COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

JULY 27, 1999

The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Past Chairman John David Stewart at 3:06 p.m.,Tuesday, July 27, 1999, in the Auditorium of the Louisiana State Exhibit Museum, 3015 Greenwood Road.

Invocation was given by Councilman Carmody.

On roll call, the following members were present: Councilmen Huckaby, Stewart, Carmody, Serio (arrived at 3:20), Spigener, and Shyne. 6. Absent: Councilman Burrell who was out of the City. 1.

Motion by Councilman Huckaby, seconded by Councilman Spigener for approval of the Minutes of the Administrative Conference of July 12, 1999, Minutes of the Regular Meeting of July 13, 1999 and the Agenda as amended on July 26, 1999. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, and Shyne. 5. Absent: Councilmen Serio and Burrell. 2.

Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. Mayor Hightower presented a Proclamation to Ms. Bobby N. Jackson. Ms. Jackson, I'd like to present this to you and thank you for all you've done and welcome back home. Ms. Jackson: First, I like to say giving honor to God who is the head of my life and head of the businesses, it is great and an honor to be back home. I accept this award with much pride, but I also would like to have my team, that is here with us today also, stand because without them and without God, none of this would be possible. It is good what we have done in the City of Detroit and right now we are back home and it is great for what we have done and we intend to do a lot more positive things here with the children, senior citizens and any of you here in this area. It is good to be back home. Thank you and God bless. (Mr. Serio arrived.)

Public Hearings: None. The Vice-Chairman noted a public hearing is scheduled for the August 10, 1999 Council meeting relative to Resolution No. 156 of 1999 (Ticket Master).

Confirmations and/or Appointments: None.

The Council considered the Consent Agenda Legislation.

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Stewart, seconded by Councilman Shyne for Introduction of the Resolution and Ordinances on the Consent Agenda not to be adopted prior to August 10, 1999. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

INTRODUCTION OF RESOLUTION:

1. Resolution No. 166 of 1999: A resolution authorizing the Mayor to execute an amended permit application for operation of the Lucas Wastewater Treatment Plant Sludge Field and to otherwise provide with respect thereto.

INTRODUCTION OF ORDINANCES:

• Ordinance No. 106 of 1999: An ordinance closing and abandoning a 10 foot-wide dedicated utility servitude in Lots 16 and 17 of the Audubon Meadow, Unit No. 2 Subdivision, and to otherwise provide with respect thereto.
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• Ordinance No. 107 of 1999 by Councilman Carmody: An ordinance to repeal Ordinance No. 145 of 1955 pertaining to a no parking ordinance on both sides of the 800 block of Sewanee Place and to create and establish a no parking any time zone on the north side of the 800 block of Sewanee Place between San Augustine Avenue and South Gate Road and to otherwise provide with respect thereto.
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• Ordinance No. 108 of 1999 by Councilman Carmody: An ordinance to create and establish a no parking any time zone between the hours of 2:00 pm and 4:00 pm Monday through Friday on the south side of the 800 block of Sewanee Place beginning at the west curbline of Reily Lane and extending west to South Gate Road and to otherwise provide with respect thereto.
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• Ordinance No. 109 of 1999 by Councilman Carmody: An ordinance to create and establish a no parking zone between the hours of 2:00 pm and 4:00 pm Monday through Friday on the both sides of the 800 block of Sewanee Place beginning at the curbline of South Gate Road and extending to Captain Shreve Drive and to otherwise provide with respect thereto.
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• Ordinance No. 110 of 1999 by Councilman Stewart: An ordinance to create and establish a no parking zone between the hours of 2:00 pm and 4:00 pm Monday through Friday on the east side of Portland Avenue and Claiborne Avenue to Emery Street and to otherwise provide with respect thereto.
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• Ordinance No. 111 of 1999 by Councilman Shyne: An ordinance to repeal a portion of Ordinance No. 104 of 1963 which created a two-way stop at the intersection of Wallace Street and 69^th Street, and to create and establish the intersection of Wallace Street and 69^th Street as a four-way stop intersection and to otherwise provide with respect thereto.
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ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Shyne, seconded by Councilman Spigener for Adoption of the Resolutions on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

RESOLUTIONS:

RESOLUTION NO. 158 OF 1999

A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL LEGAL COUNSEL TO REPRESENT THE CITY OF SHREVEPORT, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, it is the desire of the City of Shreveport to retain the services of outside legal counsel to represent the interests of the City of Shreveport and its officers and employees in litigation involving expropriations and other real estate claims.

WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that Loyd K. Thomas, Attorney at Law, be retained for the purpose of said representation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened that the Mayor be and he is hereby authorized to execute, for and on behalf of the City of Shreveport, a retainer agreement with Loyd K. Thomas, Attorney at Law, in accordance with the terms and conditions of the draft thereof which was filed for public inspection, together with the original copy of this resolution in the office of the Clerk of Council on July 13, 1999.

BE IT FURTHER RESOLVED that expenses from this contract shall be paid out of the general government legal expense fund.

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. 159 OF 1999

A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL FEE FOR THE CONVENTION HALL FOR THE CADDO COMMUNITY ACTION AGENCY, INC. TO HOLD THE PAUL LYNCH AWARDS BANQUET AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the Caddo Community Action Agency, Inc. plans to hold the Paul Lynch Awards Banquet Thursday, September 23, 1999 in the Convention Hall as a fundraiser to provide emergency relief to needy citizens of Caddo Parish; and

WHEREAS, the Caddo Community Action Agency, Inc. will use these funds to assist individuals in times of dire need with temporary and permanent housing, food, utilities, clothing, transportation and many other basic needs; 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 Convention Hall by the Caddo Community Action Agency, Inc. to hold the Paul Lynch Banquet.

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 Convention Hall by the Caddo Community Action Agency, Inc. to hold the Paul Lynch Awards Banquet on September 23, 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. 160 OF 1999

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION IN THE AMOUNT OF TEN THOUSAND DOLLARS FROM THE RED RIVER REVEL, INC., AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport desires to support cultural, educational and leisure activity programs in the Shreveport Festival Plaza which serve the public and render a public service; and

WHEREAS, the Red River Revel, Inc. desires to support the growth and use of the Shreveport Festival Plaza and the surrounding area; and

WHEREAS, the Red River Revel, Inc. desires to donate an amount of Ten Thousand dollars (10,000.00) to be used to purchase equipment and supplies for the Shreveport Festival Plaza; and

WHEREAS, the City of Shreveport has established an Enrichment Fund as a trust fund for donations of funds and/or goods by any persons or groups. The Enrichment Fund ordinance is contained in Section 26-186 et seq., of the Code of Ordinances; and

WHEREAS, the ordinance provides that donations over $5,000.00 shall be accepted only with the approval of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Shreveport in due, legal and regular session convened that Keith Hightower, Mayor, is hereby authorized to accept a donation in the amount of Ten Thousand Dollars ($10,000.00) from the Red River Revel Inc.

BE IT FURTHER RESOLVED that the funds donated by the Red River Revel shall be used to purchase equipment and supplies for the Shreveport Festival Plaza.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof be 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. 167 OF 1999

A RESOLUTION APPROVING THE DOWNTOWN DEVELOPMENT AUTHORITY 2001-2005 MULTI-YEAR IMPROVEMENT PROGRAM AND OTHERWISE PROVIDING WITH RESPECT THERETO

WHEREAS, in accordance with Act 554 of 1978 of the Louisiana Legislature, it is necessary that a formal Multi-Year Improvement Program for the Downtown Development Authority be adopted by the City Council; and

WHEREAS, the stated Multi-Year Improvement Program as attached has been carefully prepared with public input and approved and recommended to the City Council by the Downtown Development Authority,

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened that it hereby approves the 2001-2005 Downtown Development Authority Multi-Year Improvement Program.

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 provision, 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.

RESOLUTIONS ON SECOND READING AND FINAL PASSAGE:

The Deputy Clerk read the resolution by title: Resolution No. 142 of 1999 by Councilman Huckaby: A resolution to request the Attorney General of the State of Louisiana to provide an opinion on the following issue: Whether the Mayor can amend a concession agreement to add new buildings without introducing a new ordinance and advertising same, and otherwise provide with respect thereto.

Read by title and as read motion by Councilman Huckaby, seconded by Councilman Shyne to postpone the resolution until the August 10, 1999 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

The Deputy Clerk read the resolution by title: Resolution No. 156 of 1999: A resolution stating the City of Shreveport's endorsement of Ashley Ridge Partners, Ltd. to participate in the benefits of the Louisiana Restoration Tax Abatement Program and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody to postpone the resolution until the August 10, 1999 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

RESOLUTION NO. 157 OF 1999

A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE CITY OF SHREVEPORT AND THE CADDO-BOSSIER PARISHES PORT COMMISSION TO PROVIDE WATER AND SEWERAGE TO THE PORT OF SHREVEPORT-BOSSIER AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport and the Caddo-Bossier Parishes Port Commission entered into a cooperative endeavor agreement on May 16, 1995, which provided, among other things, that the City would sell and deliver, and the Port and its users would buy and receive water and sewerage services from the City at points approved by City; and

WHEREAS, certain provisions of the cooperative endeavor agreement require the Port and its users to comply with the provisions of Chapter 94 of the Code of Ordinances; and

WHEREAS, Section 94-8 of the Code of Ordinances requires all new buildings or structures located within or outside the corporate city limits, and any additions, modifications, alterations or repairs of existing buildings that utilize the water or sewer facilities of the city, or both, comply with the requirements of the City's comprehensive building code, as amended, including the securing of all permits and inspections required by such code; and

WHEREAS, the requirements of Section 94-8 of the Code of Ordinances are applicable to the additions, modifications, alterations or repair of buildings or structures located within the Port's service area as the area is defined in Exhibit C, an attachment to the 1995 Cooperative Endeavor Agreement; and

WHEREAS, City and Port desire to amend certain provisions of the 1995 Cooperative Endeavor Agreement relative to the applicability of Chapter 94 of the Code of Ordinances and provisions of the City of Shreveport Comprehensive Building Code as amended, to the Port or its users.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the Mayor is authorized to execute an amendment to the 1995 Cooperative Endeavor Agreement between the City of Shreveport and the Caddo-Bossier Parishes Port Commission substantially in accordance with the draft attached hereto and filed for public inspection with the original of this resolution in the Office of the Clerk of Council on July 13, 1999.

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 application, 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.

Read by title and as read motion by Councilman Spigener, seconded by Councilman Shyne passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

The Deputy Clerk read the resolution by title: Resolution No. 161 of 1999: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and E & L Development for water and sewer mains serving Hideaway Harbor Estates Subdivision, Phase III, Unit IX, and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Stewart, seconded by Councilman Huckaby to postpone Resolution Nos. 161 through 165 until the August 10, 1999 meeting.

Councilman Stewart: 1. Yesterday, I made some observations to members of the Council that were here as well as the audience. 2. I've spoken with Mr. Thompson. 3. I have here a document that has been prepared at my request which is a summary of discussions concerning installation, inspection, maintenance of private residential water mains and hydrants provided to me by the Shreveport Fire Department. I will have copies made for each of you. This is the letter was finally prepared because of computer problems in my office. It says, and it is addressed to Mr. Strong, I spoke with Mr. Strong yesterday afternoon openly and then in passing and I would like to quote: "Thank you, I spoke with Mr. Hightower at lunch and the information I believe to be accurate, I'm listing my suggestions in summary."

First of all this is not an effort to prevent the acquisition of the systems. I think that is the most critical issue. And my recommendations are as follows that I believe are important, this is based on discussions with Mr. Ross Montelbano, three discussions with Bo Roberts, and a review of information with Mr. Thompson. 1. I think every fire hydrant in each of the areas should be inspected prior to an acceptance from the city. A method of flow testing each hydrant should be employed to make certain we know what we have. 2. The sewer should be examined in a similar fashion. This can be examined by remote television cameras as well as smoke testing; those are the two common ways and this is has been done over the years in the City in the past. I believe that we need to examine in this same light, the distance between hydrants. You may recall some five or six years ago we were a Class 3 fire protection, we went to a 2 and we are now at a 1. The distance between the hydrants is extremely important. Again, this referring to my discussions with the Fire Chief. The distance is an additional requirement for fire protection rating and we need to make certain we are not called to task by the PIL in the event of unique circumstance, that is the Property Insurance Association of Louisiana that provides the ratings. Please do not accept this as me attempting to imply that I am an expert; that is not the case. We are being asked by people that I know, some of whom I've insured over the years, some places where I belong as a member, to accept things that are underground and aboveground, but the principle exposure is underground. While we have a main for instance, a new main to be either 6 or 8 inches that goes down the road to Southern Trace, we still are being asked and this is not pointing to them individually but as an example to accept these things without any test, without any proviso of what we are getting and if you accept the fact that we have numerous experiences with blowouts and sewers, that is an EPA issue. I believe that the protection of our fire code, the protection of the water system and the quality of the water we receive as well as to avoid any ultimate issues of difficulty with the EPA associated with pollution, blowouts that we have these examined in an appropriate fashion determined by Mr. Strong and subject to the usual business practices of Engineering in order to make certain that we know what we are accepting, in the same fashion that you'd drive a used car around the park, you would have a mechanic look at it. I believe if each of you will go and examine our past history, it has been a past history posture of accepting these things, sight unseen, without any attention and I can take you around Cross Lake where we paid $70,000, $25,000, $28,000 and this has been a continuum. This is not an angry statement. I think that these are worthwhile considerations. I just merely urge caution and would request that we defer these until we have the appropriate report with the blessings of Mr. Strong, the Fire Department , as well as the Administration.

