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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OFFICIAL MINUTES OF THE CITY COU

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
OCTOBER 18, 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, October 18, 2005 at 5:00 o’clock P.M.

 

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

 

            There were also present:  Ms. Germaine Jackson, City Attorney.

 

            Mayor Charles Caillouet was absent.

 

            The minutes of the October 4, 2005 Council meeting were approved as written.

 

            Councilman Mire introduced an ordinance to extend the corporate limits of the City of Thibodaux to include a 7.444-acre tract of property owned by Acadia Agricultural Holdings, LLC bounded by Bowie Road, North Acadia Road and Percy Brown Road.  The public hearing on this ordinance will be held at the November 1, 2005 City Council meeting.

 

            The Grants Director has informed the Council Administrator that the Mayor has requested that Leonard Chauvin prepare an engineering contract authorizing the design of lighting improvements to the walking trails at MLK Park and Peltier Park.  A portion of the cost of this project will be acquired through an LWCF Grant.

 

            On motion of Councilman Winston, seconded by Councilman Gene Richard, the Council voted to adopt a resolution authorizing the Mayor to sign an engineering contract with Leonard Chauvin for the MLK Park and Peltier Park walking track lighting 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. 1149

 

                       A RESOLUTION AUTHORIZING THE MAYOR

                      TO SIGN AN ENGINEERING CONTRACT WITH

LEONARD CHAUVIN FOR THE MLK WALKING

TRACK LIGHTING PROJECT

 

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

 

     WHEREAS, the City is planning to construct lighting improvements to the walking track at MLK Park; and

 

     WHEREAS, the Mayor has selected Leonard Chauvin to perform the design and supervise the construction of the said project; and

 

    WHEREAS, it is necessary to execute a contract with the said engineering firm for the services to be rendered in conjunction with this project

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an engineering contract with Leonard Chauvin for the design of the lighting improvements to the walking track at MLK Park.

 

     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

     ABSTAIN: None

     ABSENT: None

 

     And the above resolution was declared adopted this 18th day of October 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.             Jerome Richard, President  

 

            The Grants Director asked the Council to consider tabling the vote on a resolution authorizing the Mayor to sign an engineering contract with Leonard Chauvin for the Peltier Park Pedestrian Bridge Project until further notice.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard the Council voted to table the engineering contract with Leonard Chauvin until further notice.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            The Grants Director has informed the Council Administrator that the US Department of Transportation and the FAA has notified her that the City can proceed with improvements to the Thibodaux Municipal Airport.  The purpose of the grant award was to fund the hard surfacing of the existing aggregate airport access road.  The FAA has informed the City that the grant offer to the City for this project is $242,100, which is 95% of the total estimated cost.  The City currently has acquired $26,900 available in matching funds from LA DOTD for the same project.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution authorizing the Mayor to sign a grant agreement with the LA DOTD Division of Aviation.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO. 1150

 

 

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

 

                        WHEREAS, Title 2 of the Louisiana Revised Statutes of 1950 provides that cities, towns, parishes, and other political subdivisions of this State may separately or jointly acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft; and,

 

                        WHEREAS, the State of Louisiana, Department of Transportation and Development, Division of Aviation (formerly the LA DOTD-OAPT) is charged by Title 2 with the responsibility for the development of aviation facilities within the State to foster air commerce and to safeguard the interests of those engaged in all phases of the aviation industry and of the general public; and,

 

                        WHEREAS, the City of Thibodaux, hereinafter referred to as “Sponsor”, has completed an FAA and DOTD approved Master Plan, Action Plan, and/or Airport Layout Plan which outlines the specific future development of the Thibodaux Municipal Airport; and, the Sponsor is desirous of implementing a portion of the approved Plan recommendations which provide for the critically needed improvements as stated below to substantially improve the safety and usability of the Airport, but does not have sufficient funds of its own required for completing the needed improvements; and,

 

