December
19, 2006
The Mayor and Council of the
Town of
David
T. Riggins, Mayor
Karen
Douglass, Council Member
William
“BB” Loyd, Council Member
Kevin
Merchant, Mayor Pro Tem
Kenneth
O. Stinson, Council Member
Edward
J. Vice, Council Member
ABSENT: None
ALSO PRESENT: Andre’ Buisson, Town Attorney
The following Reports were
submitted:
Total Payroll
for November, 2006 $
84,104.85
Total Receipts
for November, 2006 $636,629.07
Total
Disbursements for November, 2006 $700,215.42
Total Bills for November,
2006 $321,588.36
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David T. Riggins, Mayor
called the meeting to order. Chaplin
Tatum led in prayer,
and there followed the Pledge of Allegiance.
Mayor Riggins
made his farewell comments to the governing authority and public present.
It was moved by
Council Member Douglass that the minutes of prior meeting/s, copies of
which were mailed to each Council Member, be
approved as written. The motion was
seconded by Council Member Loyd and carried.
Mary Vice, City
Clerk gave the administration report for the month.
Ms. Vice
reported that the results of the floating holiday requests as voted on by the
employees were as follows:
POLICE
DEPARTMENT
November
23, 2007 – Day after Thanksgiving
December
24, 2007 – Christmas Eve
ADMINISTRATION,
PUBLIC WORKS & ELECTRICAL DEPARTMENTS
December
24, 2007 – Christmas Eve
August
31, 2007 – Friday before Labor Day
November
23, 2007 – Friday after Thanksgiving
It was moved by
Council Member Stinson that November 23rd and December 24th,
2007 be approved as the floating holidays for the Police Department. The motion was seconded by Council Member
Loyd and carried.
It was moved by
Council Member Merchant that August 31st, November 23rd
and December 24th, 2007, be approved as the floating holidays for
Administration, Public Works and Electrical Departments. The motion was seconded by Council Member
Stinson and carried.
Bills for the
month of November, 2006, were approved and payment authorized upon a
motion
by Council Member Douglass, seconded by Council Member Merchant and carried.
It was moved by
Council Member Douglass to amend the agenda to hear an item regarding the
garbage contract. The motion was
seconded by Council Member Stinson and carried.
Mayor Riggins introduced
Carla Tillman & Mr. Pierce with the Universal Group, who gave a
presentation on the proposed Housing Development Project on the corner of Hwy
3063 and
After
presentation, it was moved by Council Member Douglass to approve the site plan
for the Housing Development Project to be located on the corner of Hwy 3063 and
It was moved by
Council Member Douglass to approve the town’s cost for infrastructure for the
Project as discussed, pending legal clarification on said cost. The motion was seconded by Council Member
Stinson and carried.
Mr. Fred Runco,
President of ICM Consultants presented a proposed Housing Development Project
to be located off of Hwy 90 to the governing authority.
After
presentation, it was moved by Council Member Douglass to approve the preliminary
Housing Development Project to be
located off of Hwy 90 as presented. The
motion was seconded by Council Member Loyd and carried.
Mr. Vernon
Meyer, Engineer discussed proposed economic development on Exit 8 and applying
for a Capital Outlay Grant for said project.
After
discussion, it was moved by Council Member Vice to adopt the following Resolution. The motion was seconded by Council Member
Loyd and the vote cast thereon was as follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
RESOLUTION
BE IT RESOLVED
that the Governing Authority of the Town of
APPROVED AND
ADOPTED this 19th day of December, 2006.
________________________________
David
T. Riggins, Mayor
ATTEST:
_________________________________
Mary
O’Quinn Vice, City Clerk
Vernon Meyer,
Engineer reported the newest bids received for the Sewer Extension and
Rehabilitation Project as follows:
E.B.
Feucht & Sons, Inc. $1,643,685.50
Cad-Son
Construction $1,753,222.50
Mr. Meyer also
reported that the town would have to fund and additional $500,000.00 for said
project due to the cost increase as per the new bids. He also stated that we are able to apply for
an additional $150,000.00 from LCDBG to cover a partial amount of the increase.
After
discussion, it was moved by Council Member Stinson to adopt the following
Resolution. The motion was seconded by
Council Member Loyd and carried.
RESOLUTION
BE IT RESOLVED
by the Governing Authority of the Town of
BE IT FURTHER
RESOLVED that said funding shall be sought after the amendments made to said
project are approved by the state LCDBG program.
APPROVED AND
ADOPTED this 19th day of December, 2006.
_____________________________
David
T. Riggins, Mayor
ATTEST:
_____________________________
Mary
O’Quinn Vice, City Clerk
It was moved by
Council Member Douglass to adopt the following Resolution. The motion was seconded by Council Member Loyd
and carried.
RESOLUTION
BE IT RESOLVED
by the Governing Authority of the Town of
APPROVED AND
ADOPTED this 19th day of December, 2006.
________________________________
David
T. Riggins, Mayor
ATTEST:
_____________________________
Mary
O’Quinn Vice, City Clerk
Mayor Riggins
gave an update on pending grants and projects.
Mayor Riggins
reported the bids received on the Water and Sewer Extension to South of I-10
Project at Exit 7 were as follows:
SIMCO
Enterprises, LTD $508,832.00
Bessette
Development $561,698.50
CAD-Son
Construction, LLC $576,184.50
Upon the
recommendation of the Engineer, it was moved by Council Member Stinson to award
the bid for the Water and Sewer Extension to South of I-10 Project to SIMCO
Enterprises, LTD in the amount of $508,832.00.
The motion was seconded by Council Member Douglass and carried.
Mayor Riggins
discussed extending the existing garbage contract with the governing authority.
After discussion
it was moved by Council Member Vice to accept the proposed garbage contract
extension with Waste Management with the rates as follows:
January,
2007 $15.96/month
January,
2008 $16.28/month
January,
2009 $17.95/month
The
motion was seconded by Council Member Douglass and carried.
It was moved by
Council Member Stinson that the following Class A Beer Permits be approved for
2007:
Kevin
Pickett
DBA
The Lucky Delta
Glenn
Floyd Cormier
DBA
Cajun Cowboy’s
1312A
Nathan
Taylor
DBA
The Twenty-five Men Community Center
The
motion was seconded by Council Member Loyd and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
It was moved by
Council Member Stinson that the following Class A Beer Permit be approved for
2007:
Judith
A. Vice
DBA
B&B Bar
The
motion was seconded by Council Member Merchant and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant and
Stinson
NAYS: None
ABSENT: None
ABSTAINING:
Council Member Vice
It was moved by
Council Member Douglass that the following Class B Beer Permits be approved for
2007:
Kevin
Pickett
DBA
DELTA FUEL STOP
Glenn
Floyd Cormier
DBA
Glenn’s Mart Grill & Deli
Malik
Kheraj
DBA
M & K Pantry #3
1603
Hwy 90 West
Retail
Investors of
DBA
Market Basket #26
1717
Hwy 90 West
Jim
Yates
DBA
EZ Mart #369
1723
Hwy 90 West
Kia
Ty Huynh
DBA
Circle A Mini Mart, Inc.