Resolution No. 162 of 1999: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Southern Trace, a Limited Partnership by Southern Trace Development Corporation, its General Partner for water and sewer mains and related facilities serving Southern Trace, Phase IV - Section XIV and otherwise providing with respect thereto.

Resolution No. 163 of 1999: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Tanglewood Place, L. L. C. for water and sanitary sewer main extensions and related facilities serving Azalea Gardens Subdivision, Phases 2 and 3 and otherwise providing with respect thereto.

Resolution No. 164 of 1999: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Westport Co-Investors, Louisiana Partnership for water main and related facilities serving Five Oaks Drive Extension west of Pines Road and otherwise providing with respect thereto.

Resolution No. 165 of 1999: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Dalton Street Properties, L. L. C. for 8-inch sanitary sewer main and related facilities serving Forbing Commercial Subdivision, Unit No. 3 and otherwise providing with respect thereto.

Motion to postpone the resolutions approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

Councilman Stewart: I will have copies in the hands of each of you by tomorrow.

RESOLUTION NO. 168 OF 1999

Offered by Councilman Shyne and seconded by Councilman Carmody:

RESOLUTION

A RESOLUTION PROVIDING FOR CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE SPECIAL ELECTION HELD IN THE CITY OF SHREVEPORT, STATE OF LOUISIANA, ON SATURDAY, JULY 17, 1999, TO AUTHORIZE THE INCURRING OF DEBT AND ISSUANCE OF BONDS THEREIN.

BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Shreveport, State of Louisiana (the "City"), that:

SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in the City of Shreveport, State of Louisiana, (the "City"), on SATURDAY, JULY 17, 1999, to authorize the incurring of debt and issuance of bonds therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election.

SECTION 2. Proces Verbal. A Proces Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerks of Court and Ex-Officio Recorder of Mortgages in and for the Parishes of Bossier and Caddo, who shall record the same in the Mortgage Records of said Parishes; and another copy thereof shall be retained in the archives of this Governing Authority.

SECTION 3. Promulgation of Election Result. The result of said election shall be promulgated by publication in the manner provided by law.

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN THE CITY OF SHREVEPORT, STATE OF LOUISIANA, ON SATURDAY, JULY 17, 1999.

BE IT KNOWN AND REMEMBERED that on Tuesday, July 27, 1999, at three o'clock (3:00) p.m., at its regular meeting place, the City Hall, Shreveport, Louisiana, the City Council of the City of Shreveport, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Shreveport, State of Louisiana (the "City"), and being the authority ordering the special election held therein on Saturday, July 17, 1999, with the following members present:

There being absent:

did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:

SHREVEPORT PROPOSITION

SUMMARY: AUTHORITY TO ISSUE NOT EXCEEDING $87,000,000 OF 20-YEAR GENERAL OBLIGATION BONDS OF THE CITY FOR THE PURPOSE OF PUBLIC BUILDINGS AS FOLLOWS: (i) $85,000,000 FOR CONSTRUCTING, ACQUIRING AND IMPROVING A CONVENTION CENTER, AND ACQUIRING THE NECESSARY LAND, EQUIPMENT AND FURNISHINGS THEREFOR, AND (ii) $2,000,000 FOR CONSTRUCTING, ACQUIRING, RENOVATING AND/OR IMPROVING PUBLIC BUILDINGS FOR MULTI-CULTURAL AND OTHER PUBLIC PURPOSES, AND ACQUIRING THE NECESSARY LAND, EQUIPMENT AND FURNISHINGS THEREFOR, SAID BONDS TO BE PAYABLE FROM AD VALOREM TAXES.

Shall the City of Shreveport, State of Louisiana (the "City"), incur debt and issue bonds to the amount of Eighty-Seven Million Dollars ($87,000,000), to run twenty (20) years from date thereof, with interest at a rate not exceeding eight per centum (8%) per annum, for the purpose of public buildings as follows: (i) $85,000,000 for constructing, acquiring and improving a convention center, and acquiring the necessary land, equipment and furnishings therefor, and (ii) $2,000,000 for constructing, acquiring, renovating and/or improving public buildings for multi-cultural and other public purposes, and acquiring the necessary land, equipment and furnishings therefor, which bonds will be general obligations of the City and will be payable from ad valorem taxes to be levied and collected in the manner provided by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974 and statutory authority supplemental thereto?

There was found by said count and canvass that the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 13,197 votes cast IN FAVOR OF the Proposition and a total of 3,683 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 9,514 votes cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly carried by a majority of the votes cast by the qualified electors voting at the said special election held in the City on Saturday, July 17, 1999.

THUS DONE AND SIGNED at Shreveport, Louisiana, on this, the 27^th day of July, 1999.

ATTEST:

/s/Chairman, City Council

____________________________________

/s/Clerk, City Council

Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

Mr. Thompson: We have received those tallies and they were not included in the ordinance that you had yesterday but they are included in the ordinance today and they are as presented in the paper, so I'm sure that you saw all of those. So we did open them and did comply with law in that regard.

Councilman Shyne: I was reading in the Shreveport Times this morning where it says: Economic Development Benefits All, and the column that was written by Louis R. Avalone. And Mr. Mayor, it seems like he goes into, I don't whether he is a foreigner or how long he has lived in the City of Shreveport, but I look at our City and our Council as a family and if you belong to a family and family members can't disagree and come together, I think it is something wrong.

To me, that is what a democracy is all about, for you to disagree and not just rubber stamp or go along or just to be going along with anybody. I personally feel like, and I've seen it where disagreement can be healthy, it can be good. I don't know where this gentleman get his ideas or I don't know where he became such a political expert on political matters. I have never known him to hold a political office, maybe he has, in another city or another state or another country, but I've noticed his articles have a tendency to relate to the bond issue as dividing the community. I don't see no division in the community. Matter of fact, I just made the motion that we would adopt the passing of the bond issue for the Convention Center. If there are other items that I disagree with, I'm going to disagree with them just as aggressive and in a very vigorous manner and it does not necessarily say, Mr. Mayor, that we are not friends and to the members of the City Council, that we are not friends and this is what the news media have to understand. That people can disagree, don't have to be disagreeable. After the situation is settled, we can move on together as a family, it is healthy. It is a puzzle to me, maybe this is how they sell newspaper or this is how the news media keep their rating going, but there will be other times that we will disagree. There will be other times that I will be on the other side and some of my Council comrades, the Mayor and the Administration, but it does not say that we are trying to divide the community.

I believe that we were all the winner. The bond election passed, we'll build a Convention Center and we got a Fair Share Program; so, I think we were all winners. And I think if we do not look at it as, all of us being winners, I think somebody has a selfish or a very negative outlook on what happened. This is what the political process is all about. We all won. We are still a family, we are going to move forward, we are going to put this behind us, and we are going to work for the benefit of Shreveport. The people that I represent from my district, the people I represent city-wide, they all feel like that we won. The Mayor came up with an excellent Fair Share Program, the Convention passed, we are going to build that and we are going to move on. I would hope that the news media would stop writing that the City is divided and people are not going to move to Shreveport. Evidently, this guy doesn't do much reading because he doesn't realize and I almost said, he was a little bit on the dumb side that, we are losing people out of Caddo Parish already and this was even before we had the bond election.

I don't know where he has been and to me this does a disservice to our beautiful City. It just so happens that I was born in Shreveport and I don't know where he came from, but I was born right where City Hall is now and 'cause I know Tom isn't old enough to remember that. It used to be a hospital. Councilman Carmody: That's right, I know my history, Joe. Councilman Shyne: That's right, Keith is old enough to remember--no, Keith read in the history book, but it use to be a hospital there. Councilman Stewart: I was there when it was built. Councilman Spigener: I remember it too, Mr. Shyne. Councilman Shyne: So ya'll see I'm not by myself, there used to be a hospital there, that is where I was born. My roots are in Shreveport, and I believe that I have the right to take that kind of position and don't think that I just take positions just because it just fall out of the sky. You can rest assured that I'm pretty good at what I do. I didn't just start doing this yesterday, so we are all winners. This is a family, we are going to move on down the road and congratulations, Mr. Mayor, you are a friend of mine. Mayor Hightower: Congratulations stood for the whole city. Councilman Shyne: That's exactly right. Mayor Hightower: Can you tell us a little bit about, I know you are sold old that Old Spice used to be called New Spice and I think, 7-Up was like 2-Up. Councilman Shyne: That's exactly right, at one time now this was about 10 years ago, Old Spice was called New Spice, but they are coming out, I think it was last week, they came out with a new one; so, it is good to know a little bit about your history. If you don't know anything about your history, you don't know where you are going in the future.

RESOLUTION NO. 169 OF 1999

Offered by Councilman Stewart and seconded by Councilman Carmody:

RESOLUTION

A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SHREVEPORT, STATE OF LOUISIANA, TO AUTHORIZE THE LEVY OF A SPECIAL TAX IN THE DOWNTOWN DEVELOPMENT DISTRICT, MAKING APPLICATION TO THE STATE BOND COMMISSION IN CONNECTION THEREWITH AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

WHEREAS, the Downtown Development Authority (the "Authority"), as governing authority of the Downtown Development District (the "District"), has submitted a proposal and recommendation to this Council for the submission to the voters of the City the question of a special tax renewal as provided herein, all in accordance with Act 554 of 1978, Act 411 of 1980 and Act 163 of 1984 of the Louisiana Legislature; and

WHEREAS, this Council now desires to call an election as provided herein and in accordance with said proposal and recommendation to the Authority;

BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Shreveport, State of Louisiana (the "City"), that:

SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Act 554 of 1978, Act 411 of 1980 and Act 163 of 1984 of the Louisiana Legislature, the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the City on SATURDAY, NOVEMBER 20, 1999, between the hours of six o'clock (6:00) a.m., and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:

CITY OF SHREVEPORT (DOWNTOWN DEVELOPMENT DISTRICT)

PROPOSITION (TAX CONTINUATION)

SUMMARY: 5 YEAR, 7.99 MILLS PROPERTY TAX CONTINUATION TO BE LEVIED IN THE DOWNTOWN DEVELOPMENT DISTRICT, TO BE EXPENDED BY THE DOWNTOWN DEVELOPMENT AUTHORITY FOR ADMINISTRATION, OPERATIONAL EXPENSES, ACQUIRING PROPERTY, PROJECT EXPENSES AND/OR THE RETIREMENT OF BONDS OR OTHER EVIDENCES OF INDEBTEDNESS.

Shall the City of Shreveport, State of Louisiana (the "City"), acting through the City Council as the governing authority thereof, be authorized to continue to levy a special tax of Seven and Ninety-Nine Hundredths (7.99) mills on all property subject to taxation situated within the bounds of the Downtown Development District of the City of Shreveport (the "District") as defined by Act 554 of 1978, as amended by Act 411 of 1980 and Act 163 of 1984 (the "Act"), for a period of five (5) years, beginning with the year 2000 and ending with the year 2004, with the proceeds of said tax to be used solely and exclusively for the purposes and benefit of the District, and to be expended by the Downtown Development Authority for administration, operational expenses, acquiring property, project expenses and/or the retirement of bonds or other evidences of indebtedness, in accordance with the terms and conditions of the Act as the same now exists or may hereafter be amended?

SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in "The Times", a daily newspaper of general circulation within the City, published in Shreveport, Louisiana, and being the official journal of the Governing Authority, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.

SECTION 3. Canvass. This Governing Authority, acting as the governing authority of the City, shall meet at its regular meeting place, the City Hall, Shreveport, Louisiana, on TUESDAY, NOVEMBER 23, 1999, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.

SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.

SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Tuesday, November 23, 1999, as provided in Section 3 hereof. All registered voters in the City are entitled to vote at said special election and voting machines shall be used thereat.

SECTION 6. Authorization of Officers. The Clerk of Council of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the Chairman and/or Clerk of Council of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election, including but not limited to, appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.

SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, the Clerks of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parishes of Bossier and Caddo, State of Louisiana, and the Registrars of Voters in and for said Parishes, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as required by law.

SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the aforesaid special election as herein provided, and in the event said election carries for further consent and authority to levy and collect the special tax in the Downtown Development District provided for therein, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.