                        WHEREAS, these improvements include the following: Priority 1 - Access Road; Priority 2 Precision Approach Path; and Priority 3— Aviation Easements; and,

 

                        WHEREAS, the LA DOTD, Division of Aviation is authorized by Title 2 to expend funds for the construction or enlargement of airports for the safety and advancement of aeronautics;

 

                        NOW, THEREFORE, BE IT RESOLVED:

 

SECTION I

 

That the Sponsor does hereby formally request that the LA DOTD, Division of Aviation provide funds required to complete the airport improvements at the Thibodaux Municipal Airport specifically as described in the Application for State Financial Assistance dated September 29, 2004:

 

SECTION II

 

That the said LA DOTD, Division of Aviation be and is hereby assured that all necessary servitudes, rights-of-way, rights of ingress and egress and means thereof will be furnished by the Sponsor and the titles thereto will be valid and indefeasible, and that the Sponsor will assume ownership, financial reporting, and complete responsibility for the maintenance and upkeep of the airport after completion of said improvement.

 

SECTION III

 

That the Sponsor will save and hold the said LA DOTD, Division of Aviation, its officers, agents, and employees harmless from any liability or claim for damages arising out of the project, including death or injuries to third parties including, but not limited to, liability or claim for damages out of the negligence of said LA DOTD, Division of Aviation, its officers, agents, or employees, and expressly agrees to defend any suit of any nature brought against the LA DOTD, Division of Aviation as a result of this project.

 

SECTION IV

 

That the Mayor of the Sponsor be and is hereby authorized and directed to evidence this agreement by affixing his signature on subsequent related documents/agreements as required by the rules and regulations of the Federal Aviation Administration and the State of Louisiana and the Council Administrator is hereby authorized to attest said execution.

 

SECTION V

 

That this resolution shall be in full force and effect from and after its adoption

 

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 18th day of October 2005.

 

 

/s/Tommy Eschete                                                        /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider the approval of Change Order No. 1 for the Belle Meade Drainage Improvement Project.  The change order is being proposed in order to adjust the final contract price as a result of approved additional work and reconciliation of all contract unit pricing and adjusted quantities.  The proposed change order would increase the final contract price by $6,540.99 thereby making the final contract price $230,524.44.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt a resolution approving change order no. 1 for the Belle Meade Drainage Improvement 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.  1151

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH BYRON TALBOT CONTRACTORS, INC. FOR THE BELLE MEADE DRAINAGE IMPROVEMENTS 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 Byron E. Talbot Contractor, Inc. for the Belle Meade Subdivision Drainage Improvements Project; and

 

     WHEREAS, due to the reconciliation of all contract quantities, the execution of a change order is required; and

 

     WHEREAS, the proposed change order increases the contract price in the amount of  $6,540.99 under the original contract bid for a final contract price of $230,524.44.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Byron E. Talbot Contractor, 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 18th day of October 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                     Jerome Richard, President   

 

            The Project Engineer, T. Baker Smith, has advised the Council Administrator that the Belle Meade Drainage Improvement Project is substantially complete in accordance with all contract documents and specifications.  It is 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 the construction contract.

 

            Councilman Gene Richard stated that he could not vote for substantial completion due to the complaints that he has received from the residents concerning the construction of the project.  The residents are upset with the materials that were used to fill in the areas cut to install the culverts in the project.

 

            Jimmy Ledet, Project Engineer, stated that he has talked to the contractor about the concerns of the residents and that the rocks and debris will be cleared out of the soil used to fill in after the installation of the culverts.

 

            On motion of Councilman Mire, seconded by Councilman Winston, the Council voted to adopt a resolution of substantial completion for the Belle Meade Drainage Improvement Project.  Upon roll call the vote was as follows:

 

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

            NAYS: Councilman G. Richard

            ABSENT: None

 

RESOLUTION NO.  1152

 

     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 Byron E. Talbot Contractor, Inc. dated July 8, 2005 for the Belle Meade Drainage Improvements Project; and  

  

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on October 10, 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 October 18, 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 Byron E. Talbot Contractor, Inc., P.O. Box 5658, Thibodaux, LA 70302, and to T. Baker Smith & Son, 315 East 2nd Street, Thibodaux, LA 70301.