1309
Hwy 90 West
Kuldip
Singh
DBA
TIGER MART #12
The
motion was seconded by Council Member Loyd and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
It
was moved by Council Member Stinson that the following Class A Liquor Permits
be approved for 2007:
Kevin
Pickett
DBA
The Lucky Delta
Glenn
Floyd Cormier
DBA
Cajun Cowboy’s
1312A
Nathan
Taylor
DBA
The Twenty-five Men Community Center
The
motion was seconded by Council Member Douglass and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
It was moved by
Council Member Merchant that the following Class A Liquor Permit be approved
for 2007:
Judith
A. Vice
DBA
B&B Bar
The
motion was seconded by Council Member Stinson and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant and
Stinson
NAYS: None
ABSENT: None
ABSTAINING:
Council Member Vice
It
was moved by Council Member Douglass that the following Class B Liquor Permits
be approved for 2007:
Kevin
Pickett
DBA
DELTA FUEL STOP
Glenn
Floyd Cormier
DBA
Glenn’s Mart Grill & Deli
Malik
Kheraj
DBA
M & K Pantry #3
1603
Hwy 90 West
Retail
Investors of
DBA
Market Basket #26
1717
Hwy 90 West
Jim
Yates
DBA
EZ Mart #369
1723
Hwy 90 West
Kia
Ty Huynh
DBA
Circle A Mini Mart, Inc.
1309
Hwy 90 West
Kuldip
Singh
DBA
TIGER MART #12
The
motion was seconded by Council Member Loyd and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
It was moved by
Council Member Stinson that the following Wrecker Permit be approved for 2007:
Ernest
Breaux
DBA:
BREAUX’S WRECKER SERVICE
1603
Hwy 90
The
motion was seconded by Council Member Loyd and the vote cast thereon was as
follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
Mayor Riggins
announced that Andre’ Buisson will be resigning as the Town’s Attorney
following a 6 month transition period with a new attorney.
Upon the
recommendation of the Mayor, it was moved by Council Member Douglass to retain
Thad Minaldi as the Town Attorney with a 6 month transition period with the
current attorney, and to approve the following pay schedule for both attorneys:
January,
February & March, 2007 – Attorney Buisson $1,300.00/month
Attorney Minaldi $700.00/month
April,
May & June, 2007 – Attorney Buisson $700.00/month
Attorney Minaldi $1,300.00/month
In
addition, if at the end of the 6 month transition period Attorney Buisson’s
services are still needed, he will be compensated at an hourly rate to be
discussed at that time. The motion was
seconded by Council Member Loyd and carried.
It was moved by
Council Member Stinson to recess the regular meeting for a public hearing
regarding the Building Code Ordinance.
The motion was seconded by Council Member Loyd and carried.
There being no
input from the public present, it was moved by Council Member Stinson that the
regular meeting be reconvened. The
motion was seconded by Council Member Merchant and carried.
ORDINANCE
NO. ___________
AN
ORDINANCE TO AMEND AND RE-ENACT THE COMPREHENSIVE BUILDING REGULATIONS FOR THE TOWN
OF
Be it ordained by the Board of Aldermen/Council of
the Town of Vinton, in legal session convened, that section 7-1 of the Town of
Vinton Code of Ordinances building regulations for the is hereby amended and
re-enacted to read as follows:
ARTICLE
1.
UNIFORM
CONSTRUCTION CODE ADOPTED
Effective January 1, 2007, pursuant to LA. R.S.
40:1730.21, et seq., there is hereby adopted, for the purpose of regulating the
construction, alterations, repair, equipment, use and occupancy and maintenance
of every building or structure or any appurtenance connected or attached to
such buildings or structures, excluding farm structures and recreational camps,
the Louisiana State Uniform Construction Code.
The
(1) International Building Code, 2006
Edition, not including Chapter 1 - Administration, Chapter 11 - Accessibility,
Chapter 27 - Electrical and Chapter 29 - Plumbing Systems. The applicable standards referenced in that
code are included for regulations of construction within this state.
(2) International Existing Building Code,
2006 Edition, not including Chapter 1 - Administration, and the standards
referenced in that code for regulations of construction within this state.
(3) International Residential Code, 2006
Edition, not including Parts I - Administrative, V - Mechanical, Vii - Plumbing
and Viii - Electrical. The applicable
standards referenced in that code are included for regulation of construction
within this state. Appendix J. Existing
Buildings and Structures, is also included for mandatory regulation. For the purposes of this Part, IRC R301.2.1.1
(Design Criteria) shall be amended as follows and shall only apply to the
International Residential Code, 2006 edition:
(a) Amendment of R301.2.1.1 (Design
Criteria)
(b) Item 6, The American Concrete
Institute, Guide to Concrete Masonry Residential Construction in High Winds
Areas, shall be added.
©) Item 7, Institute for Business &
Home Safety, Optional Code-plus Fortified for Safer Living, shall be added.
(d) Item 8, Federal Alliance for Safe
Homes, Optional Code-plus Blueprint for Safety, shall be added.
(4) International Mechanical Code, 2006
Edition, and the standards referenced in that code for regulation of
construction within this state.
(5) The Louisiana State Plumbing Code
((Part XIV (Plumbing) of the State Sanitary Code)) as amended by the state
health officer acting through the office of public health of the Department of
Health and Hospitals. Nothing in this
Part shall be construed so as to prevent the state health officer for enforcing
Part XIV (Plumbing) of the State Sanitary Code, the enforcement of which is his
statutory and regulatory responsibility.
(6) International Fuel Gas Code, 2006
Edition, and the standards referenced in that code for regulation of
construction within this state.
(7) National Electrical Code, 2005
Edition.
ARTICLE
II
Be it further ordained that if any provision of this
Ordinance is held invalid, such invalidity shall not effect other provisions,
items or applications of this Ordinance, which can be given effect without the
invalid provisions, items or application, and to this end the provisions of
this Ordinance are hereby declared severable.
ARTICLE
III
Be it further ordained that all Ordinances or parts
of Ordinances in conflict with this Ordinance be and the same are hereby
repealed.
Said Ordinance having been introduced on the 21st
day of November, 2006, by notice of Public Hearing having been published on the
19th day of December, 2006, said Public Hearing having been held,
title having been read and Ordinance considered, on motion by Council Member
Stinson, seconded by Council Member Merchant to adopt the Ordinance. A record vote was taken and the following
result was had:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
Whereupon, the Mayor declared the above Ordinance
duly adopted on the 21st day of December, 2006.
_______________________________
David T. Riggins, Mayor
Attest:
__________________________________
Mary O’Quinn Vice, City Clerk
It was moved by
Council Member Douglass to recess the regular meeting for a public hearing
regarding the 10 Acre Annexation Ordinance.
The motion was seconded by Council Member Stinson and carried.
There being no
input from the public present, it was moved by Council Member Douglass that the
regular meeting be reconvened. The
motion was seconded by Council Member Merchant and carried.
