Agenda Sulphur City Council Meeting Monday, May 10, 2021 at 5:30 P.M

AGENDA SULPHUR CITY COUNCIL MEETING MONDAY, MAY 10, 2021 AT 5:30 P.M.

THERE WILL BE A REGULAR MEETING OF THE SULPHUR CITY COUNCIL MONDAY, MAY 10, 2021 AT 5:30 P.M., IN THE COUNCIL CHAMBERS LOCATED AT 500 NORTH HUNTINGTON STREET, SULPHUR, LOUISIANA, TO DISCUSS AND ADOPT THE FOLLOWING:

CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF PREVIOUS MEETING APPROVAL OF AGENDA

1. RESOLUTION electing a new Chairman and Vice-Chairman for City Council. RES23-21 (Mike Koonce)

2. PROCLAMATION to Mickey Smith, Jr., Maplewood Middle School band director. I05-21 (Mayor Danahay)

3. PROCLAMATION to Tommy Little for receiving 2021 Champions of Service award for volunteer work. I06-21 (Mayor Danahay)

4. RESOLUTION awarding low bid received for the Verdine Water Treatment Improvement Program Phase 2A – Procurement of New Eight (8) Foot Diameter Manganese Greensand Pressure Filters. RES24-21 (Mayor Danahay)

5. PUBLIC HEARING on ordinance authorizing Mayor Mike Danahay to sign Cooperative Endeavor Agreement with the Calcasieu Parish Police Jury for Summer Feeding Program. ORD33-21 (Mayor Danahay)

6. PUBLIC HEARING on ordinance entering into a Cooperative Endeavor Agreement with Calcasieu Parish Police Jury for the overlay of Maplewood Drive from Prater Road to Walcott Road. ORD34-21 (Mayor Danahay)

7. PUBLIC HEARING on ordinance amending and re-adopting the General Fund Budget for Fiscal Year ending June 30, 2021. ORD35-21 (Mayor Danahay)

8. PUBLIC HEARING on ordinance adopting the annual budget of revenues and expenditures for the fiscal year July 1, 2021 to June 30, 2022 for the City of Sulphur, Louisiana. ORD36-21 (Mayor Danahay)

9. PUBLIC HEARING on ordinance declaring certain surplus movable property of the City of Sulphur and providing for the disposal thereof. ORD37-21 (Mayor Danahay)

10. PUBLIC HEARING on ordinance rescinding Ordinance No. 1670, M-C Series which set forth garbage/trash collection fees charged by the City. ORD38-21 (Mayor Danahay)

11. PUBLIC HEARING on ordinance amending Ordinance No. 1670, M-C Series to set forth Garbage/Trash Collection Fees charged by the City. ORD39-21 (Mayor Danahay)

12. PUBLIC HEARING on ordinance amending Ordinance No. 1218 M-C Series, adopted June 9, 2014 which set forth a Capital Recovery Fee charged by the City. ORD40-21 (Mayor Danahay)

13. PUBLIC HEARING on ordinance amending Appendix B, Article IV, Part 2 to provide for Section 10 – Borrow Pits and Ponds. ORD41-21 (Mayor Danahay)

14. INTRODUCTION OF ORDINANCE authorizing Mayor Danahay to sign the LA DOTD maintenance agreement for mowing and litter pickup for Fiscal Year ending June 30, 2022. ORD42-21 (Mayor Danahay)

15. RESOLUTION amending Resolution No. 3043, M-C Series, to include the festival Chamber Fest. RES25-21 (Mayor Danahay)

16. RESOLUTION authorizing the advertisement of bids for Smith Road and Archie Road Rehabilitation. RES26-21 (Mayor Danahay)

17. RESOLUTION approving liquor license for West Calcasieu Chamber of Commerce for Chamber Red, White & Run 5K. RES27-21 (Mayor Danahay)

18. RESOLUTION accepting the Municipal Water Pollution Prevention Environmental Audit Report. RES28-21 (Mayor Danahay)

19. Public Comment. 3 MINUTES PER SPEAKER - ONLY SPEAK 1 TIME PER ITEM

This ends the public comment section of the meeting.

ADJOURNMENT

The next regular City Council meeting will be held on Monday, June 14, 2021 at 5:30 p.m. in the Council Chambers located at 500 North Huntington Street, Sulphur, LA.

