CC3827
Council Proceedings
November 15, 1999
The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Roy Allen Burrell at 3:10 p.m.,Tuesday, November 9, 1999, in the Council Chamber of City Hall, 1234 Texas Avenue.
Invocation was given by Councilman Shyne.
On roll call, the following members were present: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Absent: Councilman Serio. 1.
Receipt and Opening of Sealed Bids: $87,000,000 GOB, Series 1999A. Councilman Burrell: Mr. Schlueter will receive and open the bids. Mr. Schlueter: Grant Schlueter with Foley Judell, Bond Counsel and with me is Maria Ozan, Co-Bond Counsel for the $87,000,000 General Obligation Bonds that we are receiving the bids for today. As you recall, the procedure for the bid opening is such that we proceed to consider Resolution 261. After that is adopted, which authorizes the opening of the bids, we will with your permission, open the respective bids, read them aloud and then if you will, we'll retire and check the bids and report back to you further in the Council meeting for further action with respect to Items 258 and 259. Motion by Councilman Shyne to suspend the rules to move Resolution 261 to this point on the agenda, seconded by Councilman Carmody. Motion approved by the following vote: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Absent: Councilman Serio. 1. (The Council considered Resolution No. 261 of 1999.)
Mr. Schlueter: We'll have a bid tabulation for you when we report back to you. What we will do is after we read all the bids, we are going to check them off for mathematical accuracy and make sure they comply with the bidding specs and we will report back to you during the course of this meeting and you will have a bid tabulation with all of the bidders listed. All of these bidders bid individual interest rates for the different maturities, but you will give you their calculation of the true interest cost which we will be verifying. 1) Goldman Sachs - 5.53%; 2) Morgan Keegan - 5.55%; 3) Lehman Brothers - 5.54%; 4) Merrill Lynch - 5.53%; 5) Dain Rauscher - 5.53%; 6) J. P. Morgan - 5.55%; 7) ABN AMRO - 5.49%; 8) Southwest Securities - 5.54%; 9) William E. Simon & Sons - 5.57 %; 10) Solomon Smith Barney - 5.56%. We will check the bids, we'll report back to you. Just a couple of initial observations, an extremely high number of bids submitted, 10 bids which is very, very unusual and very competitive obviously they are very, very close and we'll report back to you.
Motion by Councilman Shyne, seconded by Councilman Huckaby for approval of the Summary Minutes of the Administrative Conference of October 25, 1999, Minutes of the Regular Meeting of October 26, 1999 and the Agenda as amended on November 8, 1999. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Absent: Councilman Serio. 1.
Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. Mayor Hightower: I don't have anything today however we would like to add something to the agenda at the appropriate time.
Councilman Shyne: I would just like to make an observation. Mr. Strong, I received a memo from you and I just wanted to commend you, it is excellent. I wish we could get these kind of memos all the time. Mr. Mayor, they are right to the point, they are what we talked about and he has a plan of action on how we are going to do what needs to be done and I just want to let you know that I appreciate it. It makes it better for me as a Council member because then I'm able to show this to my constituents who are concerned about alleviating some of these problems. And Mr. Strong, I know this probably came out of the Mayor's Office, this format? Mayor Hightower: Probably not. We'll go to Kwik Copy and make some of those.
Councilman Burrell: I have three people I want to recognize today. The first person being our very own Assistant Chief Charles W. Hopper and also the Chief. It is so important that we recognize not only our persons who work with the City, but also our citizens and I want to read a short excerpt here of why we are honoring him today or Chief you have it there, why don't you do it. Chief Roberts: Chief Hopper is an avid fisherman and he took a week vacation at the end of October and he was in Branson, Missouri. He just happened to be a restaurant at the same time a patron was in the restaurant eating and the man, a 75 year old man, choked. And, thank goodness for Chief Hopper being there. He knew the correct method for the Helmic maneuver and was able to dislodge the piece of meat from the man's throat and saved his life and I'm extremely proud of Chief Hopper's actions. I know he doesn't like being called a hero, but in my book he is a hero and in this man's book, he is also a hero. He is a credit to the Police Department and Charlie we just appreciate you so much, great job. This is his wife, Janice. Councilman Burrell: She probably says, he's always been her hero, right.
Chief Hopper: I appreciate your very kind gesture here today. Labeling me a hero, is very kind of you. In my mind, the heros actually are the men and women over the years that have developed the first aid procedures that is taught in the America Red Cross systems and the American Heart Association systems and make it available to the public. I would urge everybody that has just a little bit extra time, that has not been trained in basic first aid to do so. It is sometimes well worth your effort.
Councilman Stewart: Great work. I hope you are there when I choke. Councilman Shyne: Chief, I just want to tell you and you can't believe everything you read in the paper. I do support you. And I do feel like you all are doing a great job and that's really an honor that is bestowed upon the City of Shreveport and it goes to show you the fine, fine people that we have here in this great City; God bless you. Chief Hopper: Thank you Councilman Shyne, I appreciate that. And I think that those that think of it deeply and care about the Police Department recognize that over the long haul the mayors and the councils of this City have always shown us support and I thank you for it.
Councilman Carmody: Well, done, Chief.
Councilman Burrell: Charlie, I know that he didn't go to the hospital for getting choked, but as stout as you are, I could imagine he probably was put in there for his ribs after that Helmic maneuver. Chief Hopper: Done correctly, you don't harm the ribs.
Councilman Burrell: Well in that case, I don't mind getting choked when you are around; thanks again. There are two other individuals that we would like to recognize here from the Council and they are part of our Shreveport's finest of our Police Department and that is Officer Mike McConnell and James R. Thomas.
Chief Roberts: To give you a kind of run down on these two fine officers. Last week, I think most of you may have read about it in the paper, there was a house fire and people were trapped inside due to burglar bars which is really a danger when you respond to a house fire where there is burglar bars because it is very difficult to get into the residence. Well, this particular residence was occupied by two people who were virtually trapped inside the residence. The officers were the first responders on the scene and were able to obtain a tool from a neighbor and pry the front door open as the flames were leaping out of the roof and windows and rescued these two citizens of Shreveport. And they too, in my opinion, are two heros and I'm extremely proud of their actions and I know two of our citizens are thankful that they were there when they needed the police. Chief Cochran, the first time I've every know of it my career, came down the next day and presented both of these officers with a certificate and also praised them and thanked them for a job well done. Councilman Burrell: Well, he's that kind of fellow. Chief Roberts: He is. Guys, appreciate it.
Councilman Stewart: Great work guys.
Councilman Carmody: Beyond the call of duty, that's what you committed your lives to and that's fantastic.
Councilman Burrell: Just want to let you know that we do appreciate you, despite some of the negative things that are out there. We know that you are there to serve the public and you do it very well.
Officer McConnell: The only thing that I would like to bring forth to the Council is that Officer Thomas and I only finished what the good citizens and the neighbors of that block started. It is not very often that when we arrive on a scene that people want us to take control of the situation themselves in which they were attempting to do to gain freedom for those two people. Officer Thomas and I just finished what they started.
Officer Thomas: With all of the negative things that seem to have come out in the media, I am glad for this one occasion we can show something that is positive.