It was moved by
Council Member Douglass to adopt the following Ordinance. The motion was seconded by Council Member
Loyd and the vote cast thereon was as follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
WHEREAS, the Town of
WHEREAS, public notice has
been duly given in accordance with the law, of the introduction of an Ordinance
proposing to enlarge and extend the boundaries of the Town of Vinton, Louisiana
to include the said property; and
WHEREAS, after a public
hearing this date in accordance with said public notice which was duly
advertised, it has been deemed desirable that the boundaries of the Town of
Vinton, Louisiana be enlarged and extended to include the said property;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VINTON, LOUISIANA, in regular session convened, with a quorum present and
voting that the boundaries of the Town of Vinton, Louisiana, be and the same
are hereby enlarged and extended to include the following described property
situated in the Parish of Calcasieu, State of Louisiana, to-wit:
Commencing at a point on the
North Line of the Southwest Quarter (SW/4) of Section 22, Township 10 South,
Range 12 West, which said point is South 89º49’14” East 1200 feet from the
Northwest Corner of said Southwest Quarter; Thence North 01º12’46” East 470.5
feet to the South right of way line of Interstate Highway No. 10;
Thence North 64º45’46” East
along the South right of way line of said Interstate Highway No. 10 run 908.54
feet;
Thence South 01º12’46” West
860.57 feet to the North Line of the Southwest Quarter (SW/4) of Section 22,
Township 10 South, Range 12 West;
Thence West along the North
line of said Southwest Quarter a distance of 813.57 feet to point of
commencement.
BE IT FURTHER ORDAINED that the boundaries of the
Town of
Commencing
at the Northeast (NE) Corner of the Northwest Quarter (NW/4) of Section 11,
Township 10 South, Range 12 West, Thence West along the North line of said
Section 11 Township 10 South Range 12 West, and continuing West along the North
line of Section 10, Township 10 South, Range 12 West, and the North line of
Section 9, Township 10 South. Range 12 West to the Northwest (NW) Corner of the
East Half of the West Half (E 1/2 of W/2) of Section 9, Township 10 South,
Range 12 West,
Thence
South along the West line of the East half of the West Half (E 1/2 W 1/2) of
Section 9, Township 10 South, Range 12 West, and continuing South along the
West line of the East Half of the West Half (E 1/2 of W 1/2) of Section 16,
Township 10 South, Range 12 West, and continuing South along the West line of
the East Half of the West Half (E 1/2 of W 1/2) of Section 21, Township 10 South Range 12 West,
to the Southwest (SW) Corner of the Northeast Quarter of the Northwest Quarter
(NE 1/4 of NW 1/4) of Section 21, Township 10 South, Range 12 West,
Thence
East along the South line of said Northeast Quarter the Northwest Quarter (NE/4
of NW/4) of Section 21, Township 10 South, Range 12 West, to the Southeast (SE)
Corner of said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4)
Section 21, Township 10 South Range 12 West,
Thence
North along the East line of said Northeast Quarter of the Northwest Quarter
(NE/4 of NW/4) of Section 21, Township 10 South, Range 12 West to the South
line of Section 16, Township 10 South, Range 12 West,
Thence
east along the South line of Section 16, Township 10 South, Range 12 West, to
the Southeast (SE) Corner of said Section 16, Township 10 South Range 12 West
(also being Southwest Corner of Section 15, the Northwest Corner of Section 22,
and the Northeast Corner of Section 21, all in Township 10 South. Range 12
West);
Thence
South 00° 48’ 27” West along a line contiguous with Sections 21 and 22,
Township 10 South Range 12 West, for a distance of 903.25 feet;
Thence
North 88° 47’ 18” West for a distance of 51.07 feet, to a point on the West
Right-of-way line of the Interstate 10 Service Road as shown on Louisiana
Department of Transportation and Development right-of-way maps for State
Project Number 450-02-27 and an existing L.D.H. monument;
Thence
South 00° 48’ 24” West along said West right-of-way for a distance of 204.89
feet, to an existing L.D.H. monument;
Thence
South 37° 26 10” West along said West right-of-way a distance of 277.74 feet,
to an existing 3/4 inch iron pipe;
Thence
South 00° 43’ 08 West, along said West right-of-way a distance of 208.51 feet,
to an existing 3/4 inch iron pipe;
Thence
South 00° 43’ 08 West along said West right-of-way for a distance of 195.53
feet;
Thence
North 89° 44’ 19” West for a distance of 223.51 feet;
Thence
North 00° 46’ 52” East for a distance of 195.00 feet, to an existing 3/4 inch
iron pipe;
Thence
North 89° 44’ 19” West for a distance of 879.71 feet;
Thence
South 00° 47’ 59” West, for a distance of 1117.78 feet;
Thence
North 89°40’ 46” West, a distance of 1319.31 feet;
Thence
S 00° 42’ 56” West for a distance of 1015.91 feet, more or less, to an existing
1” re-bar on the North right-of-way line of Interstate 10 as shown on Louisiana
Department of Transportation, and Development right-of-way maps for State
Project Number 450-02-27;
Thence
North 64° 46’ 18” East, along said North Right-of-way for a distance of 580.03
feet;
Thence
South 00° 43’ 57” West for a distance of 1826.44 feet to an existing 1/2 inch
re-bar;
Thence
South 89° 27’ East for a distance of 1095.93 feet;
Thence
North 74° 18’ 25” East, for a distance 135.44 feet;
Thence
North 80° 49’ 41” East for a distance of 629.20 feet to an existing 1/2 inch
iron pipe;
Thence
North 84” 36’ 16” East for a distance of 291.87 feet;
Thence
North 01° 12’ 53” East for distance of 728.03 feet to an existing L.D.H.