In accordance with the Americans with Disabilities Act, if you need special assistance to attend this meeting, please contact Arlene Blanchard at 527-4571, describing the assistance that is necessary. RESOLUTION NO. , M-C SERIES

Resolution electing a Chairman and Vice-Chairman for City Council.

BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby elect Joy Abshire as Chairman and Mandy Thomas as Vice-Chairman for City Council.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _____ day of ______, 2021.

______, Chairman

ATTEST:

______ARLENE BLANCHARD, Clerk

ORDINANCE NO. , M-C SERIES

ORDINANCE AUTHORIZING MAYOR DANAHAY TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH CALCASIEU PARISH POLICE JURY FOR SUMMER FEEDING PROGRAM.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Mike Danahay to sign Cooperative Endeavor Agreement with the Calcasieu Parish Police Jury for Summer Feeding Program.

BE IT FURTHER ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2- 13(C) of the Home Rule Charter of the City of Sulphur.

APPROVED AND ADOPTED by City Council of the City of Sulphur, Louisiana, on this ____ day of ______, 2021. ______MIKE KOONCE, Chairman

I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______o’clock ___.m. presented to the Mayor on this on this ______day of ______, ____ day of ______, 2021, the foregoing ordinance which has 2021, at _____ o’clock ____.m. approved/vetoed by the Mayor.

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

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COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE CALCASIEU PARISH POLICE JURY AND THE CITY OF SULPHUR

STATE OF LOUISIANA PARISH OF CALCASIEU

THIS AGREEMENT is hereby made and entered into this ______day of ______2021, by and between the CALCASIEU PARISH POLICE JURY, hereinafter referred to as "PARISH," a political subdivision of the State of Louisiana, represented herein by its duly authorized President, Brian Abshire, and the CITY OF DEQUINCY, hereinafter referred to as “CITY,” a political subdivision of the State of Louisiana, and represented herein by its duly authorized Mayor, Mike Danahay.

WHEREAS, Article VII, Section 14(C) of the Constitution of the State of Louisiana provides that “for a public purpose, the State and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual:”

WHEREAS, the PARISH has the authority under Louisiana Revised Statute 33:1236 to provide certain social programs for the benefit of the citizens of the PARISH:

WHEREAS, the PARISH has agreed to sponsor a Summer Food Service Program, hereinafter referred to as “PROGRAM,” in coordination with the Calcasieu Parish School Board, area municipalities, and other community-based organizations in Calcasieu Parish;

WHEREAS, the CITY desires to cooperate with the PARISH in providing advertising assistance for the PROGRAM;

WHEREAS, the PARISH and the CITY consider the public benefit of providing nutritious meals to children who would otherwise not have access to the meals to be proportionate to the costs associated with this activity.

NOW THEREFORE, the PARISH and the CITY do mutually agree to the following terms and conditions of this agreement:

1. Scope of Agreement

The PARISH and the CITY hereby agree to the following:

A. CITY Obligations

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i. The CITY will provide funding assistance in the amount of five thousand dollars ($5,000.00) by May 30, 2021 in support of the operation of the PROGRAM. ii. The CITY will provide assistance in promoting the availability of the PROGRAM by advertising the PROGRAM on media outlets that may be available to the CITY.

B. Parish Obligations

i. The PARISH will administer the PROGRAM on behalf of the CITY by working with the Louisiana Department of Education and the PARISH and will adhere to all policies and procedures applicable in administering the PROGRAM. ii. The PARISH will provide at least one (1) open feeding site inside the city limits of the CITY. iii. The PARISH will be responsible for hiring and paying persons to work in any aspect of the PROGRAM operations. iv. The PARISH will include the CITY’S logo on all PROGRAM advertisements. v. The PARISH will host an annual training for all PROGRAM employees. vi. The PARISH will provide its own waste dumpsters at each site.

2. Term of Agreement

The initial term of this agreement shall commence upon execution of this agreement and shall continue until July 31, 2021.

3. Payment Terms

The CITY agrees to pay the PARISH five thousand dollars ($5,000.00) by May 30, 2021. The PARISH is responsible for the remainder of the PROGRAM costs.

If this agreement extends beyond the current fiscal year and notwithstanding anything to the contrary and when applicable, both parties acknowledge and agree that pursuant to the applicable state law, this agreement is subject to an annual appropriation dependency requirement to the effect that the renewal of this agreement is contingent upon the appropriation of funds by either party to fulfill any future payment requirements of this agreement. If either party fails to appropriate sufficient monies to provide for any future payment requirements under this agreement, this agreement shall terminate on the last day of the last fiscal year for which funds were appropriated.