 

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

 

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

     NAYS:        Councilman G. Richard

     ABSENT: None

     ABSTAIN: None

    

    And the above resolution was declared adopted this 18th day of October 2005.

 

 

/s/Tommy Eschete                    /s/ Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            A public hearing was then held on an ordinance authorizing the Mayor to execute an agreement with the Thibodaux Chamber of Commerce.

 

            The Thibodaux Chamber of Commerce provides many services to the City relative to the promotion of tourism and economic development in the City of Thibodaux.  The Mayor wishes to assist the Chamber in their promotion of our City by providing funding to offset the expenses the Chamber incurs.  The Mayor wishes to contribute $10,000 to the Chamber over a two-year period.  The total of payments would be paid prior to December 31, 2007.

 

            On motion of Councilman Gene Richard, seconded by Councilman Swanner, the Council voted to adopt an ordinance authorizing the Mayor to execute a cooperative endeavor agreement with the Thibodaux Chamber of Commerce.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO.  2272

 

                        AN ORDINANCE AUTHORIZING THE MAYOR TO

                        EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT

                         WITH THE THIBODAUX CHAMBER OF COMMERCE

 

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

 

            WHEREAS, the Thibodaux Chamber of Commerce actively promotes tourism and economic development within the City of Thibodaux; and

 

            WHEREAS, the City desires to provide funding to the Thibodaux Chamber of Commerce for the invaluable service it provides the City in the aforesaid arenas; and

 

            WHEREAS, the City desires to provide an amount not to exceed $10,000 for a two year period with $5,000 payable on or before December 31, 2006 and the balance of $5,000 payable on or before December 31, 2007; and

 

            WHEREAS, in order for the City to provide the said funding, it is necessary to execute a supplemental cooperative endeavor agreement outlining the benefits to be received by the City of Thibodaux in exchange for the said funding; and

 

            WHEREAS, in order for the City to execute this proposed agreement it is necessary for the Council to authorize the Mayor to execute the said cooperative endeavor agreement.

 

            NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor is hereby authorized to execute a Cooperative Endeavor Agreement with the Thibodaux Chamber of Commerce for the purposes, and under the conditions mentioned hereinabove.

 

            BE IT FURTHER ORDAINED that a copy of the said agreement 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 18th day of October 2005.

 

/s/Tommy Eschete                                                        /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            On motion of Councilman Dee Richard, seconded by Councilman Mire, the Council voted to table the public hearing on an ordinance to amend and re-enact Section 20-13 of the Thibodaux City Code of Ordinances until the November 1, 2005 City Council meeting.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            The Mayor has requested that the City Council declare a state of emergency in the City in conjunction with the aftermath of Hurricanes Katrina and Rita.  The purpose of this is to authorize the Mayor to execute contracts or service agreements in order to restore the City, mainly the damage sustained at the Thibodaux Civic Center as a result of these storms, to normal operating condition.

 

            On motion of Councilman Gene Richard, seconded by Councilman Mire, the Council voted to add to the agenda an ordinance declaring a state of emergency.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt a resolution declaring a state of emergency in the City in conjunction with the aftermath of Hurricanes Katrina and Rita.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO.  2273

 

            AN ORDINANCE DECLARING A STATE OF EMERGENCY

            IN THE CITY IN CONJUNCTION WITH THE AFTERMATH

            OF HURRICANES KATRINA AND RITA

 

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

 

     WHEREAS, the effects of Hurricanes Katrina and Rita have caused a significant amount of damage to the Thibodaux Civic Center roof and facility interior; and

 

     WHEREAS, the said damage has left the facility venerable to every rain event which may occur prior to the repair to the roof along with the growth of mold and mildew; and

 

      WHEREAS, any delay in addressing the damage at the Civic Center associated with the aftermath of the hurricane may cause even further damage than has already occurred; and

 

    NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Thibodaux does hereby declare the situation in the City relative to Hurricanes Katrina and Rita an emergency in conjunction with the provisions of Article V, Section 4 of the Thibodaux City Charter.