monument;
Thence
North 03° 16’ 47” East, For a distance of 468.68 feet;
Thence
North 27° 41’ 32” East for a distance of 236.94 feet a point lying 22.2 feet,
more or less, East of the East side of the on ramp entering the East bound lane
of Interstate 10;
Thence
North 00° 32’ 14” West along a line located 22.2 feet more or less East of the
East side of the on-ramp entering the East bound lane of Interstate 10 for a distance
of 609.69 feet to the point of curvature of a tangent curve to the right having
a central angle of 60° 21’ 10” and a radius of 710.00 feet;
Thence
along said tangent curve to the right for an arc length distance of 747.88 feet
to the point of tangent of said curve;
Thence
North 63° 02’ 05” East for a distance of 70.97 feet to a point which is 2l.5
feet more or less South of the on ramp entering the East bound lane of
Interstate 10;
Thence
North 01° 27’ 55” East, for a distance of 385.13 feet to an existing capped
iron pipe which is South 00° 48’ 27” West a distance of 2010.7 feet and South
8° 53’ 43” East a distance of 598.3 feet from the Northwest corner of said
Section and in the East right-of-way lane of Interstate 10 as shown on
Louisiana Department of Transportation and Development right-of-way maps for
State Project Number 450-02-27;
Thence
North 450 feet, Thence West 164.5 feet,
Thence
North to the South line of North Half of the Northwest Quarter (N 1/2 of NW
1/4) of Section 22, Township South Range 12 West;
Thence
East along the South line of said North Half of the Northwest Quarter (N 1/2 of
NW 1/4) of Section 22, Township 10 South. Range West to the Southeast (SE)
Corner of said North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section
22, Township 10 South, Range 12 West;
Thence
North along East line of said North Half of the Northwest Quarter (N 1/2 of NW
1/4) of Section Township 10 South. Range 12 West to the South line of Section
15 Township 10 South Range 12 West (also being the North line of Section 22
Township 10 South Range 12 West);
Thence
East along said South line of Section 15, Township 10 South, Range 12 West to a
point which is 1,327.30 feet East of the Southeast (SE) corner said Section 15;
Thence
South 00° 34’ 13” West a distance of 90 feet to the North bank of the
Thence
South 69° 17’ 11” East along the Northerly bank of said Canal a distance of
528.93 feet to the North right-of-way Interstate Highway 10;
Thence
North 64° 13’ 35” East along said North right-of line of Interstate Highway 10
a distance of 400.21 feet;
Thence
North 00°34’ 1: a distance of 99.19 feet to a point on the South line of said
Section 15; Thence East along said South line of said Section 15 to the
Southeast (SE) corner of said Section 15 Township 10 South, Range 12 West;
Thence
East along the South line of Section 14 Township 10 South Range 12 West, to a
point which is 1842.79 feet from the Southeast (SE) corner of the Southwest
Quarter (SW/4) of Section 14 Township 10 South Range 12 West (also being the
Northwest (NW) corner of Lot 8 of THOROUGHBRED PARK SUBDIVISION, a subdivision
in the West Half (W/2) of Section 23, Township 10 South. Range 12 West as per
plat recorded in the records of Calcasieu Parish,
Thence
South 08° 07’ 34” East along the centerline of Hampton Coulee for a distance of
261.66 more or less;
Thence
South 10° 27’08 West along the centerline of said Hampton Coulee for a distance
of 357.13 feet, more or less, to the Southwest corner of Lot Ten (10) of
Thoroughbred Park Subdivision;
Thence
North 89° 23’ 45” East along the South line said Lot Ten (10) for a distance of
284.03 feet, more or less, to the Southeast Corner of Lot Ten (10) of said
Thoroughbred Park Subdivision;
Thence
North 10° 36’ 14” East along the West right of way line of Thoroughbred Drive
for a distance of 257.31 feet to the point of curvature of a tangent curve to
the left having a central angle of 10° 56’ 13” and a radius of 1044.56 feet;
Thence
Northerly along said tangent curve to the left for an arc length distance of
199.39 feet (the chord which bears North 05° 08’ 08” East, a distance of 199.09
feet to the point of tangent of said curve;
Thence
North 00° 19’ 59” West along the West right of way of Thoroughbred Drive and
East line of Lot Eight (8) for a distance of 157.88 feet, to the Northeast
corner of Lot Eight (8) of Thoroughbred Park Subdivision, said point being on
the south right of way line of Gum Cove road;
Thence
North 89° 40’ 10” East along the South right of way of Gum Cove road, for a
distance of 50 feet to the Northwest corner of Lot Seven (7) of Thoroughbred
Park Subdivision;
Thence
South 00° 19’ 59” East along the East right of way line of Thoroughbred Drive
for a distance of 157.88 feet to the point of curvature of a tangent curve to
the right having a central angle of 10° 56’ 13” and a radius of 1094.56 feet;
Thence
Southerly along said tangent curve to the right for a length distance of 208.93
feet (the chord which bears South 05° 08’08” West a distance of 208.62 feet) to
the point of tangent of said curve;
Thence
South 10° 36’ 14” West along the West line of Lot Seven (7) of said
Thoroughbred Park Subdivision and the East right of way line of Thoroughbred
Drive for a distance of 152.08 feet to the intersection with the North right of
way line of Pony Express Lane, said point also being the Southwest corner of
Lot Seven (7) of said Thoroughbred Park Subdivision;
Thence
North 89° 23’ 45” East along the North right of way line of Pony Express Lane
for a distance of 1469.88 to the Southeast corner of Lot One (1) of said
Thoroughbred Park Subdivision, said point being the intersection of the North
right of way line of Pony Express Lane and the West right of way line of
Stagecoach Drive;
Thence
North 00° 19’ 59” West along the East line of said Lot One (1) of said
Thoroughbred Park Subdivision and the West right of way line of Stagecoach
Drive, for a distance of 500.8 feet to the south right of way line of Gum Cove
Road and the North Section line of SE Section 23;
Thence
East along the North line of Section 23, Township 10 South, Range 12 West, a
distance of 50 feet to the Southeast (SE) Corner of the Southwest Quarter (SW
1/4) of Section 14, Township 10 South, Range 12 West (also being the Northeast
(NE) corner of the Northwest Quarter (NW/4) of Section 23, Township 10 South,
Range 12 West);
Thence
North along the East line of the West Half (W 1/2) of Section 14, Township 10
South, Range 12 West, and continuing North along the East line of the West Half
(W 1/2) of Section 11, Township 10 South, Range 12 West to the point of
commencement (being the Northeast (NE) corner of the Northwest Quarter (NW 1/4)
Section 11 Township South, Range 12 West).
And
Commencing at a point on the
North Line of the Southwest Quarter (SW/4) of Section 22, Township 10 South,
Range 12 West, which said point is South 89º49’14” East 1200 feet from the
Northwest Corner of said Southwest Quarter;
Thence North 01º12’46” East
470.5 feet to the South right of way line of Interstate Highway No. 10; Thence
North 64º45’46” East along the South right of way line of said Interstate
Highway No. 10 run 908.54 feet;
Thence South 01º12’46” West
860.57 feet to the North Line of the Southwest Quarter (SW/4) of Section 22,
Township 10 South, Range 12 West;
Thence West along the North
line of said Southwest Quarter a distance of 813.57 feet to point of
commencement.
BE IT FURTHER ORDAINED that any and all
ordinances or parts thereof in conflict with the foregoing are hereby repealed.
BE IT FURTHER ORDAINED that this ordinance shall
become effective thirty (30) days after publication.
APPROVED AND ADOPTED by the Town Council of
________________________________
Mary
O. Vice, Town Clerk
I HEREBY CERTIFY that the
fore- The
foregoing Ordinance is hereby
going
Ordinance has been presented approved
and returned to
to the Mayor
this 19th day of the
Town Clerk this 20th day of
December,
2006. December,
2006.
_____________________________ ____________________________
Town Clerk Mayor
It
was moved by Council Member Douglass to recess the regular meeting for a public
hearing regarding the Perry Street Annexation Ordinance. The motion was seconded by Council Member
Loyd and carried.
There being no
input from the public present, it was moved by Council Member Loyd that the
regular meeting be reconvened. The
motion was seconded by Council Member Douglass and carried.