4. Amendments and Assignments

If there is a need to review and/or revise this agreement, the requesting party shall submit a written amendment to the other party, with the understanding that no amendment to this agreement shall be valid unless it is agreed and signed by both parties. This agreement shall not be assignable by either party without written consent of the other, except for assignment resulting from merger, consolidation, or reorganization of the assigning party. Page 3 of 10

5. Records and Audits

It is understood that this agreement will be utilized as part of a federal reimbursement grant (United States Department of Agriculture: Office of Food and Nutrition Service – Summer Food Service Program for Children (SFSP) – CFDA 10.559) and therefore both parties agree to maintain accounts and records, including personnel, property and financial records, adequately to identify and account for all costs pertaining to this agreement and to ensure full compliance with the requirements of the above grant.

For audit purposes, all records will be made available by both parties to any authorized representative of either party and said records will be retained for three (3) years from the final contractual payment under this agreement. It is also agreed that all records shall be made available to either party at no additional charge for such information. If any confidential information is obtained during the course of this agreement, both parties agree not to release that information without the approval of the other party unless instructed otherwise by court order, grantor, auditor, public information request or as required by law.

Act 290 of the 2011 Legislative Session requires that a governmental entity that provides funding to a quasi-public agency or body shall notify each such quasi-public agency or body of the requirement to provide the Legislative Auditor with the name of the individual responsible for filing annual financial reports with the Legislative Auditor. The quasi-public agency or body shall notify the Legislative Auditor of the name and address of the person so designated.

In compliance with grantor and national policy requirements, including the above referenced federal grant requirements, both parties agree to adhere to the following regulations, where applicable:

(a) Federally Required Contractual Provisions:

(1) Administrative, Contractual or Legal Remedies are required in all contracts in excess of the simplified acquisition threshold amount that are funded with federal funds and are addressed in various sections of this agreement, (2) Termination Provision requires all contracts in excess of $10,000 to contain a provision for termination of the contract for cause or convenience and this provision is addressed in Section 8 of this agreement, (3) For all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3, Equal Employment Opportunity (See Exhibit A), including Executive Order 11246 which was further amended by Executive Order 11375, which requires equal opportunity for all persons, without regard to race, color, religion, sex or national origin, employed or seeking employment with government contractors or with contractors performing under federally assisted construction contracts,

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(4) For all construction contracts in excess of $2,000 and required by federal grant regulations, Davis Bacon Act1 which requires payments of wages for laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor and said wage payments will be made at least weekly, (5) For all applicable contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contract Work Hours and Safety Standards Act which prohibits certain unsanitary, hazardous or dangerous working conditions and requires that wages of every mechanic and laborer to be on the basis of a standard work week of forty hours with any work in excess of forty hours per week to be compensated at a rate of not less than one and one-half times the basic rate of pay, (6) For all contracts that meet the definition of “funding agreement” under 37 CFR Part 401.2(a) and involve a contract with a small business firm or nonprofit organization regarding the assignment or performance of experimental, developmental or research work must comply with the Rights to Inventions Made Under a Contract or Agreement contained in 37 CFR Part 401, (7) All contracts, subcontracts and sub-grants in excess of $150,000 must contain a provision which requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act, (8) Debarment and Suspension (Executive Orders 12549 and 12689 and 2 CFR Part 180) which prohibit the contracting with any party listed on the “System for Award Management” (SAM), formerly identified as the “Excluded Parties List System” (EPLS.gov), which identifies all parties that have active exclusions (i.e. suspensions, debarments) imposed by a federal agency, (9) Byrd Anti-Lobbying Prohibition (31 U.S.C. 1352) prohibits the use of federal funds to pay any person or organization for influencing or attempting in influence anyone with any federal contract, grant or other award covered by 31 U.S.C. 1352 and also requires that Contractors that apply or bid for an award exceeding $100,000 where federal funds are used must file the required certification stating that the parties will not and have not used federal funds to pay any person or organization for influencing or attempting to influence anyone with any federal contract, grant, or other award covered by 31 U.S.C. 1352, and (10) Procurement of Recovered Materials as required by 2 CFR Part 200.322 which requires procurements in excess of $10,000 to contain the highest percentage of recovered materials practicable while consistent with maintaining a satisfactory level of competition.

