The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Vice-Chairman Keith Hightower at 3:05 p.m., Tuesday, May 12, 1998, in the Council Chamber of City Hall, 1234 Texas Avenue. Invocation was given by Councilman Cooper. On roll call, the following members were present: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and Burrell (arrived at 3:10). 6. Absent: Councilman Green who was out the city. 1.
Motion by Councilman Serio, seconded by Councilman Cooper for approval of the minutes of the Administrative Conference of April 27, 1998. Motion approved by the following vote: Councilmen Cooper, Stewart, Hightower, Serio, and Spigener. 5. Nays: None. Absent: Councilmen Green and Burrell. 2.
Motion by Councilmen Cooper, seconded by Councilman Stewart for approval of the minutes of the Regular Meeting of April 28, 1998. Motion approved by the following vote: Councilmen Cooper, Stewart, Hightower, Serio, and Spigener. 5. Nays: None. Absent: Councilmen Green and Burrell. 2.
Motion by Councilman Serio, seconded by Councilman Spigener for approval of the Agenda as amended. Motion approved by the following vote: Councilmen Cooper, Stewart, Hightower, Serio, and Spigener. 5. Nays: None. Absent: Councilmen Green and Burrell. 2.
Awards, Recognition of Distinguished Guests and Communications of the Mayor which are required by law. Mr. Collins: The Mayor, he is attending a funeral and he may join us later when he gets back. He was going to make a presentation today, he might do that today, if he'll be present. If you will allow that. Mr. Chairman, you had also asked for some information concerning the Ernest & Young report and I think you'll find that information is laying at your position if you have any questions about it, we attempt to respond to those. Councilman Hightower: I think all Council members will find that information in front of you at this point.
The Vice-Chairman noted that a public hearing was not scheduled, however one will be on scheduled on Introduction of Ordinances, No. 84 an annexation ordinance having to do with the riverfront and the line being the center of the Red River, so we'll schedule that public hearing for May 26, 1998 at 3:00 in these Chambers.
Confirmations and/or Appointments. Motion by Councilman Stewart, seconded by Councilman Cooper for confirmation of Mr. Frank C. Morris, CCI as the Chief Building Official. Motion approved by the following vote: Councilmen Cooper, Stewart, Hightower, Serio, and Spigener. 5. Nays: None. Absent: Councilmen Green and Burrell. 2. Mr. Collins: On behalf of the Mayor, I appreciate the confirmation of Mr. Morris. Mr. Dumars: I would just like to introduce him to you all, you have his resume. He has made my life a whole lot easier, just dealing with the permit situation. I think that the different organizations that we interact with on a daily basis and they are very pleased with him. On his resume there, you will see on his qualifications, I would just like to announce that just last week he was notified and he did pass the exam to become a Certified Chief Building Official, so, he's the first for the City and I that (inaudible), but thank you for his confirmation. Mr. Morris: I just want to thank ya'll for your appointment. Look forward to serving the City of Shreveport, we have got a lot of things ahead of us. Shreveport is a very progressive town and I'm very proud to be a part of it. One thing that I would, just yesterday we see two developers wanting to come to Shreveport. I ask any of ya'll that talk to developers, to please tell them to come see us as soon as possible. Is the fact that a lot of times, it is just like planning our yearly budget, we don't wait until the last minute to plan it. It starts at the very beginning and that is what we want to do with any new coming developers into Shreveport, is we want to get through and (inaudible) we want to visit with them as soon as possible, due to the fact that that makes everything go quicker and then it gives everybody a good taste in their mouth to where they can also be proud of (inaudible) in Shreveport and I do thank ya'll. Councilman Hightower: On behalf of the Council, we certainly welcome you abroad and look forward to working with you.
Councilman Burrell: I want him to know that he does have a tall job and an important job; good
luck on it. Mr. Morris: I do appreciate that and I'm fully aware of that and am very proud to be
able to take the position and you are going to see new things happen.
The Council considered the Consent Agenda legislation.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Burrell to Introduce the Resolutions and Ordinances on the Consent
Agenda to lay over until the May 26,1998, meeting seconded by Councilman Stewart. Motion
approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener,
and Burrell. 6. Absent: Councilman Green. 1.
INTRODUCTION OF RESOLUTIONS:
Resolution No. 87 of 1998: A resolution authorizing the waiver of building rental
fees for use of the Barnwell Center in conjunction with a reception honoring Sickle
Cell Volunteers on May 15, 1998, and to otherwise provide with respect thereto.
Resolution No. 88 of 1998: A resolution authorizing the donation of the use of 40
tables, 200 chairs, and a stage to the Law Enforcement Family Reunion Committee
and to otherwise provide with respect thereto.
INTRODUCTION OF ORDINANCES:
1. Ordinance No. 76 of 1998: An ordinance closing and abandoning a portion of dedicated
utility servitude in Lot 71 of the Chasewood Subdivision, and to otherwise provide with
respect thereto.
Ordinance No. 77 of 1998: An ordinance closing and abandoning a portion of the
retrained utility servitudes in the closed and abandoned alleyway running from
Coty Street to Centenary Boulevard and lying between Stoner Avenue and Egan
Street, and to otherwise provide with respect thereto.
Ordinance No. 78 of 1998: An ordinance to create and establish a stop intersection
at the intersection of Louisiana Avenue and Cotton Street and to otherwise provide
with respect thereto.
Ordinance No. 79 of 1998: An ordinance to create and establish a stop intersection
at the intersection of McNeill Street and Cotton Street and to otherwise provide with
respect thereto.
Ordinance No. 80 of 1998: An ordinance to create and establish a stop intersection
at the intersection of Northbrook Drive and Wrenwood Boulevard and to otherwise
provide with respect thereto.
Ordinance No. 81 of 1998: An ordinance to create and establish a yield intersection
at the intersection of Kelliwood Drive and Long Lake Drive and to otherwise
provide with respect thereto.
Ordinance No. 82 of 1998: An ordinance to create and establish a yield intersection
at the intersection of Indian Trail and Apache Trail and to otherwise provide with
respect thereto.
Ordinance No. 83 of 1998: An ordinance to create and establish a yield intersection
at the intersection of Indian Trail and Mohawk Trail and to otherwise provide with
respect thereto.
ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Burrell to Adopt the Resolutions and Ordinances on the Consent Agenda,
seconded by Councilman Cooper. Ayes: Councilmen Cooper, Stewart, Hightower, Serio,
Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
RESOLUTIONS:
RESOLUTION NO. 74 OF 1998
A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL
FEES FOR USE OF EXPOSITION HALL BY THE SHREVEPORT SYMPHONY AND TO
OTHERWISE TO PROVIDE WITH RESPECT THERETO.
WHEREAS, the Shreveport Symphony has requested the use of Exposition Hall on May 16, 1998 to conduct a concert; and
WHEREAS, the Symphony has requested the waiver of all building rental fees for the concert; and
WHEREAS, the concert is free to the public, will provide an excellent opportunity for the citizens of the city to enjoy the Symphony's performance, is in the public interest and serves a public purpose.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport, in due, regular, and legal session convened that all building rental fees are waived for the use of Exposition Hall on May 16, 1998 by the Shreveport Symphony and that the provisions of Section 26-123 (1)(a)(3) and Section 26-124 are hereby suspended for this event only.
BE IT FURTHER RESOLVED that all other provisions contained in Section 26-123 shall remain in full force and effect and are not affected by this resolution.
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 ordinances or resolutions or parts thereof in conflict
herewith are hereby declared repealed.
RESOLUTION NO. 75 OF 1998
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
DONATING ONE FIRE DEPARTMENT SURPLUS MEDIC UNIT TO CADDO PARISH
FIRE DISTRICT NO. 8 (VIVIAN), AND OTHERWISE PROVIDING WITH RESPECT
THERETO
WHEREAS, the City of Shreveport Fire Department is the owner of one 1991 Type I-2 ton medic unit, VIN #1HTSLNPL1MH359963, City Tag No. 3255, with an approximate value of $20,000.00; and
WHEREAS, this medic unit has been determined by the Purchasing Agent of the City of Shreveport to be surplus property; and
WHEREAS, this medic unit is one of three which is scheduled to go to the City's auction; and
WHEREAS, Caddo Parish Fire District No. 8, which services the Vivian, Caddo Parish, Louisiana area, would like to take ownership of the medic unit to be refurbished to be used as a rescue/service unit; and
WHEREAS, the Chief of Maintenance of the Shreveport Fire Department has determined that this particular unit would best fit Fire District No. 8's needs; and
WHEREAS, the donation of this medic unit to Caddo Fire District No. 8 would serve a public purpose through continued use as a rescue/service unit for the people of Caddo Parish, Louisiana; and
WHEREAS, this medic unit has an approximate market value of $20,000.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened that the 1991 Type I-2 ton medic unit, VIN #1HTSLNPL1MH359963, City Tag No. 3255, with an approximate value of $20,000.00 be declared surplus property of the City of Shreveport.
BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute an agreement with Caddo Parish Fire District No. 8 donating said medic unit to Caddo Parish Fire District No. 8.
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 affect 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. 76 OF 1998
A RESOLUTION AUTHORIZING THE DONATION OF THE USE OF CHAIRS TO ALLOW
CADDO MAGNET HIGH SCHOOL TO REHEARSE FOR THEIR 1998 GRADUATION
CEREMONY AND OTHERWISE PROVIDING WITH RESPECT THERETO.
BY: COUNCILMAN STEWART
WHEREAS, the Caddo Magnet High School needs to rehearse the 1998 Graduation Ceremony to be held in the Hirsch Coliseum and that facility is not available for a rehearsal prior to graduation; and
WHEREAS, Caddo Magnet High School needs to borrow four hundred chairs from the city in order to rehearse the graduation ceremony in the school gym; and
WHEREAS, City Code Section 26-124 provides for an educational waiver for building fee rentals in reciprocation for services and benefits provided to the city by the Caddo Parish School Board. Therefore, it is in the public interest and it serves a public purpose for the City to donate the use of the chairs so that the graduating seniors may rehearse.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that it authorizes the donation of the use of city owned chairs to Caddo Magnet High School to rehearse the 1998 graduation ceremony.
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. 81 of 1998
A RESOLUTION AUTHORIZING RANDALL G. NIX, D.B.A., NIX SHEET METAL, INC.
LOCATED AT 7105 WEST INDUSTRIAL LOOP TO CONNECT TO THE WATER SYSTEM
OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT
THERETO.
WHEREAS, Randall G. Nix, D.B.A., Nix Sheet Metal, Inc. has agreed to secure all permits and inspections required by the Shreveport Comprehensive Building Code. Said party having submitted a petition for annexation to the City of Shreveport, and having agreed to fully comply with the regulations of the City of Shreveport in connection with said property, all as set forth in Section 94-1, et. Seq., of the Shreveport City Code. Said request and petition are attached hereto.
BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that Randall G. Nix, D.B.A., Nix Sheet Metal, Inc. be authorized to connect the building located at 7105 West Industrial Loop to the water system of the City of Shreveport.
BE IT FURTHER RESOLVED that if any provisions or items of this resolution or the application thereof are 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 resolutions or parts thereof in conflict herewith are hereby
repealed.
ORDINANCES: None.
The Council considered the Regular Agenda legislation.
RESOLUTIONS:
The Deputy Clerk read the resolution by title: Resolution No. 61 of 1998: A resolution
authorizing the Mayor to enter into an agreement with Enershop, Inc., for the purchase of an
energy management system and authorizing the Mayor to enter into a lease-purchase agreement
with Citicorp North America, inc., for the purchase of same, and to otherwise provide with
respect thereto.
Read by title and as read motion by Councilman Burrell, seconded by Councilman Cooper for
passage. The Deputy Clerk read the following amendment:
1) Amend the Resolution and Fact Sheet by changing all references in same from CITICORP
NORTH AMERICA, INC., to CITICORP REAL ESTATE, INC.
2) Add the following as the second "BE IT FURTHER RESOLVED" paragraph of the
Resolution:
***
BE IT FURTHER RESOLVED that this governing authority finds and determines that real
necessity exists for the employment of bond counsel in connection with the proposed lease-purchase agreement, and accordingly the law firm of Foley & Judell L.L.P., of New Orleans,
Louisiana, is hereby employed as special bond counsel to the Issuer to render its opinion
concerning the tax-exemption of the interest component of the lease-purchase installments. The
fees to be paid said attorneys shall be in accordance with the Attorney General's for Fees and
Services of Bond Attorneys for comprehensive legal and coordinate professional work in the
issuance of revenue obligations, plus out-of-pocket expenses. A certified copy of this resolution
shall be forwarded to the Attorney General of the State of Louisiana for his approval of the
employment and of the fees herein designated.
***
Motion by Councilman Spigener, seconded by Councilman Burrell for adoption of the
amendment. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Motion by Councilman Burrell, seconded by Councilman Spigener for adoption of the resolution
as amended. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
RESOLUTION NO. 61 OF 1998
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH ENERSHOP, INC., FOR THE PURCHASE OF AN ENERGY MANAGEMENT
SYSTEM AND AUTHORIZING THE MAYOR TO ENTER INTO A LEASE-PURCHASE
AGREEMENT WITH CITICORP REAL ESTATE, INC., FOR THE PURCHASE OF SAME,
AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, it has been determined that it is in the best interest of the City of Shreveport obtain an energy management system; and
WHEREAS, this system would provide a guaranteed energy savings to the City in the operation of certain of its public assembly facilities; and
WHEREAS, LSA-R.S. 33:4547.1 authorizes a political subdivision to enter into a performance-based energy efficiency contract for services and equipment and provides that these types of contract are exempt from the provisions of the Public Bid Law; and
WHEREAS, EnerShop, Inc., a subsidiary of Central and Southwest Corporation, submitted a response to the City's Request for Proposal Number 97-026, Request for Energy Management Systems; and
WHEREAS, EnerShop has estimated the contract price for the purchase of the energy savings equipment and related services to be $1,375,708.00; and
WHEREAS, Citicorp Citicorp Real Estate, Inc., has been identified as providing the lowest annual payment for the lease-purchase of the energy management system on a ten (10) year lease purchase; and
WHEREAS, funds have been appropriated in the 1998 budget for partial payments to be made under the lease-purchase agreement with Citicorp; and
WHEREAS, funds will need to be appropriated in future budget years for additional payments to be made under the lease-purchase agreement with Citicorp.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport, in due, regular, and legal session convened that the Mayor is authorized to execute an agreement with EnerShop, Inc., for the purchase of an energy management system.