It was moved by
Council Member Douglass to adopt the following Ordinance. The motion was seconded by Council Member
Loyd and the vote cast thereon was as follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
WHEREAS, the Town of
WHEREAS, public notice has
been duly given in accordance with the law, of the introduction of an ordinance
proposing to enlarge and extend the boundaries of the Town of Vinton, Louisiana
to include the said property; and
WHEREAS, after a public
hearing this date in accordance with said public notice which was duly
advertised, it has been deemed desirable that the boundaries of the Town of
Vinton, Louisiana be enlarged and extended to include the said property;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VINTON, LOUISIANA, in regular session convened, with a quorum present and
voting that the boundaries of the Town of Vinton, Louisiana, be and the same
are hereby enlarged and extended to include the following described property
situated in the Parish of Calcasieu, State of Louisiana, to-wit:
Commencing at the Northeast
corner of Section 21, Township 10 South, Range 12 West, Calcasieu Parish;
Thence South 00º48’27” West, along a line contiguous with Sections 21 and 22,
Township 10 South, Range 12 West, for a distance of 903.25; Thence North
88º47’18” West, for a distance of 51.07 feet, to a point on the West right of
way line of the Interstate 10 Service Road, as shown on Louisiana Department of
Transportation and Development right of way maps for State Project Number
450-02-27 and existing L.D.H. monument; Then South 00º48’24” West, along said
West right of way, for a distance of 204.89 feet, to an existing L.D.H.
monument; Thence South 37º26’10” West, along said West right of way, for a
distance of 277.74 feet, to an existing ¾ inch pipe; Thence South 00º43’08”
West, along said West right of way, for a distance of 208.51 feet, to an
existing ¾ inch iron pipe; Then South 00º43’08” West, along said West right of
way, for a distance of 195.53 feet; Thence North 89º44’19” West, for a distance
of 223.51 feet; Thence North 00º46’52” East, for a distance of 195.00 feet, to
an existing ¾ inch iron pipe; Thence North 89º44’19” West, for a distance of 879.71
feet; Thence Northerly along the West line of the E/2 of the E/2 of Section 21
to the North line of Section 21 and the existing city limit line; Thence
Easterly along said North line and the previously set city limits line to the
Northeast corner of Section 21, Township 10 South, Range 12 West and Point of
Beginning.
BE IT FURTHER ORDAINED that the boundaries of the
Town of
Commencing
at the Northeast (NE) Corner of the Northwest Quarter (NW/4) of Section 11,
Township 10 South, Range 12 West, Thence West along the North line of said
Section 11 Township 10 South Range 12 West, and continuing West along the North
line of Section 10, Township 10 South, Range 12 West, and the North line of
Section 9, Township 10 South. Range 12 West to the Northwest (NW) Corner of the
East Half of the West Half (E 1/2 of W/2) of Section 9, Township 10 South,
Range 12 West,
Thence
South along the West line of the East half of the West Half (E 1/2 W 1/2) of
Section 9, Township 10 South, Range 12 West, and continuing South along the
West line of the East Half of the West Half (E 1/2 of W 1/2) of Section 16,
Township 10 South, Range 12 West, and continuing South along the West line of
the East Half of the West Half (E 1/2 of W 1/2) of Section 21, Township 10 South Range 12 West,
to the Southwest (SW) Corner of the Northeast Quarter of the Northwest Quarter
(NE 1/4 of NW 1/4) of Section 21, Township 10 South, Range 12 West,
Thence
East along the South line of said Northeast Quarter the Northwest Quarter (NE/4
of NW/4) of Section 21, Township 10 South, Range 12 West, to the Southeast (SE)
Corner of said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4)
Section 21, Township 10 South Range 12 West,
Thence
North along the East line of said Northeast Quarter of the Northwest Quarter
(NE/4 of NW/4) of Section 21, Township 10 South, Range 12 West to the South
line of Section 16, Township 10 South, Range 12 West,
Thence
East along the South line of Section 16, Township 10 South, Range 12 West, to
the Northwest (NW) Corner of the East Half of the East Half (E/2 of E/2) of
Section 21, thence Southerly along the West Line of the East Half of the East
Half (E/2 of E/2) of Section 21 to a point located North 89° 44’ 19” West of an
existing 3/4 inch iron pipe at the Northwest (NW) corner of a tract of land in
the Southeast Quarter of the Northeast Corner (SE/4 of NE/4) of Section 21
measuring 195’ x 223.5’, more or less, owned now or previously by Herbert Joseph
Angelo, Jr. and his heirs or legatees;
Thence
South 00° 47’ 59” West, for a distance of 1117.78 feet;
Thence
North 89°40’ 46” West, a distance of 1319.31 feet;
Thence
S 00° 42’ 56” West for a distance of 1015.91 feet, more or less, to an existing
1” re-bar on the North right-of-way line of Interstate 10 as shown on Louisiana
Department of Transportation, and Development right-of-way maps for State
Project Number 450-02-27;
Thence
North 64° 46’ 18” East, along said North Right-of-way for a distance of 580.03
feet;
Thence
South 00° 43’ 57” West for a distance of 1826.44 feet to an existing 1/2 inch
re-bar;
Thence
South 89° 27’ East for a distance of 1095.93 feet;
Thence
North 74° 18’ 25” East, for a distance 135.44 feet;
Thence
North 80° 49’ 41” East for a distance of 629.20 feet to an existing 1/2 inch
iron pipe;
Thence
North 84” 36’ 16” East for a distance of 291.87 feet;
Thence
North 01° 12’ 53” East for distance of 728.03 feet to an existing L.D.H.