(b) National Policy Requirements:

(1) Civil Rights Act of 1964, including Title VI, which generally speaking, states that no person shall on the grounds of race, color or national origin shall be excluded

1 Davis Bacon Act is not applicable to this agreement. Page 5 of 10

from participation in, be refused the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance, (2) Age Discrimination Act of 1975 which prohibits discrimination based on age in programs or activities receiving federal financial assistance, (3) Section 504 of the Rehabilitation Act of 1973, if specifically required by the federal agency, which prohibits the exclusion of an otherwise qualified individual because of a disability in programs receiving federal financial assistance including program accessibility, accessible new construction and alterations, reasonable accommodations and effective communication with hearing and visually disabled (this requirement may vary with each federal agency), (4) National Environmental Policy Act which prohibits any activities that will have an adverse impact on the environment, (5) Energy Policy and Conservation Act which require the contractors to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan, (6) Reporting Provision requires that all contracts should include a requirement that the contractor assist the Parish, when applicable, with any awarding agency requirements and regulations pertaining to reporting, (7) Records Access Provision which reserves the rights of the PARISH, state or federal grantors, the Comptroller General of the United States, or any duly authorized representative of the aforementioned to have access to any books, documents, papers or records of the CITY that are directly pertinent to this agreement for the purpose of making audit examination excerpts and transcriptions and is further discussed in the first part Section 5 of this agreement, (8) Record Retention Provision requires that any contract executed must include a provision that all required records will be maintained by the contractor/firm for a minimum period of three years after the Parish formally closes out each federal program (Parish grant managers should verify the three year record retention period with each respective grant agency to ensure that a longer period is not required), and (9) 2013 National Defense Authorization Act (41 United States Code (U.S.C.) 4712, Pilot Program for Enhancement of Recipient and Subrecipient Employee Whistleblower Protection) subjects any subawards and contracts over the federal simplified acquisition threshold to the provisions of the above act regarding rights and remedies for employee whistleblower protections.

In compliance with Section 5(a)(8) above, the CITY also confirms that it is not a party listed on the “System for Award Management” (SAM) formerly identified as the “Excluded Parties List System” (EPLS.gov) for parties debarred, suspended or otherwise excluded from contracting on any projects involving federal funds. The CITY also agrees to provide immediate notice, but in no case later than three (3) business days, after being notified that the CITY, or any subcontractor, has been added to the “System for Award Management” or otherwise been disbarred from contracting on any projects involving federal funds. In no event shall CITY utilize a subcontractor at any time during the duration of this agreement who has been disbarred from contracting on any projects involving federal funds. If the CITY is Page 6 of 10

prohibited in any way from contracting on any projects involving federal funds at any time during the duration of this agreement then the CITY may, at its sole discretion, immediately implement the termination provisions discussed in Section 7 below.

6. Liability and Indemnity

This agreement is intended for the benefit of the PARISH and the CITY and does not confer any rights upon any other third parties. All rights by and between the PARISH and the CITY are limited to the actions outlined in the applicable local, state and federal laws, regulations and policies.

The PARISH will indemnify, defend, and hold harmless the CITY, including the CITY’S employees and agents, from and against any and all claims or liabilities arising from the fault of the PARISH, its employees or agents in carrying out the PARISH’S duties and obligations under the terms of this agreement. The CITY will indemnify, defend, and hold harmless the PARISH, including the PARISH’S employees and agents, from and against any and all claims or liabilities arising from the fault of the CITY, its employees or agents in carrying out the CITY’S duties and obligations under the terms of this agreement. This section will survive the termination of this agreement. In the event that either party takes any action to enforce this mutual indemnity provision, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs arising as a result thereof.

7. Termination of Agreement and Dispute Resolution

While both parties agree to negotiate all contractual disputes in good faith, the PARISH and the CITY both reserve the right to terminate this agreement at any time upon written notice of termination. If the parties are unable to independently and satisfactorily resolve any disagreement then both parties agree that any contractual disagreement will be resolved under the jurisdiction of the 14th Judicial District Court for Calcasieu Parish, Louisiana. In the event that court action is necessary then the parties agree that whoever prevails in the litigation is entitled to reasonable attorney’s fees and costs as fixed by the Court.