BE IT FURTHER RESOLVED, that the Mayor of the City of Shreveport is hereby authorized and empowered to enter into a lease-purchase agreement with Citicorp Real Estate, Inc., for the purchase of an energy management system, said lease-purchase agreements to be substantially in the form approved by the Office of the City Attorney.
BE IT FURTHER RESOLVED that this governing authority finds and determines that real necessity exists for the employment of bond counsel in connection with the proposed lease-purchase agreement, and accordingly the law firm of Foley & Judell L.L.P., of New Orleans, Louisiana, is hereby employed as special bond counsel to the Issuer to render its opinion concerning the tax-exemption of the interest component of the lease-purchase installments. The fees to be paid said attorneys shall be in accordance with the Attorney General's for Fees and Services of Bond Attorneys for comprehensive legal and coordinate professional work in the issuance of revenue obligations, plus out-of-pocket expenses. A certified copy of this resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment and of the fees herein designated.
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 ordinances or resolutions or parts thereof in conflict
herewith are hereby declared repealed.
The Deputy Clerk read the resolution by title: Resolution No. 77 of 1998: A resolution
providing for the incurrence of debt and issuance of (a) * of Refunding Certificates of
Indebtedness, Series 1998A (the "Series 1998A Certificates"), (b) ** of Taxable Refunding
Certificates of Indebtedness, Series 1998B (the "Series 1998B Certificates) and (c) $ *** of
Certificates of Indebtedness, Series 1998C (the "Series 1998C Certificates) of the City of
Shreveport, State of Louisiana (the Series 1998A Certificates, the Series 1998B Certificates and
the Series 1998C Certificates being herein collectively called the ("Series 1998 Certificates");
prescribing the form, terms and conditions of said Series 1998 Certificates; designating the date,
denomination and place of payment of said Series 1998 Certificates; providing for the payment
thereof, awarding such Series 1998 Certificates to the purchaser thereof; and providing for other
matters in connection with the foregoing.
_______________
* Amount of Series 1998A Certificates, together with the Series 1998B Certificates, will not exceed $53,000,000
** Amount of Series 1998B Certificates, together with the Series 1998A Certificates, will not exceed $53,000,00.
*** Not exceeding $7,500,000
Read by title and as read motion by Councilman Spigener, seconded by Councilman Stewart for
passage. The Deputy Clerk read the following amendment:
Delete pages 1 through 38 and all of attachments, and substitute in lieu thereof, the attached
pages 1 through 43.
Councilman Hightower: We have our bond counsel, Grant Schlueter with us today if anyone has any questions about this, I think Grant can go through them. But from the information that I think he has provided all of us at this point---as he is passing that out, would you take a look at the re-financing, it looks to save us roughly $6.8 million dollars over the next, I believe, it is 19 years if my math is right. And then on the new money Certificate, it looks like the interest rate on that would 4.441 percent and that certificate is for the acquisition of garbage trucks and residential containers for one time a week garbage pick up. Grant, did you have any comments?
Mr. Schulueter: That's absolutely correct and again, on the re-financing and again, just to refresh
the audience's memory, we are refinancing. It is the Series A and B bonds which aggregate a
little over $52 million is to refinance the city's obligation to the state of Louisiana in connection
with the merger of the Police and Fire Retirement Systems. And basically, you are reducing the
7% interest rate you currently pay to the state to overall a substantially lower interest rate. As
Mr. Hightower indicated, it does save over$6,800,000 dollars to the General Fund of the city
over a 19-year period. That is about $357,000 each year, that's give or take a few dollars each
year, but it is roughly leveled savings each year and that is net of all costs.
Motion by Councilman Stewart, seconded by Councilman Cooper for adoption of the
amendment. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Motion by Councilman Stewart, seconded by Councilman Serio for adoption of the resolution as
amended. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Councilman Hightower: Thank you Grant, we appreciate the job.
RESOLUTION NO. 77 OF 1998
Offered by Councilman Spigener and seconded by Councilman Stewart:
RESOLUTION
A RESOLUTION PROVIDING FOR THE INCURRENCE OF DEBT AND ISSUANCE OF (A)
$30,270,000 OF REFUNDING CERTIFICATES OF INDEBTEDNESS, SERIES 1998A (THE
"SERIES 1998A CERTIFICATES"), (B) $21,810,000 OF TAXABLE REFUNDING
CERTIFICATES OF INDEBTEDNESS, SERIES 1998B (THE "SERIES 1998B
CERTIFICATES") AND (C) $7,500,000 OF CERTIFICATES OF INDEBTEDNESS, SERIES
1998C (THE "SERIES 1998C CERTIFICATES") OF THE CITY OF SHREVEPORT, STATE
OF LOUISIANA (THE SERIES 1998A CERTIFICATES, THE SERIES 1998B
CERTIFICATES AND THE SERIES 1998C CERTIFICATES BEING HEREIN
COLLECTIVELY CALLED THE "SERIES 1998 CERTIFICATES"); PRESCRIBING THE
FORM, TERMS AND CONDITIONS OF SAID SERIES 1998 CERTIFICATES;
DESIGNATING THE DATE, DENOMINATION AND PLACE OF PAYMENT OF SAID
SERIES 1998 CERTIFICATES; PROVIDING FOR THE PAYMENT THEREOF, AWARDING
SUCH SERIES 1998 CERTIFICATES TO THE PURCHASER THEREOF; AND PROVIDING
FOR OTHER MATTERS IN CONNECTION WITH THE FOREGOING.
WHEREAS, the general fund budget for the City of Shreveport, State of Louisiana (the "Issuer" or the "City") for the Fiscal Year (hereinafter defined) beginning January 1, 1998 and ending December 31, 1998 (which is the Fiscal Year in which the Series 1998 Certificates herein authorized will become outstanding), shows amounts budgeted for the payments required in Fiscal Year 1998 under the Agreement dated December 16, 1982, as amended to the date hereof (the "Police Pension Agreement") between the Municipal Police Employees Retirement System ("MPERS") and the Issuer, pursuant to which the Issuer incurred a debt obligation bearing interest at the rate of up to 7% per annum (the "Police Obligations"), and the Agreement dated January 1, 1983, as amended to the date hereof (the "Firefighters' Pension Agreement") between the Firefighters' Retirement System ("FRS") and the Issuer, pursuant to which the Issuer incurred debt obligations bearing interest at the rate of up to 7% per annum (the "Firefighters' Obligations" and together with the Police Obligations, the "Prior Obligations"); and
WHEREAS, the City desires to finance the acquisition of garbage trucks, residential containers and other vehicles through the issuance of its certificates of indebtedness pursuant to Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended (R.S. 33:2921-2925) (the "Act"); and
WHEREAS, said general fund budget for the Fiscal Year 1998 shows an ending balance and/or estimated excess of revenues over statutory, necessary and usual charges and all other expenses in such Fiscal Year (taking into account as excess the funds already budgeted for the payment of the indebtedness authorized hereby and being refunded) of $9,451,686; and
WHEREAS, the ending fund balance and/or aforesaid excess of revenues over expenditures
(taking into account as excess the funds already budgeted for the payment of the indebtedness
authorized hereby and being refunded) are sufficient to meet the maximum principal and interest
requirements in any future Fiscal Year on the indebtedness herein authorized and this Council
will herein obligate itself and its successors in office to budget and set aside annually adequate
funds for the payment of the Series 1998 Certificates authorized herein in principal and interest
in all future years in which the Series 1998 Certificates are outstanding; and
WHEREAS, the Issuer proposes to issue the Series 1998A Certificates and the Series 1998B
Certificates in order to refund the Issuer's Police Obligations and the Firefighters' Obligations
incurred under the Police Pension Agreement and the Firefighters' Pension Agreement, as
described herein; and
WHEREAS, the Issuer proposes to issue the Series 1998C Certificates in order to finance the
cost of acquiring garbage trucks, residential containers and other vehicles, and to pay the costs
associated therewith; and
WHEREAS, Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended
(the "Refunding Act"), authorizes the Issuer to issue securities to refund written obligations of
the Issuer for the purpose of refunding, readjusting, restructuring, refinancing, extending or
unifying the whole or any part of its outstanding securities and to pay all costs associated
therewith; and
WHEREAS, pursuant to and in accordance with the foregoing, the Issuer now desires to issue its
(a) $30,270,000 of Refunding Certificates of Indebtedness, Series 1998A, for the purpose of
refunding the Police Obligations and a portion of the Firefighters' Obligations, and paying the
costs of issuance of the Series 1998A Certificates; (b) $21,810,000 of Taxable Refunding
Certificates of Indebtedness, Series 1998B, for the purpose of refunding the Firefighter
Obligations incurred in 1987, and paying the costs of issuance of the Series 1998B Certificates,
in the manner authorized and provided by the aforesaid Refunding Act, and (c) $7,500,000 of
Certificates of Indebtedness, Series 1998C, for the purpose of financing the costs of acquiring
garbage trucks, residential containers and other vehicles, and paying the costs of issuance of the
Series 1998C Certificates, in the manner authorized and provided by the Act, as hereinafter
provided in this Resolution; and
WHEREAS, the Issuer is not now a party to any contract pledging or dedicating its excess annual
revenues above statutory, necessary and usual charges; it being understood that the Issuer is,
simultaneously herewith, depositing moneys under the hereafter defined Escrow Agreement in
order to defease the Issuer's following outstanding certificates: (i) Certificates of Indebtedness,
Series 1993 dated August 24, 1993 issued in the aggregate principal amount of $755,000 (of
which $165,000 is currently outstanding), (ii) Certificates of Indebtedness, Series 1993B dated
November 22, 1993 issued in the aggregate principal amount of $970,000 (of which $215,000 is
currently outstanding), (iii) Certificates of Indebtedness, Series 1994 dated September 1, 1994
issued in the aggregate principal amount of $7,000,000 (of which $1,880,000 is currently
outstanding); and (iv) Certificates of Indebtedness, Series 1995 dated July 25, 1995 issued in the
aggregate principal amount of $430,000 (of which $150,000 is currently outstanding), which are
all due and payable on September 1, 1998; and
WHEREAS, the City granted preliminary approval of the issuance and sale of the Series 1998A
Certificates and the Series 1998B Certificates by resolution adopted by the Council on March 10,
1998; and
WHEREAS, the City granted preliminary approval of the issuance and sale of the Series 1998C
Certificates by resolution adopted by the Council on April 14, 1998; and
WHEREAS, the Issuer has determined that it is in the best economic interest of the City to obtain
credit enhancement with respect to the Series 1998 Certificates and, accordingly, regularly
scheduled payments of principal of and interest on the Series 1998 Certificates when due will be
insured by a financial guaranty insurance policy to be issued by Ambac Assurance Corporation,
an insurer rated in the highest rating categories; and
WHEREAS, it is the desire of this Council to provide for the definitive authorization, issuance
and sale of the Series 1998 Certificates in the principal amounts herein, to fix the details
necessary with respect to the issuance of the Series 1998 Certificates, to award the Series 1998
Certificates to the purchaser thereof and to provide for other matters in connection therewith;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority of said City, that:
ARTICLE I
DEFINITIONS
SECTION 1.1. Definitions. Unless the context shall clearly indicate some other meaning, the
following terms, for the purposes of this Resolution, or any resolution or other instrument
amendatory hereof or supplemental hereto, and for all purposes of any certificate, opinion,
instrument or any document therein or herein mentioned, shall have the following meanings, with
the following definitions to be equally applicable to both the singular and plural forms of such
terms and vice versa:
"Act" means Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of
1950, as amended and supplemented.
"Agreements" means the Firefighters' Pension Agreement and the Police Pension Agreement.
"Certificates" means the Series 1998A Certificates, the Series 1998B Certificates and the Series
1998C Certificates authorized to be issued by this Resolution, whether initially delivered or
issued in exchange for, upon transfer of, or in lieu of any certificate previously issued.
"Certificate Register" means the records kept by the Paying Agent at its principal corporate
trust office in which registration of the Series 1998 Certificates and transfers of the Series 1998
Certificates shall be made as provided herein.
"City" means the City of Shreveport, State of Louisiana.
"Council" means the Council of the City, the governing authority of the Issuer.
"Code" means the Internal Revenue Code of 1986, as amended.
"Costs of Issuance" means all items of expense, directly or indirectly payable or reimbursable
and related to the authorization, sale and issuance of the Series 1998 Certificates, including, but
not limited to, printing costs, cost of preparation and reproduction of documents, filing and
recording fees, initial fees and charges of any fiduciary, legal fees and charges, fees and charges
for the preparation and distribution of a preliminary official statement and official statement, if
paid by the Issuer, fees and disbursements of consultants and professionals, including financial
advisors, costs of credit ratings, fees and charges for preparation, execution, transportation and
safekeeping of the Series 1998 Certificates, costs and expenses of refunding, premiums for the
insurance of the payment of the Series 1998 Certificates, if any, and any other cost, charge or fee
paid or payable by the Issuer in connection with the original issuance of the Series 1998
Certificates.
"Escrow Agreement" means the Escrow Deposit Agreement dated as of May 12, 1998 by the
Issuer with respect to the defeasance of the Prior Certificates.
"Executive Officers" means, collectively, the Mayor of the City, the Director of Finance and/or
the Clerk of the Council of the City.
