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
            JULY 19, 2005
     

            

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, July 19, 2005 at 5:00 o’clock P.M.

 

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

 

            There were also present:  Mayor Charles Caillouet and Germaine Jackson.

 

            The minutes of the July 5, 2005 Council meeting were approved as written.

           

            Councilman Mire introduced an ordinance approving the re-subdivision of property located on Bobby Street into lots 1-A and 1-B so as to accommodate the construction of residential structures.  The public hearing on this ordinance will be held at the August 2, 2005 City Council meeting.

 

            Councilman Swanner introduced an ordinance approving the re-subdivision of property located on North Canal Boulevard into lots 6 and 7 of the J.B. Levert Commercial Park Subdivision so as to accommodate the construction of new commercial structures.  The public hearing on this ordinance will be held at the ugust 2, 2005 City Council meeting.

 

            Councilman Gene Richard introduced an ordinance to amend Ordinance no. 2230 “Appropriation Ordinance for 2005” for the mid-year supplemental appropriation.  The public hearing on this ordinance will be held at the August 2, 2005 City Council meeting.

 

            Councilman Winston introduced an ordinance authorizing the Mayor to sign a Grant Agreement with the State Department of Culture, Recreation and Tourism for a Land and Water Conservation Fund Grant.  The public hearing on this ordinance will be held at the August 2, 2005 City Council meeting.

 

            The City has received bids for the Canal Boulevard Sewerline Replacement Project.  This project calls for a portion of the gravity sewer main along Canal Boulevard from St. Charles Street to Talbot Avenue to be replaced and relocated from under the road surface.  This project was designed by David Waitz Engineering.

 

            The lowest responsible bid was received from Patteson Construction in the amount of $160,420.00.  The project engineer is recommending that the City accept the base bid as submitted.

 

            On motion of Councilman Mire, seconded by Councilman Swanner, the Council voted to adopt a resolution accepting the low bid of Patteson Construction for the Canal Boulevard Sewerline Replacement Project and authorizing the Mayor to execute a contract therewith.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1132

 

A RESOLUTION ACCEPTING THE LOW BID OF PATTESON    CONSTRUCTION L.L.C. FOR THE CANAL BLVD. SEWERLINE REPLACEMENT PROJECT AND AUTHROIZING THE MAYOR

TO SIGN A CONTRACT THEREWITH

                         

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

 

     WHEREAS, the City has received bids for the Canal Boulevard Sewerline Replacement Project; and

 

     WHEREAS, the low base bid received was from Patteson Construction, L.L.C. in the amount of $160,420.00; and

 

     WHEREAS, it is necessary to consider the acceptance of the low base bid and execute a contract with the said contractor for the services mentioned hereinbefore.

 

     NOW, THEREFORE BE IT RESOLVED that the City does hereby accept the low base bid submitted by Patteson Construction, L.L.C. in the amount stated hereinbefore.

 

     BE IT FURTHER RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a contract with Patteson Construction, L.L.C. for the Canal Boulevard Sewerline Replacement Project.

 

     BE IT FURTHER RESOLVED that in addition to the contract document itself, the Mayor is also empowered to execute all change orders relative to the contract after approval by the City Council by means of an appropriate resolution.

 

     BE IT FURTHER RESOLVED that a copy of the said contract 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, Mire and D. Richard

     NAYS: None

     ABSTAINED: None

    ABSENT: None

 

     And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                     Jerome Richard, President

 

            Badeaux and Associates, the Project Engineer for the South Thibodaux Gas Rehabilitation Project, advised the Council Administrator that the project is substantially complete in accordance with all contract documents and specifications.  It is now necessary for the City Council to consider the adoption of a resolution of substantial completion in order to commence the 45-day lien period on this contract.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution of substantial completion for the South Thibodaux Gas Line Renovation Project.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO. 1133

 

     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 Valentine & LeBlanc dated September 22, 2003 for the South Thibodaux Gas Line Renovation Project; and     

 

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on June 22, 2005; 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 less and except any items included on a punch list.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on July 19, 2005 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 Valentine & LeBlanc, Inc., 15043 Terrell Road , Baton Rouge , LA 70816 and to Badeaux Engineers, P.O. Box 1055 , Thibodaux , LA 70302 .