monument;
Thence
North 03° 16’ 47” East, For a distance of 468.68 feet;
Thence
North 27° 41’ 32” East for a distance of 236.94 feet a point lying 22.2 feet,
more or less, East of the East side of the on ramp entering the East bound lane
of Interstate 10;
Thence
North 00° 32’ 14” West along a line located 22.2 feet more or less East of the
East side of the on-ramp entering the East bound lane of Interstate 10 for a
distance of 609.69 feet to the point of curvature of a tangent curve to the
right having a central angle of 60° 21’ 10” and a radius of 710.00 feet;
Thence
along said tangent curve to the right for an arc length distance of 747.88 feet
to the point of tangent of said curve;
Thence
North 63° 02’ 05” East for a distance of 70.97 feet to a point which is 2l.5
feet more or less South of the on ramp entering the East bound lane of
Interstate 10;
Thence
North 01° 27’ 55” East, for a distance of 385.13 feet to an existing capped
iron pipe which is South 00° 48’ 27” West a distance of 2010.7 feet and South
8° 53’ 43” East a distance of 598.3 feet from the Northwest corner of said
Section and in the East right-of-way lane of Interstate 10 as shown on
Louisiana Department of Transportation and Development right-of-way maps for
State Project Number 450-02-27;
Thence
North 450 feet, Thence West 164.5 feet,
Thence
North to the South line of North Half of the Northwest Quarter (N 1/2 of NW
1/4) of Section 22, Township South Range 12 West;
Thence
East along the South line of said North Half of the Northwest Quarter (N 1/2 of
NW 1/4) of Section 22, Township 10 South. Range West to the Southeast (SE)
Corner of said North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section
22, Township 10 South, Range 12 West;
Thence
North along East line of said North Half of the Northwest Quarter (N 1/2 of NW
1/4) of Section Township 10 South. Range 12 West to the South line of Section
15 Township 10 South Range 12 West (also being the North line of Section 22
Township 10 South Range 12 West);
Thence
East along said South line of Section 15, Township 10 South, Range 12 West to a
point which is 1,327.30 feet East of the Southeast (SE) corner said Section 15;
Thence
South 00° 34’ 13” West a distance of 90 feet to the North bank of the
Thence
South 69° 17’ 11” East along the Northerly bank of said Canal a distance of
528.93 feet to the North right-of-way Interstate Highway 10;
Thence
North 64° 13’ 35” East along said North right-of line of Interstate Highway 10
a distance of 400.21 feet;
Thence
North 00°34’ 1: a distance of 99.19 feet to a point on the South line of said
Section 15; Thence East along said South line of said Section 15 to the
Southeast (SE) corner of said Section 15 Township 10 South, Range 12 West;
Thence
East along the South line of Section 14 Township 10 South Range 12 West, to a
point which is 1842.79 feet from the Southeast (SE) corner of the Southwest
Quarter (SW/4) of Section 14 Township 10 South Range 12 West (also being the
Northwest (NW) corner of Lot 8 of THOROUGHBRED PARK SUBDIVISION, a subdivision
in the West Half (W/2) of Section 23, Township 10 South. Range 12 West as per
plat recorded in the records of Calcasieu Parish,
Thence
South 08° 07’ 34” East along the centerline of Hampton Coulee for a distance of
261.66 more or less;
Thence
South 10° 27’08 West along the centerline of said Hampton Coulee for a distance
of 357.13 feet, more or less, to the Southwest corner of Lot Ten (10) of
Thoroughbred Park Subdivision;
Thence
North 89° 23’ 45” East along the South line said Lot Ten (10) for a distance of
284.03 feet, more or less, to the Southeast Corner of Lot Ten (10) of said
Thoroughbred Park Subdivision;
Thence
North 10° 36’ 14” East along the West right of way line of Thoroughbred Drive
for a distance of 257.31 feet to the point of curvature of a tangent curve to
the left having a central angle of 10° 56’ 13” and a radius of 1044.56 feet;
Thence
Northerly along said tangent curve to the left for an arc length distance of
199.39 feet (the chord which bears North 05° 08’ 08” East, a distance of 199.09
feet to the point of tangent of said curve;
Thence
North 00° 19’ 59” West along the West right of way of Thoroughbred Drive and
East line of Lot Eight (8) for a distance of 157.88 feet, to the Northeast
corner of Lot Eight (8) of Thoroughbred Park Subdivision, said point being on
the south right of way line of Gum Cove road;
Thence
North 89° 40’ 10” East along the South right of way of Gum Cove road, for a
distance of 50 feet to the Northwest corner of Lot Seven (7) of Thoroughbred
Park Subdivision;
Thence
South 00° 19’ 59” East along the East right of way line of Thoroughbred Drive
for a distance of 157.88 feet to the point of curvature of a tangent curve to
the right having a central angle of 10° 56’ 13” and a radius of 1094.56 feet;
Thence
Southerly along said tangent curve to the right for a length distance of 208.93
feet (the chord which bears South 05° 08’08” West a distance of 208.62 feet) to
the point of tangent of said curve;
Thence
South 10° 36’ 14” West along the West line of Lot Seven (7) of said
Thoroughbred Park Subdivision and the East right of way line of Thoroughbred
Drive for a distance of 152.08 feet to the intersection with the North right of
way line of Pony Express Lane, said point also being the Southwest corner of
Lot Seven (7) of said Thoroughbred Park Subdivision;
Thence
North 89° 23’ 45” East along the North right of way line of Pony Express Lane
for a distance of 1469.88 to the Southeast corner of Lot One (1) of said
Thoroughbred Park Subdivision, said point being the intersection of the North
right of way line of Pony Express Lane and the West right of way line of
Stagecoach Drive;
Thence
North 00° 19’ 59” West along the East line of said Lot One (1) of said
Thoroughbred Park Subdivision and the West right of way line of Stagecoach
Drive, for a distance of 500.8 feet to the south right of way line of Gum Cove
Road and the North Section line of SE Section 23;
Thence
East along the North line of Section 23, Township 10 South, Range 12 West, a
distance of 50 feet to the Southeast (SE) Corner of the Southwest Quarter (SW
1/4) of Section 14, Township 10 South, Range 12 West (also being the Northeast
(NE) corner of the Northwest Quarter (NW/4) of Section 23, Township 10 South,
Range 12 West);
Thence
North along the East line of the West Half (W 1/2) of Section 14, Township 10
South, Range 12 West, and continuing North along the East line of the West Half
(W 1/2) of Section 11, Township 10 South, Range 12 West to the point of
commencement (being the Northeast (NE) corner of the Northwest Quarter (NW 1/4)
Section 11 Township South, Range 12 West).
And
Commencing at a point on the
North Line of the Southwest Quarter (SW/4) of Section 22, Township 10 South,
Range 12 West, which said point is South 89º49’14” East 1200 feet from the
Northwest Corner of said Southwest Quarter;
Thence North 01º12’46” East
470.5 feet to the South right of way line of Interstate Highway No. 10; Thence
North 64º45’46” East along the South right of way line of said Interstate
Highway No. 10 run 908.54 feet;
Thence South 01º12’46” West
860.57 feet to the North Line of the Southwest Quarter (SW/4) of Section 22,
Township 10 South, Range 12 West;
Thence West along the North
line of said Southwest Quarter a distance of 813.57 feet to point of
commencement.
BE IT FURTHER ORDAINED that any and all
ordinances or parts thereon in conflict herewith be and the same are hereby
repealed.
BE IT FURTHER ORDAINED that this ordinance shall
become effective thirty (30) days after publication.
APPROVED AND ADOPTED by the Town Council of
________________________________
Mary
O. Vice, Town Clerk
I HEREBY CERTIFY that the
fore- The
foregoing Ordinance is hereby
going
Ordinance has been presented approved
and returned to
to the Mayor
this 19th day of the
Town Clerk this 20th day of
December,
2006. December,
2006.
_____________________________ ____________________________
Town Clerk Mayor
It was moved by
Council Member Stinson to recess the regular meeting for a public hearing
regarding the Love’s Travel Stop Ordinance.
The motion was seconded by Council Member Merchant and carried.
There being no
input from the public present, it was moved by Council Member Stinson that the
regular meeting be reconvened. The
motion was seconded by Council Member Loyd and carried.