"Firefighters' Pension Agreement" means the Agreement dated January 1, 1983, between the
Issuer and FRS, as amended to the date hereof, including, in particular, the Amendment dated
January 1, 1987, pursuant to the terms of which the Issuer is obligated to make certain payments
thereunder to FRS resulting from the merger of the Firemen's Pension and Relief Fund of the
City of Shreveport into FRS.
"Fiscal Year" means the one-year accounting period ending December 31 of each year, or such
other period as may be designated by the Council as the fiscal year of the Issuer.
"FRS" means the Firefighters' Retirement System.
"Government Securities" means direct obligations, of, or obligations the principal of and
interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity and which may be United States Treasury obligations such as the
State and Local Government Series and may be in book-entry form.
"Insurance Policy" means the municipal bond insurance policy issued by the Insurer insuring
the payment when due of the principal of and interest on the Series 1998 Certificates as provided
therein.
"Insurer" means Ambac Assurance Corporation, a Wisconsin-domiciled stock insurance
company.
"Interest Payment Date" means, in the case of the Series 1998A Certificates, the Series 1998B
Certificates and the Series 1998C Certificates, April 1 and October 1 of each year, commencing
October 1, 1998.
"Issuer" means the City of Shreveport, State of Louisiana.
"MPERS" means the Municipal Police Employees Retirement System.
"Outstanding", when used with respect to Certificates, means as of the date of determination all
Certificates theretofore issued and delivered under this Resolution, except:
(1) Certificates theretofore cancelled by the Paying Agency or delivered to the Paying Agent for cancellation;
(2) Certificates for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Certificates, provided that if such Certificates are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
(3) Certificates in exchange for or in lieu of which other Certificates have been registered and delivered pursuant to this Resolution;
(4) Certificates alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
(5) Certificates for the payment of the principal of (or redemption price, if any) and interest on
which money or Government Securities or both are held in trust pursuant to Section 14.1 of this
Resolution.
"Owner" or "Owners", when used with respect to any Certificate, means the Person in whose
name such Certificate is registered in the Certificate Register.
"Participant" means any broker-dealer, bank and other financial institution from time to time
for which DTC holds Certificates as securities depository.
"Paying Agent" means Bank One, Louisiana, N.A., unless a successor Paying Agent shall have
been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying
Agent" shall mean such successor Paying Agent.
"Paying Agent Agreement" means the agreement to be entered into between the Issuer and the
Paying Agent pursuant to this Resolution.
"Person" means any individual, corporation, partnership, joint venture, association, joint-stock
company, trust, unincorporated organization or government or any agency or political
subdivision thereof.
"Police Pension Agreement" means the Agreement dated December 16, 1982, between the
Issuer and MPERS, as amended to the date hereof, pursuant to the terms of which the Issuer is
obligated to make certain payments thereunder to MPERS resulting from the merger of the Police
Pension and Relief Fund of the City of Shreveport into MPERS.
"Prior Certificates" means the Issuer's outstanding (i) Certificates of Indebtedness, Series 1993
dated August 24, 1993 issued in the aggregate principal amount of $755,000 (of which $165,000
is currently outstanding), (ii) Certificates of Indebtedness, Series 1993B dated November 22,
1993 issued in the aggregate principal amount of $970,000 (of which $215,000 is currently
outstanding), (iii) Certificates of Indebtedness, Series 1994 dated September 1, 1994 issued in the
aggregate principal amount of $7,000,000 (of which $1,880,000 is currently outstanding); and
(iv) Certificates of Indebtedness, Series 1995 dated July 25, 1995 issued in the aggregate
principal amount of $430,000 (of which $150,000 is currently outstanding), which are all due and
payable on September 1, 1998.
"Prior Obligations" means the contractual indebtedness of the issuer under the Agreements.
"Purchase Agreement" means the Purchase Agreement dated May 12, 1998, between the Issuer
and the Underwriter comprising the offer to purchase the Certificates by the Underwriter,
attached hereto as Exhibit B.
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar
day of the month next preceding such Interest Payment Date.
"Resolution" means this Resolution adopted by the Issuer authorizing the issuance of the Series
1998 Certificates.
"Refunding Act" means Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as
amended.
"Series 1998 Certificates" means, collectively, the Series 1998A Certificates, the Series 1998B
Certificates and the Series 1998C Certificates.
"Series 1998A Certificates" means $30,270,000 original principal amount of City of
Shreveport, State of Louisiana Refunding Certificates of Indebtedness, Series 1998A, issued
pursuant to this Resolution.
"Series 1998B Certificates" means $21,810,000 original principal amount of City of
Shreveport, State of Louisiana Taxable Refunding Certificates of Indebtedness, Series 1998B,
issued pursuant to this Resolution.
"Series 1998C Certificates" means $7,500,000 original principal amount of City of Shreveport,
State of Louisiana Certificates of Indebtedness, Series 1998C, issued pursuant to this Resolution.
"Supplemental Resolution" means any resolution adopted by the Council supplementing,
modifying or revising the provisions of this Resolution.
"Underwriter" means Stephens, Inc.
ARTICLE II
AUTHORIZATION AND ISSUANCE
SECTION 2.1. Authorization. In compliance with the Refunding Act, and other constitutional and statutory authority, there is hereby authorized the issuance of the Issuer's following described certificates of indebtedness of the Issuer for the purposes indicated:
(a) $30,270,000 of Refunding Certificates of Indebtedness, Series 1998A, for the purpose of refunding the Police Obligations and a portion of the Firefighters' Obligations, and paying the costs of issuance of the Series 1998A Certificates; and
(b) $21,810,000 of Taxable Refunding Certificates of Indebtedness, Series 1998B, for the purpose of refunding the Firefighters' Obligations incurred in 1987, and paying the costs of issuance of the Series 1998B Certificates.
In compliance with the Act, and other constitutional and statutory authority, there is hereby authorized the issuance of the Issuer's $7,500,000 of Certificates of Indebtedness, Series 1998C, for the purpose of financing the costs of acquiring garbage trucks, residential containers and other vehicles, and paying the costs of issuance of the Series 1998C Certificates.
SECTION 2.2. Form, Date, Denomination. The Series 1998 Certificates shall be in fully registered form, substantially in the form set forth as Exhibit A hereto, with such necessary or appropriate variations, omissions and insertions as are required or permitted by the Refunding Act or the Act, as applicable, and this Resolution. The Series 1998 Certificates shall be dated June 1, 1998, and shall be issued in the denomination of Five Thousand Dollars ($5,000) or any integral multiple thereof within a single maturity. The Series 1998A Certificates shall be numbered from AR-l upwards, the Series 1998B Certificates shall be numbered from BR-l upwards, and the Series 1998C Certificates shall be numbered from CR-1 upwards.
SECTION 2.3. Maturities and Interest Rates. The Series 1998 Certificates shall mature in annual installments and bear interest as follows:
Series 1998A Certificates
Date Principal Interest
(October 1) Payment Rate
2006 $ 760,000 4.65%
2007 3,445,000 5.00%
2008 3,620,000 5.00%
2009 3,800,000 5.25%
2010 4,000,000 5.25%
2012 8,650,000 5.50%
2016 5,995,000 5.00%
Series 1998B Certificates
Date Principal Interest
(October 1) Payment Rate
1998 $1,365,000 5.790%
1999 2,130,000 5.97%
2000 2,260,000 6.05%
2001 2,395,000 6.16%
2002 2,545,000 6.23%
2003 2,700,000 6.27%
2004 2,870,000 6.35%
2005 3,055,000 6.41%
2006 2,490,000 6.48%
Series 1998C Certificates
Date Principal Interest
(October 1) Payment Rate
1999 $1,380,000 3.90%
2000 1,435,000 4.10%
2001 1,495,000 4.20%
2002 1,560,000 4.30%
2003 1,630,000 4.40%
SECTION 2.4. Payment of Principal and Interest. Interest on the Series 1998A Certificates, Series 1998B Certificates and Series 1998C Certificates shall be payable on April 1 and October 1 of each year and principal on such Series 1998A Certificates, Series 1998B Certificates and Series 1998C Certificates shall be payable on October 1 of each year.
The principal, premium, if any, and interest on the Series 1998 Certificates are payable in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts. Principal and premium, if any, of the Series 1998 Certificates upon maturity or redemption shall be paid only upon presentation and surrender thereof at the principal corporate trust office of the Paying Agent. Interest on the Series 1998 Certificates is payable by check mailed on or before the Interest Payment Date by the Paying Agent to the Owner thereof (determined as of the close of business on the Record Date) at the address of such Owner as it appears on the registration books of the Paying Agent maintained for such purpose, provided that the owners of $1,000,000 or more in aggregate principal amount of the Series 1998A Certificates or the Series 1998B Certificates may request payment by wire transfer if such Owners have requested such payment in writing to the Paying Agent, which request shall be made no later than the Record Date and shall include all relevant bank account information and shall otherwise be acceptable to the Paying Agent.
Except as otherwise provided in this Section, Series 1998 Certificates shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, as the case may be, provided, however, that if and to the extent that the Issuer shall default in the payment of the interest on any Series 1998 Certificates due on any Interest Payment Date, then all such Series 1998 Certificates shall bear interest from the most recent Interest Payment Date to which interest has been paid on the Series 1998 Certificates, or if no interest has been paid on the Series 1998 Certificates, from their dated date.
The person in whose name any Series 1998 Certificate is registered at the close of business on the Record Date with respect to an Interest Payment Date shall in all cases be entitled to receive the interest payable on such Interest Payment Date notwithstanding the cancellation of such Series 1998 Certificate upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Interest Payment Date.
SECTION 2.5. Registration and Transfer. The Issuer shall cause a Certificate Register to be kept by the Paying Agent. No Certificate shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of registration on such Certificate substantially in the form set forth in Exhibit A hereto shall have been duly executed by manual signature on behalf of the Paying Agent by a duly authorized signatory, and such duly executed certificate of the Paying Agent upon any such Certificate shall be conclusive evidence that such Certificate has been executed, registered and delivered under this Resolution. Each Certificate shall be transferable only upon the Certificate Register at the principal corporate trust office of the Paying Agent at the written request of the Owner thereof or his legal representative duly authorized in writing upon surrender thereof, together with a written instrument of transfer satisfactory to the Paying Agent duly executed by the Owner or his legal representative duly authorized in writing. Upon the transfer of any such Certificate, the Paying Agent shall issue in the name of the transferee, in authorized denominations, one or more Certificates of the same aggregate principal amount and series as the surrendered Certificates. Neither the Issuer not the Paying Agent shall be required to issue, register, transfer or exchange any Certificate (i) during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date applicable to the particular series of Certificates, or (ii) with respect to Certificates to be redeemed, at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Certificates and ending on the date of such redemption.
SECTION 2.6. Execution of Series 1998 Certificates. The Series 1998 Certificates shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 2.7. Forms of Series 1998 Certificate. The Series 1998A Certificates, the Series 1998B Certificates and the Series 1998C Certificates, and the endorsements to appear thereon shall be in substantially the forms set forth in Exhibits A-1, A-2 and A-3, respectively.
SECTION 2.8. Book Entry Form. (1) Each Series 1998 Certificate shall be initially issued in the form of a separate single certified fully registered certificate for each of the maturities set forth in Section 2.3 hereof for each series, each in the aggregate principal amount of such maturity. Upon initial issuance, the ownership of each Series 1998 Certificate shall be registered in the registration books kept by the Paying Agent in the name of CEDE & CO., as nominee of The Depository Trust Company ("DTC"), the securities depository for the Series 1998 Certificates. Except as provided in subsection (3) of this Section, all of the outstanding Series 1998 Certificates shall be registered in the registration books kept by the Paying Agent in the name of CEDE & CO., as nominee of DTC.
(2) With respect to Series 1998 Certificates registered in the registration books kept by the Paying Agent in the name of CEDE & CO., as nominee of DTC, the Issuer and the Paying Agent shall have no responsibility or obligation to any Participant or to any person on behalf of which a Participant holds an interest in the Series 1998 Certificates. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, CEDE & CO. or any Participant with respect to any ownership interest in the Series 1998 Certificates, (ii) the delivery to any Participant or any other person, other than a holder, as shown in the registration books kept by the Paying Agent, of any notice with respect to the Series 1998 Certificates, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a holder, as shown in the registration books kept by the Paying Agent, of any amount with respect to principal of, premium, if any, or interest on the Series 1998 Certificates. The Issuer and the Paying Agent may treat and consider the person in whose name each Series 1998 Certificate is registered in the registration books kept by the Paying Agent as the holder and absolute owner of such Series 1998 Certificate for the purpose of payment of principal, premium, if any, and interest with respect to such Series 1998 Certificate, for the purpose of giving notices of redemption and other matters with respect to such Series 1998 Certificate, for the purpose of registering transfers with respect to such Series 1998 Certificate, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, premium, if any, and interest on the Series 1998 Certificates only to or upon the order of the respective holders of the Series 1998 Certificates, as shown on the registration books kept by the Paying Agent, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, premium, if any, and interest on the Series 1998 Certificates to the extent of the sum or sums so paid. No person other than a holder as shown on the registration books kept by the Paying Agent shall receive a certified Series 1998 Certificate evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest pursuant to the Resolution. Upon delivery by DTC to the Paying Agent of written notice to the effect that DTC has determined to substitute a new nominee in place of CEDE & CO., and subject to the provisions herein with respect to record dates, the word "CEDE & CO." in this Resolution shall refer to such new nominee of DTC.
(3) (i) DTC may determine to discontinue providing its services with respect to the Series 1998 Certificates at any time by giving notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law.
(ii) The Issuer, in its sole discretion and without the consent of any other person, may terminate the services of DTC with respect to the Series 1998 Certificates if the Issuer determines that: (A) DTC is unable to discharge its responsibilities with respect to the Series 1998 Certificates, or (B) a continuation of the requirement that all of the outstanding Series 1998 Certificates be registered on the registration books kept by the Paying Agent in the name of CEDE & CO., or any other nominee of DTC, is not in the best interest of the beneficial owners of the Series 1998 Certificates.