 

     BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute any and all service contracts required in order to address the cleanup and recovery efforts of the City relative to the damages caused by these hurricanes.

 

     BE IT FURTHER ORDAINED that public bid requirements relative to the aforestated emergency shall be waived in accordance with the provisions of LRS 38:2212D(1).

 

     BE IT FURTHER ORDAINED that the provisions of this ordinance shall become effective immediately upon adoption.

 

    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 18th day of October 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.            Jerome Richard, President   

 

            The City Attorney has informed the Council Administrator that a settlement (consent judgment) proposal has been made to the City in a lawsuit filed by East First Street LLC, relative to certain City zoning issues.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt a motion to recess to executive session to discuss the status of ongoing litigation entitled East First Street, LLC and M & B Rentals of America vs. No. 101760 Board of Adjustments and City of Thibodaux.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to convene regular session.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            On motion of Councilman Gene Richard, seconded by Councilman Mire the Council voted to adopt a motion to reject the settlement proposal from East First Street LLC.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

There being no further business the meeting was adjourned.

 

 

 

__________________________                    ___________________________

Tommy Eschete, Council Adm.                     Jerome Richard, President   


 

 
     
 
OFFICIAL MINUTES OF THE CITY COU

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
OCTOBER 18, 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, October 18, 2005 at 5:00 o’clock P.M.

 

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

 

            There were also present:  Ms. Germaine Jackson, City Attorney.

 

            Mayor Charles Caillouet was absent.

 

            The minutes of the October 4, 2005 Council meeting were approved as written.

 

            Councilman Mire introduced an ordinance to extend the corporate limits of the City of Thibodaux to include a 7.444-acre tract of property owned by Acadia Agricultural Holdings, LLC bounded by Bowie Road, North Acadia Road and Percy Brown Road.  The public hearing on this ordinance will be held at the November 1, 2005 City Council meeting.

 

            The Grants Director has informed the Council Administrator that the Mayor has requested that Leonard Chauvin prepare an engineering contract authorizing the design of lighting improvements to the walking trails at MLK Park and Peltier Park.  A portion of the cost of this project will be acquired through an LWCF Grant.

 

            On motion of Councilman Winston, seconded by Councilman Gene Richard, the Council voted to adopt a resolution authorizing the Mayor to sign an engineering contract with Leonard Chauvin for the MLK Park and Peltier Park walking track lighting 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. 1149

 

                       A RESOLUTION AUTHORIZING THE MAYOR

                      TO SIGN AN ENGINEERING CONTRACT WITH

LEONARD CHAUVIN FOR THE MLK WALKING

TRACK LIGHTING PROJECT

 

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

 

     WHEREAS, the City is planning to construct lighting improvements to the walking track at MLK Park; and

 

     WHEREAS, the Mayor has selected Leonard Chauvin to perform the design and supervise the construction of the said project; and

 

    WHEREAS, it is necessary to execute a contract with the said engineering firm for the services to be rendered in conjunction with this project

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an engineering contract with Leonard Chauvin for the design of the lighting improvements to the walking track at MLK Park.