EXHIBIT "A"

NOTICE OF SPECIAL ELECTION

Pursuant to the provisions of a resolution adopted by the City Council of the City of Shreveport, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Shreveport, State of Louisiana (the "City"), on July 27, 1999, NOTICE IS HEREBY GIVEN that a special election will be held within the City on SATURDAY, NOVEMBER 20, 1999, and that at the said election there will be submitted to all registered voters in the City qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:

CITY OF SHREVEPORT (DOWNTOWN DEVELOPMENT DISTRICT)

PROPOSITION (TAX CONTINUATION)

SUMMARY: 5 YEAR, 7.99 MILLS PROPERTY TAX CONTINUATION TO BE LEVIED IN THE DOWNTOWN DEVELOPMENT DISTRICT, TO BE EXPENDED BY THE DOWNTOWN DEVELOPMENT AUTHORITY FOR ADMINISTRATION, OPERATIONAL EXPENSES, ACQUIRING PROPERTY, PROJECT EXPENSES AND/OR THE RETIREMENT OF BONDS OR OTHER EVIDENCES OF INDEBTEDNESS.

Shall the City of Shreveport, State of Louisiana (the "City"), acting through the City Council as the governing authority thereof, be authorized to continue to levy a special tax of Seven and Ninety-Nine Hundredths (7.99) mills on all property subject to taxation situated within the bounds of the Downtown Development District of the City of Shreveport (the "District") as defined by Act 554 of 1978, as amended by Act 411 of 1980 and Act 163 of 1984 (the "Act"), for a period of five (5) years, beginning with the year 2000 and ending with the year 2004, with the proceeds of said tax to be used solely and exclusively for the purposes and benefit of the District, and to be expended by the Downtown Development Authority for administration, operational expenses, acquiring property, project expenses and/or the retirement of bonds or other evidences of indebtedness, in accordance with the terms and conditions of the Act as the same now exists or may hereafter be amended?

The said special election will be held at the following polling places situated within the City, which polls will open at six o'clock (6:00) a.m., and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to-wit:

The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.

The said special election will be held in accordance with the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that this Governing Authority will meet at its regular meeting place, the City Hall, Shreveport, Louisiana, on TUESDAY, NOVEMBER 23, 1999, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the City are entitled to vote at said special election and voting machines will be used thereat.

THUS DONE AND SIGNED at Shreveport, Louisiana, on this, the 27^th day of July, 1999.

ATTEST:

/s/Mayor

/s/Clerk of Council

Read by title and as read motion by Councilman Stewart, seconded by Councilman Carmody passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

INTRODUCTION OF RESOLUTIONS: None.

INTRODUCTION OF ORDINANCES:

1. Ordinance No. 112 of 1999: An ordinance amending the 1999 Capital Improvements Budget, appropriating the funds therein, and otherwise providing with respect thereto.

2. Ordinance No. 113 of 1999: An ordinance amending the 1999 budget for the Community Development Special Revenue Fund and otherwise providing with respect thereto.

3. Ordinance No. 114 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property generally located on the SW corner of Walker Road and Bert Kouns, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District to B-2, Neighborhood Business District, and to otherwise provide with respect thereto.

• Ordinance No. 115 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the SE corner of Lakeshore Drive and Carrie Avenue, Shreveport, Caddo Parish, Louisiana, from R-2, Suburban, Multi-Family Residence District to B-3, Community Business District and to otherwise provide with respect thereto.
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• Ordinance No. 116 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the east side of N. Market, 250 feet north of Poleman Road, 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.
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• Ordinance No. 117 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the SE corner of Bert Kouns and Wallace Lake Road, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-3, Community District and to otherwise provide with respect thereto.
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• Ordinance No. 118 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on Jewella Avenue and Denton Street, 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.
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• Ordinance No. 119 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 W. 70^th Street and Brantway Street, 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.
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• Ordinance No. 120 of 1999 by Councilman Huckaby: An ordinance to amend and reenact Chapter 26, Section 218 of the Code of Ordinances of the City of Shreveport relative to periodic reporting and to otherwise providing with respect thereto.
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Motion by Councilman Shyne, seconded by Councilman Carmody for Introduction of the Ordinances to lay over until the August 10, 1999 meeting. Motion approved by following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

1. Ordinance No. 54 of 1999 by Councilman Huckaby: An ordinance creating a Police Department Citizens' Review Board and otherwise providing with respect thereto.

Having passed first reading on April 13, 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 Huckaby, seconded by Councilman Shyne to postpone the ordinance until the August 10, 1999 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

2. Ordinance No. 93 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the south side of Greenwood Road, 150' east of Greenwood Lane, Shreveport, Caddo Parish, Louisiana, from R-3, Urban, Multi-Family Residence District to B-3, Community Business District and to otherwise provide with respect thereto.

Having passed first reading on June 22, 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 Stewart, seconded by Councilman Carmody to postpone the ordinance until the August 10, 1999 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell.

3. Ordinance No. 98 of 1999: An ordinance to amend and reenact Chapter 66 of the Code of Ordinances of the City of Shreveport relative to Benefits and Retirement Allowances and to otherwise provide with respect thereto.

Having passed first reading on July 13, 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 Spigener, seconded by Councilman Shyne adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

4. Ordinance No. 99 of 1999: An ordinance to amend and reenact Chapter 66 of the Code of Ordinances of the City of Shreveport relative to Benefits and Retirement Allowances and to otherwise provide with respect thereto.

Having passed first reading on July 13, 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 Spigener, seconded by Councilman Carmody for adoption of the ordinance. The Deputy Clerk read the following amendment:

Delete paragraph (e) and substitute the following paragraph (e).

Amend Section 66-64 (e) to read as follows:

The total payable by the city in each year shall be an amount equal to a maximum of 9.15% of the earnable compensation of each member. The pension accumulation account percentage will vary based on the actual valuation and will fluctuate inversely with the percentage (see Section 66-73 (a)) attributable to each account of members and beneficiaries in the employer contribution plan.

Motion by Councilman Shyne, seconded by Councilman Spigener for adoption of the amendment.

Councilman Spigener: Mr. Mayor, are you comfortable with this, this amendment? Mayor Hightower: Yes, ma'am.

Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

Motion by Councilman Shyne, seconded by Councilman Spigener for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

• Ordinance No. 100 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the south side of Mt. Zion Road, 1,400 feet west of Linwood, Shreveport, Caddo Parish, Louisiana, from I-1, Light Industry District to I-1-E, Light Industry/Extended Use District limited to "an auto salvage/parts storage operation" only, and to otherwise provide with respect thereto.
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Councilman Serio: Mr. Kirkland, how did this go through the MPC and the ZBA? Mr. Kirkland: Unanimously approval of both boards. There was only one letter of opposition in front of the Zoning Board of Appeals as well as the Planning Commission. There was no spoken opposition. In fact it is one of the rare cases, Mr. Chairman and members of the Council, that you will find a salvage yard go through with as little controversy as this one. And a lot of the reasons was the applicant did an outstanding job of presenting how he would screen this property from public view as well as the topography was relatively flat from Mt. Zion Road. In fact the gentleman got all of the neighbors to the east of him to sign a petition in favor, so that just shows you how hard this guy worked to make it work. It shows that you can get even controversial uses approved in good locations.

Having passed first reading on July 13, 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, and Shyne. 5. Nays: None. Out of Auditorium: Councilman Huckaby. 1. Absent: Councilman Burrell. 1.

• Ordinance No. 101 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the west side of Kingston Road, 600 feet south of Bellview Drive, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban, One-Family Residence District to B-2, Neighborhood Business District and to otherwise provide with respect thereto.
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Councilman Spigener: Yesterday, we were discussing this issue and Mr. Kirkland did make some comments concerning the MPC's not unanimous decision, I think there were two votes against this rezoning. However, the zoning is commercial all around this and even though I feel like an unfortunate situation for the one property owner, it seems that the trend in this neighborhood is to become commercial, and so, I'm going to support the stand of the MPC on this issue.

Having passed first reading on July 13, 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 Spigener, seconded by Councilman Stewart adopted by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, and Shyne. 5. Nays: None. Out of Auditorium: Councilman Huckaby. 1. Absent: Councilman Burrell. 1.

• Ordinance No. 102 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NW corner of Bert Kouns and West 70^th Street, Shreveport, Caddo Parish, Louisiana, from R-A (SPI-2) Residence-Agriculture (Industrial Park Overlay) District and B-3 (SPI-2) Community Business (Industrial Park Overlay) District to I-1 (SPI-2) Light Industry (Industrial Park Overlay) District to and to otherwise provide with respect thereto.
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Having passed first reading on July 13, 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 Stewart, seconded by Councilman Carmody to postpone the ordinance until the August 10, 1999 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

• Ordinance No. 105 of 1999: An ordinance amending the Code of Ordinances of the City of Shreveport by amending Chapters Two and Twenty-Six, relative to the Fair Share Program, and to otherwise provide with respect thereto.
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Mayor Hightower: We would, if we could, if you could skip that one. We have a couple of amendments, one offered by Mr. Carmody and the other one, in an effort to work with the AGC that should be arriving shortly, if we could just come back to that at the end of the meeting, we'd appreciate it. Councilman Serio: You just want us to rearrange this in our schedule, not a postponement? Mayor Hightower: Please. Motion by Councilman Stewart to postpone it until the end of the meeting, seconded by Councilman Shyne and unanimously approved.

(Clerk's Note: Council took action on this ordinance at the end of the meeting.)

Having passed first reading on July 13, 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 Huckaby,

to postpone the ordinance, seconded by Councilman Serio.

Mayor Hightower: We'd like to, if Mr. Huckaby needs some more time, I'd be glad to sit with him or have the City Attorney sit with him or any Council member that is not comfortable, but, we'd like to move on this. This plan, when we vote on it, will not be etched in stone. I think meeting after meeting, after meeting, we are going to have amendments to try to put together a cutting edge plan that will be flexible enough to be adjusted anytime another court decision is rendered in Seattle or wherever it may be, so that we continue to massage our plan so that it will uphold and withstand any challenge.

If there are problems, and amendments that need to be offered at a later date, certainly, I'm willing to sit down Councilman and work those out with you but we would like to do because we do want to get the plan in place as soon as we can, get the people in place to get the mechanisms going so that we can administer the plan because we want to have it going by January, the 1^st is our target date, hopefully we can do it sooner than that. Like I said, it is going to be an on-going massaging process. We are doing everything we can. Councilman Carmody had a question that we are trying to address in an amendment today; also, the AGC had a concern that we are trying to address in an amendment today and Councilman Huckaby or any member, that has any kind of question or amendment that we need to add it two weeks from now or two months from now, certainly, we want to entertain that so that we have the best plan possible to accomplish our goals.

Councilman Huckaby: There are some amendments brought to us just a few minutes ago, I'm not prepared to vote on them. If it means calling a special meeting later this week or next week, I would favor that rather than voting on this within the next 15 or 20 minutes. This is of too much importance for us to rushed into a vote on it.

Mayor Hightower: The other thing that I would offer if those amendments bother Council members is that we vote on the plan itself, then and we'll hold those amendments over for two weeks if that is what is necessary so that we can get the plan underway and then we can debate the amendments in two weeks.

Councilman Huckaby: I have amendment that I wish to offer if there are no questions about that, I would like to offer that amendment and get a vote on it today, but I do have some concerns about the amendments that the Administration has offered.

Councilman Shyne: Why don't we, if the Mayor and Councilman Huckaby can agree, like it was stated, why don't we hold up on the amendments and just go ahead on and vote on the plan, put the plan in action. We can vote on Mr. Huckaby's amendment today, hold the other amendments out like you suggested, and just go ahead on and put the plan in place. Councilman Huckaby: If there are concerns about the amendment that I have offered, then lets not even vote on that today. Mayor Hightower: There are none.

Councilman Spigener: Do we have a copy of Councilman Huckaby's amendment? Councilman Huckaby: It should be in front of you. Ms. Glass: I put it at your place earlier. Councilman Serio: This Section 2-408. Councilman Huckaby: It deals with record keeping requirements.

Councilman Shyne: But I think we need to go ahead on with the plan. Mayor Hightower: And we don't have a problem passing that, that's fine.

Councilman Shyne: I think it is just the one dealing with Mr. Huckaby. I think the other amendments that the Administration submitted, they are willing to hold those out as long as we go ahead on and put the plan in motion and vote on their amendments. Amend the plan at the next Council meeting, is that what we said would be a fair compromise? Mayor Hightower: That would be fine. One of the amendments that we offer, deals with a recent change in state legislation, so we do want to correct that when it comes to bonding; so, we do think that that is going to be crucial to be part of the plan in the next two weeks, but we certainly don't mind you taking a look at that if that is what you want to do over the next two weeks, but at least if we know that the Council, in general, is okay with the plan we can get our process going because it is going to take a while to get everything set up, established and the plan initiated. We are going to still have some other contacts and meetings with the AGC, the Minority Contractors, and other groups that are interested in knowing exactly how we are going to massage and make this work, so that it is fair and easy to use and that has been our goal all along.

Councilman Shyne: Mr. Mayor, I would ask this of the Administration since this plan is so important to not only the black community, but to the community at large. Would you please keep us informed when any decisions that are made in relation to this plan, when you talk to any group or if you get any information about it, please keep us informed. You need to call us and let us come in at different times because this is very important. This is something that in the next six, seven or eight years, you are going to be able to look back on it and be extremely proud of it. We are going to be able to look back on it and be extremely proud of it, so I wish you would keep us aware of what's going on. Mayor Hightower: We'll do that.