(iii) Upon the termination of the services of DTC with respect to the Series 1998 Certificates pursuant to subsection (3)(ii)(B) of this Section, or upon the discontinuance or termination of the services of DTC with respect to the Series 1998 Certificates pursuant to either subsection (3)(i) or (3)(ii)(A) above, after which no substitute securities depository willing to undertake the functions of DTC hereunder can be found which, in the opinion of the Issuer is willing and able to undertake such functions upon reasonable and customary terms, the Issuer is obligated to deliver Series 1998 Certificates to the Owner, at the expense of the said Owner as described in this Resolution, and the Series 1998 Certificates shall no longer be restricted to being registered in the registration books kept by the Paying Agent in the name of CEDE & CO., as nominee of DTC, but may be registered in whatever name or names holders transferring or exchanging Series 1998 Certificates shall designate in accordance with the provisions of this Resolution.
Notwithstanding any other provision of this Resolution to the contrary, so long as any Series
1998 Certificate is registered in the name of CEDE & CO., as nominee of DTC, all payments
with respect to principal of, premium, if any, and interest on such Series 1998 Certificate and all
notices with respect to such Series 1998 Certificate shall be made and given, respectively, in the
manner provided in the Blanket Letter of Representations of the Issuer dated December 23, 1997
and delivered to DTC.
ARTICLE III
SECURITY FOR CERTIFICATES
SECTION 3.1. Pledge and Dedication of Revenues. The Certificates, equally and on a parity with each other regardless of series, shall be secured by and payable solely from a pledge and dedication of the excess of annual revenue of the Issuer above statutory, necessary and usual charges in each of the Fiscal Years during which the Certificates are outstanding. There is hereby irrevocably pledged and dedicated to the payment of the Certificates an amount of such excess of annual revenues sufficient to pay same in principal and interest as they respectively mature. Until the Certificates shall have been paid in full in principal and interest, the Governing Authority does hereby obligate the Issuer, itself and its successors in office, to budget annually a sum of money sufficient to pay the Certificates and the interest thereon as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to levy and collect in each year taxes and to collect other revenues within the limits prescribed by law, sufficient to pay the principal of and interest on the Certificates, after payment in such years of all the said statutory, necessary and usual charges of the Issuer for the then current year.
SECTION 3.2. Parity Certificates. The Issuer shall issue no other certificates or obligations of any kind or nature payable from or enjoying a lien on the excess of annual revenues having priority over or parity with the Series 1998 Certificates, except that additional certificates may hereafter be issued on a parity with the Series 1998 Certificates under the following conditions:
9. The Series 1998 Certificates herein authorized or any part thereof, including the interest
thereon, may be refunded, and the refunding certificates so issued shall enjoy complete equality
of lien with the portion of the Series 1998 Certificates which is not refunded, if there be any, and
the refunding certificates shall continue to enjoy whatever priority of lien over subsequent issues
may have been enjoyed by the Series 1998 Certificates refunded; provided, however, that if only
a portion of the Series 1998 Certificates outstanding is so refunded and the refunding certificates
require total principal and interest payments during any year in excess of the principal and
interest which would have been required in such year to pay the Series 1998 Certificates refunded
thereby, then such Series 1998 Certificates may not be refunded without the consent of the
Owners of the unrefunded portion of the Series 1998 Certificates issued hereunder (provided
such consent shall not be required if such refunding certificates meet the requirements set forth in
clause 2 of this Section).
10. Additional certificates of indebtedness may be issued on and enjoy a full and complete parity
with the Series 1998 Certificates with respect to the excess of annual revenues, provided that the
anticipated excess of annual revenues in the year in which the additional certificates of
indebtedness are to be issued, as reflected in the budget adopted by the Issuer, must be at least
1.2 times the combined principal and interest requirements for any calendar year on the Series
1998 Certificates and the said additional certificates of indebtedness.
11. Junior and subordinate certificates of indebtedness may be issued without restriction.
12. The Issuer must be in full compliance with all covenants and undertakings in connection with
the Series 1998 Certificates and there must be no delinquencies in payments required to be made
in connection therewith.
13. The additional certificates must be payable as to principal commencing not more than 2 years
from the date thereof, and payable as to interest on a semiannual basis of each year.
ARTICLE IV
APPLICATION OF SERIES 1998 CERTIFICATE PROCEEDS
SECTION 4.1. Application of Series 1998 Certificate Proceeds. As a condition of the issuance of the Series 1998 Certificates, the Issuer hereby binds and obligates itself to:
(a) Deposit irrevocably in trust with the Issuer in an Expense Fund to be created by the Issuer such amount of the proceeds of Series 1998 Certificates as will enable the Issuer to pay the Costs of Issuance of the Series 1998 Certificates.
(b) Deposit irrevocably in trust with the Issuer an amount of the proceeds derived from the issuance and sale of the Series 1998A Certificates and the Series 1998B Certificates (exclusive of accrued interest) so as to enable the Issuer to pay in full the Prior Obligations to MPERS and FRS on the date of issuance of the Certificates. Such amounts shall not be invested.
(c) Deposit accrued interest received on the delivery date of the Series 1998 Certificates into the Sinking Fund established by Section 5.1 hereof and to apply said funds to pay a portion of the interest due on the Series 1998 Certificates on the first Interest Payment Date therefor. Accrued interest, if any, received upon delivery of Series 1998 Certificates shall be invested only in Government Securities maturing on or prior to the first Interest Payment Date.
(d) The proceeds of the Series 1998C Certificates, except accrued interest and amounts needed to
pay Costs of Issuance of the Series 1998C Certificates, shall be deposited by the Issuer with its
fiscal agent bank or banks to be used only for the purpose for which the Series 1998C
Certificates are issued.
ARTICLE V
SINKING FUND
SECTION 5.1. Sinking Fund. For the payment of the principal of and the interest on the Series 1998 Certificates, there is hereby created a special fund to be known as "Certificates of Indebtedness (1998) Sinking Fund", said Sinking Fund to be established and maintained with the Paying Agent. The Issuer shall deposit in the Sinking Fund not less than five (5) business days prior to the end of each month preceding the applicable interest and principal payment date, (i) a sum equal to the interest falling due on the Series 1998A Certificates, the Series 1998B Certificates and the Series 1998C Certificates on the next Interest Payment Date, and (ii) a sum equal to the principal falling due on the Series 1998A Certificates, the Series 1998B Certificates and the Series 1998C Certificates on the next principal payment date, and subject to reduction by any surplus amount, including any amounts constituting capitalized or accrued interest, contained in said Sinking Fund.
It shall be specifically understood and agreed, however, and this provision shall be a part of this contract, that after the funds have actually been set aside out of the revenues of any Fiscal Year sufficient to pay the principal and interest on the Series 1998 Certificates herein authorized for that Fiscal Year, and all required amounts have been deposited in the aforesaid Sinking Fund established by this Resolution, then any excess of annual revenues remaining in that Fiscal Year shall be free for expenditure by the Issuer for any other lawful corporate purpose.
All moneys deposited with the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the owners of the Series 1998 Certificates, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be
invested in accordance with the provisions of the laws of the State or Louisiana, in which event
all income derived from such investments shall be added to the general fund of the Issuer.
ARTICLE VI
REDEMPTION PROVISIONS
SECTION 6.1. Redemption Provisions of the Series 1998A Certificates. (a) The Series 1998A
Certificates maturing October 1, 2012 and October 1, 2016 are subject to optional redemption
prior to maturity at the option of the Issuer on or after October 1, 2009, as a whole or in part at
any time, the maturities of said Series 1998A Certificates to be redeemed to be designated by the
Issuer and selected within a maturity by the Paying Agent in such manner as the Paying Agent
may determine, at the following redemption prices (expressed as percentages of the principal
amount to be redeemed) plus accrued interest to the redemption date:
Redemption Period Optional
(dates inclusive) Redemption Price
October 1, 2009 through September 30, 2010 102%
October 1, 2010 through September 30, 2011 101%
October 1, 2011 and thereafter 100%
In the event a Series 1998A Certificate is of a denomination larger than $5,000, a portion of such Series 1998A Certificate ($5,000 or any integral multiple thereof) may be redeemed. Official notice of such call of any of the Series 1998A Certificates for redemption will be given by first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the registered owner of each Series 1998A Certificate to be redeemed at his address as shown on the registration books of the Paying Agent.
(b) The Series 1998A Certificates maturing on October 1, 2012 shall be subject to mandatory sinking fund redemption on October 1 in the years and in the principal amounts set forth below at a redemption price equal to 100% of the principal amount thereof, plus accrued interest thereon:
Year Principal
(October 1) Amount
2011 $4,210,000
2012* 4,440,000
_______________
*Final Maturity
The Series 1998A Certificates maturing on October 1, 2016 shall be subject to mandatory sinking fund redemption on October 1 in the years and in the principal amounts set forth below at a redemption price equal to 100% of the principal amount thereof, plus accrued interest thereon:
Year Principal
(October 1) Amount
2013 $1,390,000
2014 1,460,000
2015 1,535,000
2016* 1,610,000
_______________
*Final Maturity
SECTION 6.2. Redemption Provisions of the Series 1998B Certificates. The Series 1998B Certificates are not subject to redemption prior to maturity.
SECTION 6.3. Redemption Provisions of the Series 1998C Certificates. The Series 1998C
Certificates are not subject to redemption prior to maturity.
ARTICLE VII
BOND INSURANCE
SECTION 7.1. Delivery of the Insurance Policy. The Issuer hereby agrees to cause an Insurance Policy with respect to the Series 1998 Certificates to be delivered at or prior to the delivery of the Series 1998 Certificates to secure the obligations of the Issuer to pay the principal of and interest on the Series 1998 Certificates entitled to the benefits thereof. All amounts paid under said Insurance Policy shall be used solely for regularly scheduled payments of principal of and interest on the Series 1998 Certificates entitled to the benefits of such Insurance Policy.
SECTION 7.2. Items Required to be Furnished to the Insurer. While the Insurance Policy is in effect, the Issuer or the Paying Agent, as appropriate, shall furnish to the Insurer:
(a) in connection with the issuance of any Additional Certificates, a copy of the disclosure document, if any, circulated with respect to such Additional Certificates;
(b) notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto;
(c) copies of all notices required to be delivered to the Owners, the Paying Agent or any other party under this Resolution;
(d) copies, on an annual basis, of the City's audited financial statements and annual budget; and
(e) such additional information as may be reasonably requested by the Insurer.
Copies of any amendments made to the documents executed in connection with the issuance of
the Series 1998 Certificates which are consented to by the Insurer shall also be sent to Standard
& Poor's. The Issuer shall notify the Insurer of any failure by the Issuer to provide relevant
notices, certificates, etc.
The Issuer will permit the Insurer to discuss the affairs, finances and accounts of the Issuer or any information the Insurer may reasonably request regarding the security of the Series 1998 Certificates with appropriate officers of the Issuer. The Paying Agent or the Issuer will permit the Insurer to have access to and to make copies of all books and records relating to the Series 1998 Certificates at any reasonable time.
The Insurer shall have the right to direct an accounting at the Issuer's expense, and the Issuer's failure to comply with such direction within thirty (30) days after receipt of written notice of the direction from the Insurer shall be deemed a default hereunder; provided, however, that if compliance cannot occur within such period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any registered owner of the Series 1998 Certificates.
Notwithstanding any other provision of this Resolution, the Paying Agent shall immediately notify the Insurer if at any time there are insufficient moneys to make any payments of principal and/or interest as required and immediately upon the occurrence of any Event of Default hereunder.
SECTION 7.3. Payment Procedures. As long as the Insurance Policy shall be in full force and effect, the Issuer and the Paying Agent agree to comply with the following provisions:
(a) At least one (1) day prior to all Interest Payment Dates, the Paying Agent will determine whether there will be sufficient funds in the Funds and Accounts to pay the principal of or interest on the Series 1998 Certificates on such Interest Payment Date. If the Paying Agent determines that there will be insufficient funds in such Funds and Accounts, the Paying Agent shall so notify the Insurer. Such notice shall specify the amount of the anticipated deficiency, the Series 1998 Certificates to which such deficiency is applicable and whether such Series 1998 Certificates will be deficient as to principal or interest, or both. If the Paying Agent has not so notified the Insurer at least one (1) day prior to an Interest Payment Date, the Insurer will make payments of principal or interest due on the Series 1998 Certificates on or before the first (1st) day next following the date on which the Insurer shall have received notice of nonpayment from the Paying Agent.
(b) The Paying Agent shall, after giving notice to the Insurer as provided in (a) above, make available to the Insurer and, at the Insurer's direction, to the United States Trust Company of New York, as insurance trustee for the Insurer or any successor insurance trustee (the "Insurance Trustee"), the registration books of the Issuer maintained by the Paying Agent and all records relating to the Funds and Accounts maintained under this Resolution.
(c) The Paying Agent shall provide the Insurer and the Insurance Trustee with a list of registered owners of Series 1998 Certificates entitled to receive principal or interest payments from the Insurer under the terms of the Insurance Policy, and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of Series 1998 Certificates entitled to receive full or partial interest payments from the Insurer and (ii) to pay principal upon Series 1998 Certificates surrendered to the Insurance Trustee by the registered owners of Series 1998 Certificates entitled to receive full or partial principal payments from the Insurer.