Councilman Burrell: And for those citizens who did try to help, if I had known who they were, we would have liked for them to have come down also. I think Councilman Shyne that is in your district, isn't it. What address was that? Officer McConnell: (Inaudible). Councilman Burrell: Ingleside? Officer McConnell: It was on Desoto Street, 1808. Councilman Shyne: That's in my district. Mr. Chairman it just goes to shows you that we have got two of the finest officers on the force that is in District F. Chief, I appreciate you doing that for me.
Mr. Antee: If it would be the appropriate time, we would like to ask the Council to add something to the agenda (Resolution No. 268). Motion by Councilman Huckaby to suspend the rules to add a resolution to the agenda, seconded by Councilman Stewart. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Absent: Councilman Serio. 1. Mr. Antee: Briefly, it is to initiate the expropriation proceedings on property necessary for the Convention Center, which is owned by Chance Energy Company. I would note out that on Exhibit A, Property 1 there was a typo. The last offer on that piece of property was $250,000 and not $210,000 so if you will make that notation. Motion by Councilman Shyne to add the resolution to the agenda, seconded by Councilman Spigener. Motion approved by the following vote: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Absent: Councilman Serio. 1.
Public Hearings: 2000 Budget Appropriation Ordinances. Mr. Dark: In 2000, the City is proposing that the City's combined operating budgets will be $310 million. This is an increase of 6.7% over 1999. Of the City's thirteen operating budgets, all but three (Fleet Services, Airports and Retained Risk) show an increase from 1999. One budget, for the Downtown Parking Fund, is new for 2000.
Here are some of the highlights of the proposed budgets: They include funds to give step increases averaging 3-4% to classified employees. Police and Fire employees will receive a 2% longevity pay increase early in the year and a 2% cost-of-living increase in July. We have included funds to pay for equipment and vehicles purchased in 1999, most notably the new Police vehicles now on our streets. New equipment purchases for 2000 include video cameras for the remainder of our patrol fleet, personal safety equipment for our firefighters, a replacement Fire rescue truck and two large mowing units for our interstate highways. The Water and Sewer budget dramatically increases the money we are spending on repairing and replacing old water and sewer mains. This is being done without a rate increase, because of funds available when the department reduced 80 positions by attrition or transfer.
Overall, the 2000 budget includes 76 fewer full-time positions City-wide. We have budgeted an Operating Reserve of 7% in the General Fund, in accordance with Council policy. We have budgeted to make the first payment on the debt we are selling today for the Convention Center and Multi-Cultural Center projects. This debt will be paid from Riverfront funds.
Our Capital Budget includes projects which total almost $500 million. Of these, $114 million are new projects. Almost all of the increase comes from the Convention Center and Independence Stadium projects which are being paid for by riverboat and tourism dollars.
We have held four budget meetings with Council members over the past month. The Budget must, by law, be adopted prior to December 15, 1999. We hope you are ready to do that by your next meeting on November 23, 1999.
Mr. Thompson: Tom, I believe this includes all of the budgets that are under 10.4 under Unfinished Business? Mr. Dark: Yes, sir. Mr. Thompson: And does it also include (Ordinance) 170 - Adopting the 2000 budget for the Downtown Parking Enterprise Fund? Mr. Dark: Yes it does.
Councilman Shyne: You mentioned something about the pay raises. Are there any pay raises forthcoming for, I guess it would be, our non-classified employees especially those that are on the lower end in the, I guess the new Department Operational Services? Mr. Dark: Operational Services include in the general classified employees. There are funds in the budget to give folks in that Department and the other classified employees a step raise which generally averages 3 - 4% for all those who have had satisfactory performance during the last year.
The Chairman called for any person to speak in favor of the proposed budgets. Mr. Scott Hughes (947 Ontario). I'm here today as the Vice-President of Shreveport Coalition 2000: As part of our on-going efforts to monitor the activities of City Hall, we undertook a budget review. We'd like to thank Mr. Dark and the Administration for providing us copies of the budget. We had a team of eight people from our organization who divided up the various departments and went through each budget. I'd like to spend just a couple of minutes giving you a brief overview of what we discovered. Obviously we are in favor of the City budget, speaking at this in the hearing. We wanted to let you know what we discovered.
Our immediate concern when you look at the budget was the percentage increase with Community Development fund; that really caught our eye. That fund more than doubled from $14 million to $23 million dollars, almost doubling; 59% increase. Our understanding is that that is coming from Prior Year unspent monies, grant money. Without getting into the specifics of where all that money is being spent, we would just encourage the Council to look closely at how that money is being spent. It is a large increase and our goal for every project in that area, but we do feel that that is an area that probably deserve some Council attention of how that grant money is being spent.
With particular interest on the Police and the Fire Department, we are very encouraged by the budget for both police and fire department. We are very proud of the Class A rating of the Fire Department and would like to see that maintained and we think the funding is there to do that. In the Police budget we are encouraged by the police funds for the take-home cars, the video camera installation. Our concern with the Police Department after looking at their budget is two-fold: 1) We are really concerned with the dollars committed to training in the Police Department budget. With a staff of over 500 people, they have less than $40,000 allocated for outside training. We feel that in future budgets or if time allows in this year's budget cycle, that you might want to look at additional training dollars for the Shreveport Police Department. Now, overall we support the Police Department's effort to become an accredited Police Department and we feel that would be an important area to assist them with training dollars. We also think the Police Department, in our estimate maybe experiencing a problem with their cap. They have, as you know, a cap by ordinance of the number of officers they are allowed. When you take the amount of officers on the street plus those who are in the Academy which is the cap number, counts the Academy plus the retirement that is on going, our understanding is they have a problem maintaining what you and I think the amount of officers on the street on the cap. And down the road, we'd encourage you to work with the Department and look at possibly the need to increase that cap as our city continues to grow and we have the need to have more officers on the streets.
In addition to that we found the rest of the budget very user friendly. My understanding from the person that looked at Operational Services, was very pleased with Operational Services. There is a good bit of money being reinvested to correct some of the problems in the system and more importantly to look at preventive maintenance rather than wait until streets collapse and the pipes rot away, we are going in and an effort is being made, I believe to the tune of about $5 million a year (don't quote me on the number) but that money is being reinvested in replacement. We think in the long term as money well invested on the City's behalf and we are very proud of the way the Operational Services Department seems to be running and some of the consolidated efforts that are taking place there. The tax money being well spent.
In addition to that, in the Capital Outlay project which is the other area that we took a major look in. We are very proud of the Capital Outlay budget as was presented. We think it is very impressive to be able to do that much construction or that much new investment in the City without new taxes. I would also like to commend the Mayor and the Administration in the manner in which it was presented. For the first time this year, it is very easy to go through the Capital Outlay budget and figure out whose actually working on what and where it is being done and that's new information which I thought was an added value.
And just in closing, would like to support this budget. We think it was a very good budget. We ask your request and support of it and we would like to help in any way we can if you have any questions about any of the things that we've looked at our discovered. And certainly didn't go into every area that we looked at, but we did have individual people who looked at each budget if you have any questions or needed any input from citizens on those.