Councilman Spigener: One question that I have is on Amendment No. 1. How can we not vote on this if it puts us in compliance with state law, I don't see the problem; maybe I'm missing something? Councilman Serio: Do we have a comment from that from our Legal Counsel? Ms. Glass: Mr. Lafitte and Ms. Wallis have been working on this, they may be able to address that. The only thing that I would say just from a procedural standpoint, is that it was my understanding that the change actually was to the Attachments to the ordinance and not to the ordinance itself, they may want to address that. Councilman Serio: Mr. Lafitte, can you help us out? Mr. Lafitte: I think Ms. Wallace can help you better, she made those. Ms. Wallis: Prior to coming to the meeting, Ms. Glass and I spoke shortly before the meeting started. The Clerk of Council and I have also spoken and as I understand it, Amendment 1 is not necessary as far as passing the ordinance itself. Amendment 1 is an amendment to an Attachment to the ordinance and as I understand it, the Clerk of Council did check with Ms. Lee, the Deputy Clerk of Council, and she advised that the Attachments were not submitted with the formal legislation, so you would not be voting on the Attachments.

Mr. Thompson: The Amendment 1 that I have is Mr. Huckaby's amendment. Councilman Serio: We have two Amendment No. 1. Councilman Spigener: I'm referring to the one that Mr. Carmody has submitted. Mr. Thompson: And it was my understanding that that was not to be considered today whether you voted on the entire matter or not. Councilman Carmody: Correct. Mr. Thompson: And the reason is, is because that is not a part of the ordinance. That amends something that is not now a part of the ordinance, it is an attachment to a draft but it is not an attachment to the ordinance that Ms. Lee has as a part of our official files; so there is nothing to amend as it relates to that document.

Councilman Spigener: Why do we have to vote on this then, why can it just not be, I don't see that we have any choice here, but to change this; maybe I'm missing something. Mr. Thompson: It was my understanding that the Administration was going to withdraw that because there is nothing in the document that you have before you that talks about that issue, that is not a part of the document that you are considering, officially. Councilman Spigener: I will accept that. I did that a lot in Chemistry when I couldn't see something and couldn't understand it, I just accepted it, so I'll do that. Councilman Stewart: He lit your Bunsen burner.

Councilman Spigener: I wouldn't say that. Councilman Huckaby, here again the lawyers are talking over my head. Can you just tell me in layman's terms what you are talking about here. I read it but there are so many DBEs and SDBEs and ADPICS that I couldn't concentrate on it. Councilman Huckaby: I introduced an ordinance amendment today that will be voted on two weeks from today. And this amendment conforms the record keeping requirements of this ordinance with the provisions of 26-218 which I introduced today. It will cover record keeping for all of the various MBEs or whatever it may be and no one will be eliminated whether you be female, black, or whatever or disadvantaged or whatever, it will cover everybody; that's my appreciation of it. Mr. Thompson, can you give her a better definition of that.

Mr. Thompson: The ordinance as introduced does not allow, will not allow the City to give any advantages to anybody because of their race or sex. In other words, if you are a minority, the only way that you are going to be able to benefit from this ordinance is that you are also a disadvantaged business. If you are a white male, the only way that you can benefit from this ordinance is that you are a disadvantaged business. So whether you are a white male or a minority will not matter if you are a disadvantaged business. However, what Mr. Huckaby is doing, what his amendment will do will be to allow the City to keep records to gather data as to whether they are doing business with a minority, whether it is a disadvantaged business or whether it is not a disadvantaged business or a woman, whether it is a disadvantaged business or not a disadvantaged business, and a disadvantaged business and for everybody who is not in one of those categories. So, we will have records on and we will know if we have 25% of the business is going to minorities or 10% or 5%, whether 3% is going to women or 30% and whether others are getting 80% or 70% or 60%; so we will have the records and the data even though we will not have a program that will benefit a person because of his race or gender. Councilman Spigener: Thank you, I believe that you've gotten it to my level.

Councilman Huckaby: I'm not going to do anything to try to block the vote on any of this today, I'm ready to vote on all of it. I want to make this comment: It is my appreciation of this Fair Share Plan that we are about to vote on is a race neutral plan. And if that is the case, then I think that a significant segment of this community, particularly the black community has been deceived into believing that they are subject to receive 25% of the contracts to be awarded by this City and that is not the case. The black community will not be afforded 25% of the contracts to be awarded by this City. This Fair Share Plan, a race neutral plan, covers almost everybody. I just wanted to make that point clear. And if it is a race neutral plan, it will probably stand Constitutional muster as the Mayor has argued. If it is not a race neutral plan, then it will be stricken down, but the main point I want to make is that, as a race neutral plan, then if it is found to be one, then the black community has been deceived into believing that they will receive 25% of this plan and that is not possible, because the plan is open to white women, white men, everybody except rich white men. Councilman Huckaby withdrew his motion for postponement as well as the second by Councilman Serio.

Councilman Serio: We have to amendments as well that are available for vote today, is that correct? Mr. Thompson: That is correct. Councilman Serio: And then the City Council amendment for Mr. Carmody can not be voted on today? Mr. Thompson: That is correct, it is withdrawn. Councilman Serio: We have Amendment No. 1 by Mr. Huckaby and we have the Fair Share Program amendment, lets call it No. 2. It says Section 2-408 and both of those are available for a vote today. Mr. Thompson: That is correct.

Councilman Shyne: Mr. Thompson, it is very seldom that I disagree with you. Mr. Thompson: That you agreed not to do No. 2? Councilman Shyne: Right. Mr. Thompson: You are right; so, that will not be available to vote on today, just Mr. Huckaby's amendment. Councilman Serio: So neither one of those, since they were introduced today, can not be voted on today? Mr. Thompson: Except Amendment No. 1 which is Mr. Huckaby's amendment. Councilman Serio: So the only amendment is Mr. Huckaby's No. 1. Mr. Thompson: That is correct. Councilman Huckaby: Now why can't the other amendments be voted on? Mr. Thompson: Because the Administration said that they would not. Councilman Carmody: Can I clarify one thing. We have these two different amendments offered. One was withdrawn. The second regarding the Fair Share Program which should have been marked as Amendment No. 2, you should have in front of you. Just as a point of explanation, the way that it is written was that anybody submitting a bid to do work for the City had to provide all of the documentation to show that they were meeting the stated goals or they were trying to have met the stated goals. Concerns was brought forward that, there would be so much paperwork involved with everybody who was submitting bids to document their good faith efforts that as a concession to make the burden lighter on those who wish to bid, this second amendment, the Section 2-408, Good Faith Effort, instead of the bidder having to bring the documentation prior to putting the bid in, it would change the process so that the lowest bidder would then be required to bring documentation. So, Councilman Huckaby. . . Councilman Huckaby: I understand your amendment and it is my understanding that the other amendment (Councilman Carmody: Is out.) that is called Amendment No. 1, that you are now throwing that out. Councilman Carmody: Correct.

The Deputy Clerk read the following amendment:

Amendment No. 1:

By: Councilman Huckaby

Amend the ordinance as follows:

On page 17, in Section 2-425, delete the second paragraph and substitute the following:

- The City's Vendor Database, ADPICS, allows for certain designations to be attached to a business firm's information. This information is obtained at the time that a vendor/contractor submits a "Vendors List Application" to the City. If a vendor/contractor lists themselves to be minority, women, and/or disabled veteran owned, the application is forwarded to the DBE Office for verification and pursuit of S/DBE or DBE certification, if applicable. Once a business firm's ownership has been verified, the DBE Office will then notify Purchasing of the certification, and Purchasing will keep a record thereof in accordance with Section 26-218.

Motion by Councilman Shyne, seconded by Councilman Huckaby for adoption of Amendment No. 1. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

Councilman Carmody: I wanted to move that we also adopt the second amendment, the Fair Share amendment, should be Amendment No. 2 regarding to Good Faith Efforts.

Amendment No. 2:

Section 2-408 Good Faith Efforts

1^st Paragraph, line 10:

Change line from:

This information must be fully documented and submitted with the bid or contract, in order for the requirement to meet the entire stated goal to be waived.

Change to:

This information must be fully documented and submitted by lowest bidder directly after bid opening for bided jobs and submitted with contracts, in order for the requirement to meet the entire stated goal to be waived.

Councilman Serio: Mr. Thompson, we can vote on this one today? Mr. Thompson: I thought that the agreement was that it would not be voted on today. However, the Council or if Mr. Huckaby does not object and the Council agrees, then you could vote on it today, it is just up to the Council as to whether it wants to abide by its original consensus, I think it was, or whether you are now comfortable with that amendment and you want to consider it also. (Councilman Huckaby's remark inaudible).

Councilman Carmody: Is anyone unclear as to what we were trying to do? Councilman Huckaby: No.

Motion by Councilman Carmody, seconded by Councilman Shyne for adoption of Amendment No. 2. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

Motion by Councilman Serio, seconded by Councilman Carmody for adoption of the ordinance as amended.

Councilman Huckaby: With great reservations about the constitutionality of this ordinance as amended, and with great reservations about the perception that I believe the black community has insofar as the black community being able to receive 25% of the contracts to be awarded by this City, I am voting for this ordinance as amended to place it on the record so that if it is to be challenged, we can get on with the challenge right away and the City of Shreveport would know what direction we are going to take insofar as inclusion of black people in city awarded contracts. I will vote in favor of the ordinance as amended, with those reservations.

The ordinance as amended adopted by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

Councilman Shyne: Mr. Mayor, I do think that this is an accomplishment for the Administration and for the Council. Over the last four years, the Shreveport City Council and the Administration, and I guess most of the City has been comfortable with the, and I won't use the word "minority", I'll say with the black community only receiving 1% out of City Hall. And as long as the black community didn't say anything, did not raise any red flags and of course, matter of fact, I truly believe and I could be mistaken, but even with the vote on the disparity study, I believe, what was that about 2 or 3 years ago where, I believe all of the City Council members at that time, Tom, voted to have a disparity study, the Mayor at that time vetoed it and his veto was upheld. It makes me think that it might have been a little bit of hanky panky going on. Now, it could not have been, but I've had that mentioned to me. This is a giant step. Mr. Mayor, we are going to be looking for you to be the quarterback and I do want you to know that I will agree with you a lot of times and I will disagree with you some times. And if I disagree with you, and I hope the news media will not pick it up as trying to divide the community. If I disagree with you, it is totally from the standpoint of trying to make sure that we do what's right for Shreveport and I mean what's right for everybody in Shreveport.

I don't really think that my constituency elected me just to sit here and not have any input. I been around a good little while and this is the first time in the last 6 or 7 years that we have tried to reach out and tried to include everybody at the economic table. Now, I did receive and I know you all received something 'cause it was kind of like, and I hate to say this, Councilman Huckaby said it and I said and I believe I see Larry English out in the audience sitting with this--I don't know whether that is a golf cap on or a baseball cap or what kind of cap that is, but this program is going to be challenged. They are saying right now that it is not race neutral. It is going to be challenged. Mr. Mayor, it is going to take a tremendous amount of leadership on your part. Council members, it is going to take a lot of leadership on our part, and it is going to put us in a position sometimes where we are uncomfortable. But I've always been told that men and women with vision will step up to the plate whether it is in a comfort zone or whether it is not in a comfort zone, and it doesn't matter what you do, people are going to criticize you. If you sit on your porch everyday and don't do nothing, somebody is going to drive by and say, look at that crazy person; somebody is going to criticize you. I would rather for them to criticize you or to criticize me for trying to do what's right.

I truly believe that I am my brother's keeper. If you truly believe that you are your brother's keeper, then the program that we passed today, we will do our best to make this program work. Mr. Mayor I give you credit for saying that we are going to have to come back from time to time and amend this program, it is not etched in stone. But we have got to have the courage to amend this program and not water the program down. Because if we are not careful, at the end of the day, we will still be looking at the black community getting 2 to 3% or 4 to 5%; this is not what I want. I firmly believe, and maybe I'm by myself, but God will bless this community if we do what's right. God will bless this community. Opposing the bond issue was not dividing the community. It was making sure that everybody was included in it. It was not a power struggle between Hilry Huckaby and Keith Hightower, I won't even but myself in that Keith, but it was not a power struggle between Keith Hightower and Hilry Huckaby like some of the news media wanted to make it seem like it was. And we all know why we did that and I don't mind that, you are going to have that, you know, they sell papers and everything else with that. But we wanted to make sure that what ever means, that at the end of the day when I meet my Maker, I say can, Lord I did my best to help those who are traditionally left out. So I commend this Council and I commend the Administration. Ken, I know you put in a lot of hard extra hours getting this Fair Share Program together. I'm going to take you out and buy you a coke for that, I can't afford a full meal, but thank you very much.