(d) The Paying Agent shall, at the time it provides notice to the Insurer pursuant to (a) above, notify registered owners of Series 1998 Certificates entitled to receive the payment of principal or interest thereon from the Insurer (i) as to the fact of such entitlement, (ii) that the Insurer will remit to them all or a part of the interest payments next coming due upon proof of Bondholder entitlement to interest payments and delivery to the Insurance Trustee, in form satisfactory to the Insurance Trustee, of an appropriate assignment of the registered owner's right to payment, (iii) that should they be entitled to receive full payment of principal from the Insurer, they must surrender their Series 1998 Certificates (along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee to permit ownership of such Series 1998 Certificates to be registered in the name of the Insurer) for payment to the Insurance Trustee, and not the Paying Agent and (iv) that should they be entitled to receive partial payment of principal from the Insurer, they must surrender their Series 1998 Certificates for payment thereon first to the Paying Agent who shall note on such Series 1998 Certificates the portion of the principal paid by the Paying Agent and then, along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then pay the unpaid portion of principal.
(e) In the event that the Paying Agent has notice that any payment of or interest on a Series 1998 Certificate which has become due for payment and which is made to a Bondholder by or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time the Insurer is notified pursuant to (a) above, notify all registered owners that in the event that any registered owner's payment is so recovered, such registered owner will be entitled to payment from the Insurer to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to the Insurer its records evidencing the payments of principal of and interest on the Series 1998 Certificates which have been made by the Paying Agent and subsequently recovered from registered owners and the dates on which such payments were made.
(f) In addition to those rights granted the Insurer under this Resolution, the Insurer shall, to the
extent it makes payment of principal of or interest on the Series 1998 Certificates, become
subrogated to the rights of the recipients of such payments in accordance with the terms of the
Insurance Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for
past due interest, the Paying Agent shall note the Insurer's rights as subrogee on the registration
books of the Issuer maintained by the Paying Agent upon receipt from the Insurer of proof of the
payment of interest thereon to the registered owners of the Series 1998 Certificates, and (ii) in the
case of subrogation as to claims for past due principal, the Paying Agent shall note the Insurer's
rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon
surrender of the Series 1998 Certificates by the registered owners thereof together with proof of
the payment of principal thereof.
ARTICLE VIII
SUPPLEMENTAL RESOLUTIONS
SECTION 8.1. Supplemental Resolutions Effective Without Consent of Owners. For any one or more of the following purposes and at any time from time to time, a resolution supplemental hereto may be adopted, with the consent of the Insurer, which, upon the filing with the Paying Agent of a certified copy thereof, but without any consent of Owners, shall be fully effective in accordance with its terms:
(a) to add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements to be observed by the Issuer which are not contrary to or inconsistent with this Resolution as theretofore in effect;
(b) to add to the limitations and restrictions in this Resolution other limitations and restrictions to be observed by the Issuer which are not contrary to or inconsistent with this Resolution as theretofore in effect;
(c) to surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of this Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants and agreements of the Issuer contained in this Resolution;
(d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision of this Resolution; or
(e) to insert such provisions clarifying matters or questions arising under this Resolution as are necessary or desirable and are not contrary to or inconsistent with this Resolution as theretofore in effect.
SECTION 8.2. Supplemental Resolutions Effective With Consent of Owners. Except as provided in Section 5.1 above, any modification or amendment of this Resolution or of the rights and obligations of the Issuer and of the Owners of Series 1998 Certificates hereunder, in any particular, may be made by a Supplemental Resolution, with the written consent of the Insurer and the Owners of a majority of the Outstanding Series 1998 Certificates at the time such consent is given. No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Certificate or of any installment of interest thereon or a reduction in the principal amount or redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Certificate, or shall reduce the percentages of Certificates the consent of the Owner of which is required to effect any such modification or amendment, or change the obligation of the Issuer to budget annually a sufficient sum of money to pay the principal of and interest on the Series 1998 Certificates as the same respectively come due and to levy and collect in each year taxes and to collect other revenues within the limits prescribed by law sufficient to pay the principal of and interest on the Series 1998 Certificates after payment in such year of all statutory, necessary and usual charges, without the consent of the Owners of all of Series 1998 Certificates then outstanding, or shall change or modify any of the rights or obligations of the Paying Agent without its written assent thereto. For the purposes of this Section, Certificates shall be deemed to be affected by a modification or amendment of this Resolution if the same adversely affects or diminishes the rights of the Owners of the Series 1998 Certificates.
A Supplemental Resolution, upon the filing with the Paying Agent of a certified copy thereof, shall become fully effective in accordance with its terms.
SECTION 8.3. Insurer's Consent. Any provision of this Resolution expressly recognizing or granting rights in or to the Insurer may not be amended in any manner which affects the rights of the Insurer hereunder without the prior written consent of the Insurer.
Unless otherwise provided, the Insurer's consent shall be required in addition to Bondholder
consent, when required, for the following purposes: (i) execution and delivery of any
supplemental resolution or any amendment, supplement or change to or modification of this
Resolution (ii) removal of the Paying Agent and selection and appointment of any successor
paying agent; and (iii) initiation or approval of any action not described in (i) or (ii) above which
requires Bondholder consent.
ARTICLE IX
TAX COVENANTS
SECTION 9.1. Tax Covenants. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Code in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Series 1998A Certificates or the Series 1998C Certificates under the Code. The Issuer shall not take any action or fail to take any action, nor shall it permit at any time or times any of the proceeds of the Series 1998A Certificates or the Series 1998C Certificates or any other funds of the Issuer to be used directly or indirectly in any manner, to acquire any securities or obligations the acquisition of which would cause any Series 1998A Certificate or the Series 1998C Certificates to be an "arbitrage bond" as defined in the Code or would result in the inclusion of the interest on any Series 1998A Certificate or the Series 1998C Certificates in "gross income" under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of the proceeds of the Series 1998A Certificates or the Series 1998C Certificates, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America, or (iii) the use of the proceeds of the Series 1998A Certificates or the Series 1998C Certificates in a manner which would cause the Series 1998A Certificates or the Series 1998C Certificates to be "private activity bonds" under the Code.
The Executive Officers are hereby empowered, authorized and directed to take any and all action
and to execute and deliver any instrument, document or certificate necessary to effectuate the
purposes of this Section.
ARTICLE X
REMEDIES ON DEFAULT
SECTION 10.1. Events of Default. If one or more of the following events (in this Resolution called "Events of Default") shall happen, that is to say,
(a) if default shall be made in the due and punctual payment of the principal of any Series 1998 Certificate when and as the same shall become due and payable, whether at maturity or otherwise; or
(b) if default shall be made in the due and punctual payment of any installment of interest on any Series 1998 Certificate when and as such interest installment shall become due and payable; or
(c) if default shall be made by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in this Resolution, any Supplemental Resolution or in Series 1998 Certificates contained and such default shall continue for a period of (i) forty-five (45) days with respect to the Series 1998 Certificates, and after written notice thereof to the Issuer by any Owner; or
(d) if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law; then, upon the happening and continuance of any Event of Default the Owners of Series 1998 Certificates shall be entitled to exercise all rights and powers for which provision is made under Louisiana law.
SECTION 10.2. Insurer Covenants. Any reorganization or liquidation plan with respect to the Issuer must be acceptable to the Insurer. In the event of any reorganization or liquidation, the Insurer shall have the right to vote on behalf of all Bondholders who hold Series 1998 Certificates insured by the Insurer absent a default by the Insurer under the Insurance Policy.
Anything in this Resolution to the contrary notwithstanding, upon the occurrence and
continuance of an Event of Default, the Insurer shall be entitled to control and direct the
enforcement of all rights and remedies granted to the Bondholders or the Paying Agent for the
benefit of the Bondholders under this Resolution.
ARTICLE XI
CONCERNING FIDUCIARIES
SECTION 11.2. Paying Agent; Appointment and Acceptance of Duties. The Issuer will at all
times maintain a Paying Agent having the necessary qualifications for the performance of the
duties described in this Resolution. The designation of Bank One, Louisiana, N.A. as the initial
Paying Agent is hereby confirmed and approved. The Paying Agent shall signify its acceptance
of the duties and obligations imposed on it by this Resolution by executing and delivering to the
Executive Officers a written acceptance thereof. The City Council reserves the right to appoint a
successor Paying Agent by (a) filing with the Person then performing such function a certified
copy of a resolution giving notice of the termination of the agreement and appointing a successor
and (b) causing notice to be given to each Owner. Furthermore, the Paying Agent may be
removed by the Issuer at any time for any breach of its duties set forth herein, affective upon
appointment of a successor Paying Agent as set forth above. Every Paying Agent appointed
hereunder shall at all times be a trust company or bank organized and doing business under the
laws of the United States of America or of any State, authorized under such laws to exercise trust
powers, having capital of at least $50,000,000, and subject to supervision or examination by
Federal or State authority. Notwithstanding the foregoing, no successor Paying Agent may be
appointed without the consent of the Insurer, and any appointment shall be effective only upon
acceptance by such successor Paying Agent.
ARTICLE XII
SALE OF SERIES 1998 CERTIFICATES
SECTION 12.1. Sale of Series 1998 Certificates. The Series 1998 Certificates are hereby awarded to and sold to the Underwriter at the price and under the terms and conditions set forth in the Purchase Agreement attached hereto as Exhibit B, and after their execution and authentication by the Paying Agent, the Series 1998 Certificates shall be delivered to the purchaser or its agents or assigns, upon receipt by the Issuer of the agreed purchase price.
SECTION 12.2. Official Statement. The Issuer hereby approves the form and content of the
Preliminary Official Statement dated May 5, 1998, pertaining to the Series 1998 Certificates,
which has been submitted to the Issuer, and hereby ratifies its prior use in connection with the
sale of the Series 1998 Certificates. The Issuer further approves the form and content of the final
Official Statement and hereby authorizes its execution by the Mayor of the City and the Director
of Finance of the City and delivery of such final Official Statement to the Underwriter for use in
connection with the public offering of the Series 1998 Certificates.
ARTICLE XIII
PARTICULAR COVENANTS; ADDITIONAL PROVISIONS
RELATING TO CERTIFICATES
SECTION 13.1. Budget; Audit. As long as any of the Certificates are outstanding and unpaid in principal or interest, the Issuer shall prepare and adopt a budget prior to the beginning of each Fiscal Year and shall furnish a copy of such budget within thirty (30) days after its adoption to the Paying Agent and any Owner requesting same in writing. Not later than six (6) months after the close of each Fiscal Year, the Issuer shall cause an audit of its general fund books and accounts to be made by an independent firm of certified public accountants showing the receipts and disbursements made by the Issuer during the previous Fiscal Year. Such audit shall be furnished to any Owner requesting same in writing.
SECTION 13.2. Certificates Legal Obligations. The Certificates shall constitute legal, binding and valid obligations of the Issuer, and of the Council and its successors in office, and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13.3. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Certificates and any such owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by the Governing Authority or the Issuer as a result of issuing the Certificates.
SECTION 13.4. Recital of Regularity. This Council, having investigated the regularity of the proceedings had in connection with the Certificates herein authorized and having determined the same to be regular, the Certificates shall contain the following recital, to-wit:
"It is certified that this Certificate is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana."
SECTION 13.5. Effect of Registration. The Issuer, the Paying Agent, and any agent of any of them may treat the Owner in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of the principal of and interest on such Certificate and for all other purposes whatsoever, and to the extent permitted by law, neither the City, the Paying Agent, nor any agent of any of them shall be affected by notice to the contrary.
SECTION 13.6. Notices to Owners. Wherever this Resolution provides for notice to Owners of Certificates of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Owner of such Certificates, at the address of such Owner as it appears in the Certificate Register. In any case where notice to Owners of Certificates is given by mail, neither the failure to mail such notice to any particular Owner of Certificates, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 13.7. Cancellation of Certificates. All Certificates surrendered for payment, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already cancelled, shall be promptly cancelled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Certificates previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent. All cancelled Certificates held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 13.8. Mutilated, Destroyed, Lost or Stolen Certificates. If (1) any mutilated
Certificate is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive
evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (2) there is
delivered to the Issuer and the Paying Agent such security or indemnity as may be required by
them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying
Agent that such Certificate has been acquired by a bona fide purchaser, the Issuer shall execute
and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any
such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same maturity and
of like tenor and principal amount, bearing a number not contemporaneously outstanding. In
case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become
due and payable, the Issuer in its discretion may, instead of issuing a new Certificate, pay such
Certificate. Upon the issuance of any new Certificate under this Section, the Issuer may require
the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that
may be imposed in relation thereto and any other expenses (including the fees and expenses of
the Paying Agent connected therewith). Every new Certificate issued pursuant to this Section in
lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the
prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Certificate
shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this
Resolution equally and ratably with all other Outstanding Certificates.
ARTICLE XIV
MISCELLANEOUS
SECTION 14.1. Defeasance. If the Issuer shall pay or cause to be paid to the Owners of all Certificates of any series authorized under this Resolution then outstanding, the principal and interest to become due thereon, at the times and in the manner stipulated therein and in this Resolution, then the covenants, agreements and other obligations of the Issuer to the Owners of the Certificates of said series shall be discharged and satisfied. In such event, the Paying Agent shall, upon the request of the Issuer, execute and deliver to the Issuer all such instruments as may be desirable to evidence such discharge and satisfaction and the Paying Agent shall pay over or deliver to the Issuer all moneys, securities and funds held by them pursuant to this Resolution which are not required for the payment of all of the Certificates not theretofore surrendered for such payment.
Certificates or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Certificates shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the Series 1998 Certificates shall be paid by the Insurer pursuant to the Insurance Policy, the Series 1998 Certificates shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Issuer, and the pledge of the amounts pledged hereunder and all covenants, agreements and other obligations of the Issuer to the registered owners shall continue to exist and shall run to the benefit of the Insurer, and the Insurer shall be subrogated to the rights of such registered owners.