 

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

 

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

     NAYS:        None

     ABSENT: None

     ABSTAIN: None

    

    And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                    /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            Badeaux and Associates, the Project Engineer for the Water Plant No. 2 Rehabilitation Project, advised the Council Administrator that it is necessary for the City Council to consider the approval of Change Order No. 2 for this project.  This change order is being proposed in order to adjust the contract price as a result of approved additional work and liquidated damages due to delay of completion of the project.  The proposed change order would decrease the contract price by $16,586.12.

 

            On motion of Councilman Mire, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 2 for the Water Plant No. 2 Rehabilitation and Modification Project.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO. 1134

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN

CHANGE ORDER #2 WITH VOLUTE, INC. FOR THE

THIBODAUX WATER PLANT NO. 2 REHABILITATION

AND MODIFICATIONS 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 Volute, Inc. for the Thibodaux Water Plant No. 2 Rehabilitation and Modifications Project; and

 

     WHEREAS, due to the reconciliation of all contract quantities which includes the assessment of liquidated damages, the execution of a change order is required; and

 

     WHEREAS, the proposed change order decreases the contract price in the amount of  $16,586.12 under the current contract price for a final contract price of $1,475,553.49.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 2 with Volute, Inc. 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, Mire and D. Richard

     NAYS: None

     ABSTAINED: None

     ABSENT: None

 

     And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                    Jerome Richard, President

 

            Act No. 859 of the 2004 Legislative Session requires that all new Planning and Zoning Commission and Board of Adjustment members acquire four hours of training relative to the discharge of their duties for their respective governmental agencies.

 

            By acclamation the City Council voted to adopt a resolution commending members of the Planning and Zoning Commission and the Board of Adjustments for completing training mandated by Act 859.

 

            RESOLUTION NO. 1135

 

 

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

 

     WHEREAS, Act No. 859 of the 2004 Regular Session of the Louisiana Legislature requires that all new members of the planning and zoning commission and board of adjustment attend four hours of training in the administration of their duties; and

 

     WHEREAS, a session was held on June 29, 2005 for the purpose of providing the aforesaid training; and

 

      WHEREAS, the following current board and commission members attended the training session although it was not required by law:

 

            Clay Breaud                                                     Marguerite Erwin

            Malcolm Hodnett                                              Gary McNeal, Jr.

            Rudy Soignet                                                    Clarence Savoie

            Monica Wilson

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the aforestated members of the Planning and Zoning Commission and Board of Adjustment be commended for completing the training mandated by state law and do hereby support their efforts of receiving continuing education in the administration of their duties on their respective board or commission.

 

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

 

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

             NAYS: None

             ABSENT: None

 

            And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                                        /s/Jerome Richard

Tommy Eschete, Council Adm.                        Jerome Richard, President

 

            A public hearing was held on an ordinance authorizing the execution of a contract with Acadian Gas Pipeline for the purchase of natural gas.

 

            Mr. Keith Masterson has informed the Council Administrator that Acadian Gas Pipeline has submitted a proposal to the City of Thibodaux for the sale of natural gas for the period through June 30, 2006.  The proposal is similar to our current contract in that Acadian proposed to sell the City natural gas based on a price published on the I.F. Henry Hub Index plus an add-on of $0.43 per mmBtu.  The add-on will remain as it has been for the past two years.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance authorizing the Mayor to sign a contract with Acadian Gas Pipeline for the purchase of natural gas .  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO.  2254

 

 