Councilman Burrell: Scott, you sound pretty thorough. I was wondering if you were sitting in on the budget meetings; that's good.
The Chairman called for persons to speak in opposition to the proposed budgets. No one came forward to be heard.
Councilman Burrell: I wanted to make one comment because there was a statement in the paper that I had made on non-profits. Scott, you had mentioned about Community Development. We have gone over and perused that budget probably moreso than most of the others. I think finally, we are probably putting some money in the areas that's needed and that is in community development. For so long, we look at major capital projects in a number of other areas, but our communities continue to decline. I think there is a new emphasis by this Administration and I know commitment by this Council to start re-looking at our neighborhoods and try to do some revitalization in these areas. If we don't, then looking at what we are trying to develop here in terms of tourism. When people come into this City and they see poor neighborhoods or should I say, neighborhoods that are unkept, that are not considered very much in their overall viewpoint of things then it doesn't make our city very attractive. I think there was one statement that was made that I would like to share with you that was made by the people from New York that came down from S & P and Moody's. We talked about a lot of things, but one of their major interests was how are you keeping up your neighborhoods. And you wouldn't think that these people who are sitting on Wall Street want to know this type of information but they were asking about this information. And it was fortunate that we had already started a process by which we are looking at redeveloping many of our neighborhoods and I think they were quite impressed and it really only added to the support that we needed to do what we needed to do with them. So, again, we appreciate you as a citizen in representing a large group of citizens to be so concerned that you would bring up those issues. The Chairman declared the public hearing on the 2000 Budget Appropriation Ordinances closed.
Confirmations and/or Appointments: Board Appointment: Motion by Councilman Shyne, seconded by Councilman Spigener for appointment of Mr. Artis Terrell, Jr. to the Caddo-Bossier Port Commission. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
The Council considered the CONSENT AGENDA legislation.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Spigener, seconded by Councilman Carmody for Introduction of the Resolution and Ordinance on the Consent Agenda not to be adopted prior to November 23, 1999. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
INTRODUCTION OF RESOLUTION:
INTRODUCTION OF ORDINANCE:
ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Stewart, seconded by Councilman Shyne for Adoption of the Resolutions and Ordinance on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
RESOLUTIONS:
RESOLUTION NO. 264 OF 1999
A RESOLUTION REJECTING BIDS RECEIVED ON IFB #99-070 FOR RENOVATIONS TO FIRE STATION #17 AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, six (6) bids were received as a result of solicitations for the Renovations to Fire Station #17, IFB #99-070; and
WHEREAS, the City has rejected the bids due to the fact that bids received were in excess of the projected budget estimate of the Shreveport Fire Department; and
WHEREAS, the City does not plan to proceed with this project, however, the Shreveport Fire Department will re-evaluate the entire project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the bids received on IFB #99-070 be rejected.
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 declared repealed.
RESOLUTION NO. 265 OF 1999
A RESOLUTION REJECTING THE BID RECEIVED ON IFB #99-155 FOR ONE (1) FOUR DOOR UTILITY VEHICLE AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, one (1) bid was received as a result of solicitations for one Four Door Utility Vehicle, IFB #99-155; and
WHEREAS, the City has rejected the bids due to the fact that the bid received was in excess of the projected budget estimate of the Department of Operational Services Streets and Drainage; and
WHEREAS, the Department of Operational Services Streets and Drainage is revising specifications for rebid at a later date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened that the bids received on IFB #99-155 be rejected.
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 declared repealed.
ORDINANCE:
ORDINANCE NO. 166 OF 1999
AN ORDINANCE TO CREATE AND ESTABLISH A NO PARKING ANYTIME ZONE ON THE WEST SIDE OF CENTENARY BOULEVARD FROM KINGS HIGHWAY TO WILKINSON STREET AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
BY: COUNCILMAN STEWART
BE IT ORDAINED by the City Council of the City of Shreveport in due, legal and regular session convened that it shall hereafter be unlawful for anyone to park any vehicle on the west side of Centenary Boulevard from Kings Highway to Wilkinson Street.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or
applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.
/s/Roy Allen Burrell, Chairman
/s/Arthur G. Thompson, Clerk of Council
REGULAR AGENDA LEGISLATION:
RESOLUTIONS:
RESOLUTION NO. 258 OF 1999
A RESOLUTION ACCEPTING THE BEST BID SUBMITTED FOR THE PURCHASE OF EIGHTY-SEVEN MILLION DOLLARS ($87,000,000) OF GENERAL OBLIGATION BONDS, SERIES 1999A, OF THE CITY OF SHREVEPORT, STATE OF LOUISIANA.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated September 28, 1999, published in the manner required by law, and pursuant to the provisions of Resolution No. 212 of 1999 adopted by the Council of the City of Shreveport, State of Louisiana (the "Issuer"), on September 28, 1999, sealed bids were solicited for the purchase of Eighty-Seven Million Dollars ($87,000,000) of General Obligation Bonds, Series 1999A, of the Issuer (the "Bonds"), on November 9, 1999, and
WHEREAS, ten (10) bids were received for the purchase of the Bonds; and
WHEREAS, this Council has found and determined and does hereby find and determine that the bid submitted by Merrill Lynch, of New York, New York the "Purchaser"), is the best bid received for the Bonds, and such bid complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Council desires to accept said bid and to take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority of said City, that:
SECTION 1. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compli-ance with the terms of the bid.
SECTION 2. The good faith deposit in the amount of $870,000 accompanying said bid is hereby accepted in accordance with and subject to said Official Notice of Bond Sale. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. When the Bonds have been properly prepared, the Mayor, Clerk of Council and/or Director of Finance are hereby authorized to deliver the Bonds to the Purchaser upon the payment of Eighty-Seven Million Dollars ($87,000,000), plus accrued interest from the date of the Bonds to the date of delivery of the Bonds, less a credit of $870,000 for the amount of the good faith deposit described above.
SECTION 3. This Council hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the Finance Director is hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Huckaby
passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
RESOLUTION NO. 259 of 1999
Offered by Councilman Shyne and seconded by Councilman Spigener:
RESOLUTION
A RESOLUTION AUTHORIZING THE INCURRING OF DEBT AND ISSUANCE OF EIGHTY-SEVEN MILLION DOLLARS ($87,000,000) OF GENERAL OBLIGA-TION BONDS, SERIES 1999A-, OF THE CITY OF SHREVEPORT, STATE OF LOUISI-ANA; PRESCRIB-ING THE FORM, TERMS AND CONDI-TIONS OF SAID BONDS-; DESIGNAT-ING THE DATE, DENOMINA-TION AND PLACE OF PAY-MENT OF SAID BONDS; PRO-VID-ING FOR THE PAY-MENT THEREOF IN PRINCIPAL AND INTEREST; AND PROVID-ING FOR OTHER MATTERS IN CONNECTION THEREWITH.
BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority of said City, that:
SECTION 1. Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolu-tion.
"Bond" means any Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any Bond previously issued.
"Bond Register" means the records kept by the Paying Agent at its principal office in which registration of the Bonds and transfers of the Bonds- shall be made as provided herein.