 

     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

     ABSTAIN: None

     ABSENT: None

 

     And the above resolution was declared adopted this 18th day of October 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.             Jerome Richard, President  

 

            The Grants Director asked the Council to consider tabling the vote on a resolution authorizing the Mayor to sign an engineering contract with Leonard Chauvin for the Peltier Park Pedestrian Bridge Project until further notice.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard the Council voted to table the engineering contract with Leonard Chauvin until further notice.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            The Grants Director has informed the Council Administrator that the US Department of Transportation and the FAA has notified her that the City can proceed with improvements to the Thibodaux Municipal Airport.  The purpose of the grant award was to fund the hard surfacing of the existing aggregate airport access road.  The FAA has informed the City that the grant offer to the City for this project is $242,100, which is 95% of the total estimated cost.  The City currently has acquired $26,900 available in matching funds from LA DOTD for the same project.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution authorizing the Mayor to sign a grant agreement with the LA DOTD Division of Aviation.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

RESOLUTION NO. 1150

 

 

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

 

                        WHEREAS, Title 2 of the Louisiana Revised Statutes of 1950 provides that cities, towns, parishes, and other political subdivisions of this State may separately or jointly acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft; and,

 

                        WHEREAS, the State of Louisiana, Department of Transportation and Development, Division of Aviation (formerly the LA DOTD-OAPT) is charged by Title 2 with the responsibility for the development of aviation facilities within the State to foster air commerce and to safeguard the interests of those engaged in all phases of the aviation industry and of the general public; and,

 

                        WHEREAS, the City of Thibodaux, hereinafter referred to as “Sponsor”, has completed an FAA and DOTD approved Master Plan, Action Plan, and/or Airport Layout Plan which outlines the specific future development of the Thibodaux Municipal Airport; and, the Sponsor is desirous of implementing a portion of the approved Plan recommendations which provide for the critically needed improvements as stated below to substantially improve the safety and usability of the Airport, but does not have sufficient funds of its own required for completing the needed improvements; and,

 

                        WHEREAS, these improvements include the following: Priority 1 - Access Road; Priority 2 Precision Approach Path; and Priority 3— Aviation Easements; and,

 

                        WHEREAS, the LA DOTD, Division of Aviation is authorized by Title 2 to expend funds for the construction or enlargement of airports for the safety and advancement of aeronautics;

 

                        NOW, THEREFORE, BE IT RESOLVED:

 

SECTION I

 

That the Sponsor does hereby formally request that the LA DOTD, Division of Aviation provide funds required to complete the airport improvements at the Thibodaux Municipal Airport specifically as described in the Application for State Financial Assistance dated September 29, 2004:

 

SECTION II

 

That the said LA DOTD, Division of Aviation be and is hereby assured that all necessary servitudes, rights-of-way, rights of ingress and egress and means thereof will be furnished by the Sponsor and the titles thereto will be valid and indefeasible, and that the Sponsor will assume ownership, financial reporting, and complete responsibility for the maintenance and upkeep of the airport after completion of said improvement.

 

SECTION III

 

That the Sponsor will save and hold the said LA DOTD, Division of Aviation, its officers, agents, and employees harmless from any liability or claim for damages arising out of the project, including death or injuries to third parties including, but not limited to, liability or claim for damages out of the negligence of said LA DOTD, Division of Aviation, its officers, agents, or employees, and expressly agrees to defend any suit of any nature brought against the LA DOTD, Division of Aviation as a result of this project.

 

SECTION IV

 

That the Mayor of the Sponsor be and is hereby authorized and directed to evidence this agreement by affixing his signature on subsequent related documents/agreements as required by the rules and regulations of the Federal Aviation Administration and the State of Louisiana and the Council Administrator is hereby authorized to attest said execution.

 

SECTION V

 

That this resolution shall be in full force and effect from and after its adoption

 

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 18th day of October 2005.