8. Severability, Entire Agreement and Captions

This agreement shall be governed by and construed in accordance with the laws of the State of Louisiana. If any provision of this agreement is held invalid, void or unenforceable under any law or regulation or by a court of competent jurisdiction, such provision will be deemed amended in a manner which renders it valid, or if it cannot be so amended, it will be deemed to be deleted. Such amendment or deletion will not affect the validity of any other provision of this agreement. This agreement, any attached documents, and any referenced documents represent the entire agreement between the PARISH and the CITY and supersede all prior negotiations, representations or agreements, either written or oral. In the event of a conflict between this agreement and other documents, the terms of this agreement shall control.

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Each paragraph of this agreement has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any paragraph or in any way determine its interpretation.

9. No Authorship Presumptions

The PARISH and the CITY have had an opportunity to negotiate the language of this agreement in consultation with legal counsel prior to its execution. No presumption shall arise or adverse inference be drawn by virtue of authorship. The PARISH and the CITY hereby waive the benefit of any rule of law that might otherwise be applicable in connection with the interpretation of this agreement, including but not limited to, any rule of law to the effect that any provision of this agreement shall be interpreted or construed against the party who (or whose counsel) drafted that provision. The rule of no authorship presumption set forth in this paragraph is equally applicable to any person that becomes a party by reason of assignment and/or assumption of this agreement and any successor to a signatory party.

10. Address of Notices and Communications

All notices between the PARISH and the CITY provided for pursuant to this agreement shall be in writing. The name and address of the PARISH'S representative is:

Mr. Bryan C. Beam, Administrator Calcasieu Parish Police Jury P.O. Box 1583 Lake Charles, Louisiana 70602

The name and address of the CITY'S representative is:

Honorable Mike Danahay, Mayor City of Sulphur 101 N. Huntington Street Sulphur, Louisiana 70663

In the event that the mailing address of the PARISH or the CITY changes during the terms of this agreement, or that there is a change in the designated points of contact, the party with the address change or change of contact shall immediately notify the other party of the change.

[The remainder of this page is intentionally left blank.]

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THUS DONE AND SIGNED on the ____ day of ______2021, in Lake Charles, Louisiana, and in the presence of the undersigned witnesses and Notary Public, after a due reading of the whole.

WITNESSES: CALCASIEU PARISH POLICE JURY:

BY: Witness Signature BRIAN ABSHIRE, PRESIDENT

Printed Witness Name

Witness Signature

Printed Witness Name

______NOTARY PUBLIC

______Notary Printed/Stamped Name and Identification Number

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THUS DONE AND SIGNED on the ____ day of ______2021, in ______, Louisiana, and in the presence of the undersigned witnesses and Notary Public, after a due reading of the whole.

WITNESSES: CITY OF SULPHUR:

BY: Witness Signature MIKE DANAHAY, MAYOR

Printed Witness Name

Witness Signature

Printed Witness Name

______NOTARY PUBLIC

______Notary Printed/Stamped Name and Identification Number

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ORDINANCE NO. , M-C SERIES

ORDINANCE AUTHORIZING MAYOR MIKE DANAHAY TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH CALCASIEU PARISH POLICE JURY FOR THE OVERLAY OF MAPLEWOOD DRIVE FROM PRATER ROAD TO WALCOTT ROAD.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Danahay to enter into a Cooperative Endeavor Agreement with Calcasieu Parish Police Jury for the overlay of Maplewood Drive from Prater Road to Walcott Road.

BE IT FURTHER ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2-13(C) of the Home Rule Charter of the City of Sulphur.

APPROVED AND ADOPTED by City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______MIKE KOONCE, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. , M-C SERIES

AN ORDINANCE AMENDING AND RE-ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2021.

BE IT ORDAINED by the City of Sulphur, Louisiana, through its governing body, the City Council of the City of Sulphur, Louisiana, as follows:

SECTION 1. That the General Fund Budget of the City of Sulphur, Louisiana, for the fiscal year ending June 30, 2021, heretofore adopted by the City Council, be and the same is hereby amended and re-adopted in accordance with “Exhibit A” attached hereto and made a part hereof.

SECTION 2. All ordinances and resolutions or parts thereof in conflict herewith be and the same are hereby repealed.

BE IT FURTHER ORDAINED that this Ordinance shall become effective upon approval by the Mayor.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______MIKE KOONCE, Chairman

I HEREBY CERTIFY that the foregoing I HEREBY CERTIFY that I have received Ordinance has been presented to the from the Mayor on this ____ day of Mayor on this ____ day of ______, ______, 2021, at ______o’clock 2021, at ______o’clock ____.m. ____m., the foregoing Ordinance which has been approved/vetoed by the Mayor.