"Bonds" means the Issuer's General Obligation Bonds, Series 1999A, autho-rized by this Resolution, in the total aggregate principal amount of Eighty-Seven Million Dollars ($87,000,000-).
"Code" means the Internal Revenue Code of 1986, as amended.
"Executive Officers" means, collec-tively, the Mayor, the Director of Finance and the Clerk of Council of the Issuer.
"Governing Authority" means the City Council of the City of Shreveport, State of Louisiana.
"Government Securities" means direct obligations of, or obliga-tions the principal of and interest on which are uncondi-tion-ally guaranteed by the United States of America, which are non-callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
"Interest Payment Date" means May 1 and November 1 of each year, commencing May 1, 2000.
"Issuer" means the City of Shreveport, State of Louisi-ana.
"Outstanding" when used with respect to Bonds means, as of the date of determina-tion, all Bonds thereto-fore issued and delivered under this Resolution, except:
1. Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancella-tion;
2. Bonds for which payment or redemption suffi-cient funds have been theretofore deposited in trust for the owners of such Bonds, provided that if such Bonds are to be redeemed, irrevocable notice of such redemp-tion has been duly given or provided for pursuant to this Resolution or waived;
3. Bonds in exchange for or in lieu of which other Bonds have been registered and deliv-ered pursuant to this Resolution;
4. Bonds alleged to have been mutilated, de-stroy-ed, lost or stolen which have been paid as provided in this Resolution or by law; and
5. Bonds for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means The Trust Company of Louisiana, in the City of Ruston, Louisiana, until a successor Paying Agent shall have been ap-pointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partner-ship, joint venture, association, joint-stock company, trust, unincorpo-rated organization or government or any agency or political subdivision thereof.
"Purchaser" means Merrill Lynch, of New York, New York, representing the original purchasers of the Bonds-.
"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 authorizing the issuance of the Bonds, as it may be supplemented and amended.
SECTION 2. Authorization of Bonds; Maturities. In compliance with the terms and provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitu-tional and statutory authority, and being authorized at a special election held on July 17, 1999, there is hereby authorized the incurring of an indebted-ness of Eighty-Seven Million Dollars ($87,000,000) for, on behalf of, and in the name of the Issuer, for the purpose of public buildings as follows: (i) $85,000,000 for constructing, acquiring and improving a convention center, and acquiring the necessary land, equipment and furnishings therefor, and (ii) $2,000,000 for constructing, acquiring, renovating and/or improving public buildings for multi-cultural and other public purposes, and acquiring the necessary land, equipment and furnishings therefor, title to which shall be in the public. To represent said indebtedness, this Govern-ing Authority does hereby authorize the issuance of Eighty-Seven Million Dollars ($87,000,000) of General Obligation Bonds, Series 1999A-, of the Issuer, which Bonds were authorized at the said election of July 17, 1999. The Bonds shall be in fully registered form, shall be dated November 1, 1999, shall be issued in the denomina-tion of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity and shall be numbered from R-1 upward. The unpaid principal of the Bonds 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, payable on each Interest Payment Date, commenc-ing May 1, 2000, at the follow-ing rates of interest and shall mature serial-ly on May 1 of each year as follows:
Year Principal Interest Rate Year Principal Interest Rate
(May 1) Maturing Per Annum (May 1) Maturing Per Annum
2001 $2,670,000 5.00 % 2011 $4,625,000 5.25%
2002 2,820,000 5.00 2012 4,885,000 5.25
2003 2,980,000 6.00 2013 5,165,000 5.25
2004 3,145,000 6.00 2014 5,455,000 5.25
2005 3,325,000 6.00 2015 5,765,000 5.25
2006 3,510,000 6.125 2016 6,090,000 5.25
2007 3,710,000 5.25 2017 6,435,000 5.75
2008 3,920,000 5.625 2018 6,800,000 5.80
2009 4,145,000 6.00 2019 7,180,000 5.85
2010 4,375,000 5.25
The principal of the Bonds-, upon maturity or redemption, shall be payable at the principal -office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check of the Paying Agent mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such trans-fer, exchange or substitution.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obliga-tory for any purpose, unless there appears on such Bond a certificate of registra-tion, substan-tially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), as registered owner of the Bonds, and held in the custody of DTC. The Director of Finance of the Issuer or any other officer of the Issuer is authorized to execute and deliver a Letter of Representation to DTC on behalf of the Issuer with respect to the issuance of the Bonds in "book-entry only" format. The Paying Agent is hereby directed to execute said Letter of Representation. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Bond Resolution and said Letter of Representation. A single certificate will be issued and delivered to DTC or its designee for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary herein, while the Bonds are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representa-tion.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
(a) DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days' notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law.
(b) The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer or the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this Bond Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SEC-TION 4. Redemption Provisions. The Bonds maturing on May 1, 2010, and thereafter, shall be callable for redemption at the option of the Issuer in full at any time on or after May 1, 2009 or in part in the inverse order of their maturities, and if less than a full maturity then by lot within such maturity, on any Interest Payment Date on or after May 1, 2009, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for.
In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Any Bond- which is to be re-deemed only in part shall be surrendered at the principal corpo-rate office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond-- or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surren-dered. Official notice of such call of any of the Bonds- for redemption shall be given by means of 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 Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 5. Registration and Transfer. The Issuer shall cause the Bond- Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond- Register, and such registra-tion shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond- or by other instruments of transfer and assignment accept-able to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond- or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond during a period beginning (i) at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date or (ii) with respect to Bonds to be redeemed, at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds- and ending on the date of such redemption.
SECTION 6. Form of Bonds. The Bonds and the endorse-ments to appear thereon shall be in substantially the following forms, respectively, to-wit:
(FORM OF BOND)
Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation ("DTC"), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO. or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.
As provided in the Bond Resolution referred to herein, until the ter-mination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Bond Resolution to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.
No. R-_____
Principal Amount $_________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF CADDO
GENERAL OBLIGATION BOND, SERIES 1999A
OF THE
CITY OF SHREVEPORT, STATE OF LOUISIANA
Maturity Date Interest Rate Bond Date CUSIP Number
May 1, ______ ______% November 1, 1999 __________
THE CITY OF SHREVEPORT, STATE OF LOUISIANA (the "Issuer"), promises -to pay to:
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT: ____________________________ DOLLARS
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on May 1 and November 1 of each year, commenc-ing May 1, 2000 (each an "Interest Payment Date"), at the Inter-est Rate per annum set forth above until said Principal Amount is paid, unless this Bond shall have been previous-ly called for redemption and payment shall have been duly made or provided for. The principal of and premium, if any, on this Bond, upon maturity or redemp-tion, is payable in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts at the principal office of The Trust Company of Louisiana, in the City of Ruston, Louisiana, or successor thereto (the "Paying Agent") upon presentation and surrender hereof. Interest on this Bond is payable by check or draft mailed on or before the Interest Payment Date by the Paying Agent to the registered owner at the address as shown on the registration books of the Paying Agent maintained for such purpose. The interest so payable on any Interest Payment Date will be paid to the person in whose name this Bond (or one or more predecessor Bonds) is registered at the close of business on the Record Date (which is the 15th calendar day of the month next preceding an Interest Payment Date). Any interest not punctually paid or duly provided for shall be payable as provided in the Bond Resolution (hereinafter defined).