SECTION 14.2. Continuing Disclosure. The Director of Finance of the City is hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix I of the official statement issued in connection with the sale and issuance of Series 1998 Certificates) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 14.3. Evidence of Signatures of Owners and Ownership of Certificates. (a) Any
request, consent, revocation of consent or other instrument which this Resolution may require or
permit to be signed and executed by the Owners may be in one or more instruments of similar
tenor, and shall be signed or executed by such Owners in person or by their attorneys-in-fact
appointed in writing. Proof of (i) the execution of any such instrument, or of an instrument
appointing any such attorney, or (ii) the ownership by any person of Series 1998 Certificates shall
be sufficient for any purpose of this Resolution (except as otherwise therein expressly provided)
if made in the following manner, or in any other manner satisfactory to the Paying Agent, which
may nevertheless in its discretion require further or other proof in cases where it deems the same
desirable:
(1) the fact and date of the execution by any Owner or his attorney-in-fact of such instrument may be proved by the certificate, which need not be acknowledged or verified, of an officer of a bank or trust company or of any notary public or other officer authorized to take acknowledgements of deeds, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority;
(2) the ownership of Certificates and the amount, numbers and other identification, and date of owning the same shall be proved by the registration books of the Paying Agent.
(b) Any request or consent by the Owner of any Certificate shall bind all future Owners of such Certificate in respect of anything done or suffered to be done by the Issuer or the Paying Agent in accordance therewith.
SECTION 14.4. Moneys Held for Particular Certificates. The amounts held by the Paying Agent for the payment due on any date with respect to particular Certificates shall, on and after such date and pending such payment, be set aside on its books and held in trust by it, without liability for interest, for the Owners of Series 1998 Certificates entitled thereto.
SECTION 14.5. Parties Interested Herein. Nothing in this Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Issuer, the Paying Agent, the Escrow Agent and the Owners of Series 1998 Certificates any right, remedy or claim under or by reason of this Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Insurer, the Paying Agent, the Escrow Agent and the Owners of Series 1998 Certificates.
To the extent that this Resolution confers upon or gives or grants to the Insurer any right, remedy or claim under or by reason of this Resolution, the Insurer is hereby explicitly recognized as being a third-party beneficiary hereunder and may enforce any such right remedy or claim conferred, given or granted hereunder.
SECTION 14.6. No Recourse on Series 1998 Certificates. No recourse shall be had for the payment of the principal of or interest on Series 1998 Certificates or for any claim based thereon or on this Resolution against any member of the Governing Authority or officer of the Issuer or any person executing Series 1998 Certificates.
SECTION 14.7. Successors and Assigns. Whenever in this Resolution the Issuer is named or referred to, it shall be deemed to include its successors and assigns and all the covenants and agreements in this Resolution contained by or on behalf of the Issuer shall bind and enure to the benefit of its successors and assigns whether so expressed or not.
SECTION 14.8. Severability. In case any one or more of the provisions of this Resolution or of Series 1998 Certificates issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of Series 1998 Certificates, but this Resolution and Series 1998 Certificates shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date of this Resolution which validates or makes legal any provision of this Resolution or Series 1998 Certificates which would not otherwise be valid or legal shall be deemed to apply to this Resolution and to Series 1998 Certificates.
SECTION 14.9. Publication of Resolution. This Resolution shall be published one time in the official journal of the Issuer; however, it shall not be necessary to publish any exhibits hereto if the same are available for public inspection and such fact is stated in the publication.(1)
SECTION 14.10. Peremption. For thirty days after the date of publication, any person in interest may contest the legality of this Resolution, any provision of Series 1998 Certificates, the provisions therein made for the security and payment of Series 1998 Certificates and the validity of all other provisions and proceedings relating to the authorization and issuance of Series 1998 Certificates. After the said thirty days, no person may contest the regularity, formality, legality or effectiveness of this Resolution, any provisions of Series 1998 Certificates to be issued pursuant hereto, the provisions for the security and payment of Series 1998 Certificates and the validity of all other provisions and proceedings relating to their authorization and issuance, for any cause whatever. Thereafter, it shall be conclusively presumed that Series 1998 Certificates are legal and that every legal requirement for the issuance of Series 1998 Certificates has been complied with. No court shall have authority to inquire into any of these matters after the said thirty days.
SECTION 14.11. Execution of Documents. In connection with the issuance and sale of Series 1998 Certificates, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, including, without limitation, the Escrow Agreement (in substantially the form submitted at this meeting), certificates and instruments as they may deem necessary, upon the advice of bond counsel, to effect the transactions contemplated by this Resolution, the signatures of the Executive Officers on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 14.12. Effective Date. This Resolution shall become effective immediately.(2)
RESOLUTION NO. 78 OF 1998
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE
ENDEAVOR AGREEMENT BETWEEN THE CITY OF SHREVEPORT, THE LAKE
ASSOCIATION FOR SPRING LAKE, INC. AND MOTOR FINANCE COMPANY AND TO
OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the Lake Association for Spring Lake, Inc. is the owner of a private spillway located in Spring Lake Estates, that has failed; and
WHEREAS, Motor Finance Company, is one of the developers of Spring Lake Estates; and
WHEREAS, failure of the Spring Lake spillway poses a threat to the health and safety of the citizens of the City of Shreveport, creating an emergency situation; and
WHEREAS, the City of Shreveport has the power to preserve the public health and welfare of its citizens.
NOW 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 a cooperative endeavor agreement between the City of Shreveport, the Lake Association for Spring Lake, Inc. and Motor Finance Company, substantially in accordance with the draft thereof which was filed for public inspection in the office of the Clerk of Council on April 22, 1998.
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 Serio, seconded by Councilman Cooper passed
by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and
Burrell. 6. Nays: None. Absent: Councilman Green. 1.
The Deputy Clerk of Council read the resolution by title: Resolution No. 79 of 1998: A
resolution authorizing the Mayor to execute an agreement between the City of Shreveport and the
Red River Revel Arts Festival, Inc., for a Red River Revel Arts Festival, and to otherwise
provide with respect.
Read by title and as read motion by Councilman Spigener, seconded by Councilman Stewart for
passage. The Deputy Clerk read the following amendment:
Substitute the attached contract pages for the contract pages previously submitted.
Motion by Councilman Stewart, seconded by Councilman Serio for adoption of the amendment.
Motion approved by the following vote: Ayes: Councilman Cooper, Stewart, Hightower, Serio,
Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Motion by Councilman Stewart, seconded by Councilman Serio for adoption of the resolution as
amended. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
RESOLUTION NO. 79 OF 1998
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF SHREVEPORT AND THE RED RIVER REVEL ARTS
FESTIVAL, INC., FOR A RED RIVER REVEL ARTS FESTIVAL, AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO.
WHEREAS, the City of Shreveport desires to support cultural, educational and leisure activity programs which serve the public and render a public service; and
WHEREAS, the Red River Revel proposes to conduct a Red River Revel Arts Festival in co-sponsorship with the City of Shreveport; and
WHEREAS, the Red River Revel Arts Festival will serve a public purpose; and
WHEREAS, the City and the Red River Revel desires to support and provide services as identified under the terms of this contract to produce the Red River Revel Arts Festival.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Shreveport in due, legal and regular session convened that Robert W. Williams, Mayor, is hereby authorized to execute an agreement between the City of Shreveport, and the Red River Revel to hold the Red River Revel Arts Festival in accordance with the draft thereof which was filed with the original copy of this resolution for public inspection in the Office of the Clerk of Council on April 28, 1998.
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.
The Deputy Clerk read the resolution by title: Resolution No. 80 of 1998: A resolution
authorizing the Mayor to execute a Cooperative Endeavor Agreement with Red River Waterway
Commission whereby the City of Shreveport will transfer its fee simple interest to a portion of
property along the Red River for the construction of a public recreation site, and to otherwise
provide with respect thereto.
Ms. Glass: That needs to be postponed for advertising purposes.
Read by title and as read motion by Councilman Cooper, seconded by Councilman Burrell to
postpone the resolution until the next regular meeting.
Councilman Burrell: I'm trying to get an idea of what it possibly is. Shall I say, I have not
picked it up out of the material for an approximation of where the property is located? Mr.
Collins: This is the existing site and this is to clear up (inaudible) at Stoner Avenue where the
boat launch is and this is to clear up that property issue there; it is already in place.
Motion approved by the following vote: Ayes: Councilman Cooper, Stewart, Hightower, Serio,
Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
RESOLUTION NO. 82 OF 1998
A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION
PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF
SHREVEPORT IN CONNECTION WITH THE SHREVE PARK INDUSTRIAL CAMPUS
ROADWAY PROJECT NO: 95--C003, PARCEL NO: R-9, AND OTHERWISE PROVIDING
WITH RESPECT THERETO.
WHEREAS, the City of Shreveport has developed the Shreve Park Industrial Campus Roadway, Project No: 95-C003; and
WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as Exhibit "A" attached hereto, is situated in said development; and
WHEREAS, all attempts to amicably acquire fee title to the property comprising Parcel No: R-9 have failed; and
WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit, of the property described in Exhibit "A" attached hereto as Parcel No: R-9, to be acquired in fee title.
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.
Read by title and as read motion by Councilman Spigener, seconded by Councilman Burrell
passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener,
and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Councilman Burrell: Can we get an idea or an update on where we are on this, roadway
development. I was in an economic development meeting with Speciality Oil and they spoke of
this, but they weren't able to give the timetable on exactly where they are. Mr. Dark: On Shreve
Park? Councilman Burrell: On Shreve Park. Mr. Dark: Our part of it, we've actually got three
projects working. One of them is intersection project as part of the current road, I believe at
(inaudible) and 70th and that's well over half done. They just started the work on the roadway
itself, going into the park and then we are working with the private firm the Chamber and the
Economic Development Foundation hired to do the plan inside the park and they are just about
ready to get that (inaudible). Councilman Burrell: So that road, that road that goes into the park,
will it be the road that gets us back to that parcel that. . . Mr. Dark: The site in the back, it is my
understanding that yes, sir it will. Councilman Burrell: And what is it, Frymaster or something?
Mr. Dark: We had basically re-routed it to try to accommodate the Frymaster thing too, should it
come to pass. If that turns out not to, we've got some other options for construction, right now
that's the plan. So you should see all three of those under construction, the first one will finish
this summer and the second one under construction fairly shortly and the third one, a little bit
later this summer. They are all going quite well. Councilman Burrell: And what about the water.
Mr. Dark: As I appreciate it, the water is actually part of the infrastructure inside the park, it is
all one contract since they are going to be working in the same area as I understand it, that's all
we'll need.
RESOLUTION NO. 85 OF 1998
A RESOLUTION APPROVING THE BUDGET FOR THE CADDO-SHREVEPORT SALES
AND USE TAX COMMISSION FOR THE FISCAL YEARS BEGINNING JULY 1, 1998,
AND ENDING JUNE 30, 1999, AND OTHERWISE PROVIDING WITH RESPECT
THERETO
WHEREAS, Ordinance No. 95 of 1980, dated April 14, 1980, authorized the execution of an agreement between the City of Shreveport and the Caddo Parish School Board providing for the joint collection, enforcement, and administration of sales and use
taxes levied by the City and School Board and creating the Caddo-
Shreveport Sales and Use Tax Commission; and
WHEREAS, Section 7 of the Joint Agreement for Collection of Sales and Use Taxes provides for the Caddo-Shreveport Sales and Use Tax Commission to submit its proposed budget for the ensuing fiscal year to the City Council for approval; and
WHEREAS, the Commission had submitted a proposed budget for the fiscal year beginning July 1, 1998, and ending June 30, 1999, a copy of which was filed with the Clerk of the City Council on May 12, 1998.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that the total budget of $772,550 proposed by the Caddo-Shreveport Sales and Use Tax Commission for the fiscal year beginning July 1, 1998, and ending June 30, 1999, is hereby approved.
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.
Read by title and as read motion by Councilman Serio, seconded by Councilman Cooper passed
by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and
Burrell. 6. Nays: None. Absent: Councilman Green. 1.
RESOLUTION NO. 86 OF 1998
A RESOLUTION SUSPENDING THE EFFECTS OF CERTAIN PROVISIONS OF SECTION
10-187 RELATIVE TO SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN
CITY PARKS AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the Michelob Light Tennis Tournament will be placed at City's Querbes Tennis Center on May 22 - 24, 1998; and
WHEREAS, this tournament is an annual event that serves to showcase the best tennis talent in this city; and
WHEREAS, the tournament sponsor has requested that they be allowed to dispense by sale or otherwise, and that spectators be allowed to consume low alcoholic content beverages during the tournament; and
WHEREAS, Section 10-187 (b) allows the sale and/or consumption of low alcoholic content beverages as certain SPAR facilities however, not including Querbes Tennis Center and further provides that the sale and/or consumption of these alcoholic beverages can only take place from a city-approved concessionaire; and
WHEREAS, Section 10-187(c) makes it unlawful for any person to possess or consume any alcoholic beverages at any of the parks enumerated in section 10-187 unless such alcoholic beverages have been purchased from city-approved concessionaires;
WHEREAS, the adoption of this resolution would allow the sale and consumption of low alcoholic content beverages at the Querbes Tennis Center from May 22 - 24, 1998 in conjunction with the Michelob Light Tennis Tournament.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened Section 10-187 (b) and 10-187(c) are hereby suspended from May 22 - 24, 1998 in order to allows for the sale and/or consumption of low alcoholic content beverages during the Michelob Light Tennis Tournament and to suspend the requirement that such beverages be purchased from city-approved concessionaires.
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 Stewart, seconded by Councilman Serio passed
by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and
Burrell. 6. Nays: None. Absent: Councilman Green. 1.
INTRODUCTION OF RESOLUTIONS: None.
INTRODUCTION OF ORDINANCES:
Ordinance No. 84 of 1998: An ordinance to enlarge the limits and boundaries of the City
of Shreveport -- A tract of land located between the centerline of the Red River of 1998
and the centerline of the Red River of 1839 in and adjacent to Section 30 (T18N-R13W),
Bossier Parish, Louisiana, and otherwise providing with respect thereto.
Ordinance No. 85 of 1998 by Councilman Cooper: An ordinance amending the Code of
Ordinances of the City of Shreveport relative to the sale of alcoholic beverages at private
clubs and otherwise providing with respect thereto.