 

 

/s/Tommy Eschete                                                        /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider the approval of Change Order No. 1 for the Belle Meade Drainage Improvement Project.  The change order is being proposed in order to adjust the final contract price as a result of approved additional work and reconciliation of all contract unit pricing and adjusted quantities.  The proposed change order would increase the final contract price by $6,540.99 thereby making the final contract price $230,524.44.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt a resolution approving change order no. 1 for the Belle Meade Drainage Improvement 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.  1151

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH BYRON TALBOT CONTRACTORS, INC. FOR THE BELLE MEADE DRAINAGE IMPROVEMENTS 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 Byron E. Talbot Contractor, Inc. for the Belle Meade Subdivision Drainage Improvements Project; and

 

     WHEREAS, due to the reconciliation of all contract quantities, the execution of a change order is required; and

 

     WHEREAS, the proposed change order increases the contract price in the amount of  $6,540.99 under the original contract bid for a final contract price of $230,524.44.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Byron E. Talbot Contractor, 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 18th day of October 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.                     Jerome Richard, President   

 

            The Project Engineer, T. Baker Smith, has advised the Council Administrator that the Belle Meade Drainage Improvement Project is substantially complete in accordance with all contract documents and specifications.  It is 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 the construction contract.

 

            Councilman Gene Richard stated that he could not vote for substantial completion due to the complaints that he has received from the residents concerning the construction of the project.  The residents are upset with the materials that were used to fill in the areas cut to install the culverts in the project.

 

            Jimmy Ledet, Project Engineer, stated that he has talked to the contractor about the concerns of the residents and that the rocks and debris will be cleared out of the soil used to fill in after the installation of the culverts.

 

            On motion of Councilman Mire, seconded by Councilman Winston, the Council voted to adopt a resolution of substantial completion for the Belle Meade Drainage Improvement Project.  Upon roll call the vote was as follows:

 

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

            NAYS: Councilman G. Richard

            ABSENT: None

 

RESOLUTION NO.  1152

 

     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 Byron E. Talbot Contractor, Inc. dated July 8, 2005 for the Belle Meade Drainage Improvements Project; and  

  

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on October 10, 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 October 18, 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 Byron E. Talbot Contractor, Inc., P.O. Box 5658, Thibodaux, LA 70302, and to T. Baker Smith & Son, 315 East 2nd Street, Thibodaux, LA 70301.

 

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

 

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

     NAYS:        Councilman G. Richard

     ABSENT: None

     ABSTAIN: None

    

    And the above resolution was declared adopted this 18th day of October 2005.

 

 

/s/Tommy Eschete                    /s/ Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            A public hearing was then held on an ordinance authorizing the Mayor to execute an agreement with the Thibodaux Chamber of Commerce.

 

            The Thibodaux Chamber of Commerce provides many services to the City relative to the promotion of tourism and economic development in the City of Thibodaux.  The Mayor wishes to assist the Chamber in their promotion of our City by providing funding to offset the expenses the Chamber incurs.  The Mayor wishes to contribute $10,000 to the Chamber over a two-year period.  The total of payments would be paid prior to December 31, 2007.

 

            On motion of Councilman Gene Richard, seconded by Councilman Swanner, the Council voted to adopt an ordinance authorizing the Mayor to execute a cooperative endeavor agreement with the Thibodaux Chamber of Commerce.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO.  2272

 

                        AN ORDINANCE AUTHORIZING THE MAYOR TO

                        EXECUTE A COOPERATIVE ENDEAVOR AGREEMENT

                         WITH THE THIBODAUX CHAMBER OF COMMERCE

 

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

 

            WHEREAS, the Thibodaux Chamber of Commerce actively promotes tourism and economic development within the City of Thibodaux; and

 

            WHEREAS, the City desires to provide funding to the Thibodaux Chamber of Commerce for the invaluable service it provides the City in the aforesaid arenas; and

 

            WHEREAS, the City desires to provide an amount not to exceed $10,000 for a two year period with $5,000 payable on or before December 31, 2006 and the balance of $5,000 payable on or before December 31, 2007; and

 

            WHEREAS, in order for the City to provide the said funding, it is necessary to execute a supplemental cooperative endeavor agreement outlining the benefits to be received by the City of Thibodaux in exchange for the said funding; and

 

            WHEREAS, in order for the City to execute this proposed agreement it is necessary for the Council to authorize the Mayor to execute the said cooperative endeavor agreement.