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
FOR SO LONG AS THIS BOND IS HELD IN BOOK-ENTRY FORM REGIS-TERED IN THE NAME OF CEDE & CO. ON THE REGISTRATION BOOKS OF THE ISSUER KEPT BY THE PAYING AGENT, AS BOND REGISTRAR, THIS BOND, IF CALLED FOR PARTIAL REDEMPTION IN ACCORDANCE WITH THE BOND RESOLUTION, SHALL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMP-TION GIVEN IN ACCORDANCE WITH THE BOND RESOLUTION AT, AND ONLY TO THE EXTENT OF, THE REDEMPTION PRICE, PLUS ACCRUED INTEREST TO THE SPECIFIED REDEMPTION DATE; AND THIS BOND SHALL BE PAID, TO THE EXTENT SO RE-DEEMED, (i) UPON PRESENTATION AND SURRENDER THEREOF AT THE OFFICE SPECIFIED IN SUCH NOTICE OR (ii) AT THE WRITTEN REQUEST OF CEDE & CO., BY CHECK MAILED TO CEDE & CO. BY THE PAYING AGENT OR BY WIRE TRANSFER TO CEDE & CO. BY THE PAYING AGENT IF CEDE & CO. AS BONDOWNER SO ELECTS. IF, ON THE REDEMPTION DATE, MONEYS FOR THE REDEMPTION OF BONDS OF SUCH MATURITY TO BE REDEEMED, TOGETHER WITH INTEREST TO THE REDEMPTION DATE, SHALL BE HELD BY THE PAYING AGENT SO AS TO BE AVAILABLE THEREFOR ON SUCH DATE, AND AFTER NOTICE OF REDEMPTION SHALL HAVE BEEN GIVEN IN ACCORDANCE WITH THE BOND RESOLUTION, THEN, FROM AND AFTER THE REDEMPTION DATE, THE AGGREGATE PRINCIPAL AMOUNT OF THIS BOND SHALL BE IMMEDIATE-LY REDUCED BY AN AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT THEREOF SO REDEEMED, NOTWITHSTANDING WHETHER THIS BOND HAS BEEN SURRENDERED TO THE PAYING AGENT FOR CANCELLATION.
This Bond is one of an authorized issue aggre-gating in princi-pal the sum of Eighty-Seven Million Dollars ($87,000,000) (the "Bonds"), all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds-- having been issued by the Issuer pursuant to Resolution No. 259 of 1999 adopted by its governing author-ity on November 9, 1999 (the "Bond Resolu-tion"), for the purpose of public buildings as follows: (i) $85,000,000 for constructing, acquiring and improving a convention center, and acquiring the necessary land, equipment and furnishings therefor, and (ii) $2,000,000 for constructing, acquiring, renovating and/or improving public buildings for multi-cultural and other public purposes, and acquiring the necessary land, equipment and furnishings therefor, title to which shall be in the public, under the authority conferred by Article VI, Section 33 of the Constitu-tion of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and were authorized at an election held on July 17, 1999, the result of which election has been duly promulgated in accor-dance with law.
The Bonds are issuable only as fully registered bonds in the denomination of $5,000 principal amount or any integral multiple thereof within a single maturity, exchangeable for an equal aggregate principal amount of bonds of the same maturity of any other authorized denomination.
Subject to the limitations of and upon payment of the charges provided in the Bond Resolution, the transfer of this Bond may be registered on the registration books of the Paying Agent upon surrender of this Bond at the principal office of the Paying Agent as registrar, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Prior to due presentment for registration of transfer of this Bond, the Issuer and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and neither the Issuer nor the Paying Agent shall be bound by any notice to the contrary.
The Bonds maturing on May 1, 2010 and thereaf-ter, are callable for redemption at the option of the Issuer in full at any time on or after May 1, 2009, or in part in the inverse order of their maturities, and if less than a full maturity then by lot within such maturity, on any Interest Payment Date on or after May 1, 2009, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. In the event any Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds- for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemp-tion date addressed to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent.
The Bond Resolution permits, with certain exceptions as therein provided, the amendment thereof and the modifications of the rights and obligations of the Issuer and the rights of the owners of the Bonds at any time by the Issuer with consent of the owners of a 2/3 majority in aggregate amount of all Bonds issued under the Bond Resolution, to be determined in accordance with the Bond Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. Said Bonds are secured by a special ad valorem tax to be imposed and collected annually in excess of all other taxes on all the property subject to such taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana. It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana.
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of Louisiana as provided by law.
IN WITNESS WHEREOF, the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority thereof, has caused this Bond to be executed in the name of the Issuer by the manual or facsimile signatures of its Mayor, Clerk of Council and Director of Finance and its corporate seal to be impressed hereon.
CITY OF SHREVEPORT, STATE OF LOUISIANA
Clerk of Council Mayor
Director of Finance
(SEAL)
* * * * * *
(FORM OF SECRETARY OF STATE ENDORSEMENT -
TO BE PRINTED ON ALL BONDS)
OFFICE OF SECRETARY OF STATE
STATE OF LOUISIANA
BATON ROUGE
This Bond secured by a tax. Registered on this, the ___ day of _________, 1999.
Secretary of State
* * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION -
TO BE PRINTED ON ALL BONDS)
This Bond is one of the Bonds referred to in the within-mentioned Bond Resolution.
The Trust Company of Louisiana
Ruston, Louisiana
as Paying Agent
Date of Registration: By:
Authorized Officer
* * * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RE-CEIVED, the undersigned hereby sells, assigns and transfers unto _______________________________________________________________________________
Please Insert Social Security
| or other Identifying Number of Assignee |
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ________________________________________________________________________________
_____________________________________________ attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ___________ _______________________________________________
NOTICE: The signature to this assign-ment must corre-spond with the name as it appears upon the face of the within Bon-d in every particular, without alteration or enlarge-ment or any change whatever.
* * * * * *
(FORM OF LEGAL OPINION CERTIFICATE -
TO BE PRINTED ON ALL BONDS)
I, the undersigned Clerk of Council of the City of Shreveport, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinions of Foley & Judell, L.L.P., Bond Counsel, and McGhee, Auzenne & Associates, Co-Bond Counsel, the originals of which were manually executed, dated and issued as of the date of payment for and delivery of the original Bonds- of the issue described therein and were delivered to Merrill Lynch, --of New York, New York, representing the original purchaser thereof:
(Bond Printer Shall Insert Legal Opinions)
I further certify that executed copies of the above legal opinions are on file in my office, and that executed copies thereof have been furnished to the Paying Agent for this Bond-.
(facsimile) Clerk of Council
* * * * * *
[STATEMENT OF INSURANCE
TO BE PRINTED ON ALL BONDS]
* * * * * *
SECTION 7. Execution of Bonds. The Bonds- shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Clerk of Council of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 8. Registration of Bonds. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State in substantially the form set forth herein, provided that such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9. Pledge of Full Faith and Credit. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes a tax on all of the property subject to taxation within the territorial limits of the Issuer sufficient to pay the principal of and the inter-est on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer.