                                                AN ORDINANCE AUTHORIZING THE MAYOR

                                                TO SIGN A CONTRACT WITH ACADIAN GAS

                                                 PIPELINE FOR THE PURCHASE OF NATURAL

                                                 GAS

                       

 

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

 

     WHEREAS, the City has negotiated with Acadian Gas Pipeline to supply the City with natural gas for a period of one year through June 30, 2006 with an option to continue the agreement for an additional one year period; and

 

     WHEREAS, the rate charged the city would be that rate established by the I.F. Henry Hub Index plus $0.43 per mmBtu; and

 

     WHEREAS, it is necessary to execute a contract with Acadian Gas Pipeline in order to purchase gas for the period and cost mentioned hereinbefore.

 

     NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to execute a contract with Acadian Gas Pipeline for the purchase of natural gas for the period ending June 30, 2006 as outlined above.

 

     BE IT FURTHER ORDAINED that a copy of the said contract 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, Mire and D. Richard

     NAYS: None

     ABSTAINED: None          

     ABSENT: None

 

     And the above ordinance was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard        

Tommy Eschete, Council Adm.                    Jerome Richard, President

 

            A public hearing was then held on an ordinance to establish a “No Parking” area on the section of East 7th Street near its intersection with Bayou Lane approximately 200 feet.

           

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend and re-enact Section 20-13, Sub-Section (x) of the Thibodaux City Code of Ordinances.   Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO. 2255

 

 

                                                AN ORDINANCE TO AMEND AND RE-ENACT

                                                SECTION 20-13, SUB-SECTION (x) OF THE

THIBODAUX CITY CODE OF ORDINANCES 

 

 

 

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 20-13, Sub-Section (x) of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to add to read as follows:

 

     Sec. 20-13. Method of Parking, no parking areas, designation of streets.

 

 

(x) No parking on the north side of East Seventh Street from Canal Boulevard to Tetreau Street, and cars parking on the south side must park with the right side parallel to and as close to the curb as possible.

No Parking on East Seventh Street from its intersection with Bayou Lane west a distance of approximately two hundred (200) feet.

             

 

           

 

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

 

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

             NAYS: None

             ABSTAINED: None  

            ABSENT: None

 

            And the above ordinance was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            The City owns property located adjacent to Thibodaux Lumber and Concrete that is located on Rue Loudon.  The Mayor has declared that the property is not needed for public use and has negotiated with the aforesaid company for the purchase of the property.  An appraisal was performed, and Thibodaux Lumber has agreed to purchase the tract of property at its appraised price of $45,400.  The transaction includes the exchange of two tracts between the City and the company with the company compensating the City for the difference in value of the two tracts.

 

            On motion of Councilman Swanner, seconded by Councilman Mire, the Council voted to adopt an ordinance declaring certain City property surplus and subject to sale.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO. 2256

 

   AN ORDINANCE DECLARING CERTAIN CITY

    PROPERTY SURPLUS AND SUBJECT TO SALE

 

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

 

     WHEREAS, it has been decided that certain property owned by the City of Thibodaux is no longer needed for public purposes (see description below); and

 

     WHEREAS, in accordance with the provisions of Title 33, Section 4712 of the Louisiana Revised Statutes (R.S.  33:4712), the City Council must adopt a ordinance declaring the said surplus property surplus and fixing the minimum price at and terms of the sale; and

 

     WHEREAS, the City may sell or dispose of this property to private persons at a private sale; and

 

     WHEREAS, this ordinance shall be published in accordance with the provisions of the aforementioned statutes in the local journal prior to the sale of the property; and

 

     WHEREAS, any opposition to this proposed ordinance shall be made in writing and filed with the Council Administrator of the City of Thibodaux within fifteen (15) days after the first publication of the following Notice of Proposed Ordinance:

 

NOTICE OF PROPOSED ORDINANCE

 

NOTICE IS HEREBY GIVEN that an Ordinance has been introduced and is proposed for adoption by the City Council of the City of Thibodaux whereby, the City would sell by private sale to Thibodaux Lumber and Concrete Co., Inc., for and in consideration the price and sum of Forty-Five Thousand, Four Hundred AND No/100 ($45,400.00) DOLLARS the following described property, to-wit:

 

A certain tract or parcel of land fronting Rue Loudon and measuring approximately ­­­­­25,933 square feet

 

Said tract of land being more particularly described on the map of survey prepared by David A. Waitz, Consulting Engineer, dated May 14, 2003 approved June 5, 2003.