Ordinance No. 86 of 1998: An ordinance amending the 1998 budget for the Community
Development Special Revenue Fund, appropriating the funds authorized therein, and
otherwise providing with respect thereto.
Ordinance No. 87 of 1998: An ordinance levying a tax of seven and ninety-nine one-hundredths (7 and 99/100ths) mills per dollar on all property subject to ad valorem
taxation within the bounds of the Downtown Development District of the City Shreveport
as defined by Act 554 of 1978, as amended, for the purposes as set forth herein, and
otherwise providing with respect thereto.
Ordinance No. 88 of 1998: An ordinance levying various taxes totaling twenty-one and
nine one hundredths (21 and 09/100ths) mills per dollar on all property subject to ad
valorem taxation within the City of Shreveport for the year 1998, in the amounts and for
the purposes described herein, and otherwise providing with respect thereto.
Ordinance No. 89 of 1998: An ordinance levying a tax of thirty and fifty-four one-hundredths (30 and 54/100ths) mills per dollar on all property subject to ad valorem
taxation within the City of Shreveport for the year 1998 for the purpose of paying
principal and interest on the outstanding General Obligation Bonds of the City of
Shreveport and otherwise providing with respect thereto.
Read by title and as read motion by Councilman Stewart, seconded by Councilman Cooper for
Introduction of the Ordinances to lay over until the next regular meeting. Motion passed by the
following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and Burrell. 6.
Nays: None. Absent: Councilman Green. 1.
Councilman Hightower: Mayor, we want to welcome you to the Chambers today. Mayor, Mr.
Collins had said that you may want to make a presentation if you arrived. Did you want to do
that today or you want to wait until next week? Mayor Williams: I don't have it with me, we'll
just wait.
ORDINANCES ON SECOND READING AND FINAL PASSAGE:
1. Ordinance No. 119 of 1997 by Councilman Serio: An ordinance establishing certain four way
stop intersections and three way stop intersections within the University Terrace South
Subdivision, and otherwise providing with respect thereto.
Having passed first reading on October 14, 1997, 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 Cooper to postpone the ordinance until the next regular meeting.
Motion passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio,
Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
2. Ordinance No. 62 of 1998: An ordinance authorizing the donation of certain city owned
property located at 1322 Summers Street to Jewel Kyles and to otherwise provide with respect
thereto.
Having passed first reading on April 14, 1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell
seconded by Councilman Cooper adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
3. Ordinance No. 63 of 1998: An ordinance authorizing the donation of certain city owned
property located at 5540 Greenwood Road to Mary Jackson and to otherwise provide with
respect thereto.
Having passed first reading on April 14, 1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell
seconded by Councilman Cooper adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
Ordinance No. 66 of 1998: An ordinance authorizing the lease of certain city-owned
property to Cargill Park BMX, Inc., and to otherwise provide with respect thereto.
Having passed first reading on April 28, 1998, 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 Cooper
seconded by Councilman Spigener to postpone the ordinance until the next regular meeting.
Motion passed by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio,
Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Ordinance No. 67 of 1998 by Councilmen Green and Stewart: An ordinance amending
Chapter 50 of the Code of Ordinances of the City of Shreveport by adding Section 50-165
prohibiting persons under twenty-one years of age from entering the licensed gaming
premises of a riverboat casino, prohibiting misrepresentation of age to gain entry thereto
and otherwise providing with respect thereto.
Having passed first reading on April 28, 1998, 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 Serio adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
Councilman Stewart: On behalf of Chairman Green and myself, I appreciate the support of the Mayor, the Administration as well as the Council. And for the record, the manager of Harrah's asked in a conversation today to accept their thanks for this legislation that prevents underaged people from entering the premises, which obviously is to everyone's benefit and more importantly, there have been 5 arrests within the last week in Bossier area. I believe we have an effective piece of legislation that allows everyone's correct interest.
Councilman Burrell: To get a better clarification on what will this legislation do, Mr. Stewart in terms of penalty. Will it disallow police to go in and arrest them? Councilman Stewart: I'm looking at the document in front of me. We have the same legislation that exists in Bossier City and in Bossier Parish. The first I'll read the alternatives and the amendment. We are doing it according to Bossier City legislation, so that there is no flight to one side of the river or other. The lesser penalty: 1st conviction is a mandatory fine of $500 and imprisonment for 10 days on the first offense; $1,000 fine and imprisonment of 30 days on the second offense. Does that answer your question? Councilman Burrell: Talk about serious business. Councilman Stewart: Yes, sir and I think that we'd all agree, if we are going to do it, we need to do it in a serious and clear and clean fashion and I think we have; thank you very much.
Councilman Serio: I think that we have a very good note with this particular piece of legislation on the issue. It has come before us, time and time again as far as underage drinking and underage liquor sales. This case is (inaudible) and we are going to do the same thing and put the burden onto the person who is trying to break the law. I think this piece of legislation (inaudible).
Councilman Spigener: I would agree with Councilmen Serio. I think we are putting the
responsibility, where the responsibility belongs. I was really overwhelmed in talking with
Marilyn Winn at Harrah's as to the magnitude of the problem this is and I really pleased that we
have passed this. And I agree with Councilman Serio, that I think some responsibility needs to
be put on those who are doing underage drinking, not just the business establishments.
6. Ordinance No. 68 of 1998: An ordinance amending the 1998 budget for the Police Grants
Special Revenue Fund, appropriating the funds authorized therein, and otherwise providing with
respect thereto.
Having passed first reading on April 28, 1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell,
seconded by Councilman Spigener adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
7. Ordinance No. 69 of 1998: An ordinance amending Ordinance No. 131 of 1997, the 1998
Metropolitan Planning Commission Special Revenue Fund, appropriating the funds authorized
therein, and otherwise providing with respect thereto.
Having passed first reading on April 28, 1998, 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 Cooper adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
Ordinance No. 70 of 1998: An ordinance amending the 1998 budget for the Fleet Services
Internal Service Fund Budget, appropriating the funds authorized therein, and otherwise
providing with respect thereto.
Having passed first reading on April 28, 1998, 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 Burrell for adoption. The Deputy Clerk read the following
amendment(s):
Amendment No.1:
AMEND THE ORDINANCE AS FOLLOWS:
Under Revenue, Miscellaneous is increased by $ 150,000.
Under Appropriation. Improvements and Equipment is increased by $150,000.
Motion by Councilman Spigener, seconded by Councilman Burrell for adoption of Amendment
No. 1. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart, Hightower,
Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Amendment No. 2:
AMEND THE ORDINANCE AS FOLLOWS:
Under Appropriation. Personal Services is increased by $151,500, Material and Supplies is
decreased by $101,000, and Contractual Services is decreased by $50,500.
Motion by Councilman Cooper, seconded by Councilman Stewart for adoption of Amendment
No. 2. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart, Hightower,
Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Motion by Councilman Stewart, seconded by Councilman Cooper for adoption of the ordinance
as amended. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
9. Ordinance No. 71 of 1998: An ordinance to amend Chapter 106 of the Code of ordinances,
the City of Shreveport Zoning Ordinance, by amending and reenacting the SPI-3, Commercial
Corridor Overlay District by adding regulations regarding residential uses and to otherwise
provide with respect thereto.
Having passed first reading on April 28, 1998, 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 Burrell adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
Ordinance No. 73 of 1998: An ordinance amending Ordinance No. 132 of 1997, the 1998
budget funding contractual services provided to SporTran by the Metro Management
Associates, Inc. appropriating funds authorized therein, and otherwise providing with
respect thereto.
Having passed first reading on April 28, 1998, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell
seconded by Councilman Spigener adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
11. Ordinance No. 74 of 1998: An ordinance amending Ordinance No. 128 of 1997, the 1998
Water and Sewer Operations budget, appropriating the funds authorized therein, and otherwise
providing with respect thereto.
Having passed first reading on April 28, 1998, 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 Burrell for adoption. The Deputy Clerk read the following
amendment(s):
Amendment No. 1:
AMEND THE ORDINANCE AS FOLLOWS:
Decrease Improvement & Equipment by $140,100 and increase Transfer to General Fund by
a like amount.
Motion by Councilman Spigener, seconded by Councilman Burrell for adoption of the
amendment. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Motion by Councilman Spigener, seconded by Councilman Burrell for adoption of the ordinance
as amended. Motion approved by the following vote: Ayes: Councilman Cooper, Stewart,
Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
12. Ordinance No. 75 of 1998 by Councilman Stewart: An ordinance amending Chapter 10 of
the Code of Ordinances of the City of Shreveport relative to alcoholic beverages, and otherwise
providing with respect thereto.
Having passed first reading on April 28, 1998, 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 Burrell adopted by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
The adopted Ordinances, as amended:
ORDINANCE NO. 62 OF 1998
AN ORDINANCE AUTHORIZING THE DONATION OF CERTAIN CITY OWNED
PROPERTY LOCATED AT 1322 SUMMERS STREET TO JEWEL KYLES AND TO
OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the City of Shreveport has acquired title to that certain piece of immovable property located at 1322 Summers Street, Shreveport, Caddo Parish, Louisiana; and
WHEREAS, the Department of Public Works, Engineering Section acquired this property as a part of its acquisitions for the Ockley Street Ditch Improvement, Avery Lateral Phase, Index Code #443531; and
WHEREAS, the City of Shreveport desires to donate the house located on this immovable property to Jewel Kyles, a participant in the Affordable Housing Program administered by the Department of Community Development; and
WHEREAS, the house located at 1322 Summers will be moved and relocated onto property owned by Jewel Kyles at 3214 Marjorie, where the City of Shreveport will rehabilitate it in accordance with the Affordable Housing Program; and
WHEREAS, the City of Shreveport does not need the house located at 1322 Summers Street; and
WHEREAS, this donation serves a public purpose and will provide a public service by providing safe, decent and affordable housing to the needy; and
WHEREAS, this donation will be made in accordance with the Louisiana Constitution and City ordinances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that the City of Shreveport is hereby authorized to donate the house located on property at 1322 Summers Street to Jewel Kyles.
BE IT FURTHER ORDAINED that the donation of this house is conditioned upon Jewel Kyles participating in the City of Shreveport's Affordable Housing Program.
BE IT FURTHER ORDAINED that the Mayor is authorized to execute any and all documents necessary to donate the house located at 1322 Summers Street to Jewel Kyles.
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.
ORDINANCE NO. 63 OF 1998
AN ORDINANCE AUTHORIZING THE DONATION OF CERTAIN CITY OWNED
PROPERTY LOCATED AT 5540 GREENWOOD ROAD TO MARY LOU MCDANIEL
JACKSON AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the City of Shreveport has acquired title to that certain piece of immovable property located at 5540 Greenwood Road, Shreveport, Caddo Parish, Louisiana; and
WHEREAS, the Shreveport Airport Authority acquired this property as a part of its acquisitions for the Noise Abatement Program and has transferred title to the City of Shreveport for use in its Affordable Housing Program;
WHEREAS, the City of Shreveport desires to donate the house located on this immovable property to Mary Lou McDaniel Jackson, a participant in the Affordable Housing Program administered by the Department of Community Development; and
WHEREAS, the house located at 5540 Greenwood Road will be moved and relocated onto property owned by Mary Lou McDaniel Jackson at 635 W. 64th Street, where the City of Shreveport will rehabilitate it in accordance with the Affordable Housing Program; and
WHEREAS, the City of Shreveport does not need the house located at 5540 Greenwood Road; and
WHEREAS, this donation serves a public purpose and will provide a public service by providing safe, decent and affordable housing to the needy; and
WHEREAS, this donation will be made in accordance with the Louisiana Constitution and City ordinances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that the City of Shreveport is hereby authorized to donate the house located on property at 5540 Greenwood Road to Mary Lou McDaniel Jackson.
BE IT FURTHER ORDAINED that the donation of this house is conditioned upon Mary Lou McDaniel Jackson participating in the City of Shreveport's Affordable Housing Program.
BE IT FURTHER ORDAINED that the Mayor is authorized to execute any and all documents necessary to donate the house located at 5540 Greenwood Road to Mary Lou McDaniel Jackson.
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.
ORDINANCE NO. 67 F 1998
AN ORDINANCE AMENDING CHAPTER 50 OF THE CODE OF ORDINANCES OF THE
CITY OF SHREVEPORT BY ADDING SECTION 50-165 PROHIBITING PERSONS UNDER
TWENTY-0NE YEARS OF AGE FROM ENTERING THE LICENSED GAMING PREMISES
OF A RIVERBOAT CASINO, PROHIBITING MISREPRESENTATION OF AGE TO GAIN
ENTRY THERETO AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, persons under the age of 21 years have entered or attempted to enter Riverboat Gaming establishments in the State of Louisiana by the use of false or fraudulent documentation regarding their age and identity; and
WHEREAS, despite the best efforts of the Riverboat Gaming establishments to curtail entry by persons under the age of 21 years into the licensed facilities, the problem will continue to increase until the persons under 21 years of age are held responsible for their actions.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport , in
due, regular and legal session convened, that Section 50-165 of the Code of Ordinances is hereby
enacted to read as follows:
Sec. 50-165. Misrepresentation of age to gain entry to the licensed gaming premises of a
Riverboat Casino prohibited; penalties.
A. It is unlawful for any person under the age of twenty-one (21) years to enter, attempt to enter,
or be present in or about a licensed riverboat gaming facility docked in the City of Shreveport.
B. It is unlawful for any person under the age of twenty-one (21) years to present or offer to any
riverboat casino docked in the City of Shreveport or to its agents or employees any written,
printed, or photostatic evidence of age and identity which is false, fraudulent or not actually his
or her own for the purpose of entering a licensed riverboat gaming facility docked in the City of
Shreveport.