SECTION 10. Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid special tax and no other moneys whatsoever. The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least three (3) days in advance of each Interest Payment Date, funds fully sufficient to pay promptly the princi-pal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of depos-its 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 provi-sions of the laws of the State of Louisiana, in which event all income derived from such invest-ments shall be added only to the Sinking Fund.
SECTION 11. Application of Proceeds. The Executive Officers are hereby empow-ered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds- to be print-ed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds-, except accrued interest, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Sinking Fund to be applied to the first interest payment.
SECTION 12. Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obliga-tions of the Issuer and shall be the only representa-tions of the indebtedness as herein autho-rized and created.
SECTION 13. 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 Bonds 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 this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amend-ment of this Resolution, or of any resolution amendatory hereof or supple-mental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstand-ing; provided, however, that no modifi-cation or amendment shall permit a change in the maturity or redemption provisions of the Bonds-, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds.
SEC-TION 14. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds-, but this Resolution and the Bonds- shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitu-tional or statuto-ry provi-sions enacted after the date of this Resolution which vali-date or make legal any provision of this Resolution and/or the Bonds- which would not other-wise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 15. Recital of Regularity. This Governing Authority having investi-gated the regularity of the proceedings had in connection with the Bonds herein authorized and having deter-mined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond-- is autho-rized by and is issued in conformity with the re-quirements of the Consti-tution and statutes of the State of Louisiana."
SECTION 16. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is regis-tered as the Owner of such Bond for the purpose of receiv-ing payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoev-er, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECT-ION 17. Notices to Owners. Wherever this Resolution pro-vides for notice to Owners of Bonds- 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 Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particu-lar Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners 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 18. Cancellation of Bonds. All Bonds- surren-dered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be prompt-ly canceled by it and, if surren-dered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds- previously regis-tered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19. Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond- is surren-dered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfac-tion of the destruction, loss or theft of any Bond, 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 harm-less, then, in the absence of notice to the Issuer or the Paying Agent that such Bond 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, de-stroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amou-nt, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond 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 Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall consti-tute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond 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 Out-standing Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, de-stroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, de-stroyed, lost or stolen Bonds.
SEC-TION 20. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall other-wise be paid to the Owners, the principal (and redemption price, if any) of and interest on the Bonds, at the times and in the manner stipulat-ed in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all cove-nants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall there-upon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest install-ments for the payment or redemp-tion 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 redemption or otherwise) at the maturi-ty or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section, if they have been defeased pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 21. Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times main-tain a Paying Agent meeting the qualifica-tions herein-after described for the perfor-mance of the duties hereunder for the Bonds. The designa-tion of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer 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 or ordinance giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank organized and doing business under the laws of the United States of America or of any state, authorized under such laws to serve as Paying Agent, and subject to supervi-sion or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropri-ate Agree-ment with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signa-tures of said officers on such Agreement to be conclu-sive evi-dence of the due exercise of the authority granted hereunder.
SECTION 22. Arbitrage. The Issuer cove-nants and agrees that, to the extent permit-ted by the laws of the State of Louisiana, it will comply with the requirements of the Inter-nal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond- proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
The Executive Officers are hereby empow-ered, autho-rized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 23. Continuing Disclosure. The Director of Finance of the Issuer is hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H of the official statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 24. Bond Counsel and Co-Bond Counsel Employment. A real necessity is hereby found for the employment of bond counsel and special co-bond counsel in connection with the issuance of the aforesaid bonds, and accordingly Foley & Judell, L.L.P. is hereby employed as bond counsel and McGhee, Auzenne & Associates is hereby employed as special co-bond counsel to the Issuer and requested to do and perform comprehen-sive legal and coordinate professional work with respect to the issuance of the aforesaid bonds of the Issuer for the purposes stated hereinabove. Said Bond Counsel and Co-Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the bonds, shall counsel and advise this Governing Authority as to the issuance and sale of the bonds, and shall furnish their opinions covering the legality of the issuance thereof. The fee of special Bond Counsel and Co-Bond Counsel in connection with the issuance of the aforesaid bonds of the Issuer is hereby fixed at a sum not to exceed the maximum fee allowed by the Attorney General's fee guidelines for comprehensive legal and coordinate professional services in the issuance of general obligation bonds, based on the amount of said bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fee to be payable solely out of the funds derived from the sale of said bonds and to be contingent upon the issuance, sale and delivery of said bonds. Pursuant to instructions from the Chief Administrative Officer, Bond Counsel shall also assist in the preparation of an official statement containing detailed and comprehensive financial and statistical data required with respect to the sale of the aforesaid bonds; and the costs of the preparation and printing of such official statement shall be paid from the proceeds of the issue for which it has been prepared. Said official statement shall be submitted to such nationally recognized bond rating service or services as may be recommended by the Director of Finance, together with a request that an appropriate rating be assigned. Payment for all ratings shall be made by the Director of Finance, upon presentation of appropriate statements from the particular rating services furnishing the ratings. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fee herein designated, and the Director of Finance is hereby empowered and directed to make payment to said Bond Counsel and Co-Bond Counsel in payment of the fees herein provided for under the conditions herein enumerated.
SECTION 25. Special Disclosure Counsel Employment. Cook, Yancey, King & Galloway -is hereby employed as special disclosure counsel of the Issuer to perform all legal services as disclosure counsel in connection with the issuance of the aforesaid Bonds of the Issuer for the purposes stated hereinabove. The fee for such services shall be computed at an hourly rate not exceeding the amount provided by the guidelines for such services as approved by the Attorney General of the State of Louisiana, plus out-of-pocket expenses.
SECTION 26. Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.-
SECTION 27. Section Headings. The head-ings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Spigener passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
RESOLUTION NO. 260 OF 1999
A RESOLUTION AUTHORIZING THE DONATION OF CERTAIN EQUIPMENT TO THE DEPARTMENT OF PUBLIC ASSEMBLY AND RECREATION AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, David Myatt has expressed a desire to donate a Sport Court Tennis Court tile surface to City's Department of Public Assembly and Recreation ("SPAR"); and
WHEREAS, this donation is valued as approximately $21,905.00; and
WHEREAS, Section 26-186 of the Code of Ordinances provides that any donation over $5,000.00 may only be accepted with the approval of the Council; and
WHEREAS, this donation is conditioned upon the City agreeing to safeguard the court tile against theft; and
WHEREAS, this donation by David Myatt will enrich and improve services at the City's tennis facilities.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport in due, legal and regular session convened, that the Mayor of the City of Shreveport or his designee is hereby authorized to accept the donation of a Sport Court Tennis Court tile surface from David Myatt to City's Department of Public Assembly and Recreation subject to City's agreement to safeguard the tile surface from theft.