 

This sale is made and accepted subject to the following terms and conditions:

property is sold “ as is”

property is sold without warranties, representations or guarantees, either express or implied

property is sold subject to restrictive covenants, easements, obligations of ownership, etc. affecting the described property of record in the Clerk of Court's Office in and for Lafourche Parish , Louisiana

purchaser shall erect a fence equipped with screening in the rear or to the East of the property purchased, such fence shall be at least six (6) feet in height

 

Any opposition to the proposed Ordinance shall be made in writing and filed with the Council Administrator within fifteen (15) days after the first publication of this Notice.

If an opposition is filed, the City of Thibodaux shall not adopt the Ordinance until a hearing has been held.

 

/s/ Tommy Eschete     

             Tommy Eschete

Council Administrator

 

     WHEREAS, this ordinance shall not become effective until ten (10) days after its adoption provided no order filing objection to the sale is issued by a court of competent jurisdiction; and

 

     WHEREAS, any sale made relative to this matter shall be final and shall not include any warranties or any oil/mineral rights.

 

     NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session that the following City property be and is hereby declared surplus in accordance with the State Statutes referred to herein:

 

     PROPERTY DESCRIPTION                      MINIMUM  SALES  PRICE

    

     A certain tract or parcel of land                $45,400.00     

     fronting Rue Loudon and measuring

     Approximately 25,933 square feet

 

     BE IT FURTHER ORDAINED that the City Council of the City of Thibodaux does hereby authorize the Mayor to execute all necessary documents including an Act of Cash Sale for and on behalf of the City of Thibodaux .

 

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

 

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

         NAYS: None

         ABSTAINED: None

         ABSENT: None

 

     And the above ordinance was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                    /s/Jerome Richard

Tommy Eschete, Council Adm.                  Jerome Richard, President

 

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance authorizing the Mayor to execute a cash sale with Thibodaux Lumber and Concrete for the sale of surplus property.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

  ORDINANCE NO. 2257  

 

 

                                     AN ORDINANCE AUTHORIZING THE MAYOR  TO

                                    EXECUTE A CASH SALE WITH THIBODAUX LUMBER

                                    AND CONCRETE FOR THE SALE OF SURPLUS CITY

                                    PROPERTY 

 

 

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

 

                        WHEREAS, the City has declared a certain piece of property located on Rue Loudon surplus; and

   

                        WHEREAS, the City has negotiated with Thibodaux Lumber and Concrete for the sale of the property a at a price of $45,400; and

 

                        WHEREAS, the negotiated sale price is in accordance with the established appraised value of the property; and

 

                        WHEREAS, it is necessary to authorize the Mayor to execute a Cash Sale with Thibodaux Lumber and Concrete as outlined above.

 

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the Mayor be and is hereby authorized to execute the said Cash Sale with Thibodaux Lumber and Concrete for the sale of property located along Rue Loudon for the sale price of $45,400.

 

            BE IT FURTHER ORDAINED that a copy of the Cash Sale 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, Mire and D. Richard        

             NAYS:  None

            ABSTAINED: None

            ABSENT: None

 

            And the above ordinance was declared adopted this 19th day of July 2005.

 

_____________________________                   ____________________________
Tommy Eschete, Council Adm.                          Jerome Richard, President

 
 
     
 
City of Thibodaux, LA

 OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
            JULY 19, 2005
     

            

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, July 19, 2005 at 5:00 o’clock P.M.