Mayor Hightower: First of all, I want to say, thank you to the Council for stepping up to the plate on the City's Fair Share Plan. Councilman Shyne, I think you said it right, it is all of our plan. This is not the Mayor's plan or your plan or anybody else's plan, it is the City's plan and as I said before, I think we have to have continued input. We'll continue to watch court decisions across the country to modify our plan to be sure that it will withstand any court challenge that we may have. The plan is put together to be race neutral; that's the only way that it can be constitutional and withstand a court challenge. My commitment however has not changed. It is the same. We don't limit what we want to do to 25%, our goal is 25%, and I've been clear all along that personally, my goal is 25% minority participation. That has not changed, that has not wavered, but the plan must be race neutral. I want to make that publically clearly. We all, I think know where we are headed with our plan, this Mayor and this Council and this City. And we are going to do everything we can to get it put together as quickly as we can, operated as efficiently as we can to be sure that everyone has an opportunity to come to the table and participate as we have said all along and I think today we all agree upon.

And again, I appreciate the confidence and would encourage your continued input anytime you may receive a letter or you may receive input or hearsay from somewhere else, so that we can keep this plan massaged as much as we can to be sure that it will withstand a court challenge and we can provide for our citizens.

Councilman Huckaby: This is the Fair Share Plan for disadvantaged businesses, is your commitment 25% for disadvantaged businesses or 25% to black business? Mayor Hightower: My commitment is the same to minority businesses. Councilman Huckaby: And minority includes. . . Mayor Hightower: That is what we have said all along. Councilman Huckaby: And minority include blacks, but it is not specifically black, is that correct? Mayor Hightower: In the case of the City of Shreveport, that is, what it is. We are going to try to take care of every disadvantaged business we can and every minority business that we can, but certainly, I have sense enough to understand that half of this community happens to be black and that's the majority of what we are addressing, and the plan itself, if race neutral. Councilman Huckaby: And that being a race neutral plan, this does not, your commitment could not be for the black community to receive 25% of the city awarded contracts, am I correct? Mayor Hightower: Say that again. Councilman Huckaby: This is a race neutral plan. Mayor Hightower: That's right. Councilman Huckaby: A plan for disadvantaged business. Your commitment could not be for the black community to receive 25% of city awarded contracts, am I correct? Mayor Hightower: My commitment is that. Councilman Huckaby: To give 25% of city awarded contracts to the black community? Mayor Hightower: That's right, that's been my commitment all along. Councilman Huckaby: I just want to be clear about it. Mayor Hightower: Twenty-five percent (25%) is not a limit, it is a goal. So if we move and we happen to do 35% with disadvantaged business and 27% happen to be black, then that's the way it falls. Councilman Huckaby: I just want to be clear about your commitment. Mayor Hightower: Okay, but I do want to be perfectly clear that the plan is race neutral. Councilman Huckaby: I understand that.

Councilman Serio: I think performance is the whole issue here and I think one of the things that you can debate for hours as to intent but I think what we have to do is let the Mayor get the plan started and see exactly where he goes with his plan. I have the confidence, the confidence in Keith, that he will move forward with this and that we will see a good plan for the City of Shreveport. I congratulate you today on this particular issue being finalized today, but also want to give you the opportunity to work and move forward to make this plan work for the City of Shreveport. Too many times and of course, we read in the newspaper and unfortunately we get a lot of sizzle on the front page but you don't get that steak, you don't get that hard core information that you like to have. And I think right now we are talking about sizzle right now, but I think what we need to do is give Mr. Hightower some time to see exactly how the plan works out and then if we need to make modifications or we need to make adjustments or we need to sit back and say, hey we need some alterations here because it doesn't look like it is going in the direction we wanted it to go, then we have to take that opportunity to work with him. But I think at this time, we need to give Mr. Hightower enough time to get, at least conclude the meeting and get the plan started, that is what we want, to get the plan started.

The adopted Ordinances, as amended, follows:

ORDINANCE NO. 98 OF 1999

AN ORDINANCE TO AMEND AND REENACT CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO BENEFITS AND RETIREMENT ALLOWANCES AND TO OTHER- WISE PROVIDE WITH RESPECT THERETO.

BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that Sections 66-96 (a) and (b), 66-97, 66-101, 66-105 of the Code of Ordinances are hereby amended and reenacted to read as follows:

Sec. 66-96 Generally.

(a) Any member of the system may retire after 30 years of service regardless of age; or after 20 years of service provided he has attained age 55; or after ten or more years of service provided he has attained age 65. Any member eligible for retirement may retire upon his written application to the board of trustees setting forth at what time, not less than 30 days and not more than 90 days subsequent to the execution and filing thereof, he desires to be retired.

(b) In the case of retirement for service of any member prior to the normal retirement age (NRA) his retirement allowances shall be computed in accordance with exhibit 1 (below). Any member exercising early retirement is ineligible to participate in the Deferred Retirement Option Plan as set forth in Section 66-106.

* * *

Sec. 66-97 Disability retirement allowance.

(a) Members retired by the board prior to October 1, 1999 receive disability retirement allowance as follows:

(1) Disability benefits shall continue to be paid to a disabled retiree until the earliest of the date of his death, the date he is determined to be no longer disabled, or the first day of the month following his 65^th birthday. Upon occurrence of the earliest of these events, the disability benefits shall cease and further benefits payable under this plan shall be determined as follows:

a. Upon the death of a disabled retiree, a death benefit shall be payable under this plan in accordance with provisions applicable to members at the date of his death with similar age, and based on service and compensation the disabled retiree had earned as of the date of his disability along with any cost of living increases the board may have granted since his date of disability to such classes to which his beneficiary belongs.

• Upon a disabled retiree's recovery from disability, his accrued benefit will be equal to the amount based on his compensation and service earned prior to his disability in accordance with the plan at that time plus any increases in benefits granted by the board to such class of disabled retirees during his period of disability. If he becomes a member of the plan within six months after recovery, this accrued benefit will be increased, if warranted, by any compensation and service he may earn as determined in accordance with the plan provisions after his recovery.
• 
  
  

• Upon the first day of the month following a disabled retiree's 65^th birthday, payment of a retirement allowance, in amount equal to the disability benefit being received by such disabled retiree shall begin to be paid under the same terms and conditions as a retirement allowance. Such disabled retiree would then be considered a retiree and has the right to elect certain retirement options and other retirement privileges.
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(2) A disabled retiree who is receiving a disability benefit shall be ineligible for retirement benefits and any rights or options associated therewith other than is provided in this article; provided, however, that a disabled retiree receiving a disability benefit who subsequently recovers from such disability in accordance with subsection (a)(1) b. above, shall have his rights to such retirement benefits, and the options associated with it, restored and reinstated.

(Code 1971, § 2-35(2); Ord. No. 105, 1995, 7-25-95)

(b) As of October 1, 1999, all active members of the Employment Retirement System are mandated to participate in the Long Term Disability Plan as follows: (See Appendix attached).

* * *

Sec. 66-101. Reexamination of beneficiaries retired on account of disability prior to October 1, 1999

(a) Once each year during the first five years following retirement of a member on a retirement allowance for disability prior to October 1, 1999, and once in every three year period thereafter, the board shall require any disability beneficiary who has not attained age 65 to undergo a medical examination by the board's physician. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be suspended and, at the expiration of six months, all his rights in and to a pension, including that portion previously suspended, shall be revoked by the board.

* * *

Sec. 66-105. Cost-of-living increase.

(a) The board of trustees shall authorize a cost-of-living increase each year as set forth hereinafter, provided a cost-of-living increase meets sound actuarial policies. Any such increase shall be granted not more than once annually and, if granted, shall be effective January 1. Any such increase, if granted, shall be paid to all regular retirees, disability retirees and their eligible beneficiaries who, on the date of final approval of the cost-of-living increase by the trustees, or the city council as applicable, have been retired, and continuously eligible for retirement benefits and receiving retirement benefits for a minimum of 365 days. However, if any regular retiree, disability retiree or their beneficiary, otherwise eligible to receive a cost-of-living increase and who is receiving a retirement benefit on the date such cost-of-living increase is finally approved, but has not been receiving those benefits for the minimum 365 day period, then they shall become eligible to prospectively receive the cost-of-living increase, if they remain continuously eligible for and receive the retirement benefit, upon reaching the 365 day minimum requirement. Any retirement or disability benefit except a Long Term Disability (Sec. 66-97) will be adjusted for the COLA as of the first day of the month following the retiree or beneficiary(s) meeting the eligibility requirement as stated herein. All cost-of-living increases shall not be in excess of the average increase in the consumer price index as of June 30, of the proceeding year. Notwithstanding anything contained in this article to the contrary, cost-of-living increases authorized by this section may result in benefits being paid to eligible recipients which, when added to the benefits being paid pursuant to other provisions of this article, may exceed limitations on such benefits provided elsewhere in this division. Such benefit limitations provided elsewhere in this division shall not deprive anyone of any cost-of-living increases granted pursuant to the provisions of this section. As used in this section, the term "consumer price index" shall mean the "Consumer Price Index for All Urban Consumers, U.S. Average, All Items," as of June 30 annually, issued by the U.S. Bureau of Labor Statistics.

* * *

(c) Notwithstanding anything contained in this section to the contrary, the city council may, under the following circumstances, grant cost-of-living increases in excess of five percent of a beneficiary's current benefit. In order to do so, the city council shall adopt a resolution acknowledging that the system's actuary has certified the system's ability to pay the proposed cost-of-living increase and directing the board of trustees to pay such an increase to the beneficiaries of the system.

(Code 1971, § 2-35(10); Ord. 101, 1996, 7-23-96)

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.

/s/Philip Serio, Vice-Chairman

/s/Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 99 OF 1999

AN ORDINANCE TO AMEND AND REENACT CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO BENEFITS AND RETIREMENT ALLOWANCES AND TO OTHER- WISE PROVIDE WITH RESPECT THERETO.

BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that Sections 66-72 (a) and (b), and 66-73 (a) and (b), of the Code of Ordinances are hereby enacted and Section 66-64 (a), (c), and (e) is hereby amended and reenacted to read as follows:

Sec. 66-72 The City of Shreveport Employees' Retirement System (ERS) Deferred Compensation Plan.

(a) Employees may contribute to the Employee Retirement System Deferred Compensation Plan and receive a match from the City on contributions up to 6% of compensation.

(b) Additional unmatched amounts may also be contributed as deferred compensation up to an amount allowable per IRC Section 457.

Sec. 66-73 The City of Shreveport Employees' Retirement System (ERS) Employer Contribution Plan.

(a) Money will be contributed to all eligible ERS employees according to their compensation per IRC Section 401(a). The annual percent contributed will be determined by the Board of Trustees per the annual actuarial valuation. Until the initial valuation, the contribution rate shall be 1.55% and may be adjusted annually, July 1.

(b) Matching contributions will be on a stepped rate based on the employee contribution as follows:

(1) 50% on employee contributions up to and including 4%.

(2) 25% on employee contributions exceeding 4%, up to and including 6%.

Sec. 66-64 Annuity savings account.

• The annuity savings account shall be the account in which shall be accumulated contributions of members. The contributions of each member shall be five percent of his earnable compensation;
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* * *

Pension accumulation account.

• On the basis of the entry age normal cost method and the interest and mortality assumptions that the Board adopts, the actuary shall determine the normal cost as a percentage of earnable compensation. This percentage shall be called the "normal contribution rate." The actuary shall determine the normal contribution rate after each valuation. Until the first valuation, the normal contribution rate shall be 5.1%.
• 
  
  

* * *

• The total payable by the city in each year shall be an amount equal to a maximum of 9.15% of the earnable compensation of each member. The pension accumulation account percentage will vary based on the actual valuation and will fluctuate inversely with the percentage (see Section 66-73 (a)) attributable to each account of members and beneficiaries in the employer contribution plan.
• 
  
  

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.

/s/Philip Serio, Vice-Chairman

/s/Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 100 OF 1999

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF MT. ZION ROAD, 1,400 FEET WEST OF LINWOOD, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM I-1, LIGHT INDUSTRY DISTRICT TO I-1-E, LIGHT INDUSTRY/EXTENDED USE DISTRICT LIMITED TO "AN AUTO SALVAGE/PARTS STORAGE OPERATION" ONLY, 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 170, Suburban Acres Subdivision, Third Filing, Shreveport, Caddo Parish, Louisiana, property located on the south side of Mt. Zion Road, 1,400 feet west of Linwood, be and the same is hereby changed from I-1, Light Industry District to I-1-E, Light Industry/Extended Use District limited to "an auto salvage/parts storage operation" only.

SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulations:

1. Development to be in substantial accord with the revised site plan submitted, with any significant changes or additions requiring further review and approval by the Planning Commission.

• Compliance with the Landscape Ordinance.
• 
  
  
• No stacking or crushing of automobiles permitted at this site.
• 
  
  

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.

/s/Philip Serio, Vice-Chairman

/s/Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 101 OF 1999

AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE WEST SIDE OF KINGSTON ROAD, 600 FEET SOUTH OF BELLVIEW DRIVE, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO B-2, NEIGHBORHOOD 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 192, Brookwood Subdivision, Unit No. 3, Shreveport, Caddo Parish, Louisiana, property located on the west side of Kingston Road, 600 feet south of Bellview Drive, be and the same is hereby changed from R-1D, Urban, One-Family Residence District to B-2, Neighborhood 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 a revised site plan showing compliance with landscaping, buffering, and setback requirements, to be submitted to and approved by the Planning Commission, with any significant changes requiring further review and approval 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.