It was moved by
Council Member Douglass to adopt the following Ordinance. The motion was seconded by Council Member
Stinson and the vote cast thereon was as follows:
YEAS: Council Members Douglass, Loyd, Merchant,
Stinson and Vice
NAYS: None
ABSENT: None
TOWN OF
STATE OF
ORDINANCE NO. _____
AN
ORDINANCE PROVIDING FOR INCURRING OF DEBT AND ISSUANCE OF NOT TO EXCEED
$750,000 AGGREGATE PRINCIPAL AMOUNT OF TAXABLE CERTIFICATES OF INDEBTEDNESS,
SERIES 2007 OF THE TOWN OF VINTON, STATE OF LOUISIANA FOR THE PURPOSE OF
REIMBURSING LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. FOR COSTS PAID BY
THEM FOR PUBLIC UTILITIES IMPROVEMENTS AND EXTENSIONS; PRESCRIBING THE FORM,
TERMS AND CONDITIONS OF SAID CERTIFICATE; DESIGNATING THE DATE, DENOMINATION
AND PLACE OF PAYMENT OF SAID CERTIFICATE, PROVIDING FOR THE PAYMENT THEREOF;
AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS,
the Budget for the fiscal year ending September 30, 2007, for the Town of
Vinton, State of Louisiana (the “Issuer”), shows projected ending fund balances
greater than the annual debt service in any year on the Issuer’s proposed
Taxable Certificates of Indebtedness, Series 2007 (the “Certificate”); and
WHEREAS,
the excess of annual revenues reflected for the current fiscal year is
sufficient to meet the maximum principal requirements in any future year on the
Certificates of Indebtedness hereinafter authorized, and this Mayor and Town Council
will herein obligate itself and its successors in office to budget and set
aside annually adequate funds for the payment of said Certificates of
Indebtedness in future years; and
WHEREAS,
Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes
of 1950, as amended (R.S. 33:2921-2925) (the “Act”), authorize the Issuer to
make and enter into contracts dedicating the excess of annual revenues of
subsequent years above statutory, necessary and usual charges to the payment of
the cost of public improvements and other obligations which are to be borne by
the Issuer under such contracts, provided all such dedications do not exceed
the estimated excess of revenue above statutory, necessary and usual charges
for the year in which such contract is made; and
WHEREAS,
pursuant to the provisions of the Act, the Issuer desires to incur debt and
issue the Certificates in the principal amount of Not to Exceed Seven Hundred
Fifty Thousand Dollars ($750,000) for the purposes hereinafter set forth; and
WHEREAS,
the Issuer is not now a party to any other contract pledging or dedicating its
excess annual revenues above statutory, necessary and usual charges; and
WHEREAS,
it is the intention of the Governing Authority that the Certificates be secured
by and payable from a pledge and dedication of the excess of annual revenues of
the Issuer; and
WHEREAS,
it is the desire of this Governing Authority to fix the details necessary with
respect to the issuance of the Certificates and to provide for its authorization
and issuance; and
WHEREAS,
it is the further desire of this Governing Authority to provide for the sale of
the Certificates at the price and in the manner hereinafter provided;
NOW,
THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Vinton,
State of Louisiana, acting as the governing authority of the Town of Vinton,
State of Louisiana, that:
“Agreement” means the Cooperative
Endeavor Agreement, dated as of October ___, 2006, between the Issuer and
Love’s Travel Stops & Country Stores, Inc.
“Certificate” or “Certificates” means the Issuer’s Taxable Certificates of
Indebtedness, Series 2007, authorized by this Ordinance in the aggregate
principal amount of not to exceed Seven Hundred Fifty Thousand Dollars
($750,000) and any other certificate issued in exchange for, upon transfer of,
or in lieu of any Certificate previously issued.
“Certificate Register” means the records kept by the
Paying Agent at its principal corporate trust office in which registration of
the Certificates and transfers of the Certificates shall be made as provided
herein.
“Code” means the Internal Revenue
Code of 1986, as amended.
“Executive Officers” means, collectively, the
Mayor and the Town Clerk of the Issuer.
“Fiscal Year” means the one-year accounting
period ending September 30 of each year, or such other period as may be
designated by the Governing Authority as the fiscal year of the Issuer.
“Governing Authority” means the Mayor and Town
Council of the Town of
“Government Securities” means direct obligations of,
or obligations the principal of and interest on which are unconditionally
guaranteed by the United States of America, which are non-callable prior to
their maturity, may be United States Treasury obligations such as the State and
Local Government Series and may be in book-entry form.
“Issuer” means the Town of
“Ordinance” means this Ordinance
authorizing the issuance of the Certificate, as it may be supplemented and
amended.
“Owner” or “Owners” when used with respect to any Certificate means the
Person in whose name such Certificate is registered in the Certificate Register.
“Paying Agent” means the Town Clerk of the
Issuer, until a successor Paying Agent shall have been appointed pursuant to
the applicable provisions of this Ordinance and thereafter “Paying Agent” shall
mean such successor Paying Agent.
“Person” means any individual,
corporation, partnership, joint venture, association, joint-stock company,
trust, unincorporated organization or government or any agency or political
subdivision thereof.
“Project” means the water and sewer
expansion at I-10, Exit 7 including a 12” water line extension to the southwest
side of I-10 at Exit 7; 8” gravity sewer and force mains on the northwest and
southwest corners of I-10 at Exit 7.
“Purchaser” means Love’s Travel Stops
& Country Stores, Inc., the original purchaser of the Certificate.
The
principal of the Certificate, upon maturity or redemption, shall be payable at
the principal office of the Paying Agent, upon presentation and surrender thereof.
No
Certificate shall be entitled to any right or benefit under this Ordinance, or
be valid or obligatory for any purpose, unless there appears on such
Certificate a certificate of registration, substantially in the form provided
in this Ordinance, executed by the Paying Agent by manual signature.
* *
* * *
(FORM OF
FACE OF CERTIFICATE)
STATE OF
PARISH OF
TAXABLE
CERTIFICATE OF INDEBTEDNESS, SERIES 2007
OF THE
TOWN OF
|
Certificate
No. |
Certificate
Date |
Principal
Amount |
Maturity
Date |
Interest
Rate |
|
R-1 |
_________,
2007 |
$________ |
________,
2017 |
0.00% |
The TOWN OF
LOVE’S TRAVEL STOPS & COUNTRY STORES, INC.
or
registered assigns, on the Maturity Date set forth above, the Principal Amount
set forth above, unless this Certificate shall have been previously called for
redemption and payment shall have been made or duly provided for. The principal of this Certificate is
non-interest bearing. The principal of
this Certificate, upon maturity or redemption, is payable in lawful money of the
This Certificate is an
authorized issue in the principal sum of ___________________________ Dollars
($_________) of Taxable Certificates of Indebtedness, Series 2007, of the Issuer
(the “Certificate”), said Certificate having been issued by the Issuer pursuant
to an Ordinance adopted by its governing authority on December 19, 2006 (the
“Ordinance”), for the purpose of reimbursing Love’s Travel Stops & Country
Stores, Inc. (“Love’s”) the costs paid by Love’s for utilities (electric, water
and sewer) improvements and extensions pursuant to the Cooperative Endeavor
Agreement, dated as of ____________, 2006, between the Issuer and Love’s, under
the authority conferred by Sections 2921 to 2925, inclusive, of Title 33 of the
Louisiana Revised Statues of 1950, as amended, and other constitutional and
statutory authority.
The Certificate is
callable for redemption at the option of the Issuer in full or in part, at any
time at the principal amount thereof.
Official notice of such call of the Certificate for redemption shall be
given by means of first class mail, postage prepaid, by notice deposited in the
United States mails not less than fifteen (15) days prior to the redemption
date addressed to the registered owner of the Certificate at his address as
shown on the Certificate Register of the Paying Agent.