 

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

 

            There were also present:  Mayor Charles Caillouet and Germaine Jackson.

 

            The minutes of the July 5, 2005 Council meeting were approved as written.

           

            Councilman Mire introduced an ordinance approving the re-subdivision of property located on Bobby Street into lots 1-A and 1-B so as to accommodate the construction of residential structures.  The public hearing on this ordinance will be held at the August 2, 2005 City Council meeting.

 

            Councilman Swanner introduced an ordinance approving the re-subdivision of property located on North Canal Boulevard into lots 6 and 7 of the J.B. Levert Commercial Park Subdivision so as to accommodate the construction of new commercial structures.  The public hearing on this ordinance will be held at the ugust 2, 2005 City Council meeting.

 

            Councilman Gene Richard introduced an ordinance to amend Ordinance no. 2230 “Appropriation Ordinance for 2005” for the mid-year supplemental appropriation.  The public hearing on this ordinance will be held at the August 2, 2005 City Council meeting.

 

            Councilman Winston introduced an ordinance authorizing the Mayor to sign a Grant Agreement with the State Department of Culture, Recreation and Tourism for a Land and Water Conservation Fund Grant.  The public hearing on this ordinance will be held at the August 2, 2005 City Council meeting.

 

            The City has received bids for the Canal Boulevard Sewerline Replacement Project.  This project calls for a portion of the gravity sewer main along Canal Boulevard from St. Charles Street to Talbot Avenue to be replaced and relocated from under the road surface.  This project was designed by David Waitz Engineering.

 

            The lowest responsible bid was received from Patteson Construction in the amount of $160,420.00.  The project engineer is recommending that the City accept the base bid as submitted.

 

            On motion of Councilman Mire, seconded by Councilman Swanner, the Council voted to adopt a resolution accepting the low bid of Patteson Construction for the Canal Boulevard Sewerline Replacement Project and authorizing the Mayor to execute a contract therewith.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1132

 

A RESOLUTION ACCEPTING THE LOW BID OF PATTESON    CONSTRUCTION L.L.C. FOR THE CANAL BLVD. SEWERLINE REPLACEMENT PROJECT AND AUTHROIZING THE MAYOR

TO SIGN A CONTRACT THEREWITH

                         

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

 

     WHEREAS, the City has received bids for the Canal Boulevard Sewerline Replacement Project; and

 

     WHEREAS, the low base bid received was from Patteson Construction, L.L.C. in the amount of $160,420.00; and

 

     WHEREAS, it is necessary to consider the acceptance of the low base bid and execute a contract with the said contractor for the services mentioned hereinbefore.

 

     NOW, THEREFORE BE IT RESOLVED that the City does hereby accept the low base bid submitted by Patteson Construction, L.L.C. in the amount stated hereinbefore.

 

     BE IT FURTHER RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a contract with Patteson Construction, L.L.C. for the Canal Boulevard Sewerline Replacement Project.

 

     BE IT FURTHER RESOLVED that in addition to the contract document itself, the Mayor is also empowered to execute all change orders relative to the contract after approval by the City Council by means of an appropriate resolution.

 

     BE IT FURTHER RESOLVED that a copy of the said contract 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, Mire and D. Richard

     NAYS: None

     ABSTAINED: None

    ABSENT: None

 

     And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                     Jerome Richard, President

 

            Badeaux and Associates, the Project Engineer for the South Thibodaux Gas Rehabilitation Project, advised the Council Administrator that the project is substantially complete in accordance with all contract documents and specifications.  It is now necessary for the City Council to consider the adoption of a resolution of substantial completion in order to commence the 45-day lien period on this contract.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution of substantial completion for the South Thibodaux Gas Line Renovation Project.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO. 1133

 

     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 Valentine & LeBlanc dated September 22, 2003 for the South Thibodaux Gas Line Renovation Project; and     

 

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on June 22, 2005; 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 less and except any items included on a punch list.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on July 19, 2005 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 Valentine & LeBlanc, Inc., 15043 Terrell Road , Baton Rouge , LA 70816 and to Badeaux Engineers, P.O. Box 1055 , Thibodaux , LA 70302 .