/s/Philip Serio, Vice-Chairman

/s/Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 105 OF 1999

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT BY AMENDING CHAPTERS TWO AND TWENTY-SIX, RELATIVE TO THE FAIR SHARE PROGRAM, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO

WHEREAS, a program is needed to insure the fair and equitable purchasing of goods and services by the City of Shreveport; and

WHEREAS, if this program does not result in the City of Shreveport reaching at least seventy percent of its goal by January 1, 2003, or if there is a successful court challenge of the program, the City of Shreveport will conduct a disparity study.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened that Article VIII of Chapter 2 of the Code of Ordinances is hereby amended to read as follows:

Chapter 2

Administration

Article VIII. Fair Share Program for Equal Business Opportunity

Section 2-401. INTRODUCTION

In accordance with all applicable State and Federal laws, the City of Shreveport has adopted the following Fair Share Program Plan (Plan) for Small Economically Disadvantaged (S/DBEs) to comply with the City's policy of providing and ensuring contracting/purchasing opportunities to level the playing field for these business concerns. The ultimate goal is to better enhance economic development within our own community through the growth and development of these businesses.

This Administration is presently taking steps to enhance it's already existing Federal DBE Programs, for Federally funded projects. We found that there were staff requested policies and procedures needed to improve these programs, that had not been previously embraced and supported. The new Fair Share Program will operate along with the federal Disadvantaged Business Enterprise (DBE) Program, and will be complimented with a Business Development Program which will provide various vehicles in which the City will be able to promote the development and growth of all small businesses.

The guidance provided in this document is not all inclusive and shall be adjusted on an as needed basis and as directed by governing local, state, and federal laws, rules, and regulations. We also reserve the right to improve upon the procedures and documents in this Plan in order to more efficiently achieve the objectives of these programs. At no time will any policies or procedures diminish should any procedures or documents change. It is continually our objective to improve and expand these very important programs.

The City will also, in this program that works in conjunction with the Federal DBE program, provide components available to all small businesses throughout our City. This program will not employ any set-aside or quota provisions, but will set goals to meet this objective that will be monitored and reported to evaluate the program's effectiveness.

Section 2-402. POLICY STATEMENT

It is the policy of the City of Shreveport to ensure every opportunity is made available to include small disadvantaged business concerns in its letting of contracts and purchases. At no time shall any City department or representative exclude any responsive bidder from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with, the award and performance of any contract or purchase on the basis of race, color, sex, or national origin.

The City shall provide adequate programs and services to assist all of the business of our City. In keeping with that commitment, the City shall provide adequate programs and services to assist all small disadvantaged business concerns in the development and growth of their business. Each department will take measures to evaluate and ensure optimum contracting and purchasing opportunities are made available.

The intent of this policy is to identify and eliminate any barriers which may have an adverse impact upon small disadvantaged business concerns participation in all City-let contracts and purchases. Its contractors will be required to participate in this endeavor and at no time shall they discriminate on the basis of race, color, national origin or sex in the award and performance of any City-let contract or purchase.

The City shall implement a plan that will specify these intents, specify goals as required by the responsible federal agency for federally funded contracts/purchases and compliance requirements, together with the City's goals for all City-let contracts/purchases. This Plan shall be applicable to the City and its contractors with reference to their subcontracting and supply needs. The City and its contractors and subcontractors will make a good faith effort to meet its stated goals.

Section 2-403. Disadvantaged Business Enterprise Office and Staff

An office will be structured to house the City's DBE Director and will be sufficiently staffed to manage and oversee the City's Small Disadvantaged Business Enterprise Program and Fair Share Program. The DBE Director will have direct, independent access to the Chief Administrative Officer concerning DBE matters.

Each department will designate a DBE Program point of contact to assist in the tracking and reporting requirements of this plan.

The primary responsibilities of the DBE Director will be:

- To coordinate the implementation of the Plan with key departmental staff responsible for contracts, leases and purchases, making certain that positive actions are taken to promote S/DBE and DBE participation.

- Perform as certification/decertification authority for S/DBE and DBE certification, to include the investigation, certification and eligibility of qualifying business concerns who are eligible to provide services.

- Monitor reports on all City-let contracts, leases, and purchases. Maintain records and reports of procedures used to identify and award said opportunities to these business concerns.

- Review all bids and contracts for S/DBE or DBE compliance and make recommendations as to the compliance of the bid with these requirements. Review all substitutions of subcontractors to ensure that the substitutes are eligible program participants.

- Serve as liaison to local trade organizations/associations and media to provide information on business opportunities.

- Administer all small business support services that are a part of that office.

Section 2-404.DBE Director and Staff Function

The plan objectives are to ensure participation of S/DBEs and DBEs in contracts/purchases by taking all necessary steps to ensure that these businesses have the equal opportunity to compete for and perform services. The DBE Director and staff, will therefore:

- Develop and use appropriate techniques to better level the playing field of small disadvantaged business concerns in contracts and purchases.

- Provide for the benefit of proposers and prime contract bidders, a directory of S/DBE and DBE firms available for possible contract/purchase opportunities.

- Perform investigations that will lead to S/DBE certification of qualifying small disadvantaged business concerns.

- Coordinate with Purchasing Department and designated departmental points of contacts as to the actual utilization of small disadvantaged business concerns; review all substitutions before bid opening and during contract performance.

- Maintain and/or monitor required tracking and reporting procedures as they relate to the Plan.

- Act as arbitrator in disputes involving the small disadvantaged business concerns.

- Perform as the single point of contact for interpretation of supporting rules and regulations governing the Plan and program.

- Provide small business loan, technical assistance, and tax incentive programs to all of the small businesses in our City, not only those participating in our S/DBE or DBE programs.

Section 2-405. Program Application Overview

The race neutral Fair Share Program will work in conjunction with the race conscience and race neutral Federal DBE Program. Some of the major components of this Office will be as follows:

1. The Fair Share Program has a 25% goal on all City-funded contracts that are bided or awarded. This program will also involve practices with the City's discretionary funds spending, to achieve its goals. The Federal DBE Program has a Department of Transportation (DOT) calculated availability based goal and employs race conscience and race neutral methods to reach its goal. These percentages will be combined to meet the City's overall 25% goal.

2. The program will be headed by a director reporting directly to the CAO, with sufficient staff to perform these programs successfully. The staff will perform the duties necessary for managing the federal funding requirements and perform the duties to increase and monitor the inclusion of these businesses in City-funded spending. As required by federal regulations, this office will have direct independent access to the CAO and Mayor.

3. The Business Development and Services Unit, containing the Disadvantaged Business Enterprise Program, Small Business Loan Programs, and Business Incentives Programs, which is now in the Department of Community Development, will be a part of this program. In addition to this skilled staff, all necessary expertise will be added to successfully perform the programs' objectives. This office will also contract the services of technical assistance experts, as needed.

4. This office will be involved in long-range planning with each City department, to ensure opportunities for S/DBE and DBE inclusion by various measures, such as, reasonable project size breakdowns.

5. All contracts, including emergency orders by the City, will involve this office. This office will verify information on S/DBEs and DBEs given opportunities to participate as prime contractors and subcontractors. Project change-orders must also adhere to these programs.

6. This office will be empowered to place contract awards on hold for CAO and Mayor's review when the award violates the role, scope or mission of the Program.

7. City Department Heads will be assessed on their performance in these programs' initiatives. A liaison officer will be appointed in each department to work with these programs. They will give monthly reports on inclusion to this office, and these figures will be compiled and reported to the CAO's office, quarterly. These programs will involve practices with the City's discretionary funds spending, to achieve their goals.

8. Small businesses interested in participating in these programs should register or be certified. These are different procedures to meet specialized needs.

9. This office will be aggressive in educating businesses in bid opportunities and bidding processes. A copy of each City project's plans and specs will be provided to this office for review by its clients. This office will contain a room to store, and provide space to review, these documents.

10. This program will involve an internally operated technical assistance component for qualifying clients, utilizing the services of local technical assistance professionals. Training relative to technology improvement and other areas of training for clients will be addressed by this program.

11. The City will make changes to some of the bidding criteria for construction projects. The Purchasing Office, in the Department of Finance, is modifying its procedures accordingly. See Attachment 8.

12. Small business contract awards will be identified for rapid invoice payments.

13. Bonding:

- Helping to prepare the clients of the Fair Share Program to become bond-ready will be one of the objectives of this office;

- This office will research the practices of local bonding companies and work between them and its clients in need of bonding;

- This office will provide small businesses with all information available for participating in the State Bonding Program;

14. This office will be responsible for coordinating unsuccessful bidders' reviews, upon request.

15. The appropriate staff members of this office will act as ombudsmen to help to resolve differences between City Departments (contracts) and its clients. This will not supercede disputes that involve the Disqualification Review Board.

16. This office will encourage local financial institutions to participate in Louisiana Economic Development Corp. (L.E.D.C.) Loan Programs, and other state programs to assist its clients, with construction funding.

17. Annual construction licencing classes, and bidding and estimating classes, will be a part of these programs.

18. This office will monitor and report all requirements of federal funding sources along with the cooperation of the affected departments.

Section 2-406. Definitions

Business Size - for purposes of the City's Fair Share Program, an eligible firm's size shall be defined as 50% or less of the published U. S. Small Business Administration's (SBA) size standards by SIC codes. See the definition for "Economically Disadvantaged."

Certification - procedure for verification that a business qualifies for designation as a small economically disadvantaged business enterprise (for Fair Share Program) or disadvantaged business enterprise (for the Federal DBE Program).

Commercially Useful Function - the performance of real and actual service in the discharge of any contractual endeavor. The contractor must perform a distinct element of work which the business has the skill and expertise as well as responsibility of actually performing, managing and supervising.

Compliance - when a recipient, sub-recipient, contractor and/or subcontractor have correctly implemented the requirements as set forth in governing directives

DOT - U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA).

Disadvantaged Business Enterprise or DBE - a for-profit small business concern:

that is at least 51 percent owned by one or more individuals who are economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more of the economically disadvantaged individuals who own it. For the City's Federal DBE program, this category is defined utilizing the Federal small business standards.

DOT-assisted contract - any contract between a recipient and a contractor (at any tier) funded in whole or in part with DOT financial assistance, including letters of credit or loan guarantees, except a contract solely for the purchase of land.

Economically disadvantaged - means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is found to be an economically disadvantaged individual by the Small Business Administration (SBA) pursuant to Section 8 (a) of the Small Business Act, for the Federal DBE program. For the Fair Share Program, an individual found to be an economically disadvantaged person by State Division of Economically Disadvantaged Business Development standards. For more definitive information, see Section VI - Eligibility requirements for Certification.

Economically disadvantaged person (for Fair Share Program) - a citizen or lawful resident of the United States whose ability to compete in the free enterprise system has been impaired due to the diminished capital and credit opportunities as compared to others in the same or similar line of business, and whose diminished opportunities have precluded, or are likely to preclude, such individual from successfully competing in the open market.

Goal - a numerically expressed objective which the City of Shreveport or contractors and service providers are required to make good faith efforts to achieve in those specified contracts funded with Federal and City money as stated by governing federal regulations, the Mayor, and City Council.

Good faith efforts - efforts to achieve S/DBE or DBE goals or other requirements of this plan which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement.

Joint venture - an association of an S/DBE or DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the S/DBE or DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the joint venture is commensurate with its ownership interest.

Noncompliance - when a recipient, sub-recipient, contractor and/or subcontractor have not correctly implemented the requirements set forth in governing directives.

Personal net worth - the net value of the assets of an individual, remaining after the total liabilities are deducted. An individual's net worth does not include: The individual's ownership interest in an applicant or participating S/DBE or DBE firm, or the individual's equity in his or her primary place of residence. An individual's personal net worth includes his or her own share of assets held jointly or as community property with the individual's spouse, and other assets.

Registration - procedure to be developed to register an S/DBE or DBE whose business is out of our geographical traveling area. Registration will be used when the firm desires to be certified, but there is not a certifying agency within their area, from which the City can get and accept a reciprocal certification.

Small business concern for DBE Program - as defined pursuant to Section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR Part 121) that also does not exceed the cap on average annual gross receipts specified in 49 CFR part 26, section 26.65(b).

Small business concern for S/DBE Program - The City of Shreveport will utilize as a base, the eligibility requirements set forth by the State Division of Economically Disadvantaged Business Development to determine the level of economic disadvantage required for this program. Presently the state levels are: Each individual owner's personal net worth may not exceed $250,000.00, and the business's net worth at the time of application may not exceed $750,000.00. We have not yet completed our eligibility requirement in this area.

Small/Disadvantaged Business Enterprise or S/DBE - a for-profit small business concern, at least 51 percent owned by one or more individuals who are economically disadvantaged persons or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals, and whose management and daily business operations are controlled by one or more of the economically disadvantaged individuals who own it. For the City's Fair Share Program, this category is defined utilizing State small business size standards.