C. It shall be unlawful for any person under the age of twenty-one (21) years to attempt to gain
entry onto a river boat casino docked in the City of Shreveport by the use of a fake or fraudulent
identification card or drivers license, or any fake or fraudulent written, printed, or photostatic
evidence of age and identity, or by use of an identification card or drivers license belonging to a
person other than the person in possession of the identification card or drivers license.
D. Whoever violates the provisions of this section shall be fined as follows:
1. For the first violation, a fine of five hundred ($500.00) dollars and imprisonment for ten (10)
days;
2. For the second and subsequent violations, a fine of one thousand ($1,000.00) dollars and
imprisonment for thirty (30) days.
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.
ORDINANCE NO. 68 OF 1998
AN ORDINANCE AMENDING THE 1998 BUDGET FOR THE POLICE GRANTS SPECIAL
REVENUE FUND, APPROPRIATING THE FUNDS AUTHORIZED THEREIN, AND
OTHERWISE PROVIDING WITH RESPECT THERETO
WHEREAS, Article 4, Section 4.18 (a) of the City Charter of the City of Shreveport provides for the amendment of a previously adopted budget; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, regular, and legal session convened, that Ordinance No. 136 for 1997, the 1998 Budget for the Police Grants Special Revenue Fund Budget as amended, be further amended and reenacted as follows:
1. Estimated Receipts - The estimated Police Grants Special Revenue Fund receipts for the year 1998 are hereby established as follows:
Revenue Receipts
Presidential Police Hiring Grant 500,400
Weed and Seed 370,600 DARE Grant 145,200
Asset Forfeiture 59,500
AFIS 302,600
NLEPA Youth Curfew, Holding... 11,000
Cops Ahead 251,200
Criminal Activity Patrol Grant 87,900
Tracking Violent Offenders 44,400
Local Law Enforcement Block Grant '96/97 24,600 Local Law Enforcement Block Grant '97/98 722,100
COPS More Grant 975,000
Reduction of Crack/Drug Houses 50,000
Transfer from General Fund 369,700
Fund Balance 371,100
TOTAL RECEIPTS 4,285,300
2. Appropriations - The funds set forth herein below are hereby appropriated out of the Police Grant Special Revenue Fund receipts for the year 1998:
Presidential Police Hiring Grant
Personal Services 699,400
Subtotal 699,400
Weed and Seed
Personal Services 212,800
Materials and Supplies 10,300
Contractual Services 145,500
Other Charges 2,000
Improvements and Equipment 0
Subtotal 370,600
DARE Grant
Personal Services 143,800
Materials & Supplies 1,300
Other Charges 100
Subtotal 145,200
Asset Forfeiture
Personal Services 53,300
Materials and Supplies 2,000
Improvements and Equipment 4,200
Subtotal 59,500
AFIS
Personal Services 302,600
Subtotal 302,600
NLEPA Youth Curfew, Holding
Contractual Services 59,200
Subtotal 59,200
COPS Ahead
Personal Services 325,200
Subtotal 325,200
Criminal Activity Patrol Grant
Personal Services 111,200
Subtotal 111,200
Tracking Violent Offenders
Personal Services 57,600
Improvements and Equipment 100
Subtotal 57,700
Local Law Enforcement Block Grant '96/97
Personal Services 22,200
Materials and Supplies 200
Improvements & Equipment 42,400
Subtotal 64,800
Local Law Enforcement Block Grant '97/98
Other Charges 286,700
Improvements and Equipment 435,400
Subtotal 722,100
COPS More Grant
Improvements & Equipment 1,300,000
Subtotal 1,300,000
Reduction of Crack/Drug Houses
Personal Services 67,800
Subtotal 67,800
Total Appropriations 4,285,300
BE IT FURTHER ORDAINED that paragraphs 3, 4, 5, and 6 of Ordinance No. 136 of 1997 are hereby reenacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications; and to this end, the provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are
hereby repealed.
ORDINANCE NO.69 OF 1998
AN ORDINANCE AMENDING ORDINANCE NO 131 OF 1997, THE 1998
METROPOLITAN PLANNING COMMISSION SPECIAL REVENUE FUND BUDGET,
APPROPRIATING THE FUNDS AUTHORIZED THEREIN, AND OTHERWISE
PROVIDING WITH RESPECT THERETO
WHEREAS, Section 4.18 of the City Charter of the City of Shreveport requires the adoption of a comprehensive operating budget for the fiscal year 1998; and
WHEREAS, the 1998 Metropolitan Planning Commission Special Revenue Fund budget should be amended to reflect current revenue and expenditure estimates.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in
due, legal, and regular session convened, that Ordinance No. 131 of 1997, the Metropolitan
Planning Commission Budget, be amended and reenacted as follows:
1. Estimated Receipts - The estimated Metropolitan Planning Commission Special Revenue Fund receipts for the year 1998 are hereby established as follows:
Revenue Receipts
External Service Charges and Fees 123,500
Caddo Parish Reimbursement 128,000
Operating Subsidy -
Transfer From General Fund 759,400
TOTAL 1,010,900
2. Appropriations - The funds set forth in the following classes of expenditures and projects are hereby appropriated out of the Metropolitan Planning Commission Special Revenue Fund receipts for the year 1998:
Personal Services 885,000
Materials and Supplies 22,100
Contractual Services 49,500
Improvements and Equipment 50,000
Transfer to Fleet Services 4,300
Total 1,010,900
BE IT FURTHER ORDAINED that paragraphs 3 through 6 of Ordinance No. 131 of 1997 are hereby reenacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications; 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.
ORDINANCE NO. 70 OF 1998
AN ORDINANCE AMENDING THE 1998 BUDGET FOR THE FLEET SERVICES
INTERNAL SERVICE FUND BUDGET, APPROPRIATING THE FUNDS AUTHORIZED
THEREIN, AND OTHERWISE PROVIDING WITH RESPECT THERETO
WHEREAS, Article 4, Section 4.18 of the City Charter of the City of Shreveport requires the amendment of a previously adopted budget; and
WHEREAS, the City Council by Ordinance No. 150 of 1997 created a Fleet Services Fund whose purpose is to provide funding for maintenance of the City's Fleet with the exception of Fire, Sportran, and Airport; and
WHEREAS, it is necessary to amend the 1998 budget for the Fleet Services Fund in order to account for its anticipated revenues and expenditures.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in
due, legal session convened, that:
1. Estimated Receipts - The estimated Fleet Services Fund receipts for the year 1998 are hereby established as follows:
Estimated Fund Balance as of 1/1/97 0
Miscellaneous 152,000
Sale of Scrap 300
Transfer from General Fund 3,486,600
Transfer from Water and Sewerage Fund 399,800
Transfer from MPC 4,300
Transfer from Community Development 75,000
Transfer from Retained Risk 4,000
TOTAL RECEIPTS 3,972,300
2. Appropriation: The Funds set forth in the following class of expenditures are hereby appropriated out of the Fleet Services Risk Fund receipts for the year 1998:
Personal Services 1,985,400
Materials & Supplies 1,109,000
Contractual Services 567,300
Other Charges 100
Improvements & Equipment 420,500
Notes Payable 40,000
TOTAL APPROPRIATIONS 3,972,300
BE IT FURTHER ORDAINED that paragraphs 3, 4, and 5,of Ordinance No. 137 of 1997 are hereby reenacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications; and to this end, the provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are
hereby repealed.
ORDINANCE NO. 73 OF 1998
AN ORDINANCE AMENDING ORDINANCE NO. 132 OF 1997, THE 1998 BUDGET
FUNDING CONTRACTUAL SERVICES PROVIDED TO SPORTRAN BY THE METRO
MANAGEMENT ASSOCIATES, INC., APPROPRIATING FUNDS AUTHORIZED
THEREIN, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO
WHEREAS, Section 4.18 of the Charter of the City of Shreveport provides for the amendment of any previously adopted budget; and
WHEREAS, the 1998 SporTran budget needs to be amended to reflect updated revenues and expenditures.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal, and regular session convened, that Ordinance No. 132 of 1997, the 1998 budget funding contractual services provided to SporTran by the Metro Management Associates, Inc., is hereby amended and reenacted as follows:
1. Estimated Receipts: The estimated receipts, including operating subsidies available for the operation of SPORTRAN for the year of 1998 are hereby amended as follows:
Operating Income 1,940,000
Government Grants and Contributions:
Bossier City 240,000
Shreveport (Operating Subsidy) 3,308,400
UMTA 900,900
LaDOTD 587,000
Subtotal 5,036,300
TOTAL 6,976,300
2. Appropriations: All funds set forth in the following class of expenditures are hereby appropriated out of the receipts produced by SPORTRAN operations and operating subsidy receipts for the year 1998:
Contractual Services 6,563,200
Transfer to Capital 413,100 TOTAL 6,976,300
BE IT FURTHER ORDAINED that paragraphs 3 through 6 of Ordinance No. 132 of 1997 are hereby reenacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications; and to this end, the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are
hereby repealed.
ORDINANCE NO. 74 OF 1998 AN ORDINANCE AMENDING ORDINANCE NO. 128 OF
1997, THE 1998 WATER AND SEWER OPERATIONS BUDGET, APPROPRIATING THE
FUNDS AUTHORIZED THEREIN, AND OTHERWISE PROVIDING WITH RESPECT
THERETO
WHEREAS, Section 4.18 of the Charter of the City of Shreveport, provides for the amendment of any previously adopted budget; and
WHEREAS, the 1998 Water & Sewer Operations Budget should be amended to reflect current revenue and expenditure estimates.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Shreveport, in due, legal, and regular session convened, that Ordinance No. 128 of 1998, the 1998 Water & Sewer Operations Budget, be amended and reenacted as follows:
l. Estimated Receipts - The estimated water and sewer receipts for the year l998 are hereby established and adopted as follows:
Available Fund Balance
for Appropriation as of January 1, 1998 17,708,600
Water Sales 18,405,900
Sewer Charges 16,406,800
Other External Charges 83,800
Internal Service Charges 1,206,500
Interest Earnings 1,000,000
Other Income 19,500
TOTAL 54,831,100
2. Appropriations - The funds set forth in the following classes of expenditures are hereby
appropriated out of the water and sewer receipts for the year 1998:
Personal Services 11,570,200
Materials & Supplies 3,263,400
Contractual Services 5,855,200
Other Charges 13,053,200
Operating Reserves 2,116,500
Improvements and Equipment 4,622,700
Transfer to Capital Projects Fund 10,239,500
Transfer to Debt Service 474,100
Transfer to General Fund 2,338,200
Transfer to Retained Risk Fund 754,500
Transfer to Fleet Services 399,800
Refund Extension Contract 3,700
TOTAL 54,831,100
BE IT FURTHER ORDAINED, that paragraphs 3 through 6 of Ordinance No. 128 of 1997 be hereby reenacted.
BE IT FURTHER ORDAINED, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications; and to this end, the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are
hereby repealed.
UNFINISHED BUSINESS. The following items remained tabled:
1. Ordinance No. 46 of 1995 by Mr. Stewart: To revise the membership of the Board of Trustees
of the Employees' Retirement System. (Tabled on 6-13-95)
2. Ordinance No. 90 of 1995: Amending Sec. 30-92 of the Code relative to fireworks. (F/Green)
(Tabled on 2-27-96)
3. Ordinance No. 61 of 1996: Amending the Code by adding Div.5, Art. V, Chap. 26 relative to
establishing a Riverfront Development Special Revenue Fund. (D/Serio) (Tabled on 7-9-96)
4. Resolution No. 94 of 1997: Renaming Airport Park the "Maurice 'Blimp' Monroe Park."
(F/Green) (Tabled on 5-27-97)
NEW BUSINESS:
1. ABO Card appeal: Ms. Samantha Works.
Councilman Hightower: Is Samantha here today (no one responded). Is there a representative of
the Police Department, in you want to just give us your recommendation. We heard it yesterday
for all of the members that were here. Lieutenant Shoemaker: Our recommendation is that we
do not give her a card.
Motion by Councilman Stewart, seconded by Councilman Serio to uphold the decision of the
Police Department. Motion approved by the following vote: Ayes: Councilmen Cooper,
Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green.
1.
2. BAC-41-98, LA PLAYHOUSE, INC., 2007 Portland, Special Exception Use and variance in
hours of operation in B-3 District, lounge operating to 2 a.m.
Councilman Burrell: I've received another request that we postpone for another two weeks for
these people to continue some dialogue.
Motion by Councilman Burrell, to postpone the application until the May 26, 1998, meeting,
seconded by Councilman Stewart. Motion approved by the following vote: Ayes: Councilmen
Cooper, Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent:
Councilman Green. 1.
Councilman Stewart: For the record, we have two representatives from the South HIghlands and
the Fairfield Neighborhood group who are here to address this issue and support the
recommendations of the other members of their Associations; I just wanted that for the record,
thank you for joining us.
REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES. None.
CLERK'S REPORT.
1. Letter relative to Cost-of-living Allowance for retirees with the City of Shreveport
Employees' Retirement System.
2. Letter of appeal: BAC-57-98, BAMBOO LOUNGE, 4601 North Market Street, Special
Exception Use and Variance in the hours of operation in a B-3 District, lounge operating to 2:00
a.m. (A/Cooper) (not to be considered prior to 5-26)
COMMUNICATIONS AND MISCELLANEOUS MATTERS. The Council resolved itself into Committee of the Whole, on motion by Councilman Burrell, seconded by Councilman Spigener. Motion approved by the following vote: Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Motion by Councilman Stewart, seconded by Councilman Serio, that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Motion approved by the following vote: Ayes: Councilmen Cooper, Stewart, Hightower, Serio, Spigener, and Burrell. 6. Nays: None. Absent: Councilman Green. 1.
Councilman Hightower: Be it noted that every vote today was unanimous.
There being no further business to come before the Council, the meeting adjourned by 3:44 p.m.
/s/Keith Hightower, Vice-Chairman
/s/Arthur G. Thompson, Clerk of Council
1. Exhibits are available for public inspection in the office of the Clerk of Council