 

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

 

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

     NAYS:        None

     ABSENT: None

     ABSTAIN: None

    

    And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                    /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            Badeaux and Associates, the Project Engineer for the Water Plant No. 2 Rehabilitation Project, advised the Council Administrator that it is necessary for the City Council to consider the approval of Change Order No. 2 for this project.  This change order is being proposed in order to adjust the contract price as a result of approved additional work and liquidated damages due to delay of completion of the project.  The proposed change order would decrease the contract price by $16,586.12.

 

            On motion of Councilman Mire, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 2 for the Water Plant No. 2 Rehabilitation and Modification Project.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO. 1134

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN

CHANGE ORDER #2 WITH VOLUTE, INC. FOR THE

THIBODAUX WATER PLANT NO. 2 REHABILITATION

AND MODIFICATIONS 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 Volute, Inc. for the Thibodaux Water Plant No. 2 Rehabilitation and Modifications Project; and

 

     WHEREAS, due to the reconciliation of all contract quantities which includes the assessment of liquidated damages, the execution of a change order is required; and

 

     WHEREAS, the proposed change order decreases the contract price in the amount of  $16,586.12 under the current contract price for a final contract price of $1,475,553.49.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 2 with Volute, Inc. 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, Mire and D. Richard

     NAYS: None

     ABSTAINED: None

     ABSENT: None

 

     And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                    Jerome Richard, President

 

            Act No. 859 of the 2004 Legislative Session requires that all new Planning and Zoning Commission and Board of Adjustment members acquire four hours of training relative to the discharge of their duties for their respective governmental agencies.

 

            By acclamation the City Council voted to adopt a resolution commending members of the Planning and Zoning Commission and the Board of Adjustments for completing training mandated by Act 859.

 

            RESOLUTION NO. 1135

 

 

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

 

     WHEREAS, Act No. 859 of the 2004 Regular Session of the Louisiana Legislature requires that all new members of the planning and zoning commission and board of adjustment attend four hours of training in the administration of their duties; and

 

     WHEREAS, a session was held on June 29, 2005 for the purpose of providing the aforesaid training; and

 

      WHEREAS, the following current board and commission members attended the training session although it was not required by law:

 

            Clay Breaud                                                     Marguerite Erwin

            Malcolm Hodnett                                              Gary McNeal, Jr.

            Rudy Soignet                                                    Clarence Savoie

            Monica Wilson

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the aforestated members of the Planning and Zoning Commission and Board of Adjustment be commended for completing the training mandated by state law and do hereby support their efforts of receiving continuing education in the administration of their duties on their respective board or commission.

 

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

 

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

             NAYS: None

             ABSENT: None

 

            And the above resolution was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                                        /s/Jerome Richard

Tommy Eschete, Council Adm.                        Jerome Richard, President

 

            A public hearing was held on an ordinance authorizing the execution of a contract with Acadian Gas Pipeline for the purchase of natural gas.

 

            Mr. Keith Masterson has informed the Council Administrator that Acadian Gas Pipeline has submitted a proposal to the City of Thibodaux for the sale of natural gas for the period through June 30, 2006.  The proposal is similar to our current contract in that Acadian proposed to sell the City natural gas based on a price published on the I.F. Henry Hub Index plus an add-on of $0.43 per mmBtu.  The add-on will remain as it has been for the past two years.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance authorizing the Mayor to sign a contract with Acadian Gas Pipeline for the purchase of natural gas .  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO.  2254

 

 

                                                AN ORDINANCE AUTHORIZING THE MAYOR

                                                TO SIGN A CONTRACT WITH ACADIAN GAS

                                                 PIPELINE FOR THE PURCHASE OF NATURAL

                                                 GAS

                       

 

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

 

     WHEREAS, the City has negotiated with Acadian Gas Pipeline to supply the City with natural gas for a period of one year through June 30, 2006 with an option to continue the agreement for an additional one year period; and

 

     WHEREAS, the rate charged the city would be that rate established by the I.F. Henry Hub Index plus $0.43 per mmBtu; and

 

     WHEREAS, it is necessary to execute a contract with Acadian Gas Pipeline in order to purchase gas for the period and cost mentioned hereinbefore.

 

     NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor be and is hereby authorized to execute a contract with Acadian Gas Pipeline for the purchase of natural gas for the period ending June 30, 2006 as outlined above.

 

     BE IT FURTHER ORDAINED that a copy of the said contract 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, Mire and D. Richard

     NAYS: None

     ABSTAINED: None          

     ABSENT: None

 

     And the above ordinance was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard        

Tommy Eschete, Council Adm.                    Jerome Richard, President

 

            A public hearing was then held on an ordinance to establish a “No Parking” area on the section of East 7th Street near its intersection with Bayou Lane approximately 200 feet.

           

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend and re-enact Section 20-13, Sub-Section (x) of the Thibodaux City Code of Ordinances.   Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO. 2255

 

 

                                                AN ORDINANCE TO AMEND AND RE-ENACT

                                                SECTION 20-13, SUB-SECTION (x) OF THE

THIBODAUX CITY CODE OF ORDINANCES 

 

 

 

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 20-13, Sub-Section (x) of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to add to read as follows:

 

     Sec. 20-13. Method of Parking, no parking areas, designation of streets.

 

 

(x) No parking on the north side of East Seventh Street from Canal Boulevard to Tetreau Street, and cars parking on the south side must park with the right side parallel to and as close to the curb as possible.

No Parking on East Seventh Street from its intersection with Bayou Lane west a distance of approximately two hundred (200) feet.

             

 

           

 

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

 

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

             NAYS: None

             ABSTAINED: None  

            ABSENT: None

 

            And the above ordinance was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            The City owns property located adjacent to Thibodaux Lumber and Concrete that is located on Rue Loudon.  The Mayor has declared that the property is not needed for public use and has negotiated with the aforesaid company for the purchase of the property.  An appraisal was performed, and Thibodaux Lumber has agreed to purchase the tract of property at its appraised price of $45,400.  The transaction includes the exchange of two tracts between the City and the company with the company compensating the City for the difference in value of the two tracts.

 

            On motion of Councilman Swanner, seconded by Councilman Mire, the Council voted to adopt an ordinance declaring certain City property surplus and subject to sale.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO. 2256

 

   AN ORDINANCE DECLARING CERTAIN CITY

    PROPERTY SURPLUS AND SUBJECT TO SALE

 

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

 

     WHEREAS, it has been decided that certain property owned by the City of Thibodaux is no longer needed for public purposes (see description below); and

 

     WHEREAS, in accordance with the provisions of Title 33, Section 4712 of the Louisiana Revised Statutes (R.S.  33:4712), the City Council must adopt a ordinance declaring the said surplus property surplus and fixing the minimum price at and terms of the sale; and

 

     WHEREAS, the City may sell or dispose of this property to private persons at a private sale; and

 

     WHEREAS, this ordinance shall be published in accordance with the provisions of the aforementioned statutes in the local journal prior to the sale of the property; and

 

     WHEREAS, any opposition to this proposed ordinance shall be made in writing and filed with the Council Administrator of the City of Thibodaux within fifteen (15) days after the first publication of the following Notice of Proposed Ordinance:

 

NOTICE OF PROPOSED ORDINANCE

 

NOTICE IS HEREBY GIVEN that an Ordinance has been introduced and is proposed for adoption by the City Council of the City of Thibodaux whereby, the City would sell by private sale to Thibodaux Lumber and Concrete Co., Inc., for and in consideration the price and sum of Forty-Five Thousand, Four Hundred AND No/100 ($45,400.00) DOLLARS the following described property, to-wit:

 

A certain tract or parcel of land fronting Rue Loudon and measuring approximately ­­­­­25,933 square feet

 

Said tract of land being more particularly described on the map of survey prepared by David A. Waitz, Consulting Engineer, dated May 14, 2003 approved June 5, 2003.