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. M-C SERIES

AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF REVENUES AND EXPENDITURES FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022, FOR THE CITY OF SULPHUR, LOUISIANA.

BE IT HEREBY ORDAINED by the City Council, City of Sulphur, Louisiana, in general session convened, that:

SECTION I. The attached estimate of revenues as reflected in the summary and such other fiscal exhibits and information as required by Section 1308(D), Louisiana Local Government Act, be and the same, is hereby adopted to serve as the Budget of Revenues for the City of Sulphur for fiscal year July 1, 2020, to June 30, 2021.

SECTION II. The attached statement of anticipated expenditures as reflected in the summary and such other fiscal exhibits and information as required by Section 1308(D), Louisiana Local Government Act, be and the same is hereby adopted to serve as the Budget of Expenditures for the City of Sulphur for the fiscal year July 1, 2020, to June 30, 2021.

SECTION III. The adoption of the Budget of Expenditures as reflected in the line-item budget filed with the Clerk of the Council containing object of expenditure classifications shall be declared to be the appropriation of the amount set therein as established in each budget classification by object of expenditure.

SECTION IV. The adoption of the Capital Improvement Budget as submitted for a period of five years with the first year being for the budget year 2020-2021 shall be for the expenditures as appropriated therein.

SECTION V. The amounts appropriated for all accounts shall not exceed the amounts fixed therefor in the Budget of Expenditures unless all terms and conditions of the Sulphur Home Rule Charter are complied with. In accordance with Section 5-04 (E) of the Sulphur Home Rule Charter (Transfer of Appropriations): At any time during the fiscal year the Mayor may transfer part or all of any unencumbered appropriation within programs or functions. Nothing contained in this section shall be construed to prohibit the governing authority from amending or making an appropriation to and for a contingent fund to be used in cases of emergency.

BE IT FURTHER ORDAINED that this Ordinance shall become effective July 1, 2021.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ____day of ______, 2021.

______, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. , M-C SERIES AS AMENDED

AN ORDINANCE DECLARING CERTAIN SURPLUS MOVABLE PROPERTY OF THE CITY OF SULPHUR AND PROVIDING FOR THE DISPOSAL THEREOF (OFFICE EQUIPTMENT & VEHICLES)

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, and in accordance with LA. R.S. 33:4712, that the following described surplus movable property of the City of Sulphur, not needed for public purposes, after having been duly advertised be declared surplus:

Department QTY Description Value Fire 4 Filing Cabinets No value Fire 1 Desk No value Fire 1 40 gal electric Rheem brand water heater No value Fire 1 Trane brand condensing unit No value Shop 1 Wastewater Hollywood Kingston $100.00 Shop 1 PD Chevy Tahoe Vin# 3137 $500.00 Shop 1 Generator from water plant $50.00 Shop 1 Ford Expedition Vin# 3148 $2000.00 Public 1 2007 GMC Sweeper Vacall 1GDM7F1B78F405194 $7,000.00 Works Water Plant 1 Scrap Pile $250.00

BE IT FURTHER ORDAINED that Mayor Mike Danahay is authorized to dispose of the above-mentioned surplus movable property and to sign all paperwork in connection therewith.

BE IT ALSO FURTHER ORDAINED that this ordinance shall become effective immediately upon the Mayor’s signature.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ____day of ______, 2021.

______MIKE KOONCE, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk ORDINANCE NO. , M-C SERIES

ORDINANCE RESCINDING ORDINANCE NO. 1670, M-C SERIES, ADOPTED MAY 11, 2020, WHICH SET FORTH GARBAGE/TRASH COLLECTION FEES CHARGED BY THE CITY.

WHEREAS, due to COVID-19 and Hurricane’s Laura and Delta, a financial hardship has been placed on the citizens of Sulphur, therefore, the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby rescind the below Ordinance No. 1670, M-C Series, adopted May 11, 2020, which set forth garbage/trash collection fees charged by the City:

RESCIND:

GARBAGE-TRASH (SOLID WASTE)

$19.00 Per Unit Per Month (A unit residential or service as defined in existing Contract)

BE IT ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2-13(C) of the Home Rule Charter of the City of Sulphur.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______Mike Koonce, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. , M-C SERIES

AN ORDINANCE AMENDING ORDINANCE NO. 1670, M-C SERIES TO SET FORTH GARBAGE/TRASH COLLECTION FEES CHARGED BY THE CITY.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that garbage-trash collection fees for normal services rendered by the City of Sulphur, Louisiana, shall be as follows:

