310 West 2nd Street
P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Office: (985) 446-7200
310 West Second St.
P.O. Box 5418
Thibodaux, Louisiana 70302

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City of Thibodaux, LA

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
JANUARY 6, 2004

 

            The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, January 6, 2004 at 5:00 o’clock P.M.

            There were present:  Councilmen Swanner, Gene Richard, Winston, Dee Richard and Mire.

            There were also present:  Mayor Charles Caillouet and Ms. Germaine Jackson, City Attorney.

            The minutes of the December 16, 2003 Council meeting were approved as written.

            Newly elected Councilman Norman Swanner was administered the Oath of Office by Mr. Danny Cavell.

            The Planning and Zoning Commission approved the submission of a recommendation to re-zone property located on the south side of Acadia Road near Ledet Street.

            Councilman Dee Richard introduced an ordinance to amend Article I, Section 101 of the Thibodaux Zoning Ordinance so as to change the zoning designation on a tract of property on South Acadia Road from an M-2 to an R-3 District.  The public hearing on this ordinance will be held at the January 20, 2004 City Council meeting.

            The Zoning Administrator informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider an ordinance to accept a utility servitude dedication for the La Maison Du Bayou student housing development near Nicholls State University.

            Councilman Gene Richard introduced an ordinance accepting the dedication of a utility servitude at the La Maison Du Bayou student housing development located on the west side of Bowie Road.  The public hearing on this ordinance will be held at the January 20, 2004 City Council meeting.

            The project engineer has advised the Council Administrator that the FEMA Rienzi Drainage Improvement Project is substantially complete in accordance with all contract documents and specifications.  Therefore, it is necessary for the Council to consider the adoption of a resolution of substantial completion, which will commence the 45-day lien period in this contract.

            On motion of councilmen Gene Richard, seconded by Councilman Dee Richard the Council voted to adopt a resolution of substantial completion for the FEMA Rienzi Drainage Improvement Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  998

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City of Thibodaux entered into a contract with Sealevel Construction, Inc. dated June 3, 2003 for the FEMA Rienzi Drainage Improvement Project; and      

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on November 1, 2003; and

     WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and

     WHEREAS, all work was found to be satisfactory for acceptance with respect to the application for payment by the contractor.

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on January 6, 2004 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified.

     BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45-day lien period.

     BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Sealevel Construction Co., 202 Belle Meade Boulevard, Thibodaux, LA 70301, and to Duplantis Design Group, 314 East Bayou Road, Thibodaux, LA 70301. 

            The above resolution having been submitted to a vote, the vote thereon was as follows:

    YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

    NAYS: None

     ABSENT: None

     ABSTAIN: None    

            And the above resolution was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                 Chad J. Mire, President

            A public hearing was then held on an ordinance to accept a donation of property from J.B. Levert Land Company for the construction of a new elevated water storage tower in North Thibodaux.

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance accepting the donation of property from J.B. Levert Land Company for the location of an elevated water storage tower in North Thibodaux.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO.  2177

                                    AN ORDINANCE AUTHORIZING THE MAYOR

                                    TO SIGN AN ACT OF DONATION WITH J.B.

LEVERT LAND COMPANY  (WATER TOWER)

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that;

     WHEREAS, the City of Thibodaux approached J.B. Levert Land Company concerning the donation of property for the construction of an elevated water tower in North Thibodaux; and

    WHEREAS, J.B. Levert Land Company has offered to donate the property to the City which will serve as the site of the aforesaid water tower; and

     WHEREAS, in accordance with the provisions of Section 2-10 of the Thibodaux City Charter, this donation of real property shall be accepted by ordinance; and

     WHEREAS, the said property and improvements located thereon will be maintained by the City and accepted as a part of its water distribution system.

    WHEREAS, it is necessary to execute an Act of Donation for the property to be given to the City.

     NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to execute an Act of Donation with J.B. Levert Land Company, Inc. for the donation of property as outlined herein.

     BE IT FURTHER ORDAINED that a copy of the said Act is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: None

     And the above ordinance was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            A public hearing was then held on an ordinance to amend Ordinance No. 2128 “Appropriation Ordinance for the Year 2003” (Supplemental Appropriation).

            The proposed adjustments to the budget will accommodate transfers of funds within departments by reducing or increasing appropriations in individual line items.  All of these adjustments are required in order to comply with State law, which requires that our budget, after all adjustments, be within five (5%) percent of the actual activity after being audited.

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt an ordinance to amend Ordinance No. 2128 “Appropriation Ordinance for the Year 2003” (Supplemental Appropriation).  Upon roll call the vote was as follows:         

YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO. 2178

                      AN ORDINANCE TO AMEND ORDINANCE NO. 2128

                      "APPROPRIATION   ORDINANCE   FOR   2003"

                      (SUPPLEMENTAL APPROPRIATION)

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, Article VI, Section 1 of the Thibodaux City Charter indicates that the appropriation ordinance shall contain appropriations of the expenditures for each City Department; and

     WHEREAS, Ordinance No. 2128 adopted by the City Council on November 26, 2002 approved appropriations for the 2003 Budget by line item; and

     WHEREAS, Article VI, Section 2 of the Thibodaux City Charter reads in part, "If during the fiscal year the Mayor certifies that there are available for appropriation, revenues in excess of those estimated in the budget, the Mayor may present a supplemental appropriation ordinance for the disposition of such revenues; and the Council may adopt it."