 

This sale is made and accepted subject to the following terms and conditions:

property is sold “ as is”

property is sold without warranties, representations or guarantees, either express or implied

property is sold subject to restrictive covenants, easements, obligations of ownership, etc. affecting the described property of record in the Clerk of Court's Office in and for Lafourche Parish , Louisiana

purchaser shall erect a fence equipped with screening in the rear or to the East of the property purchased, such fence shall be at least six (6) feet in height

 

Any opposition to the proposed Ordinance shall be made in writing and filed with the Council Administrator within fifteen (15) days after the first publication of this Notice.

If an opposition is filed, the City of Thibodaux shall not adopt the Ordinance until a hearing has been held.

 

/s/ Tommy Eschete     

             Tommy Eschete

Council Administrator

 

     WHEREAS, this ordinance shall not become effective until ten (10) days after its adoption provided no order filing objection to the sale is issued by a court of competent jurisdiction; and

 

     WHEREAS, any sale made relative to this matter shall be final and shall not include any warranties or any oil/mineral rights.

 

     NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session that the following City property be and is hereby declared surplus in accordance with the State Statutes referred to herein:

 

     PROPERTY DESCRIPTION                      MINIMUM  SALES  PRICE

    

     A certain tract or parcel of land                $45,400.00     

     fronting Rue Loudon and measuring

     Approximately 25,933 square feet

 

     BE IT FURTHER ORDAINED that the City Council of the City of Thibodaux does hereby authorize the Mayor to execute all necessary documents including an Act of Cash Sale for and on behalf of the City of Thibodaux .

 

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

 

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

         NAYS: None

         ABSTAINED: None

         ABSENT: None

 

     And the above ordinance was declared adopted this 19th day of July 2005.

 

/s/Tommy Eschete                    /s/Jerome Richard

Tommy Eschete, Council Adm.                  Jerome Richard, President

 

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance authorizing the Mayor to execute a cash sale with Thibodaux Lumber and Concrete for the sale of surplus property.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

  ORDINANCE NO. 2257  

 

 

                                     AN ORDINANCE AUTHORIZING THE MAYOR  TO

                                    EXECUTE A CASH SALE WITH THIBODAUX LUMBER

                                    AND CONCRETE FOR THE SALE OF SURPLUS CITY

                                    PROPERTY 

 

 

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

 

                        WHEREAS, the City has declared a certain piece of property located on Rue Loudon surplus; and

   

                        WHEREAS, the City has negotiated with Thibodaux Lumber and Concrete for the sale of the property a at a price of $45,400; and

 

                        WHEREAS, the negotiated sale price is in accordance with the established appraised value of the property; and

 

                        WHEREAS, it is necessary to authorize the Mayor to execute a Cash Sale with Thibodaux Lumber and Concrete as outlined above.

 

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that the Mayor be and is hereby authorized to execute the said Cash Sale with Thibodaux Lumber and Concrete for the sale of property located along Rue Loudon for the sale price of $45,400.

 

            BE IT FURTHER ORDAINED that a copy of the Cash Sale 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, Mire and D. Richard        

             NAYS:  None

            ABSTAINED: None

            ABSENT: None

 

            And the above ordinance was declared adopted this 19th day of July 2005.

 

_____________________________                   ____________________________
Tommy Eschete, Council Adm.                          Jerome Richard, President

 
   
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