Section 2-407. Participation Goals

As stated in the introduction, it is the intent of the City of Shreveport to ensure equal contracting and purchasing opportunities are made available to small economically disadvantaged businesses, and to all small business concerns. An overall goal will be set for participation in those contracts that are funded, in part or in whole, with funds received by the U.S. Department of Transportation (DOT) in accordance with 49 CFR Parts 23 and 26 and by the U.S. Environmental Protection Agency in accordance with their Office of Small Disadvantaged Business Utilization Guidance Document. New DOT regulations were issued in late March of 1999. Our DBE staff is presently working the formulas mandated by these regulations to calculate an achievable goal. Other federal participation efforts established will be in accordance with the appropriate directives, laws, rules, and regulations of the other federal funding sources that are present in the City of Shreveport.

The City will set a 25% goal on all City-funded procurements that are bided and contracts entered. This program will also involve practices with the City's discretionary funds spending, to achieve its goals. With the participation percentages achieved through the goals that will be set on our federally funded programs, and the percentages achieved on City funded contracts and discretionary spending, this Administration's overall 25% goal objective will be met. Additionally, the City has implemented the new tracking ordinance introduced by Councilman Huckaby, which tracks the amount of dollars spent with all businesses. A vendor application asks the status of each business and flags their responses, providing an additional record of participation. All applicable businesses from this tracking system are offered certification. This additional information will show all DBE, W/DBE, M/DBE, and S/DBE participation achieved by the City, even when the participants refused certification, or did not qualify for certification by size or economic standards.

Section 2-408. Good Faith Efforts

In order to be responsible and/or responsive, a contractor and/or subcontractor, and service providers, must make good faith efforts to meet the goal. The bidder can meet this requirement in one of two ways. First, the bidder can meet the goal, documenting commitments for participation by S/DBE or DBE firms (whichever is applicable to the contract) sufficient for this purpose. Second, if a bidder doesn't meet the goal, the bidder can document good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a goal or other requirement of this plan which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient S/DBE or DBE participation, even if they were not fully successful. This information must be fully documented and submitted by the lowest bidder directly after bid opening for bided jobs and submitted with contracts, in order for the requirement to meet the entire stated goal to be waived. This information will be reviewed by the Purchasing Office, which receives the bids, the contracting department for non-bided contracts, and the DBE Office, when the entire goal is not met.

To assist in informing bidders of their requirements a "Bidder Checklist Good Faith Effort Requirements" has been developed (Attachment 5). Standard actions to be taken in the event of noncompliance, are also included. This checklist should be included in all contracts funded with federal dollars and City funds. The following is a list of additional types of action that should be considered as part of the bidder's good faith efforts.

- Solicitation: this can be done through attendance at pre-bid conferences, advertising and/or written notices. Solicitation must be done to allow sufficient time to allow S/DBEs or DBEs to respond. Follow-up actions must be taken to ensure S/DBE or DBE interests.

- Selecting portions of the work in order to increase the likelihood that the S/DBE or DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate S/DBE or DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces.

- Providing adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist S/DBEs or DBEs in responding to a solicitation.

- Negotiating in good faith with interested S/DBEs or DBEs. Documented evidence must be supplied as to why additional agreements could not be reached for S/DBEs or DBEs to perform the work.

- Not rejecting S/DBEs or DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.

- Making efforts to assist interested S/DBEs or DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. Obtaining written documentation from a bona fide security company indicating why bonding was denied and for what reason(s) prior to the S/DBE or DBE being rejected as a potential subcontractor for failing to obtain bidder-required bonding.

- Making efforts to assist interested S/DBEs or DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

In determining whether a bidder has made good faith efforts, take into account the performance of other bidders in meeting the contract.

Bidders are reminded that the issue of whether or not the bidder has met or exceeded the established goals and/or demonstrated good faith efforts is considered a matter of the bidder's responsibility. The City of Shreveport will only award contracts to bidders determined to be responsive and responsible.

Documentation furnished by a bidder will be subject to verification by the DBE office, as deemed necessary.

Section 2-409. Credit Towards Goals

No credit toward meeting S/DBE or DBE goals will be allowed unless the S/DBE or DBE is determined to be eligible by the DBE Office. Bidders are strongly encouraged to contact the DBE Office well in advance of the date set for receipt of offers in order to enable review of the proposed S/DBEs or DBEs eligibility to participate in the S/DBE or DBE program.

Only expenditures to S/DBEs or DBEs that perform a commercially useful function may be counted toward goals; i.e., work actually performed, supervised and managed by a certified S/DBE or DBE. A firm shall be presumed not to be performing a commercially useful function if it further subcontracts a significantly greater portion of the work that would be expected based on normal industry practice. The S/DBE or DBE may present evidence to the City of Shreveport to rebut this presumption.

The Contractor may credit toward the S/DBE or DBE goal the full expenditures for materials and supplies provided that the S/DBE or DBE is the manufacturer. Only 60 (sixty) percent of the total dollar value may be credited for materials and supplies purchased from S/DBEs or DBEs that are not manufacturers. In all instances, the S/DBE or DBE must actually provide the materials and supplies. None of the expenditures will be credited toward the S/DBE or DBE goals if the S/DBE or DBE performs no substantial service or is a passive conduit.

One hundred (100) percent of the dollar value of the award/expenditure may be counted toward the goal if the S/DBE or DBE supplier is a manufacturer; i.e., produces materials from raw materials, or substantially alters materials before resale.

The Contractor may count toward its S/DBE or DBE goal one hundred (100) percent of the cost of materials or supplies it obtains for use in a contract if the materials or supplies are obtained from an S/DBE or DBE "regular dealer."

Awards/Expenditures in contracts with businesses that are joint ventures should be counted on the basis of percentage ownership of the eligible S/DBE or DBE in the joint venture. Where S/DBE or DBE ownership is 51 (fifty-one) percent or greater, one hundred (100) percent of the dollar value is counted. The eligibility of a joint venture will be determined on a project-by-project basis. Appropriate forms are available from the DBE Office to be completed in order to determine eligibility.

A Contractor may count toward its S/DBE or DBE goals the following expenditures to S/DBE or DBE firms that are not manufacturers or regular dealers;

1. The fees charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the contract, provided that the fee is determined by the City of Shreveport to be reasonable and not excessive as compared with fees customarily allowed for similar services.

2. The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in the materials and supplies.

3. The fees charged for providing, and bonds or insurance specifically required, for the performance of the contract.

Section 2-410. Compliance by Sub-recipients, Contractors and Subcontractors

Contractors and/or subcontractors and service providers will be required to meet all the objectives and actions as stated in this Plan. Language to this effect shall be placed in each contract as let by the City, to participating third parties, prime contractors and subcontractors.

Failure to satisfactorily meet these requirements may constitute a breach of contact and one or more administrative actions could occur, as listed in the Bidders Checklist. Debarment from future City-let contacts could occur, if found appropriate based on the evidence found during an investigation of failure to meet these said requirements.

Enhancing Competitive Opportunities

Section 2-411. Opportunities for contracts and subcontracts:

- Consulting with departments to assure that each bid item has been broken down into the smallest job possible to allow potential S/DBE and DBE businesses participation.

- Attendance at pre-bid conferences and providing project information specific to the inclusion of S/DBEs and DBEs.

- Providing bid plans and specifications for S/DBE and DBE trade associations and contractor associations with sufficient lead time to allow those firms to prepare responsible bids/quotes.

- Maintaining "Bid Tabs," bid documentation from past procurements, and permitting S/DBE and DBE contractors to review and evaluate such documents.

- Ensuring advertisements for upcoming projects are provided to trade and construction associations as well as local publications that service the community.

- Providing advance notification to all known prospective bidders of informational pre-bid conferences and briefings that outline the scope of the work, delivery schedules, method of bidding and other useful information.

- Providing access to the S/DBE and DBE Certification Directory as an aid in locating businesses interested in participating in the bidding process.

- Explaining the City's Plan requirements which affect the prime contractors and their responsibilities as it relates to the inclusion of S/DBE and DBE businesses, to include solicitation procedures, tracking and reporting, substitution, etc.

- Explaining the S/DBE or DBE contract goal as it will affect screening of the prime contractor bids, discussion of S/DBE or DBE certification procedures and their determinant value on contract awards.

- Providing technical assistance to S/DBEs and DBEs, as assessments dictate.

Section 2-412. Business Development Program

The Business Development Program is a race neutral assistance program that will be operated by the DBE Office. The purpose of this program is to assist in the development and growth of S/DBEs and DBEs, and all other local small businesses. This program will include, but not be limited to, assisting S/DBEs and DBEs to move into non-traditional areas of work and/or compete in the marketplace outside of the Fair Share and DBE programs. S/DBEs and DBEs will receive via training, construction management and other technical assistance, bonding assistance, financial assistance and small business loans, business incentive programs, and other forms of assistance from the City. A detailed Business Development Program will be written as it is a mandatory part of the DOT DBE Program, due to DOT by September of 1999 and a part of our Fair Share Program.

Section 2-413. Prompt Payment

The City as well as prime contractors will be required to ensure that payment is made to designated small disadvantaged businesses within fifteen (15) workdays after receipt of a proper invoice. This will also include the requirement to ensure prompt return of retainage payments after the work is satisfactorily completed. The following clause will be included or addressed in all City-let contracts as well as those subcontracts that are awarded to designated small businesses, by the City.

Section 2-414. Contract Language

"Prompt Payment Clause" The City of Shreveport will, upon receipt of a proper invoice from a contractor and upon verification, process request for payment, said payment to be paid within fifteen (15) workdays after receipt. Upon satisfactory completion of a contract the City and/or prime contractor will ensure that any retainage payments are returned within fifteen (15) workdays.

"Affirmative Action Clause" The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of the appropriate funding guidelines for each contract. Failure by the contractor to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such other remedy as the City deems appropriate.

"Participation of Small Disadvantaged Business Concerns" It is the policy of the City of Shreveport that all prime and subcontractors and service providers utilize qualifying small disadvantaged business concerns. The City has set a goal of 25% for participation of these said business concerns in all City-let contracts and/or purchases. Specific goals are set on federally funded contracts as determined by the regulating federal agency and language to that effect shall be included in those contracts. Intentional failure by a contractor or service provider to include these designated businesses could constitute breach of contract and result in remedial action.

Subcontractor Payment Certification Every contract by the City for the performance of work will contain a provision requiring the prime contractor to certify in writing that all subcontractors and suppliers have been paid for work and materials from previous progress payments received (less any retainage) by the prime contractor prior to receipt of any further progress payments. In the event a contractor is unable to pay subcontractors or suppliers until it has received a progress payment from the City, the prime contractor shall pay all subcontractors or suppliers funds due, from said progress payments within forty-eight hours of receipt of payment from the City. During the contract and upon completion of the contract, the City may request documentation to certify payment to subcontractors or suppliers. The City reserves the right to issue joint checks payable to both the contractor and the subcontractor to ensure proper payments. This provision in no way creates any contractual relationship between any subcontractor and the City or any liability on the City for the contractor's failure to make timely payment to the subcontractor.

Section 2-415. Departmental Involvement

In addition to # 6 under Program Application Overview, stating the involvement of all City departments, the Purchasing Office and the Risk Management Division in the Finance Department, both have primary involvement in this program. The Purchasing Office has compared its practices to Louisiana State Bid laws and made adjustments to positively affect these programs and the Risk Management Division has done the same with their practices. Both sets of recommendations are being reviewed by the City Attorney's Office. See Attachment 8 for the changes proposed by the Purchasing Office.

Section 2-416. Outreach/Marketing

The Staff operating these City programs will continue to be involved with all of the local, regional, and state small business support programs that are available to assist the clients targeted by these programs. Through these outreach sources, the staff gathers information to link clients with other sources of programmatic support, technical assistance, and monetary support, for enhanced growth. The staff will also use the avenues of marketing available to solicit more clients to take advantage of these programs. Media sources will also be utilized to solicit more private sector support for these businesses. It is our intention to assist businesses to grow past the need for programmatic support, showing that the playing field has, because of measures such as these programs, become more level for all of our local businesses.

Section 2-417. Certification and Compliance

The City's DBE Office is responsible for the overall implementation and monitoring of the City's Fair Share and DBE Programs, including coordination of the final decision on behalf of the City as to the status of S/DBE and DBE applicants. The necessary authority has been delegated to the DBE Director and adequate support staff will be furnished to ensure Program success. Various DBE support staff will be designated the responsibility for day-to-day management of the City's DBE and Fair Share Program.

Section 2-418. Eligibility Requirements for Certification

A small economically disadvantaged business (S/DBE) is a firm that is owned and controlled by one or more small economically disadvantaged individuals and meets the requirements of small disadvantaged businesses. Eligibility requirements fall into two categories that apply to the individual owners and to the applicant's firm. In order to continue participation in the Fair Share Program, a firm and its individual owners must continue to meet all eligibility requirements.

A. Economically Disadvantaged Persons

For purpose of the Fair Share Program, a person who meets all of the criteria in this section shall be defined as an Economically Disadvantaged Individual.