     NOW, THEREFORE BE IT ORDAINED, that in accordance with Article VI, Section 2 of the Thibodaux City Charter, that the following items as indicated are amended in accordance with the recommendations of the Mayor:

(Exhibit "A")   

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS:  None

     ABSENT: None

     ABSTAINED: None

     And the above ordinance was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                 Chad J. Mire, President

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to add the approval of Change Order No. 2 for the 2003 Street Improvement Project to the Council agenda.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider the adoption of a resolution approving Change Order No. 2 for the 2003 Street Improvement Project.  This change order is required to adjust contract quantities as a result of actual patching and asphalt overlay quantities utilized in this project.

            The proposed change order, if approved, will decrease the contract price by $64,500.50 thereby making the final contract price $660,284.00.

             On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a resolution approving Change Order No. 2 for the 2003 Street Improvement Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  999

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN

CHANGE ORDER #2 WITH BARRIERE CONSTRUCTION

FOR THE 2003 STREET IMPROVEMENT PROJECT

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City entered into a contract with Barriere Construction Company, LLC for the 2003 Street Improvement Project; and

     WHEREAS, due to the reconciliation of all contract quantities which includes asphalt and patching quantity adjustments, the execution of a change order is required; and

     WHEREAS, the proposed change order decreases the contract price in the amount of $64,500.50 under the original contract bid for a final contract price of $660,284.00.          

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 2 with Barriere Construction Company, LLC in the amount mentioned above.

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS:  Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: None

     And the above resolution was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            Mr. Tommy McDonald of 902 Arms Street asked the Council what they would do about the burning of sugar cane within the City limits of Thibodaux.  He stated that the hospitals are full and he would like to send his wife’s medical bills to someone to pay due to this situation.

            The Council Administrator stated that the City has no jurisdiction over the sugar cane industry, or the burning of the cane.  He will look into whom Mr. McDonald needs to contact and let him know.

There being no further business the meeting was adjourned.

 

_________________________                                  ______________________________

Tommy Eschete, Council Adm.                                 Chad J. Mire, President

 

 
 
     
 
City of Thibodaux, LA

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
JANUARY 6, 2004

 

            The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, January 6, 2004 at 5:00 o’clock P.M.

            There were present:  Councilmen Swanner, Gene Richard, Winston, Dee Richard and Mire.

            There were also present:  Mayor Charles Caillouet and Ms. Germaine Jackson, City Attorney.

            The minutes of the December 16, 2003 Council meeting were approved as written.

            Newly elected Councilman Norman Swanner was administered the Oath of Office by Mr. Danny Cavell.

            The Planning and Zoning Commission approved the submission of a recommendation to re-zone property located on the south side of Acadia Road near Ledet Street.

            Councilman Dee Richard introduced an ordinance to amend Article I, Section 101 of the Thibodaux Zoning Ordinance so as to change the zoning designation on a tract of property on South Acadia Road from an M-2 to an R-3 District.  The public hearing on this ordinance will be held at the January 20, 2004 City Council meeting.

            The Zoning Administrator informed the Council Administrator that the Planning and Zoning Commission has recommended that the City Council consider an ordinance to accept a utility servitude dedication for the La Maison Du Bayou student housing development near Nicholls State University.

            Councilman Gene Richard introduced an ordinance accepting the dedication of a utility servitude at the La Maison Du Bayou student housing development located on the west side of Bowie Road.  The public hearing on this ordinance will be held at the January 20, 2004 City Council meeting.

            The project engineer has advised the Council Administrator that the FEMA Rienzi Drainage Improvement Project is substantially complete in accordance with all contract documents and specifications.  Therefore, it is necessary for the Council to consider the adoption of a resolution of substantial completion, which will commence the 45-day lien period in this contract.

            On motion of councilmen Gene Richard, seconded by Councilman Dee Richard the Council voted to adopt a resolution of substantial completion for the FEMA Rienzi Drainage Improvement Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  998

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City of Thibodaux entered into a contract with Sealevel Construction, Inc. dated June 3, 2003 for the FEMA Rienzi Drainage Improvement Project; and      

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on November 1, 2003; and

     WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and

     WHEREAS, all work was found to be satisfactory for acceptance with respect to the application for payment by the contractor.

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on January 6, 2004 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified.

     BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45-day lien period.

     BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Sealevel Construction Co., 202 Belle Meade Boulevard, Thibodaux, LA 70301, and to Duplantis Design Group, 314 East Bayou Road, Thibodaux, LA 70301. 