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 Shyne, seconded by Councilman Carmody passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
RESOLUTION NO. 261 OF 1999
A RESOLUTION PROVIDING FOR THE OPENING OF THE SEALED BIDS RECEIVED FOR THE PURCHASE OF EIGHTY-SEVEN MILLION DOLLARS ($87,000,000) OF GENERAL OBLIGATION BONDS, SERIES 1999A, OF THE CITY OF SHREVEPORT, STATE OF LOUISIANA, APPROVING THE OFFICIAL NOTICE OF BOND SALE AND OFFICIAL STATEMENT IN CONNECTION THEREWITH, AND AUTHORIZING THE MAYOR AND DIRECTOR OF FINANCE TO SIGN COPIES THEREOF AS EVIDENCE OF THE APPROVAL THEREOF.
BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Shreveport, State of Louisiana (the "Issuer"), that:
SECTION 1. This Governing Authority does now proceed in open and public session to open the sealed bids received for the purchase of Eighty-Seven Million Dollars ($87,000,000) of General Obligation Bonds, Series 1999A (the "Bonds"), of the Issuer, authorized at a special election held on July 17, 1999, and duly advertised for sale by virtue of a resolution adopted on September 28, 1999.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the Bonds, and the information contained therein, are hereby approved by this Governing Authority, and the Mayor and the Director of Finance of the Issuer are hereby authorized, empowered and directed to sign copies thereof as evidence of the approval of the Issuer.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Spigener passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
RESOLUTION NO. 262 OF 1999
RESOLUTION STATING THE CITY OF SHREVEPORT'S ENDORSEMENT OF AFS LOGISTICS, INC. TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA ENTERPRISE ZONE PROGRAM AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the Louisiana Enterprise Zone Act of 901 of 1981, Act 337 of 1982, Act 433 of 1987, Act 1024 of 1992, Act 581 of 1995, Act 624 of 1977, Act 647 of 1997 and Act 997 of 1999;
WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the state, and;
WHEREAS, AFS Logistics, Inc. is located in Census Tract 239.03 Block Group 2 , which is a designated Enterprise Zone, and;
WHEREAS, said business will employ a minimum of 35% of its employees from the distressed groups targeted by the Enterprise Zone, and;
WHEREAS, the City of Shreveport states this endorsement is in agreement with the Overall Economic Development Plan for the parish, and;
WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed, and;
WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements the City of Shreveport agrees:
1. To participate in the Enterprise Zone Program
2. To assist the Department in evaluating progress made in any Enterprise Zone within its
jurisdiction
3. To REBATE all applicable local sales / use taxes on the purchase of eligible construction materials, machinery, and equipment purchased for this project and used by a business permanently on that site.
BE IT RESOLVED by the City of Shreveport, in due, regular, and legal session convened that on this 9th day of November 1999 that ASF LOGISTICS, INC. and their project CONSTRUCTION OF AFS LOGISTICS, INC. FACILITY, Enterprise Zone Application # 19990351, is endorsed to participate in the Louisiana Enterprise Zone Program.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the
application thereof is held invalid, such invalidity shall not affect other 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 Huckaby passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
RESOLUTION NO. 268 OF 1999
A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SHREVEPORT CONVENTION CENTER PROJECT, PARCEL NO: P-1, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the City of Shreveport has developed the Shreveport Convention Center Project; 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: P-1 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: P-1, 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 Stewart, seconded by Councilman Huckaby passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
INTRODUCTION OF RESOLUTIONS:
INTRODUCTION OF ORDINANCES:
(Clerk's Note: C-80-87 appeared on the agenda as an ordinance which was inadvertently numbered Ordinance No. 203 of 1999. See Council action pertaining to this case as reflected under New Business.)
ZONING: C-80-87, THE SALVATION ARMY, 1306 Cornwell Street, site plan approval for dormitory residences (homeless shelter).
Read by title and as read motion by Councilman Shyne, seconded by Councilman Huckaby for Introduction of the Resolutions and Ordinances to lay over until the November 23, 1999 meeting. Motion passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
ORDINANCES ON SECOND READING AND FINAL PASSAGE:
Having passed first reading on September 14, 1999 was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Stewart to postpone the ordinance until the November 23, 1999, meeting, seconded by Councilman Carmody.
Councilman Stewart: Mr. Carmody and I met on several instances since this abuts his district. We were in a position where we felt that we could have a recommendation today, which we do have. But at the suggestion and direction of Mr. Thompson, a slight amount of additional research is necessary for us to be in position to have something that is in fact correct. We will have each of you aware and notified prior to the next meeting and I appreciate your indulgence.
Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.
Having passed first reading on October 26, 1999 was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded by Councilman Spigener for adoption. The Deputy Clerk read the following amendment:
Amend the ordinance as follows:
In Section 2 (Appropriations):
Increase Finance Contractual Services by $150,000.
Decrease Finance Improvements and Equipment by $150,000.
Motion by Councilman Carmody, seconded by Councilman Shyne for adoption of the amendment. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Motion by Councilman Shyne, seconded by Councilman Huckaby for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Having passed first reading on October 26, 1999 was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Huckaby, seconded by Councilman Shyne for adoption.
Councilman Huckaby: This project is in my district and I think it is a good project, good for the community, and I ask for your support.
Ordinance adopted by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Mr. Thompson: We would ask and I believe that the Administration concurs that Ordinance No. 169, 170, and 171 would be postponed. We have a contract that is on the agenda that will be considered at the next meeting that ties in with all of these and we think that it would be appropriate to take all of it up at the same time.
Having passed first reading on October 26, 1999 was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, seconded by Councilman Shyne to postpone Ordinance Nos. 169, 170, and 171 until the November 23, 1999 meeting. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Having passed first reading on October 26, 1999 was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Spigener, seconded by Councilman Shyne adopted by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Having passed first reading on October 26, 1999 was read by title and as read on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne to postpone Ordinances Nos. 173 through 197 until the November 23, 1999, meeting, seconded by Councilman Spigener. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
The adopted Ordinances as amended follows:
ORDINANCE NO. 167 OF 1999
AN ORDINANCE AMENDING THE 1999 GENERAL FUND BUDGET, APPROPRIATING THE FUNDS THEREIN, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, Article 4, Section 4.18 of the City Charter provides for the amendment of a previously adopted budget; and
WHEREAS, the City Council finds it necessary to amend the 1999 General Fund budget, to reallocate funds within budgeted categories and for other purposes.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 193 of 1998, as amended, the 1999 General Fund Budget, be amended and re-enacted as follows:
In Section 2, Appropriations:
Fire:
Decrease Personal Services by $15,000.
Increase Contractual Services by $15,000.
In Section 2 (Appropriations):
Increase Finance Contractual Services by $150,000.
Decrease Finance Improvements and Equipment by $150,000.
Amend Section 7 to read as follows:
7. City Marshal's Salary - The salary paid to the City Marshal by the City of Shreveport shall be $65,064 per annum from January 1, 1999 through June 30, 1999. From July 1, 1999 through December 31, 1999, his salary shall be $72,000 per annum.
BE IT FURTHER ORDAINED that paragraphs 3, 4, 5, 6 and 8 of Ordinance No. 193 of 1998 are hereby re-enacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications; and, to this end, the provisions of this ordinance are hereby declared severable.
/s/Roy Allen Burrell, Chairman
/s/Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 168 OF 1999
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED ON THE SE'LY SIDE OF MARTIN LUTHER KING DRIVE, 1,300 FEET EAST OF REAR MONTANA, SHREVEPORT, CADDO PARISH, LOUISIANA, FROM R-1H, URBAN, ONE-FAMILY RESIDENCE DISTRICT TO R-1H-E, URBAN, ONE-FAMILY RESIDENCE/ EXTENDED USE DISTRICT LIMITED TO "AN ADULT DAY HEALTH CARE CENTER AND COMPLEMENTARY SERVICES" ONLY, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of the NE'ly 82.5 feet of Lot 18, less the NE'ly 41.25 feet of the NW'ly 140 feet thereof and less R/W, Jones-Mabry Subdivision, and SW'ly 182.34 feet of SE'ly 295 feet of Lot 19, less the NE'ly 26 feet of the SW'ly 81 feet of the NW'ly 26 feet, Jones-Mabry Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the SE'ly side of Martin Luther King Drive, 1,300 feet east of Rear Montana, be and the same is hereby changed from R-1H, Urban, One-Family Residence District to R-1H-E, Urban, One-Family Residence/Extended Use District limited to "an adult day health care center and complementary services" only.
SECTION II: THAT the rezoning of the property described herein is subject to compliance with the following stipulations:
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.
/s/Roy Allen Burrell, Chairman
/s/Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 172 OF 1999
AN ORDINANCE TO AMEND CHAPTER 82 OF THE CODE OF ORDINANCES, AS AMENDED, THE CITY OF SHREVEPORT SUBDIVISION ORDINANCE, BY AMENDING SECTION 82-26 TO MODIFY THE DEFINITION OF THE DESIGN STANDARDS REVIEW COMMITTEE, AND BY OTHERWISE PROVIDING WITH RESPECT THERETO.
BE IT ORDAINED by the City Council of the City of Shreveport, Louisiana, in due, legal and regular session convened, that Section 82-26 of Chapter 82 of the Code of Ordinances, as amended, the City of Shreveport Subdivision Ordinance, is hereby amended and reenacted by amending the definition of "design standards review committee" to read as follows:
"Design standards review committee means a committee made up of the Planning Director, the City Engineer, the Director of the Operational Services Department and the chair of the Planning Commission or their respective designees, for the purpose of reviewing and making recommendation with respect to subdivision design and improvement standards."
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.
/s/Roy Allen Burrell, Chairman
/s/Arthur G. Thompson, Clerk of Council
UNFINISHED BUSINESS (the legislation remained tabled):
1. Ordinance No. 152 of 1999: An ordinance adopting the 2000 General Fund Budget appropriating the funds authorized therein and otherwise providing with respect thereto.
2. Ordinance No. 153 of 1999: An ordinance adopting the 2000 Capital Improvements Budget in accordance with Section 7.03 of the City Charter, appropriating the funds authorized therein and otherwise providing with respect thereto.
3. Ordinance No. 154 of 1999: An ordinance adopting the 2000 Budget for Water and Sewerage Enterprise Fund, appropriating the funds authorized therein and otherwise providing with respect thereto.
4. Ordinance No. 155 of 1999: An ordinance adopting the 2000 Airports Budget, appropriating the funds authorized therein and otherwise providing with respect thereto.
5. Ordinance No. 156 of 1999: An ordinance adopting the 2000 Budget for the Retained Risk Internal Service Fund Budget, appropriating the funds authorized therein and otherwise providing with respect thereto.
6. Ordinance No. 157 of 1999: An ordinance adopting the 2000 Budget for the Golf Enterprise Fund, appropriating the funds authorized therein and otherwise providing with respect thereto.
7. Ordinance No. 158 of 1999: An ordinance adopting the 2000 Metropolitan Planning Commission's Special Revenue Fund Budget, appropriating the funds authorized therein and otherwise providing with respect thereto.
8. Ordinance No. 159 of 1999: An ordinance adopting the 2000 Budget funding contractual services provided to SporTran by the Metro Management Associates, Inc., appropriating the funds authorized therein and otherwise providing with respect thereto.
9. Ordinance No. 160 of 1999: An ordinance adopting the 2000 Debt Service Fund Budget, appropriating the funds authorized therein and otherwise providing with respect thereto.
10. Ordinance No. 161 of 1999: An ordinance adopting the 2000 budget for the Community Development Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect thereto.
11. Ordinance No. 162 of 1999: An ordinance adopting the 2000 budget for the Riverfront Development Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect.
12. Ordinance No. 163 of 1999: An ordinance adopting the 2000 budget for the Police Grants Special Revenue Fund, appropriating the funds authorized therein and otherwise providing with respect thereto.
13. Ordinance No. 164 of 1999: An ordinance adopting the 2000 budget for the Fleet Services Internal Service Fund budget, appropriating the funds authorized therein and otherwise providing with respect thereto.
NEW BUSINESS:
Motion by Councilman Stewart to postpone the application until the November 23, 1999 meeting, seconded by Councilman Spigener. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Councilman Spigener: I believe that this is a good recommendation and it has been approved by the MPC and I would ask that you vote to approve this.
Motion by Councilman Spigener to approve the application, seconded by Councilman Carmody. Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
(Clerk's Note: Action occurred under Introduction of Ordinances) Motion by Councilman Stewart to suspend the rules to consider Item No. 203, seconded by Councilman Carmody. Motion passed by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Councilman Stewart: Is it appropriate for us at this juncture to vote on this item? Mr. Thompson: Yes, an explanation might be in order. I believe that we faxed to everybody a memo today concerning this item and I hope that everybody got it. We inadvertently put it on the agenda as an ordinance, however there is no ordinance to be considered at this time. The only thing that the Council has to do is to approve or not approve a site plan for the Salvation Army complex on Stoner Avenue. That is the only action that is required of the Council and that can be taken up at this time.
Councilman Stewart: And it would be appropriate for me to move for approval on Item No. 203, at this time? Mr. Thompson: Yes, Mr. Stewart. I think that the motion might be that: a motion to concur with the MPC's decision as it relates for the site plan for this matter for the Salvation Army site.
Motion by Councilman Stewart for approval of Item No. 203 in concurrence with the MPC decision and recommendation, seconded by Councilman Shyne.
Councilman Stewart: I appreciate the indulgence here. This was an incidental error but by addressing it at this time, this allows the Salvation Army to move forward in a more rapid posture; I appreciate ya'll support.
Motion approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES. None.
CLERK'S REPORT:
Letters of Appeal:
COMMUNICATIONS AND MISCELLANEOUS MATTERS.
The Council resolved itself into Committee of the Whole on motion by Councilman Shyne, seconded by Councilman Stewart and approved by the following vote: Ayes: Councilman Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Serio. 1.
Motion by Councilman Spigener, seconded by Councilman Carmody that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Ayes: Councilman Huckaby, Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Out of Chamber: Councilman Stewart. 1. Absent: Councilman Serio. 1.
There being no further business to come before the Council, the meeting adjourned at 4:40 p.m.
/s/Roy Allen Burrell, Chairman
/s/Arthur G. Thompson, Clerk of Council