1. Citizenship - the person is a citizen or lawful permanent resident of the United States.

2. Net Worth - each individual owner's personal net worth may not exceed $250,000. The value of an individual's personal residence and his/her investment in the applicant firm will be excluded when calculating individual net worth for the Program.

3. Income - each individual owner must submit personal Federal Income Tax Returns for the past three years.

B. Economically Disadvantaged Business

1. Ownership and Control - at least 51% of the company must be owned and controlled by one or more economically disadvantaged individuals.

2. Business Size - for purpose of the Fair Share Program, an eligible firm's size shall be defined as 50% or less of the published U. S. Small Business Administration's (SBA) size standards by SIC codes.

3. Lawful Function - the company has been organized for profit to perform a lawful, commercially useful function.

4. Business Annual Gross Revenue - a business's annual gross revenue may not exceed the Louisiana Economically Disadvantaged Business's (EDB) size standard by SIC codes.

5. Business Net Worth - the business' net worth at the time of application may not exceed $750,000. The DBE Office may waive this requirement only in those instances where the business seeking certification is in a capital intensive business.

6. Diminished Capital and Credit - a firm will be considered to have diminished capital and credit if its ability to compete in the free enterprise system has been impaired due to diminished capital and credit, opportunities as compared to other firms in the same or similar line of business, and whose diminished opportunities have precluded, or are likely to preclude, such firm from successfully competing in the open market. Examples of diminished capital and credit are lack of access to long-term financing or credit, working capital financing, equipment trade credit, raw materials, supplier trade credit and bonding. The applicant must furnish documentation that credit has previously been denied for an area of credit that applies to the firm's type of business, condition or situation. Applicant firms that score poorly on all financial measures published by the Robert Morris Associates for liquidity, leverage, operating efficiency and profitability, and considered to be economically disadvantaged.

Factors to be considered are:

a. Business assets

b. Net worth

c. Income

d. Profit

7. Full Time - Managing owners who claim economically disadvantaged status must be full time employees of the applicant firm.

C. Documents Required for Certification

The applicant shall be supported by, but not limited to, the following documents:

1. Business's balance sheet and income statement.

2. Verification of signatories on bank accounts.

3. Copies of income tax returns.

4. Resumes of owner and top managers.

5. Copies of business licences and permits.

6. Copies of stock certificates, stock transfer ledgers, and articles of incorporation if business is a corporation.

Section 2-419. S/DBE, DBE and Joint Venture Registration and Certification

This office will be responsible for the certification process, including receiving and reviewing S/DBE and DBE certification and registration applications, preparing initial findings and performing registration, certification/decertification actions. A business' certification will last for three (3) years before re-certification is required, but they must submit an affidavit on an annual basis showing ownership and control. If there are any changes, the firm shall submit new information.

The DBE support staff will be responsible for obtaining completed registration and certification applications and all other information deemed necessary from each S/DBE and DBE applicant, conducting on-site visits and investigations pertaining to each applicant's status, and providing this information to the DBE Director for certification or re-certification approval.

The DBE Director and staff will certify the eligibility of S/DBEs, DBEs and joint ventures for contracts let by the City. The City may also accept the certifications made by other agencies, if the certification criteria and process are equal to those in these programs.

The City requires prime contractors and subcontractors and service providers, to make good faith efforts to contract with and replace an S/DBE or DBE subcontractor that is unable to perform the contract successfully with another one certified by the City. Substitutions of S/DBE or DBE subcontractors after bid opening and during contract performance must be approved by the DBE Office. In these instances, the DBE Office will verify the eligibility of the substitute firm.

The City shall encourage the establishment of joint ventures and mentor protégé programs between local companies. This program staff will take the necessary steps to encourage and support these relationships between S/DBEs, DBEs and non-DBEs.

Any business that desires to participate as an S/DBE or DBE will be required to complete and submit an application (Attachment 1) to the City. Any business that desires to participate as a joint venture will, in addition, be required to complete the appropriate application (Attachment 2). The applications must be signed and notarized by the authorized representative of the business.

Section 2-420. Uniform Certification Standards

The City DBE Director and staff will take, at minimum, the following steps in determining whether a firm may be certified as an S/DBE, DBE or Joint Venture, after receiving all information required to be submitted with the certification application.

1. Perform an on-site visit to the offices of the firm at the time of the eligibility investigation. Utilize the Validation Procedure Form (Attachment 3) to verify information provided by the business concern. During the visit, a needs assessment must also be

conducted to recommend placement in the City's Business Development Program or participation in the Technical Assistance Program, only. The information discovered during the on-site visit as well as recommendations stemming from the needs assessment shall be documented on the On-Site Visit Form (Attachment 4).

2. Obtain the resume or work histories of the principal owners of the firm and personally interview these individuals.

3. Analyze the ownership of stock in the firm if it is a corporation.

4. Analyze the bonding and financial capacity of the firm.

5. Determine the work history of the firm, including contracts it has received and work it has completed.

6. Obtain or compile a list of equipment owned or available to the firm and the licenses of the firm and its key personnel to perform the work it seeks to do.

Section 2-421. On-site Certification Visits

On-site visits are mandatory and will be made to the applicant's location of business unless any of the following situations exist:

1. The City, at its discretion, accepts the certification of another agency, when such certifications included visits conforming to this Plan;

2. The City obtains the report of a site visit completed by another agency which the City relies on. A firm applying for certification may be required to supply such reports or cause the other agency to supply it. The City will then draw its own conclusion regarding eligibility; or

3. The City re-certifies a firm that it previously reviewed on-site, and eligibility issues (e.g., change in ownership) have not arisen that makes a second visit necessary. In the absence of such issues, an on-site visit need be conducted only once.

Section 2-422. Unified Certification Programs

Within three years of March 4, 1999, the City will enter into an agreement establishing the Unified Certification Program (UCP) for the State of Louisiana. The UCP must meet all the requirements and will follow all certification procedures and standards as applied in the DBE program and other governing directives.

The purpose of the UCP is to provide a "One-Stop" process for recipients and firms seeking DBE certification within a state. Certifications by the UCP will be honored by all DOT fund recipients and will be considered a pre-certification; i.e., certifications that have

been made final before the due date for bids or offers on a contract that the firm seeks to participate as a DBE.

The UCP will maintain a unified DBE directory containing, for all firms certified by the UCP (including those from other states certified under the provisions of this plan), the information required by 49 CFR Part 26, Section 26.31. The directory shall be made available to the public electronically, on the Internet, as well as in print. The UCP shall update the electronic version of the directory by including additions, deletions, and other changes as soon as they are made.

The DBE Office will design the local S/DBE application utilizing the same format as the UCP, where possible.

Section 2-423. Decertification Procedures and Appeals

Whenever the City comes to believe that a firm with a current certification is no longer eligible, the firm will be afforded the rudiments of due process prior to revoking its eligibility. The steps to be used are:

1. A letter will be sent to the firm, stating that the City DBE Office is contemplating decertification. A brief description of the reasons for the proposed action will be included.

2. The firm will be given the opportunity to respond in person and in writing to present information and arguments. An informal meeting or hearing may be part of the process, but a formal adversarial proceeding will not be used.

3. The review and final decision authority to remove a firm's eligibility will be made by the City Attorney's Office.

When the City denies certification or completes a decertification, it shall advise the firm that an appeal may be filed within 90 days of the decision with the office named below. An appeal must be in writing, dated and signed, and should be made after all appeal procedures of the City have been exhausted to the program funding source.

Tracking and Reporting

Section 2-424. DBE Directory

The S/DBE and DBE directory will be a comprehensive listing of all S/DBEs and DBEs certified by the City of Shreveport. It shall include, as a minimum, the following information: the name of the firm, its address, phone number, the types of work the firm has been certified to perform and certification expiration dates. The directory shall be updated and published on a quarterly basis and be made available to contractors and the public on request.

Once a firm has been certified, between publications, at a minimum, the database shall be updated, a copy of the certification letter shall be forwarded to Purchasing for proper coding in the Advanced Purchasing/Inventory Control System (ADPICS), and to all other City departments.

Section 2-425. Contract/Purchase Participation Tracking

To facilitate a historical archive to provide an avenue to efficiently review actual S/DBE and DBE participation in City-let contracts and purchases, a system has been put in place to gather and maintain this information. There are several facets to this endeavor that ensures the appropriate information is made available.

- The City's Vendor Database, ADPICS, allows for certain designations to be attached to a business firm's information. This information is obtained at the time that a vendor/contractor submits a "Vendors List Application" to the City. If a vendor/contractor lists themselves to be minority, women, and/or disabled veteran owned, the application is forwarded to the DBE Office for verification and pursuit of S/DBE or DBE certification, if applicable. Once a business firm's ownership has been verified, the DBE Office will then notify Purchasing of the certification, and Purchasing will keep a record thereof in accordance with Section 26-218.

Section 2-426. Reporting/Program Evaluation

Reporting requirements for federally funded contracts will be accomplished in accordance with the operating administration (FAA, FTA, and EPA). Each City department will ensure that accountability reports are accomplished as required and that a copy is provided to the City DBE Office for content review.

The City DBE Office will be required to accomplish a quarterly participation report to better gauge results and future actions needed to ensure that the overall federal DBE goals and City goals are met. This report will be forwarded to the CAO as well as the Mayor.

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.

/s/Philip Serio, Vice-Chairman

/s/Arthur G. Thompson, Clerk of Council

UNFINISHED BUSINESS:

1. Ordinance No. 211 of 1998: ZONING: C-64-98, QUERBES LAND CO; N side of E 70^th St. between Sand Beach Bayou and Bayou Pierre from R-A to B-2 and B-3, shopping center. (C/Carmody) (Tabled on Nov. 10, 1998 and Postponed on Nov. 24, 1998)

• Ordinance No. 42 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NE corner of Lakeshore Drive and Glen Avenue, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-2-A, Business Park District with MPC approval, and to otherwise provide with respect thereto.
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NEW BUSINESS:

• BAC-78-99, DAVID SUMLIN, 325 Allen Avenue, Special Exception Use in an R-3 District, mobile home. (B/Stewart)
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Councilman Stewart: My understanding is that this was denied by the Zoning Board of Appeals and has been appealed to the City Council for reversal. Based on my discussions with Mr. Kirkland, indicating yesterday that this is the placing of a mobile home, not a manufactured home and the implications that this would allow future placement of mobile homes in this area which is residential and apartments. Secondly, it is across the street from Mr. Huckaby's district and Mr. Huckaby agrees, I move that we support the denial of the ZBA.

Motion by Councilman Stewart to uphold the denial of the ZBA, seconded by Councilman Huckaby. Motion approved by the following vote: Ayes: Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. 6. Nays: None. Absent: Councilman Burrell. 1.

REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES. None.

CLERK'S REPORT:

Letters of Appeal:

1. ZONING APPEAL: C-32-99, ERNEST L. BEAUVAIS, 2100 blk Lakeshore Dr. request for re-zoning from R-2 to B-3, 25-30 unit motel or other permitted uses in this zoning classification. (G/Burrell) (Not to be considered prior to August 10)

2. BAC-77-99, BARBARA POWELL, 2001 David Raines Rd., Special Exception Use & variance in hours of operation in a B-2 District, tavern operating to 2:00 a.m. (Not to be considered prior to August 10)

COMMUNICATIONS AND MISCELLANEOUS MATTERS.

The Council resolved itself into Committee of the Whole, on motion by Councilman Spigener, seconded by Councilman Carmody and approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Serio, Spigener, and Shyne. Nays: None. Absent: Councilman Burrell. 1.

Motion by Councilman Serio, seconded by Councilman Carmody that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Ayes: Councilman Stewart, Carmody, Serio, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Huckaby and Spigener. 2.

Councilman Shyne: Before we adjourn, there is a person who has been very loyal to this City. Councilman Serio: I do not have record on this gentleman that has been so loyal, to bring him forward. Councilman Shyne: Well, let me give it to you and you might want to bring him forward. Councilman Serio: We have to have a motion from the Council to do this, now. Are you doing a motion, Mr. Shyne? Councilman Shyne: Yes, I want to say this and then I'll do the motion . Councilman Serio: Do we need a second (motion seconded by Councilman Huckaby)? Councilman Serio: But we don't even know what your motion is. Councilman Shyne: My motion is there is a gentleman who has been extremely loyal through rain, shine, sleet or snow. He has always, always gone above and beyond the call of duty for this City. I'm told that 39 years ago, I might be off a little bit. Councilman Serio: Mr. Shyne, you have to be truthful; deal only with the facts. Councilman Shyne: I was trying to make this age neutral. I'm told that today is Mr. Arthur Thompson's birthday and I would ask the Council if we could bring him up to the mic and if we could all stand and sing Happy Birthday to Mr. Thompson who was born on this day. We love you, Arthur. Mr. Thompson: Point of order, the rules will not allow you to sing Happy Birthday in a Council meeting; thank you.

There being no further business to come before the Council, the Regular Meeting adjourned at 4:55 p.m.

/s/Philip Serio, Vice-Chairman

/s/Arthur G. Thompson, Clerk of Council