The Certificate is
secured by and payable solely from a pledge and dedication of the excess annual
revenues of the Issuer above statutory, necessary and usual charges in each of
the fiscal years during which the Certificate is outstanding. The Issuer has covenanted and agreed and does
hereby covenant and agree to budget annually a sufficient sum of money to pay
the Certificate, as it becomes due, including any principal theretofor matured
and then unpaid, and to levy and collect in each year taxes, including, but not
limited to, the 1% sales and use tax authorized to be levied by the Issuer
pursuant to an election duly called and held, and to collect other revenues
within the limits prescribed by law, sufficient to pay principal on the
Certificate after payment in such years of all statutory, necessary and usual
charges. The Issuer, in the Ordinance,
has also entered into certain other covenants and agreements with the
registered owner of the Certificate, including a provision for the issuance of
pari passu obligations hereafter under certain conditions and restrictions, for
the terms of which reference is made to the Ordinance.
It is certified that
this Certificate is authorized by and is issued in conformity with the
requirements of the Constitution and statutes of the State of
It is further certified,
recited and declared that all acts, conditions and things required to exist, to
happen and to be performed precedent to and in the issuance of this
Certificate, necessary to constitute the same legal, binding and valid
obligations of the Issuer, have existed, have happened and have been performed
in due time, form and manner as required by law, and that the indebtedness of
the Issuer, including this Certificate, does not exceed the limitations
prescribed by the Constitution and statutes of the State of Louisiana.
IN WITNESS WHEREOF, the
Mayor and Town Council of the Town of
TOWN
OF
STATE
OF
Town Clerk Mayor
(FORM
OF PAYING AGENT’S CERTIFICATE OF REGISTRATION)
This Certificate is the
Certificate referred to in the within mentioned Ordinance.
TOWN
CLERK OF THE TOWN
OF
VINTON, STATE OF
Date of
Registration: By:
Town Clerk
(FORM
OF ASSIGNMENT)
FOR VALUE RECEIVED, the
undersigned hereby sells, assigns and transfers unto
Please Insert
Social Security
or other
Identifying Number of Assignee
the within Certificate and all rights
thereunder, and hereby irrevocably constitutes and appoints _________ attorney or agent to transfer the within
Certificate on the books kept for registration thereof, with full power of substitution
in the premises.
Dated:
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the face of the within Certificate
in every particular, without alteration or enlargement or any change whatever.
* *
* * *
No
material modification or amendment of this Ordinance, or of any ordinance
amendatory hereof or supplemental hereto, may be made without the consent in
writing of the Owner.
It is certified that this Certificate is authorized by and
is issued in conformity with the requirements of the Constitution and statutes
of the State of
Effect of
Registration. The Issuer, the Paying Agent and any agent of
either of them may treat the Owner in whose name the Certificate is registered
as the Owner of such Certificate for the purpose of receiving payment on such
Certificate and for all other purposes whatsoever, and to the extent permitted
by law, neither the Issuer, the Paying Agent, nor any agent of either of them
shall be affected by notice to the contrary.
Principal
for the payment of which money shall have been set aside and shall be held in
trust (through deposit by the Issuer of funds for such payment or otherwise) at
the maturity date thereof shall be deemed to have been paid within the meaning
and with the effect expressed above in this Section if they are defeased in the
manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of
1950, as amended.
And
this Ordinance was declared adopted on this, the 19th day of
December, 2006.
I HEREBY CERTIFY that the
fore- The
foregoing Ordinance is hereby
going
Ordinance has been presented approved
and returned to
to the Mayor
this 19th day of the
Town Clerk this 20th day of
December,
2006. December,
2006.
___________________________________ ___________________________________
Name: Mary Vice Name: David T. Riggins
Title: Town Clerk Title: Mayor
STATE OF
PARISH OF
I, the undersigned Town Clerk of the Mayor and Town Council of the Town of Vinton, Louisiana (the “Issuer”), do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the Mayor and Town Council of the Issuer on December 19, 2006, providing for the incurring of debt and issuance of not to exceed Seven Hundred Fifty Thousand Dollars ($750,000) of Taxable Certificates of Indebtedness, Series 2007, of the Town of Vinton, State of Louisiana; prescribing the form, terms and conditions of said Certificate; designating the date, denomination and place of payment of said Certificate; providing for the payment thereof; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official
signature and the impress of the official seal of the Issuer at
Mary Vice, Town Clerk
Exhibit A
NOTICE OF INTRODUCTION OF ORDINANCE AND
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Mayor and Town Council of the Town of Vinton will meet in open and public session and hold a public hearing at the Vinton City Hall, 1200 Horridge Street, Vinton, Louisiana on December 19, 2006 at 6:00 p.m., to hear any objections to the adoption of an ordinance introduced November 21, 2006 entitled as follows:
AN ORDINANCE PROVIDING FOR INCURRING OF DEBT AND ISSUANCE OF $750,000 AGGREGATE PRINCIPAL AMOUNT OF TAXABLE CERTIFICATES OF INDEBTEDNESS, SERIES 2007 OF THE TOWN OF VINTON, STATE OF LOUISIANA FOR THE PURPOSE OF REIMBURSING LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. FOR COSTS PAID BY THEM FOR PUBLIC UTILITIES IMPROVEMENTS AND EXTENSIONS; PRESCRIBING THE FORM, TERMS AND CONDITIONS OF SAID CERTIFICATE; DESIGNATING THE DATE, DENOMINATION AND PLACE OF PAYMENT OF SAID CERTIFICATE, PROVIDING FOR THE PAYMENT THEREOF; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
The
public and interested parties are invited to attend or to submit written
comments in advance of the Public Hearing to the City Clerk at Town Hall,
TOWN OF
STATE
OF
Attorney Buisson
read the letter of explanation from Mayor Riggins vetoing the Ordinance
prohibiting smoking in public areas.
No action was
taken by the Council regarding the veto.
Ricky
Fox, Chief of Police gave the monthly Police Department report.
Jerry Merchant,
Fire Chief gave the monthly Fire and Civil Defense reports.
Chief Merchant again
discussed the departments need of a full-time fireman during day-time hours.
After
discussion, it was moved by Council Member Vice to authorize the hiring of
part-time firemen to cover a 50 hour/week gap during the daytime hours and
approved a 12.00/hour pay rate for said part-time employees. The motion was seconded by Council Member
Loyd and carried.
Mr. Buford
Turner representing the American Cancer Society, Relay for Life and the
American Legion Post 208 presented Mayor Riggins with plaques of appreciation
for his success and dedication during his tenor as Mayor of the Town of Vinton.
Council Member
Loyd expressed his appreciation to Mayor Riggins for all he has done for the
town and wished him well in his new endeavors.
There being no further business to come before
the Governing Authority, it was moved by Council Member Merchant that the
meeting be adjourned. The motion was
seconded by Council Member Stinson and carried.
______________________________
David
T. Riggins, Mayor
ATTEST:
___________________________
Mary O’Quinn Vice, Clerk