 

            NOW, THEREFORE BE IT ORDAINED by the City Council that the Mayor is hereby authorized to execute a Cooperative Endeavor Agreement with the Thibodaux Chamber of Commerce for the purposes, and under the conditions mentioned hereinabove.

 

            BE IT FURTHER ORDAINED that a copy of the said agreement 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 18th day of October 2005.

 

/s/Tommy Eschete                                                        /s/Jerome Richard

Tommy Eschete, Council Adm.                         Jerome Richard, President

 

            On motion of Councilman Dee Richard, seconded by Councilman Mire, the Council voted to table the public hearing on an ordinance to amend and re-enact Section 20-13 of the Thibodaux City Code of Ordinances until the November 1, 2005 City Council meeting.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            The Mayor has requested that the City Council declare a state of emergency in the City in conjunction with the aftermath of Hurricanes Katrina and Rita.  The purpose of this is to authorize the Mayor to execute contracts or service agreements in order to restore the City, mainly the damage sustained at the Thibodaux Civic Center as a result of these storms, to normal operating condition.

 

            On motion of Councilman Gene Richard, seconded by Councilman Mire, the Council voted to add to the agenda an ordinance declaring a state of emergency.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt a resolution declaring a state of emergency in the City in conjunction with the aftermath of Hurricanes Katrina and Rita.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

ORDINANCE NO.  2273

 

            AN ORDINANCE DECLARING A STATE OF EMERGENCY

            IN THE CITY IN CONJUNCTION WITH THE AFTERMATH

            OF HURRICANES KATRINA AND RITA

 

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

 

     WHEREAS, the effects of Hurricanes Katrina and Rita have caused a significant amount of damage to the Thibodaux Civic Center roof and facility interior; and

 

     WHEREAS, the said damage has left the facility venerable to every rain event which may occur prior to the repair to the roof along with the growth of mold and mildew; and

 

      WHEREAS, any delay in addressing the damage at the Civic Center associated with the aftermath of the hurricane may cause even further damage than has already occurred; and

 

    NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Thibodaux does hereby declare the situation in the City relative to Hurricanes Katrina and Rita an emergency in conjunction with the provisions of Article V, Section 4 of the Thibodaux City Charter.

 

     BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute any and all service contracts required in order to address the cleanup and recovery efforts of the City relative to the damages caused by these hurricanes.

 

     BE IT FURTHER ORDAINED that public bid requirements relative to the aforestated emergency shall be waived in accordance with the provisions of LRS 38:2212D(1).

 

     BE IT FURTHER ORDAINED that the provisions of this ordinance shall become effective immediately upon adoption.

 

    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 18th day of October 2005.

 

/s/Tommy Eschete                                            /s/Jerome Richard

Tommy Eschete, Council Adm.            Jerome Richard, President   

 

            The City Attorney has informed the Council Administrator that a settlement (consent judgment) proposal has been made to the City in a lawsuit filed by East First Street LLC, relative to certain City zoning issues.

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to adopt a motion to recess to executive session to discuss the status of ongoing litigation entitled East First Street, LLC and M & B Rentals of America vs. No. 101760 Board of Adjustments and City of Thibodaux.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            On motion of Councilman Mire, seconded by Councilman Gene Richard, the Council voted to convene regular session.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

            On motion of Councilman Gene Richard, seconded by Councilman Mire the Council voted to adopt a motion to reject the settlement proposal from East First Street LLC.  Upon roll call the vote was as follows:

 

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

            NAYS: None

            ABSENT: None

 

There being no further business the meeting was adjourned.

 

 

 

__________________________                    ___________________________

Tommy Eschete, Council Adm.                     Jerome Richard, President   


 

   
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