            The above resolution having been submitted to a vote, the vote thereon was as follows:

    YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

    NAYS: None

     ABSENT: None

     ABSTAIN: None    

            And the above resolution was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                 Chad J. Mire, President

            A public hearing was then held on an ordinance to accept a donation of property from J.B. Levert Land Company for the construction of a new elevated water storage tower in North Thibodaux.

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance accepting the donation of property from J.B. Levert Land Company for the location of an elevated water storage tower in North Thibodaux.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO.  2177

                                    AN ORDINANCE AUTHORIZING THE MAYOR

                                    TO SIGN AN ACT OF DONATION WITH J.B.

LEVERT LAND COMPANY  (WATER TOWER)

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that;

     WHEREAS, the City of Thibodaux approached J.B. Levert Land Company concerning the donation of property for the construction of an elevated water tower in North Thibodaux; and

    WHEREAS, J.B. Levert Land Company has offered to donate the property to the City which will serve as the site of the aforesaid water tower; and

     WHEREAS, in accordance with the provisions of Section 2-10 of the Thibodaux City Charter, this donation of real property shall be accepted by ordinance; and

     WHEREAS, the said property and improvements located thereon will be maintained by the City and accepted as a part of its water distribution system.

    WHEREAS, it is necessary to execute an Act of Donation for the property to be given to the City.

     NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to execute an Act of Donation with J.B. Levert Land Company, Inc. for the donation of property as outlined herein.

     BE IT FURTHER ORDAINED that a copy of the said Act is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: None

     And the above ordinance was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            A public hearing was then held on an ordinance to amend Ordinance No. 2128 “Appropriation Ordinance for the Year 2003” (Supplemental Appropriation).

            The proposed adjustments to the budget will accommodate transfers of funds within departments by reducing or increasing appropriations in individual line items.  All of these adjustments are required in order to comply with State law, which requires that our budget, after all adjustments, be within five (5%) percent of the actual activity after being audited.

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt an ordinance to amend Ordinance No. 2128 “Appropriation Ordinance for the Year 2003” (Supplemental Appropriation).  Upon roll call the vote was as follows:         

YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO. 2178

                      AN ORDINANCE TO AMEND ORDINANCE NO. 2128

                      "APPROPRIATION   ORDINANCE   FOR   2003"

                      (SUPPLEMENTAL APPROPRIATION)

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, Article VI, Section 1 of the Thibodaux City Charter indicates that the appropriation ordinance shall contain appropriations of the expenditures for each City Department; and

     WHEREAS, Ordinance No. 2128 adopted by the City Council on November 26, 2002 approved appropriations for the 2003 Budget by line item; and

     WHEREAS, Article VI, Section 2 of the Thibodaux City Charter reads in part, "If during the fiscal year the Mayor certifies that there are available for appropriation, revenues in excess of those estimated in the budget, the Mayor may present a supplemental appropriation ordinance for the disposition of such revenues; and the Council may adopt it."

     NOW, THEREFORE BE IT ORDAINED, that in accordance with Article VI, Section 2 of the Thibodaux City Charter, that the following items as indicated are amended in accordance with the recommendations of the Mayor:

(Exhibit "A")   

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS:  None

     ABSENT: None

     ABSTAINED: None

     And the above ordinance was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                 Chad J. Mire, President

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to add the approval of Change Order No. 2 for the 2003 Street Improvement Project to the Council agenda.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider the adoption of a resolution approving Change Order No. 2 for the 2003 Street Improvement Project.  This change order is required to adjust contract quantities as a result of actual patching and asphalt overlay quantities utilized in this project.

            The proposed change order, if approved, will decrease the contract price by $64,500.50 thereby making the final contract price $660,284.00.

             On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a resolution approving Change Order No. 2 for the 2003 Street Improvement Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  999

 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN

CHANGE ORDER #2 WITH BARRIERE CONSTRUCTION

FOR THE 2003 STREET IMPROVEMENT PROJECT

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City entered into a contract with Barriere Construction Company, LLC for the 2003 Street Improvement Project; and

     WHEREAS, due to the reconciliation of all contract quantities which includes asphalt and patching quantity adjustments, the execution of a change order is required; and

     WHEREAS, the proposed change order decreases the contract price in the amount of $64,500.50 under the original contract bid for a final contract price of $660,284.00.          

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 2 with Barriere Construction Company, LLC in the amount mentioned above.

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS:  Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: None

     And the above resolution was declared adopted this 6th day of January 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            Mr. Tommy McDonald of 902 Arms Street asked the Council what they would do about the burning of sugar cane within the City limits of Thibodaux.  He stated that the hospitals are full and he would like to send his wife’s medical bills to someone to pay due to this situation.

            The Council Administrator stated that the City has no jurisdiction over the sugar cane industry, or the burning of the cane.  He will look into whom Mr. McDonald needs to contact and let him know.

There being no further business the meeting was adjourned.

 

_________________________                                  ______________________________

Tommy Eschete, Council Adm.                                 Chad J. Mire, President

 

 
   
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