GARBAGE-TRASH (SOLID WASTE)

$19.00 $19.65 Per Unit Per Month (A unit residential or service as defined in existing Contract)

BE IT FURTHER ORDAINED that this Ordinance shall become effective July 1, 2021.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______Mike Koonce, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. _ M-C SERIES

AN ORDINANCE AMENDING ORDINANCE NO. 1218, M-C SERIES ADOPTED JUNE 9, 2014 WHICH SET FORTH A CAPITAL RECOVERY FEE CHARGED BY THE CITY.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that a Capital Recovery Fee for normal monthly water and/or sewer service for all household units, commercial units, recreational vehicle park units, mobile home park units, apartment units and City Council approved developmental units shall be as follows:

CAPITAL RECOVERY FEE

FLAT RATES

Inside Outside

1.25 3.00 2.50 6.00

BE IT FURTHER ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that the Capital Recovery Fee shall be assessed for all units, occupied or unoccupied, in recreational vehicle parks, mobile home parks, apartment complexes and City Council approved developmental units.

BE IT FURTHER ORDAINED that this Ordinance shall become effective July 1, 2021.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______MIKE KOONCE, Chairman

I HEREBY CERTIFY that the I HERBY CERTIFY that I have received forgoing Ordinance has been from the Mayor at ______o’clock ___.m. presented to the Mayor on this on this _____ day of ______, ____ day of ______, 2021, the foregoing Ordinance which 2021, at ______o’clock has been approved/vetoed by the Mayor. ____.m.

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. M-C SERIES

ORDINANCE AMENDING APPENDIX B, ARTICLE IV, PART 2 OF THE LAND USE ORDINANCE TO PROVIDE FOR SECTION 10 – BORROW PITS AND PONDS.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby amend Appendix B, Article IV, Part 2 to provide for Section 10 – Borrow Pits and Ponds, of the Land Use Ordinance of the City of Sulphur to read as follows:

Section 10 – Borrow Pits and Ponds

Borrow-pits and Ponds: The removal of gravel, shell, sand, and/or topsoil materials from a lot or a part thereof to an on-site or off-site location.

1. Borrow-pits or ponds shall not exceed five (5) acres. 2. Borrow-pits or ponds shall have a setback minimum of fifty (50) feet from property lines (where applicable a fifty (50) foot front yard setback will be measured from the required right-of-way line as per the major thoroughfare plan). A public hearing is required if the minimum setbacks are not met. 3. All Borrow-pit and Pond applications shall be presented to Land Use Commission and City Council for approval. 4. The applicant shall meet the following requirements:

I. That the extraction and hauling be performed from daylight to dusk only;

II. That the extraction is performed in accordance with the borrow-pit and pond application and the site plan on file with the division of planning and development;

III. That necessary steps must be taken to maintain dust control and to prevent spillage and tracking from occurring on any public road;

IV. That no hauling will take place during inclement weather;

V. That a local development permit must be obtained prior to hauling;

VI. That hauling will be subject to any weight limits on any affected city road or bridge;

VII. That backfilling of any type is prohibited without proper permitting and prior approval of the Land Use Commission and the City Council.

VIII. That the development adheres to stormwater best management practices;

IX. That an application for and/or compliance with an LPDES stormwater, sand and gravel pit, or discharge permit through the department of environmental quality may be required;

X. That a road damage bond may be required as per the recommendation of the Public Works Director.

XI. That obstructing the flow of surface water is prohibited;

XII. Borrow-pits and Ponds shall be developed in accordance with watershed performance standards established herein with additional design criteria established in Chapter 24 of this code; and

XIII. That hauling must be completed within three (3) years.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

ORDINANCE NO. , M-C SERIES

ORDINANCE AUTHORIZING MAYOR DANAHAY TO SIGN THE LA DOTD MAINTENANCE AGREEMENT FOR MOWING AND LITTER PICKUP FOR FY YEAR ENDING JUNE 30, 2022.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Mike Danahay to sign the LA DOTD Maintenance Agreement for mowing and litter pickup for FY ending June 30, 2022.

BE IT FURTHER ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2-13(C) of the Home Rule Charter of the City of Sulphur.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk

RESOLUTION NO. M-C SERIES Resolution amending Resolution No. 3043, M-C Series adopted March 13, 2017 which designated additional festivals and events sponsored by the City of Sulphur.

BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby amend Resolution No. 3043, M-C Series adopted March 13, 2017 to include Chamber Fest – Red, White & Run 5K and to state that designated festivals and events held in the City of Sulphur shall be allowed with the Mayor and Chairman of City Council approval.

APPROVED AND ADOPTED by the City Council on this ____ day of ______, 2021.

______, Chairman

ATTEST:

______ARLENE BLANCHARD, Clerk

Examples of the festivals and events follow, but are not limited to:

National Night Out Stars and Stripes in the Park Classic Show Veteran’s Day Celebration Christmas Under the Oaks Movies in the Square LHSAA Girls State Softball Tournament LHSAA Boys State Baseball Tournament SHS Lady Tor Softball Invitational Roll to the Grove LHSAA State Swim Meet Mardi Gras Event Easter Egg Hunt Chamber Fest – Red, White & Run 5K - Added

RESOLUTION NO. , M-C SERIES

Resolution authorizing the advertisement of bids for Smith Road and Archie Road Rehabilitation.

BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize advertisement of bids for Smith Road and Archie Road Rehabilitation, said bids to be in accordance with the quantities and specifications on file with Meyer and Associates, 600 North Cities Service Hwy., Sulphur, Louisiana 70663 or online at BidXpress.

BE IT FURTHER RESOLVED that the advertisement of bids will be in “The American Press, the official journal of the City of Sulphur, in four separate publications that will be advertised at a later date by Meyer and Associates.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______MIKE KOONCE, Chairman RESOLUTION NO. , M-C SERIES

Resolution approving liquor license for West Calcasieu Chamber of Commerce for Chamber Fest – Red, White & Run 5K, 923 Ruth Street.

BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby approve liquor license for West Calcasieu Chamber of Commerce for Chamber Fest – Red, White & Run 5K, 923 Ruth Street.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this _____ day of ______, 2021.

______, Chairman

ATTEST:

______ARLENE BLANCHARD, Clerk

ORDINANCE NO. M-C SERIES

AN ORDINANCE ACCEPTING THE DONATION OF PROPERTY FROM CALCASIEU PARISH POLICE JURY AND AUTHORIZING THE MAYOR TO EXECUTE SAID DONATION AGREEMENT AND PROVIDING FOR EFFECTIVE DATE OF ORDINANCE.

BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby accept from CALCASIEU PARISH POLICE JURY, the donation of the following described property situated in the Parish of Calcasieu, State of Louisiana, to-wit:

BEGINNING AT A EXISTING 1” REBAR MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 10 SOUTH, RANGE 10 WEST IN CALCASIEU PARISH LOUISIANA, THENCE N 0°50’03” E ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER A DISTANCE OF 1330.01 FEET TO THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER, ALSO BEING THE SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 10 WEST, RANGE 10 WEST, THENCE N 0°08’25” E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SOUTHWEST QUARTER A DISTANCE OF 622.78 FEET TO THE SOUTH RIGHT OF WAY LINE OF SOUTH FRONTAGE ROAD, THENCE S 89°23’36” E ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 27.68 FEET TO THE NORTHWEST CORNER OF WEST CALCASIEU PARISH COMMUNITY CENTER AUTHORITY, THENCE S 0°48’42” W (CALL SOUTH) ALONG SHARED PROPERTY LINE WITH WEST CALCASIEU PARISH COMMUNITY CENTER AUTHORITY A DISTANCE OF 1952.58 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 10, THENCE N 89°24’44” W ALONG SAID SOUTH LINE A DISTANCE OF 20.90 FEET TO POINT OF BEGINNING. CONTAINS 0.973 ACRES.

BEING ACQUIRED BY DONOR BY ACT OF SALE FROM SULPHUR GROUP, LLC, AS RECORDED ON MARCH 8, 2017, IN CONVEYANCE BOOK 4176, PAGE 333, BEING ENTRY NO. 3267446, RECORDS OF CALCASIEU PARISH, LOUISIANA.

BE IT FURTHER ORDAINED that the Mayor, Mike Danahay, is hereby authorized, empowered, and directed to execute such agreements or documents in connection therewith, which will be substantially in accordance with the agreements in part herewith and attached hereto as “Exhibit A”.

BE IT ALSO FURTHER ORDAINED that this Ordinance shall become effective upon the Mayor’s approval.

APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______day of ______, 2021.

______, Chairman

______ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk