PUBLIC NOTICES 3/4/2010

  NOTICE

SECTION        Arbitrage. The Issuer covenants and agrees that, to the extent permit_ted by the laws of the State of Louisiana, it will comply with the requirements of the Inter_nal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code.  The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond_ proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".

The Executive Officers are hereby empow_ered, autho_rized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.

SECTION        Bonds are "Bank Qualified".   The Bonds are designated _as "qualified tax_exe_mpt obliga_tions" within the meaning of Section 265(b)(3) of the Code.  In making this designation, the Issuer finds and determines that:

(a)  the Bonds are not private activity bonds within the meaning of the Code; and

(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2009 does not exceed $30,000,000.

.    

SECTION        Publication.  A copy of this Bond Ordinance shall be published immediately after its adoption in one issue of the official journal of the Issuer._

SECTION        Recordation.  A certified copy of this Bond Ordinance shall be filed and recorded as soon as possible in the Mortgage Records of the Parish of Iberville, State of Louisiana.

                        SECTION        Disclosure Under SEC Rule 15c2-12.  The Executive Officers are hereby authorized and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H to the Official Statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).

                        SECTION        Section Headings.  The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.

SECTION        Severability.  In case any one or more of the provisions of this Bond Ordinance or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Bond Ordinance or of the Bonds, but this Bond Ordinance and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein.  Any constitutional or statutory provision enacted after the date of this Bond Ordinance which validates or makes legal any provision of this Bond Ordinance and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Bond Ordinance and to the Bonds.

SECTION        Effective Date.  This Ordinance shall become effective immediately.

The foregoing ordinance having been submitted to a vote was adopted in regular session, the 3rd day of March, 2009 by the following yea and nay vote on roll call:

YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell

NAYS: Oubre.

ABSENT: Jackson, Butler, Bradford, Roy.

Upon a motion by Councilman Scott and seconded by Councilman Reeves, it was moved to adjourn at 6:20 p.m.  The motion was unanimously approved. 

I, Kirsha D. Barker, was duly appointed as the Iberville Parish Council Clerk effective September 8, 2009, and have prepared the above minutes of the Iberville Parish Council meeting held on the 3rd day of March, 2009 from a disc recording of the meeting.

    _____/s/________                                                                       ______/s/_________

     Kirsha D. Barker                                                                         Eugene P. Stevens, Jr.

     COUNCIL CLERK                                                                    COUNCIL CHAIRMAN

3/4

IBERVILLE PARISH COUNCIL MINUTES

PUBLIC HEARING, TUESDAY, JANUARY 19, 2010

PROPOSED ORDINANCE

The Parish Council of Iberville Parish, State of Louisiana, held a Public Hearing in the Council Meeting Room, 58050 Meriam Street, Plaquemine, Louisiana, on the 19th day of January, 2010 at 6:00 P.M. pursuant to a Notice of Public Hearing posted on the 12th day of January, 2010.

Council Chairman, Eugene P. Stevens, Jr. called the hearing to order.

The Council Chairman introduced the following ordinance:

ORDINANCE 1         ORDINANCE TO AUTHORIZE THE PURCHASE OF LAND/BUILDING TO SERVE AS FIXED ASSESTS FACILITY FOR IBERVILLE PARISH COUNCIL AND TO AMEND 2010 CAPITAL IMPROVEMENT BUDGET TO FUND PURCHASE OF LAND/ BUILDING

Mr. Edward Songy read the ordinance in entirety.

The floor was opened to comments and questions. 

There being no further business to be conducted, the hearing was adjourned at 6:10 p.m.

__________________                                                            ____________________

/s/ Kirsha D. Barker                                                                    /s/ Eugene P. Stevens     

   COUNCIL CLERK                                                             COUNCIL CHAIRMAN

3/4

 IBERVILLE PARISH COUNCIL MINUTES

REGULAR MEETING, TUESDAY, JANUARY 19, 2010

The Parish Council of Iberville Parish, State of Louisiana, met in Regular Session, in the Council Meeting Room, 2nd Floor, Courthouse Building, 58050 Meriam Street, Plaquemine, Louisiana, on the 19th day of January 2010.

The Council Chairman, Eugene Stevens, called the meeting to order at 6:30 p.m. followed by the roll call with the following Council Members in attendance: Warren Taylor, District 1; Mitchel J. Ourso, Sr.; District 2; Henry J. Scott, Jr., District 3; Edwin M. Reeves, Jr., District 5; Howard Oubre, Jr., District 7; Eugene P. Stevens, Jr., District 8; Terry J. Bradford, District 9; Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12.

Absent: Leonard Jackson, Sr., District 4; Salaris G. Butler, Sr., District 6; Wayne M. Roy, District 13.

A quorum was present and due notice had been posted.  The Pledge of Allegiance followed. 

Parish President- J. Mitchell Ourso, Jr., Chief Administrative Officer- Edward Songy and Legal Counsel- Scott Stassi were also in attendance.

ELECTION OF COUNCIL CHAIRMAN

Mr. Stassi called for the nomination of the Council Chairman.

Upon a motion by Councilman Oubre and seconded by Councilman Scott, it was moved to nominate Mr. Eugene Stevens as Council Chairman.  The motion having been duly submitted to a vote, was duly adopted by acclimation. 

Councilman Stevens was elected Council Chairman for 2010.

ELECTION OF COUNCIL VICE CHAIRMAN

Chairman Stevens opened the floor for the nomination of Vice Chairman of the Council.

Upon a motion by Councilman Scott and seconded by Councilman Kelley, it was moved to nominate Mr. Warren Taylor as Council Vice Chairman.  The motion having been duly submitted to a vote, was duly adopted by acclimation. 

Councilman Taylor was elected Council Vice Chairman for 2010.

Chairman Stevens acknowledged Mrs. Kirsha D. Barker as the Council Clerk for 2010.

Vice Chairman Taylor announced that the retirement party for Ms. Betty Barber would be February 12, 2010 at 3:30 p.m. in the Council on Aging Building.

Council Chairman Stevens called for anyone wanting to make public comments to register with the Clerk.

PRESENTATIONS AND APPEARANCES

Mr. Miles Brashier from the LSU Agricultural Center presented his staff to the Council.  He introduced his newest member, Ms. Kellee Lassiter who then introduced herself and two 4-H Leaders from White Castle High School which were Mendrick Solitte and Kerry Jones.  Miss Kerry Jones is also the Student of the Year for White Castle High School. 

APPROVAL OF MINUTES

Upon a motion by Councilman Reeves, and seconded by Councilman Taylor, it was moved to wave the reading of the minutes of December 15, 2009, February 17, 2009, March 17, 2009 and approve as written.

The motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The motion was declared adopted by the Chairman.

PRESIDENT’S REPORT

 President Ourso reported on the following:

C⸀                     North Iberville Community Center- President Ourso reported that last week, the geo-technical contractor was sent to the Parish’s property in North Iberville to take soil borings for the construction of the new community center.  The parish has been waiting for the sugar cane to be removed from this site before sending anyone in to commence with needed borings in order to proceed.  The contractor was told by the person who leases the land, Mr. Glynn Rivet to get off the property.  Since this occurred, Mr. Rivet has filed a Petition for Permanent Injunction and Rule for Preliminary Injunction against the Parish.  The Parish, as owner and leaser to Mr. Rivet has filed a Notice to Vacate/Termination of Lease with the Court, and has been granted a temporary restraining order, so we are free to enter our property.  The geo-technical contractor will be sent back in to take the necessary soil borings, and the land surveyor will be sent in as well.

D⸀                     Security in the Courthouse- There are no security measures in the Courthouse currently and measures need to be taken to change this.  The Courthouse is open to the public and there needs to be a safe environment for the public, officials, and employees.  The President has spoken to the Warden of Angola and hopes to have a security report by the next meeting to present to the Council for recommendations.

E⸀                      Tourism Center in Grosse Tete- The Tourism Center is now in its final interview period and hopes to open by March.

F⸀                      Enterprise Blvd Extension-   Mr. Randall Dunn reported there was one million dollars ($1,000,000.00) provided by the State that hadn’t been used yet and could potentially be used to help pay for the extension project.  The plans will be reviewed by the State and if it meets their approval the plan will go out to public bid. 

G⸀                     Loop- There will be a meeting on January 20, 2010 at the Civic Center for public opinion on the proposed loop.  The Baton Rouge paper asked the President for his New Year’s Resolution and he stated it was to have a relationship with the four other Parish Presidents to help give Iberville Parish a shot at getting the loop.  He stated that he recently read the Morning Advocate and discovered an article that reported a meeting on January 15, 2010 will take place to discuss the proposed bridge and intercession with West Baton Rouge’s leader and residents. 

H⸀                     Announcement to the Public- President Ourso faced the camera to address the public and read a prepared statement about the importance of the hospital.  He discussed its importance within the Parish and the importance of the resolution to create one hospital district.  He also wanted to make it clear that no taxes were to come from this change.

CHAMBER OF COMMERCE REPORT

Mr. Hank Grace wanted to thank the Council for their continued support.  He briefly went over the Chamber of Commerce’s goals for the year.  The Chamber hopes to encourage economic development by hiring site consultants whose job is to understand the area and to help with marketing and promotional projects for the Industrial Area.  The Chamber also stated they are in full support of the hospital. 

FINANCIAL REPORT

Mr. Randall Dunn acknowledged the mail out of the financial report and inquired of any questions or comments.  Councilman Reeves asked if the budget was on track for 2010 and Mr. Dunn stated that although January was the lowest month there should be a better understanding of where we stand by March or April.  

OLD BUSINESS

The foregoing ordinance which was previously introduced at a regular meeting of the Parish Council on December 15, 2009, and a summary thereof having been published in the official journal, the public hearing on this ordinance held on the 19th day of January, 2010 at 6:00 p.m., in the Council Meeting Room, 2nd floor Courthouse Building, 58050 Meriam Street, Plaquemine, Louisiana, was brought to final passage:

ORDINANCE NUMBER 001-10

AN ORDINANCE TO AUTHORIZE THE PURCHASE OF LAND/BUILDING TO SERVE AS FIXED ASSESTS FACILITY FOR IBERVILLE PARISH COUNCIL AND TO AMEND 2010 CAPITAL IMPROVEMENT BUDGET TO FUND PURCHASE OF LAND/BUILDING

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Reeves.

     WHEREAS, the Iberville Parish Council appropriated the sum of $350,000.00 in its 2009 Capital Improvement Budget for acquisition of a fixed asset/storage and surplus property storage facility located on Belleview Road in Plaquemine, Louisiana.

     WHEREAS, a market value appraisal was performed on the property/building currently leased for the fixed assets/storage/surplus property located at 58960 Belleview Road, Plaquemine, Louisiana by a certified Louisiana Commercial Real Estate appraiser. The fair market value of the land/buildings/improvements was determined to be $432,000.00.

     WHEREAS, the owner of the site has proposed to sell fee title to the land and improvements to the Iberville Parish Council for the sum of $400,000.00.

     WHEREAS, the 2010 capital improvement budget should be amended by the sum of $50,000.00 to authorize the purchase of the land and improvements, and the Parish President has certified that the additional funds are available for the purchase of the land and improvements.

     NOW, THEREFORE, BE IT ORDAINED by the Iberville Parish Council as follows:

     “That J. Mitchell Ourso, Jr., Parish President” be and is hereby authorized to sign all documentation necessary for the acquisition of the land and improvements to serve as the fixed assets facility for the Iberville Parish Council.

     That the 2010 capital improvement budget be amended in the sum of $50,000.00 to supplement the $350,000.00 appropriated in the 2009 budget for the acquisition of said property.”

     The above ordinance was introduced on December 15, 2009 and scheduled for public hearing on January 19, 2010.

     The above ordinance was duly adopted in regular session this 19th day of January, 2010 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The ordinance was declared adopted by the Chairman on January 19, 2010.

RESOLUTION COMMITTEE REPORT

The Resolution Committee met on Tuesday, January 19, 2010 at 6:20 p.m. and recommended the adoption of the following resolutions:

RESOLUTION IPC# 2010-001

A RESOLUTION TO CONGRESSIONAL DELEGATION TO SEEK ASSISTANCE AND FUNDING TO ADDRESS SERIOUS FLOODING IN IBERVILLE PARISH

     The following resolution was introduced by Councilman Jewell and seconded by Councilman Taylor.

     WHEREAS, there was torrential rainfall in December 2009 exceeding twelve inches within the “Upper Terrebonne Basin”, the area of land draining between the East Atchafalaya Basin Guide Levee and the West Mississippi River Guide Levee with headwaters originating in Pointe Coupee Parish including the Portage Canals,  Bayou Fordoche, the False River Overflow Canal thence combining with the waters of Bayou Grosse Tete,  and headwaters draining from the West Atchafalaya Borrow Pit Canal thence combining with waters of Bayou Maringouin,  and headwaters draining from Bayou Cholpe, Bayou Tommy, Bayou Chalpin, and headwaters originating in West Baton Rouge Parish from Bayou Poydras, Stumpy Bayou, Grand Bayou, thence combining with the waters of Choctaw Bayou, and thence into the Gulf Intracoastal Waterway draining south into Iberville Parish combining with waters of Bayou Plaquemine and the Upper Grand River, and thence combined headwaters all draining into the receiving waters of Grand River through Iberville Parish and the communities of Bayou Sorrel and Bayou Pigeon into waters of the “Lower Terrebonne Basin”. 

     WHEREAS, the communities of Bayou Plaquemine, Bayou Sorrell and Bayou Pigeon experienced severe flooding due to the high water levels from excess rainfall during December 2009.

         WHEREAS, the most current watershed reports developed by the Louisiana Department of Environmental Quality under the Louisiana State Water Quality Management Plan in accordance with the U.S. Environmental Protection Agency for the Upper Terrebonne Basin indicate there is excessive siltation in the lower reaches of Bayou Grosse Tete, the lower reaches of Bayou Plaquemine, the Gulf Intracoastal Waterway, and in Lower Grand River within Iberville Parish can limit the overall drainage capacity, contribute to higher floodwater stages, and cause water quality problems.

     WHEREAS, the “Atchafalaya East Watershed Initiative” has formed a tri-parish cooperative agreement between Iberville, Pointe Coupee, and West Baton Rouge Parish in 2006 to work together to manage water resource problems in the Upper Terrebonne Basin on a regional scale.

     WHEREAS, the Final Report from the tri-parish “Atchafalaya East Watershed Initiative – Phase 2A Project” identifies flooding problems described by the local stakeholders living throughout the Upper Terrebonne Basin as high flood water lasting longer and rising higher than in recent times past, excessive amounts of silt accumulation within several local waterways, excessive bank- erosion along Bayou Plaquemine and the Gulf Intracoastal Waterway.

     WHEREAS, the Final Report from the tri-parish “Atchafalaya East Watershed Initiative – Phase 2A” recommends:

·        Continuing supporting the tri-parish partnership and work together cooperatively to develop a “hydrologic and hydraulic” watershed model that can be used by local, state, and federal government in order to monitor, evaluate, and predict how the waterways respond in order to know how to best to respond to watershed conditions, plan implementation projects, and predict outcomes on both a local and regional level.

·        Implementing projects throughout the Upper Terrebonne Basin to restore drainage and manage flooding;

·        Partnering with the other parishes located downstream from the Upper Terrebonne Basin such as, Assumption, St. Martin, St. Mary, and Terrebonne Parish who receives the drainage waters from the Upper Terrebonne Basin in order to collaborate and work together to manage flood problems on a broader, “basin-wide scale”;

     WHEREAS, the congressional delegation has shown support for the tri-parish partnership’s collaborative watershed effort and a regional plan to resolve the regional flooding problems within the Upper Terrebonne Basin through federal authorization bills under: 

·        2007 Water Resources Development Act 2007 (WRDA)

·        “The East Atchafalaya Basin Project”,

·        “The Intracoastal Waterway Stream Bank Restoration Project”

·        “The Morganza to the Gulf Project”

·        “The Flood Mitigation Priority Areas in Pointe Coupee, Iberville, and West Baton Rouge Parishes, and the False River Ecosystem Restoration Project”

·        “The Lake Verret Ecosystem Restoration Project”

·        2007 Energy and Water Bill - Section 5082 - Corps of Engineers -Continuing Authorities Program (Aquatic Ecosystem Restoration, Section 206) – “The Bayou Grosse Tete Restoration Project”       

     WHEREAS, there is currently no network of water level gage height and water velocity monitoring stations on the waterways within Upper Terrebonne Basin in Pointe Coupee Parish, West Baton Rouge Parish, and Iberville Parish, and establishing a network of water level gage height and water velocity monitoring stations can help local, state, and federal government closely monitor water levels during periods of excess rainfall in order to know how to best plan for and best respond to potential flooding conditions. 

WHEREAS, projects that may divert floodwaters in the Upper Terrebonne Basin into the Atchafalaya Basin Floodway System by pumping could help to alleviate the serious flooding of residential areas in Iberville Parish and also enable commercial and recreational boating activities to continue during high water stages.

WHEREAS, the Council Clerk is directed to forward a certified copy of this resolution to the Honorable Mary Landrieu, Honorable David Vitter, Honorable Rodney Alexander, Honorable Bill Cassidy, Honorable Robert Marionneaux, Jr., Honorable Karen St. Germain and Honorable Elton Aubert.

The above resolution was duly adopted in regular session this 19th day of January, 2010 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The resolution was declared adopted by the Chairman on January 19, 2010.

ADDENDUM

Council Chairman would like to go into Addendum. 

Upon a motion by Councilman Reeves, and seconded by Councilman Bradford, it was moved to go into addendum.  The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

The Council Chairman stated to please be advised there was a resolution added to the agenda after publication.  A resolution to create a single hospital district for Iberville Parish.

RESOLUTION IPC # 2010-002

A RESOLUTION TO CREATE A SINGLE HOSPITAL DISTRICT FOR IBERVILLE PARISH

     The following resolution was introduced by Councilman Kelley and seconded by Councilman Taylor.

     WHEREAS, the former Iberville Parish Police Jury created Iberville Parish Hospital Service District No. 1  on July 16, 1963, which district encompassed all of former Ward 7 and Ward 9 located in the northern portion of Iberville Parish.

     WHEREAS, the former Iberville Parish Police Jury created Iberville Parish Hospital Service District No. 1A on August 5, 1969, which district encompassed the southern portion of Iberville Parish including the White Castle, Bayou Pigeon and Bayou Sorrel areas.

     WHEREAS, there are no hospital facilities located in either Iberville Parish Hospital Service District No. 1 or Iberville Parish Hospital Service District No. 1A.

     WHERAS, the location of the former River West Medical Center at 59355 River West Drive is not located within the territorial boundaries of either Iberville Parish Hospital Service District No. 1 or No. 1A.

     WHEREAS, La. R.S. 46:1051(A) provides that the police juries are authorized and empowered, upon their own initiative, to form and create one or more hospital service districts. La. R.S. 46:1051(B) provides the police juries are further authorized and empowered upon their own initiative, to alter the boundaries of any hospital service district, provided that no such boundary change shall cause an impairment of the obligations of any contract of the hospital service district.

     WHEREAS, neither Iberville Parish Hospital Service District No. 1 nor Iberville Parish Hospital Service District No. 1A have any outstanding obligations or indebtedness and neither ever incurred any obligations after their initial creation.

     WHEREAS, it is in the best interest of Iberville Parish to alter the boundaries of Iberville Parish Hospital Service District No. 1 and Iberville Parish Hospital Service District No. 1A, and to otherwise merge the two districts to form and create a single hospital service district encompassing the entire jurisdictional boundary of Iberville Parish.

     WHEREAS, the newly altered hospital service district shall be known as the “Iberville Parish Hospital Service District” and shall encompass the entire territorial boundary of Iberville Parish. The Iberville Parish Hospital Service District shall be entitled to all the privileges and immunities authorized by law, namely, La. R.S. 46:1051, et seq.

     WHEREAS, Iberville Parish President, J. Mitchell Ourso, Jr., is authorized and empowered to enter into negotiations with West Side Physicians, LLC to explore the probability and feasibility of acquiring the former River West Medical Center facility/site by purchase/lease for reopening as an acute care hospital to provide essential medical services for the residents of Iberville Parish. 

     WHEREAS, the Iberville Parish Council shall consider recommendations from its Boards and Commissions committee to appoint the governing board of the hospital service district in accordance with the provisions of La. R.S. 46:1053 if it is determined that the Iberville Parish Council that the Iberville Parish Hospital District can effectively and financially acquire the former hospital facility/site to provide affordable medical care to its residents.

        WHEREAS, the above resolution was duly adopted in regular session this 19th day of January, 2010 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

Councilman Oubre would like to qualify his vote of approval by stating he wants the Parish to have a hospital because we need a hospital.  He said that we need to put up some money and open a hospital. 

The resolution was declared adopted by the Chairman on January 19, 2010.

DISCUSS CELL PHONE PLANS FOR THE COUNCIL

Council Chairman Stevens stated there were packets made for the Council to please review the potential plans from Verizon Wireless and Sprint/Nextel. 

Upon a motion by Councilman Reeves, and seconded by Councilman Scott, it was moved to go out of addendum.  The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Reeves, Oubre, Bradford, Kelley, Vallet, Jewell.

NAYS: None.

ABSENT: Jackson, Butler, Roy.

ADJOURNMENT

There being no further business, it was moved by Councilman Reeves, and seconded by Councilman Bradford to adjourn at 7:40 p.m.

The motion was unanimously adopted.

________________________                                                      _______________________

/s/ KIRSHA D. BARKER                                                     /s/ EUGENE P. STEVENS

     COUNCIL CLERK                                                             COUNCIL CHAIRMAN

3/4

IBERVILLE PARISH COUNCIL MINUTES

REGULAR MEETING, TUESDAY, MARCH 17, 2009

The Parish Council of Iberville Parish, State of Louisiana, met in Regular Session, in the Council Meeting Room, 2nd Floor, Courthouse Building, 58050 Meriam Street, Plaquemine, Louisiana, on the 17th day of March 2009.

The Council Chairman, Eugene Stevens, called the meeting to order at 6:30 p.m. followed by the roll call with the following Council Members in attendance: Warren Taylor, District 1;  Mitchel J. Ourso, Sr.; District 2; Henry J. Scott, Jr., District 3; Leonard Jackson, Sr., District 4; Edwin M. Reeves, Jr., District 5; Eugene P. Stevens, Jr., District 8; Terry J. Bradford, District 9;  Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12; Wayne M. Roy, District 13.

Absent: Salaris G. Butler, Sr., District 6; Howard Oubre, Jr., District 7.

A quorum was present and due notice had been published.  The Pledge of Allegiance followed. 

Parish President- J. Mitchell Ourso Jr., Chief Administrative Officer- Edward Songy and Legal Counsel- Scott Stassi were also in attendance.

Council Chairman Stevens called for anyone wanting to make public comments to register with the Clerk.

PRESENTATIONS AND APPEARANCES

A plaque and resolution of condolence was prepared for Mrs. Adams the wife of the late Mr. Russell Adams.  Mrs. Adams was not able to attend the meeting and will receive the plaque and resolution at a later date. 

ADDENDUM

Council Chairman would like to go into Addendum. 

Upon a motion by Councilman Reeves, and seconded by Councilman Scott, it was moved to go into addendum.  The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The Council Chairman stated to please be advised there was a presentation that needed to be added to the agenda.  A presentation to declare the month of March as Red Cross Month in their honor.  A Red Cross flag will be raised in the front of the Courthouse for the entire month of March.  The Council discussed the resolution and it was approved.  The Council made a unanimous motion to present Red Cross with a proclamation commending them for their efforts during Hurricane Gustav and previously for Hurricane Katrina.

Upon a motion by Councilman Reeves, and seconded by Councilman Kelley, it was moved to go out of addendum.  The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

APPROVAL OF MINUTES

Council Chairman stated the reading and approval of minutes will be skipped until they speak to Mrs. Betty Barber on whether or not she will be able to return to work due to illness.  Mr. Scott Stassi stated a disc will be sent to Mrs. Barber to prepare the previous minutes as well as this meeting’s minutes.

PRESIDENT’S REPORT

President Ourso reported on the following:

I⸀The President stated he appreciates the support on the 8.9 million dollar bond at the previous Special Meeting.  This bond will allow the parish to finish all 26 miles of the White Castle area roads.

J⸀                        Right of Entry Program- there was a total of 357 applicants that came in to request to enter into the Right of Entry Program.

K⸀                     Enterprise Blvd South- this is a 2 million dollar project and by the next meeting the parish will start to purchase the land and put it up for bid by June.

L⸀                      FEMA floodplain maps- FEMA proposed to change the maps in Iberville Parish concerning the flood zones.  FEMA will allow the public to view the changes that will be made.  They will also answer questions constituents may have on why their land has been moved into a flood zone.

M⸀                    Easter Egg Hunt- there will be an Easter Egg Hunt at the Mike Zito Multi-purpose center on Saturday, April 4, 2009 sponsored by the Tourism Department.

N⸀                     Mosquito Trucks- they will begin making their rounds by mid April.

O⸀                     Train Derailment- the President was out of town when this incident occurred and wanted to thank the all authorities for taking care of the situation.

P⸀                      LRA-(Louisiana Recovery Authority) Iberville Parish has been awarded 44 million dollars by the LRA.  Iberville Parish was ranked third out of Louisiana for the most damage due to Hurricane Gustav.  At this time, Mr. Barry Marrioneaux spoke on the regulations of LRA’s reward of 44 million dollars.

CHAMBER OF COMMERCE REPORT

Mr. Hank Grace was not present.

FINANCIAL REPORT

Mr. Randall Dunn stated the annual audit was currently underway.  Councilman Vallet asked about the sales tax and Mr. Dunn referred him to the figures on the handout that was presented to the Council.

OLD BUSINESS

AN ORDINANCE TO AMEND THE VACATION POLICY FOR IBERVILLE PARISH COUNCIL EMPLOYEES CONTAINED IN THE PERSONNEL POLICY HANDBOOK

ORDINANCE IPC# 001-09

AN ORDINANCE TO AMEND THE VACATION POLICY FOR IBERVILLE PARISH COUNCIL EMPLOYEES CONTAINED IN THE IBERVILLE PARISH GOVERNMENT PERSONNEL POLICY HANDBOOK IMPLEMENTD BY ORDINANCE NUMBER 1998-54

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Reeves.

     WHEREAS, the Iberville Parish Government Personnel Policy Handbook currently provides under the section entitled “Vacation” (page 12 of handbook) that “Employees will not be permitted to carry forward hours granted under the vacation policy set forth above. Only banked hours existing prior to the institution of this policy may be carried forward.”

     WHEREAS, a review of the current vacation policy reveals that it would be in the best interest of the Parish Council to afford its employees the opportunity to carry forward unused vacation hours from each calendar year. The Iberville Parish Council has a dedicated work force and many employees are forced to take vacation during the year due to the no carry over policy for vacation leave. The Parish Council has also experienced work shortages in various departments when employees are required to utilize their vacation hours at the end of the year.

     WHEREAS, a revised policy of permitting Iberville Parish Council employees to carry forward vacation hours would provide for increased work productivity and be beneficial to employees and to the general operations of parish government.

     WHEREAS, the Vacation policy contained in the current Iberville Parish Government Personnel Policy Handbook at page 12 provides as follows: Any and all vacation time held by an employee at the effective date of this policy will not be lost. Each employee will have the opportunity to use those banked hours as necessary and carry forward any remaining banked vacation time. Employees will not be permitted to carry forward hours granted under the vacation policy set forth above. Only banked hours existing prior to the institution of this policy may be carried forward.”

     WHEREAS, the vacation policy contained in the current Iberville Parish Government Personnel Policy Handbook at page 12 shall be amended to provide for carrying forward of unused vacation hours and shall provide:

     “Any and all vacation time held by an Iberville Parish Council employee commencing with January 1, 2009 will not be lost and may be carried forward by the employee to succeeding calendar years.

     Each employee upon separation from the Iberville Parish Council shall be paid the value of his or her accrued annual leave in a lump sum, provided that the privileges of this rule shall not extend to any employee who is dismissed for theft of agency funds or property. The payment for such accrued leave shall be computed as follows: (1) When an employee is paid wages on an hourly basis,  multiply the regular hourly rate by the number of hours of accrued vacation leave, (2) When an employee is paid on other than an hourly basis, determine the hourly rate by converting their salary in accordance with provisions in the uniform pay plan for conversion to a working hourly rate and multiply the converted hourly rate by the number of hours of accrued vacation leave. No payment for vacation leave earned shall exceed the value of 480 hours computed on the basis of the employee’s hourly rate of pay at the time of their separation. The hourly rate of pay for any employee who is on detail shall not include the employee’s rate of pay in the detailed position. No payment for vacation leave under this rule shall operation to continue the payee as an employee beyond the last day of active work duty.”

     The above ordinance was scheduled for public hearing on the 20th day of January, 2009;

     After being duly submitted for public hearing the above ordinance was duly adopted in regular session by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The ordinance was declared adopted by the Chairman on March 17, 2009.

CONSIDERATION OF VETO STATEMENT OF AN ORDINANCE TO AMEND SECTION 3-91 OF THE IBERVILLE PARISH ORDINANCES TO PROVIDE FOR POSSESSION OF POTENTIALLY DANGEROUS WILD QUADREPEDS, BIG EXOTIC CATS, AND NON HUMAN ANIMALS

VETO STATEMENT OF IBERVILLE PARISH ORDINANCE

NUMBER 273-09

     Iberville Parish Home Rule Charter Section 2-13(B) entitled “Submission of Ordinances to the President” provides that “All ordinances vetoed by the President shall be vetoed in full, except that the President shall have authority to veto individual appropriation items in the ordinances adopting the operating and capital improvement budgets and/or amendments thereto”

     I, J. Mitchell Ourso, Jr., Parish President acting pursuant to the provisions of Iberville Parish Home Rule Charter Section 2-13(B) do hereby submit this written veto statement of Ordinance Number 273-09 to the Parish Council through the clerk.

     Iberville Parish Ordinance Number 273-09 in its current form authorizes the single live tiger at Tiger Truck Stop to remain in Iberville Parish, Louisiana as it was physically located in Iberville Parish on August 15, 2006. The ordinance states that this tiger shall be “grandfathered” upon issuance of a permit from the Louisiana Department of Wildlife & Fisheries.

     At this time the Louisiana Department of Wildlife & Fisheries has not issued a permit for the tiger to be located at the Tiger Truck Stop, and remains in Iberville Parish without any permit.

     Further review of Ordinance Number 273-09 reveals that this ordinance does not provide for any permit guidelines for the Iberville Parish Animal Control Division to determine whether the tiger can be safely housed within Iberville Parish to protect the general public or any guidelines to ensure the health, safety and welfare of the tiger itself.

     If the Iberville Parish Council allows the tiger to remain at the Tiger Truck Stop, the ordinance should provide for permitting conditions to ensure the safety of the general public and the health and welfare of the tiger.

     Therefore, for the above stated reasons, I VETO Iberville Parish Ordinance Number 273-09.

______________________________________

/s/ J. MITCHELL OURSO, JR.

PARISH PRESIDENT

_ _2-26-09_____2:00 P.M.___

                                                      DATE                     TIME

This veto statement refers to Ordinance # 002-09 passed at the regular meeting on February 17, 2009.

 AMENDMENT OF ORDINANCE NO. 3-91 TO PROVIDE FOR POSSESSION OF POTENTIALLY DANGEROUS WILD QUADRUPEDS, BIG EXOTIC CATS AND NON HUMAN ANIMALS

At this time, Mr. Songy stated the President would like the Council to consider both the veto statement and the modified ordinance.  President Ourso is in agreement with the modified ordinance so this will determine whether it is necessary to consider the veto statement.

ORDINANCE IPC# 003-09

AN ORDINANCE TO AMEND SECITON 3-91 OF THE UNIFIED CODE OF ORDINANCES FOR IBERVILLE PARISH

     The following ordinance was introduced by Councilman Vallet and seconded by Councilman Bradford.

     WHEREAS, the Iberville Parish Council hereby amends Section 3-91 of the Compiled Ordinances of the Parish of Iberville to provide as follows:

     Section 3-91: Except as provided herein, no person shall keep or permit to be kept on any premises or within the Parish of Iberville, Louisiana, any wild, exotic, vicious animal or reptile for display or for exhibition purposes whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions or circuses that are properly licensed by federal, state and local agencies, or veterinary clinics.

     Section 3-91.1: The tiger that is currently located at the Tiger Truck Stop, Inc. in Grosse Tete, having been located in Iberville Parish as of August 15, 2006 shall be exempt from the provisions of Paragraph 3-91 of this ordinance provided the owner obtain a permit annually from the Director of the Iberville Parish Animal Control Department. Upon the death of this tiger, the transfer of ownership of the tiger from its current owner as identified on any permit application, the legal transfer of the tiger out of parish or the removal of the tiger from Iberville Parish, this exemption from the terms of Section 3-91 hereinabove shall automatically cease, and the permit issued by the Director shall be automatically cancelled.

     Section 3-91.2: Any license that may be issued by the Animal Control Director or other designee relative to the tiger currently located at Tiger Truck Stop, Inc, in Grosse Tete, Louisiana shall be ineffective and conditional unless the owner is issued licenses and permits from all other required agencies, including, but not limited to the Louisiana Department of Wildlife and Fisheries and the United States Department of Agriculture. If the owner is not issued a license or permit by the Louisiana Department of Wildlife & Fisheries and the United Stated Department of Agriculture, within ninety (90) days of the issuance of the conditional permit issued by the Iberville Parish Council Director of Animal Control then the conditional permit that was issued shall be automatically cancelled and the tiger removed from Iberville Parish.

    Section 3-91.3: The revocation or refusal to issue or renew a license by the Louisiana Department of Wildlife & Fisheries or the United States Department of Agriculture or any other agency that may be authorized to issue a license/permit relative to the tiger at the Tiger Truck Stop, Inc. shall automatically terminate any license/permit that is issued by the Iberville Parish Council Director of Animal Control.

     Section 3-91.4: The owner of the tiger at Tiger Truck Stop, Inc., shall provide to the Iberville Parish Council Animal Control Director within ten (10) days of his/her receipt, a copy of the license/ permit issued by the Louisiana Department of Wildlife and Fisheries and United States Department of Agriculture or any other licensing/permitting agency. Upon receipt of any violation report issued to the owner of the tiger, the owner shall within ten (10) days of receipt of such notice of violation provide a copy to the Iberville Parish Council Director of Animal Control.

     Section 3-91.5: The following mandatory conditions shall be in place prior to the issuance of an annual license by the Iberville Parish Animal Control Director, and said conditions shall be put in place by the owner within thirty (30) days of the final adoption of this ordinance and if all conditions are not imposed then the tiger shall be immediately removed from Iberville Parish, Louisiana;

(A)

·        A detailed written escape plan and written “Lock-Out” procedures, including a written training program for each, shall be submitted to the Director of Animal Control for approval, and such approval shall be in writing.

·        The escape plan shall designate an individual (natural person designee) who will be responsible for the implementation of the escape plan. The designee shall live and reside on the premises of the Tiger Truck Stop, Inc. as long as the tiger is licensed/permitted to be as said location, and shall the necessary training and ability to carry out all requirements of the escape plan. 

·        The approved escape plan shall be distributed by the designee to the Louisiana State Police, Iberville Parish Council Director of Emergency Preparedness, Iberville Parish Sheriff, Chief of Police of the Village of Grosse Tete and the Mayor of the Village of Grosse Tete, either by hand delivery or certified mail and evidence of said delivery of the escape plan shall be provided to the Director of Animal Control.

·        Should the designee for any reason leave the premises of Tiger Truck Stop, Inc. , the escape plan shall name a substitute designee and this designee shall have the training and ability to carry out all requirements of the escape plan and shall be physically present on the premises of Tiger Truck Stop, Inc., when the designee is not present on the premises for any reason.

·        The designee, substitute designee, and all employees who will participate in the handling, care, feeding, and cleaning of the tiger and enclosure for said tiger shall be trained on the proper Lock-Out procedures and the escape plan.

(B) A permanent log book shall be maintained by the designee or substitute designee at the Tiger Truck Stop, Inc. with the contents, entries and forms approved by the Director of Animal Control. Said log book shall be available for inspection and copying ay all times by the Director or Animal Control or other Iberville Parish Animal Control personnel.

(C) Clean potable drinking water shall be available to the tiger at all times.

(D) All areas of the tiger cage shall be cleaned daily, with all solid fecal materials, urine and food waste, picked up and/or property disposed of in accordance with applicable regulations of the Louisiana Department of Health & Hospitals. The concrete areas shall be cleaned and scrubbed daily and an appropriate disinfectant approved for use in animal cages shall be applied. The tiger shall not be given access to wet concrete floors after cleaning of the cage. The tiger shall be properly located out of the cage enclosure that is being cleaned.

(E) The water pool shall be of sufficient size for the tiger to be full submerged and to move around in the pool, and the pool shall be drained and cleaned daily.

(F) In the enclosed den area of the cage, rubber mats shall be installed for the tiger to lay and sleep on, and during the winter months appropriate heaters shall be provided within the den areas to provide warm and dry conditions.

(G) Except when the daily cleaning is being performed, medical or other necessary activities are being performed, the tiger shall have full and complete access to the entire cage enclosure, including the grassy area.

(H) The tiger shall be fed a commercial diet approved and prescribed in writing by a licensed Louisiana veterinarian who has knowledge and training regarding the nutritional requirements of tigers in captivity.

·        In addition to the permanent log book required by the Director of Animal Control, all invoices and documents concerning the care, health and maintenance of the tiger shall be maintained by the owner and designee and made available for inspection and copying by the Director at any time. The Animal Control Director and all other Animal Control Personnel shall be allowed access to the premises to inspect the permitted tiger, the facilities, equipment, and records for the purpose of ensuring compliance with the requirements of this ordinance.

(J) The owner of the tiger must apply annually for and receive a permit for the tiger from the Animal Control Director and the permit application shall be on a form provided by the Director and require the following;

i⤀           A signed agreement by the owner, personally and by Tiger Truck Stop, Inc. authorized representative indemnifying and holding harmless the Iberville Parish Council and all other Iberville Parish public agencies and employees, including agents, contractors, and the general public from any claims for damages resulting from possessing the permitted tiger.

ii⤀          A signed agreement that the owner, individually and a Tiger Truck Stop, Inc. representative will be responsible for any and all costs associated with the escape, capture and disposition of the permitted tiger.

iii⤀        Proof of liability insurance from an A rated (or higher) insurance company in the amount of Five Hundred Thousand Dollars ($500,000.00) for said tiger, valid and effective continuously for the entire license term. The policy shall include a provision requiring notice from the carrier to the Animal Control Director a minimum of thirty (30) days prior to cancellation of the policy. Upon cancellation of any policy insuring the tiger, the tiger shall be removed immediately from Iberville Parish.

iv⤀        The owner shall comply with all laws, rules and regulations of the Louisiana Department of Wildlife & Fisheries and United States Department of Agriculture relative to the tiger.

v⤀         The fee for the issuance of the license by the Animal Control Director shall be One Hundred Dollars ($100.00).

The above ordinance after having been submitted for public hearing was duly adopted in regular session this 17th  day of March, 2009, by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Jackson, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: Reeves.

ABSENT: Butler, Oubre.

INTRODUCTION OF ORDINANCES

The following ordinance was introduced by Mr. Songy:

ORDINANCE TO PROVIDE FOR ADVANCE FUNDS TO IBERVILLE PARISH ASSESSOR’S OFFICE IN ACCORDANCE WITH LA. R. S. 47:1906

ORDINANCE IPC #004-09

AN ORDINANCE TO PROVIDE FOR ADVANCE FUNDS TO IBERVILLE PARISH ASSESSOR’S OFFICE IN ACCORDANCE WITH LA. R.S. 47:1906

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Scott.

     WHEREAS, La. R.S. 47:1906 provides, “the governing authority of the parish and the parish school board shall advance to the assessor’s salary and expense fund such funds as may be necessary in proportion to the amount of taxes levied by each for all purposes, as shown by the last completed and filed tax roll, inclusive of all special  taxes levied by road and school districts, which advances so made shall be reimbursed without interest to the governing authority and parish school board by the assessor’s salary and expense fund when the compensation provided for is paid to the assessor by the parish sheriff and ex officio tax collector and the exempted municipalities.

     WHEREAS, the Iberville Parish Assessor has notified the Iberville Parish Council that advance funds are necessary to fund the assessor’s salary and expense fund for 2009. The amount of funds requested from the Iberville Parish Council is the sum of $87, 673.68.

     WHEREAS, the Iberville Parish Council has sufficient reserve funds in its general fund to advance the funds to the Iberville Parish Assessor as required by law.

     WHEREAS, the funds so advanced to the Assessor’s salary and expense fund shall be repaid to the Iberville Parish upon receipt of the 2009 assessments by the Assessor from the Iberville Parish Sheriff/ Ex Officio Tax Collector.

     The foregoing ordinance having been subject to public comment was adopted in regular session this 17th day of March, 2009 by the following vote on roll call;

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Vallet, Jewell, Roy.

NAYS: Kelley

ABSENT: Butler, Oubre.

The ordinance was declared adopted by the Chairman on March 17, 2009.

RESOLUTION COMMITTEE  

The Resolution Committee met on Tuesday, March 17, 2009 at 6:10 p.m. and made the following recommendations:

RESOLUTION IPC # 2009-005

A RESOLUTION TO EXPRESS SINCERE AND HEARTFELT CONDOLENCES UPON THE DEATH OF RUSSELL J. ADAMS

WHEREAS, it is with deep regret and profound sorrow that the members of the Iberville Parish Council and Iberville Parish President have learned of the death of Russell J. Adams, who passed away on Tuesday, February 24, 2009, at the age of 82.

WHEREAS, a native of White Castle and a resident of Plaquemine, Iberville Parish, Louisiana, the late Russell J. Adams was a veteran of World War II and provided exemplary service to Iberville Parish related to veteran affairs to ensure that Iberville Parish’s veterans received the honor and recognition they deserve.  Russell J. Adams was instrumental in initiating the “West Side Honor Guard” sponsored by the Iberville Parish Council to ensure that local veterans receive military honors at their funeral services.  Russell J. Adams was very involved in the planning and development of the Iberville Parish Veteran’s Memorial which was dedicated on Veterans Day November 11, 2008.

WHEREAS, Russell J. Adams was a true public servant and deeply devoted to his wife, Elizabeth Gerace Adams.  Russell J. Adams will be deeply missed by the veterans of Iberville Parish and surrounding parishes.

WHEREAS, Iberville Parish has truly lost one of its heroes and he will be deeply missed by his family, friends, community and all veterans.  Russell J. Adams was ready to serve his country and Iberville Parish at any time called upon, and it is with great honor that we issue this resolution to express our heartfelt condolences to the family of Russell J. Adams.

WHEREAS, although the death of Russell J. Adams has left a tremendous void in Iberville Parish, his dedication and legacy of public service to Iberville Parish and its veterans shall live long in the hearts and minds of all who knew and loved him.

THEREFORE, BE IT RESOLVED BY THE IBERVILLE PARISH COUNCIL AND PARISH PRESIDENT AS FOLLOWS;

The Iberville Parish Council, Parish President, and Parish Staff do hereby express sincere and heartfelt condolences upon the death of Russell J. Adams and do hereby recognize and record the noble and exemplary strides he took as an active veteran in Iberville Parish to make Iberville Parish a better place for all does extend posthumous honor to Russell J. Adams for his exemplary public service and dedication to Iberville Parish.”

BE IT FURTHER RESOLVED that a suitable copy of this resolution be transmitted to the family of Russell J. Adams.

Upon a motion by Councilman Taylor, and seconded by Councilman Vallet, the foregoing resolution having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The resolution was declared adopted by the Chairman on March 17, 2009.

BOARDS & COMMISSIONS REPORT

The Boards and Commissions Committee met on Tuesday, March 17, 2009 at 6:15 p.m. and made the following recommendations:

The resume of Mrs. Nancy Bradford Shearer was presented to the Council. 

Upon a motion by Councilman Taylor, and seconded by Councilman Vallet, it was moved to appoint Mrs. Nancy Shearer as the new member of the Board of Commissioners for Waterworks District No. 4 replacing Mr. Ory Persick.  The foregoing motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Butler, Oubre.

The motion was declared adopted by the Chairman on March 17, 2009.

CORRESPONDENCES

“Keep Iberville Beautiful” Committee will host a jambalaya dinner for volunteers who help with the cleanup in the areas of the Village of Grosse Tete on Saturday, April 18, 2009 from 9 a.m. to 12 noon.

Councilman Jewell stated he would like to propose that the Parish consider taking over the operations of the Council of Aging.  Mr. Songy explained the restrictions and regulations that would have to be met for the Parish to be able to take it over. 

Upon a motion by Councilman Kelley, and seconded by Councilman Jewell, it moved to ask the current board of the Council on Aging to allow the Parish Council to be in charge of the Council on Aging. The foregoing motion having been duly submitted to a vote was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Jackson, Reeves, Bradford, Kelley, Vallet, Jewell, Roy.

NAYS: None.

ABSENT: Scott, Butler, Oubre.

ADJOURNMENT

There being no further business, it was moved by Councilman Reeves, and seconded by Councilman Vallet to adjourn.

The motion was unanimously adopted.

I, Kirsha D. Barker, was duly appointed as the Iberville Parish Council Clerk effective September 8, 2009, and have prepared the above minutes of the Iberville Parish Council meeting held on the 17th day of March, 2009 from a disc recording of the meeting.

________________________                                                      _______________________

/s/ KIRSHA D. BARKER                                                     /s/ EUGENE P. STEVENS

     COUNCIL CLERK                                                             COUNCIL CHAIRMAN

3/4

Minutes of February 9, 2010 – Regular Meeting

Mayor and Board of Selectmen

City of Plaquemine, Louisiana

            The Mayor and Board of Selectmen met for a Regular Meeting at Plaquemine City Hall, second floor courtroom, 23640 Railroad Avenue, City of Plaquemine, Parish of Iberville, State of Louisiana, 70764 on Tuesday, February 9, 2010, at 6:30 p.m. with the following members present:

Present:  Mayor Mark A. Gulotta and Selectmen Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W.

              Rivet, Timothy L. Martinez and Jimmie Randle, Jr.

Absent:   Selectman Oscar S. Mellion.

The Pledge of Allegiance followed the Clerk’s evidence of proper notice for the calling of the meeting.

NEW BUSINESS:

TO CONSIDER AND TAKE ACTION WITH RESPECT TO ADOPTING A RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF NOT TO EXCEED $275,000 OF REVENUE BONDS, SERIES 2010 OF THE CITY OF PLAQUEMINE, STATE OF LOUISIANA (THE “CITY”); AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH FOR THE PURPOSE OF PURCHASING A FIRE TRUCK AND RELATED FIREFIGHTING EQUIPMENT.

The following resolution was offered by Selectman Lindon A. Rivet Jr. and seconded by Selectman Timothy L. Martinez:

                                                                  RESOLUTION

A resolution giving preliminary approval to the issuance of not to exceed Two Hundred Seventy Five Thousand Dollars ($275,000) of Revenue Bonds, Series 2010 of the City of Plaquemine, State of Louisiana; providing certain terms of said Revenue Bonds, making application to the State Bond Commis_sion for the approval of said Revenue Bonds, and providing for other matters in connection therewith.

WHEREAS, the City of Plaquemine, State of Louisiana (the "City"), desires to incur debt and issue not exceeding Two Hundred Seventy Five Thousand _Dollars ($275,000) of its Revenue Bonds, Series 2010 (the "Bonds"), for the purpose of purchasing a fire truck and related firefighting equipment and paying the costs of issuance in connection therewith, said Bonds to mature no later than five years from the date thereof, to bear interest at a rate or rates not to exceed six per centum (6%) per annum and to be secured by and payable as to principal and interest, equally with the Outstanding Parity Bonds hereinafter defined, solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Bonds are outstanding; and

WHEREAS, the City desires to make formal application to the State Bond Commission for approval of the above described borrowing;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Selectmen of the City of Plaquemine, State of __Louisiana, acting as the governing authority of the City of Plaquemine, State of Louisiana (the “City”), that:

SECTION 1.    The City, pursuant to Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority,  is hereby authorized to incur debt and borrow an amount not to exceed in the aggregate $275,000 at a rate or rates not exceeding six per centum (6%) per annum, to mature no later than five years from the date thereof, in one or more series, for the purpose of purchasing a fire truck and related firefighting equipment and paying the costs of issuance in connection therewith, such borrowing to be secured by and payable as to principal and interest, equally with the outstanding Revenue Bonds, Series 2008, with final maturity of October 1, 2010 (the “Outstanding Parity Bonds”) solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Bonds are outstanding. The Bonds shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than par, plus accrued interest, and shall have such additional terms and provisions as may be determined by this Governing Authority.  The Bonds are designated "qualified tax-exempt obligations" under Section 265(b)(3) of the Internal Revenue Code.

SECTION 2.    The Mayor and Clerk of the City are each hereby further authorized and directed, for and on behalf of the City, to accept, receive, execute, seal, attest and deliver all such documents, bonds and other instruments as are required in connection with the borrowing authorized herein, and to take such further action as may be appropriate or required by law in connection therewith.

SECTION 3.    Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority for the City to incur debt and borrow in the aggregate not exceeding $275,000 as herein provided, and a certified copy of this Resolution shall be forwarded to the State Bond Commission, together with a letter requesting the prompt consideration and approval of this application.

By virtue of applicant/City’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION 4.  A real necessity is hereby found for the employment of special bond counsel in connection with the issuance of the Bonds, and accordingly the law firm of Foley & Judell, LLP, Bond Counsel, is hereby employed as Bond Counsel to handle all matters of a legal nature in connection with the negotiation, sale, issuance and delivery of the Bonds.  Said special bond counsel shall prepare and submit to the City all proceedings necessary for the due authorization, issuance, sale and delivery of the Bonds, shall counsel the City as to the issuance and sale of the Bonds, and shall furnish their opinion covering the legality and tax-exemption of the Bonds.  The fee of special bond counsel in this connection, which shall be contingent upon the delivery of the Bonds, is hereby established and fixed at a sum not exceeding the maximum fee allowed by the Attorney General's fee schedule for comprehensive legal and coordinate professional services in the issuance of revenue obligations, based on the amount of the actual borrowing, _plus "out-of-pocket" expenses, said fee to be contingent upon the actual borrowing as provided herein. A certified copy of this Resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment herein provided for.            

SECTION 5.  Prior to the delivery of the Bonds, the Issuer antici_pates that it may pay a portion of the costs of the project from the General Fund.  The project consists of purchasing a fire truck and related firefighting equipment for the Issuer.  Upon the issuance of the Bonds, the Issuer reasonably expects to reimburse any such expendi_tures of other available funds from a portion of the proceeds of the Bonds.  Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150-1(b)) and will be made upon the delivery of the Bonds and not later than eighteen months after the later of (i) the date such expenditure was paid or (ii) the date on which the project was placed in service, but in no event more than three years after the expenditure was paid.  This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2.

SECTION 6.  This Resolution shall take effect immediately.

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

MEMBERS:                       YEAS:              NAYS:             ABSENT:               ABSTAINING:

Lindon A. Rivet, Jr.                   x                                                                      ____________

Oscar S. Mellion                                                                      x                       ____________

Ralph J. Stassi, Jr.                     x                                                                      ____________

Michael W. Rivet                       x                                                                     ____________

Timothy L. Martinez                   x                                                                     ____________

Jimmie Randle, Jr.                     x                                                                      ____________

TO CONSIDER AND TAKE ACTION WITH RESPECT TO ADOPTING A RESOLUTION AUTHORIZING THE ADVERTISING FOR SEALED BIDS FOR THE PURCHASE OF NOT EXCEEDING $1,500,000 OF SALES TAX BONDS, SERIES 2010, OF THE CITY OF PLAQUEMINE, STATE OF LOUISIANA, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

The following resolution was offered by Selectman Lindon A. Rivet and second_ed by Selectman Ralph J. Stassi, Jr.:_

                                                                  RESOLUTION

A resolution authorizing the advertising for sealed bids for the

purchase of not exceeding One Million Five Hundred Thousand

Dollars ($1,500,000) of Sales Tax Bonds, Series 2010, of the City

of Plaquemin_e, State of Louisiana, and providing for other matters

in con_nection therewith.

BE IT RESOLVED by the Mayor and Selectmen of the City of Plaquemine, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Plaquemine, State of Louisiana, that:

SECTION   Advertisement for Sale.  The Mayor of the City of Plaquemine, State of Louisiana (the “Issuer”) is hereby empowered, authorized and directed to advertise in accor_dance with the provisions of law for sealed bids for the purchase of not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) of Sales Tax Bonds, Series 2010 (the “Bonds”) of the Issuer.  The Bonds will be issued for the purpose of constructing and acquiring capital improvements for the sewer collection and treatment system for the Issuer (the “Project”), pursuant to Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisiana Revised Stat_utes of 1950, as amended, and other constitutional and statutory authority.  The Bonds may be issued in one or more series as taxable or tax-exempt bonds and shall be payable solely from and secured by, equally in all respects with the Issuer’s outstanding Sales Tax Bonds, Series 2008 (the “Outstanding Parity Bonds”), by an irrevocable pledge and dedication of (i) the Issuer’s portion (currently 23.1441%) of the net avails or proceeds of the special two-thirds of one percent (2/3%) sales and use tax being levied and collected by the Parish of Iberville, State of Louisiana (the “Parish”), pursuant to an election held in the Parish on July 13, 1991 (the “1991 Election” and the “1991 Tax”), (ii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on July 16, 2005 (the “2005 Election” and the “2005 Tax”) and (iii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on September 30, 2006 (the “2006 Election” and the “2006 Tax”) (the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Tax,” the Issuer’s portion of each of the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Net Revenues of the Tax,” and the 1991 Election, 2005 Election and 2006 Election herein collectively referred to as the “Elections”), said Tax now being levied and collected by the Parish pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974 and other constitutional and statutory authority, and in compliance with the Elections, subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax.

                        SECTION   Basic Terms of Bonds.  The Bonds will be in fully registered form, will be dated April 1, 2010, or later date of delivery, will be in the denomination of One Thousand Dollars ($1,000) each, or any integral multiple thereof within a single maturity, and will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding four per centum (4%) per annum (including an administrative fee, if any) on any Bond in any interest payment period, said interest to be payable on June 1, 2010, and semiannu_al_ly thereafter on June 1 and December 1 of each year as determined by the Governing Authority. 

SECTION   Sale of Bonds.  The Bonds shall be sold in the manner required by law, and in accor_dance with the terms of this resolu_tion and the official Notice of Bond Sale herein set forth.  In advertising the Bonds for sale, the Governing Authority shall reserve the right to reject any and all bids received.

SECTION   Notice of Bond Sale.  The Mayor of the Issuer is hereby further empowered, authorized and directed to issue a Notice of Bond Sale and cause the same to be published as required by law, which Notice of Bond Sale shall be in substantial_ly the following form:

OFFICIAL

NOTICE OF BOND SALE

$1,500,000

SALES TAX BOND, SERIES 2010

OF THE

CITY OF PLAQUEMINE, STATE OF LOUISIANA

NOTICE IS HEREBY GIVEN that the Mayor and Selectmen (the “Governing Authority”) of the City of Plaquemine, State of Louisiana (the “Issuer”), acting as the governing authority of the Issuer, will receive sealed bids or electronic bids at the City Hall, Plaquemine, Louisiana, until six thirty (6:30) o'clock p.m., Louisiana Time, Central Time, on Tuesday, March 23, _2010, (or such other date as may be determined by the Mayor) for the purchase of One Million Five Hundred Thousand Dollars ($1,500,000) of Sales Tax Bonds, Series 2010 (the "Bonds") of the Issuer, autho_rized for the purpose of constructing and acquiring capital improvements for the sewer collection and treatment system for the Issuer, pursuant to Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisi_ana Revised Stat_utes of 1950, as amended, and other constitutional and statutory authority.  The Bonds may be issued in one or more series as taxable or tax-exempt bonds and shall be payable solely from and secured by, equally in all respects with the Issuer’s outstanding Sales Tax Bonds, Series 2008 (the “Outstanding Parity Bonds”), by an irrevocable pledge and dedication of (i) the Issuer’s portion (currently 23.1441%) of the net avails or proceeds of the special two-thirds of one percent (2/3%) sales and use tax being levied and collected by the Parish of Iberville, State of Louisiana (the “Parish”), pursuant to an election held in the Parish on July 13, 1991 (the “1991 Election” and the “1991 Tax”), (ii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on July 16, 2005 (the “2005 Election” and the “2005 Tax”) and (iii) the Issuer’s portion (currently 23.6507%) of the net avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Parish pursuant to an election held in the Parish on September 30, 2006 (the “2006 Election” and the “2006 Tax”) (the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Tax,” the Issuer’s portion of each of the 1991 Tax, 2005 Tax and 2006 Tax herein collectively referred to as the “Net Revenues of the Tax,” and the 1991 Election, 2005 Election and 2006 Election herein collectively referred to as the “Elections”), said Tax now being levied and collected by the Parish pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974 and other constitutional and statutory authority, and in compliance with the Elections, subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax.

The Bonds will be issued in the form of a single fully registered bond per series, will be dated the date of delivery thereof, will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates of interest not exceeding three and four per centum (4%) per annum (which includes any administrative fee which may be charged to the Issuer) and shall be in the denomination of $1,000 per principal installment within each such bond.  Interest on the Bonds shall be payable on June 1 and December 1 of each year, commencing June 1, 2010, and the principal shall be payable in twenty (20) annual installments with the first payment to fall due on or before December 1, 2013.

The Governing Authority anticipates that it may designate some or all of the Bonds as “Build America Bonds (Direct Payment)” pursuant to Section 54AA of the Internal Revenue Code of 1986, as amended (the “Code”).  In such event, interest on the Bonds shall not be excluded from gross income for federal income tax purposes and the Issuer will irrevocably elect to designate all of the eligible Bonds as “Build America Bonds” under Section 54AA of the Code and specifically as “qualified bonds” within the meaning of Section 54AA(g) of the Code.

The installments of principal of the Bonds are subject to prepayment at the option of the Issuer at any time, in whole or in part, at a prepayment price of par plus accrued interest and accrued administrative fee, if any.

The Mayor of the Issuer may request from any bidder evidence of good faith to accompany its bid in the form of a certified or cashier's check in the amount of Fifteen Thousand Dollars ($15,000) drawn on an incorporated bank or trust company and payable to the order of the Issuer.  The good faith check of the successful bidder, if requested, will be retained uncashed by the Issuer until delivery of the Bonds and payment therefor, or will be cashed and forfeited to the Issuer as liquidated damages in event the bidder should fail to fulfill the terms of its bid.  The checks of the unsuccessful bidders will be returned to them immediately upon the rejection of their bids.  The right is reserved to reject any and all bids received.

A commitment has been obtained from the Louisiana Department of Environmental Quality ("DEQ"), pursuant to which DEQ will purchase the Bonds at par at a rate of interest not exceeding two per centum (2%) per annum, including an administrative fee, unless an equal or better bid is received from a bidder or bidders other than DEQ, within the terms herein specified.

The approving legal opinion of Foley & Judell, L.L.P., who have supervised the proceedings, the printed Bonds and the transcript of record as passed upon will be furnished to the successful bidder without cost to it.  Said transcript will contain the usual closing proofs, including a certificate that up to the time of delivery no litigation has been filed questioning the validity of the Bonds or the tax revenues necessary to pay the same.

For information relative to the Bonds and not contained in the Notice of Bond Sale  address Ms. Shelia H. Migliacio, Clerk, City of Plaquemine, 23640 Railroad Ave., Plaquemine, Louisiana _70764 or Foley & Judell, L.L.P, One Canal Place, Suite 2600, 365 Canal Street, New Orleans, Louisiana 70130, Bond Counsel.

THUS DONE AND SIGNED at Plaquemine, Louisiana, on this, the 9th day of February, 2010.

                                           /s/ Mark Gulotta             

                                          Mayor

Attest:                                                             

 /s/ Shelia Migliacio             

        Clerk

                                                                *     *     *     *     *

SECTION   Receipt of Bids.  This Governing Authority will meet in open and public session at six thirty (6:30) o’clock p.m., Louisiana Time (Central Time), on Tuesday, March 23, 2010 (or such other date as may be determined by the Mayor of the Issuer) at the City Hall, Plaquemine, Louisiana, for the purpose of receiving bids for the Bonds, consider_ing and taking action upon the bids, and taking any other action required by this resolution, or necessary to effectuate the issuance, sale and delivery of the Bonds.  If any award of the Bonds shall be made for not less than par, such award and best bidder to be determined in accordance with the aforesaid Official Notice of Bond Sale.  There shall be prepared an Official Bid Form for the submission of bids, which Official Bid form shall be made available to all interested parties.

SECTION   State Bond Commission Approval. Application is hereby formally made to the State Bond Commis_sion, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Governing Authority, together with a letter request_ing the prompt consideration and approval of this applica_tion.  By virtue of applicant/issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementa_tion or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION   Bond Counsel Employment.  This Governing Authority finds and determines that a real necessity exists for the employment of special bond counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, L.L.P., as Bond Counsel, is hereby employed to do and perform comprehensive legal and coordinate professional work as bond counsel with respect to the issuance and sale of the Bonds.  Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinion covering the legality of the issuance of the Bonds.  The fee of Bond Counsel shall be fixed at a sum not exceeding the maximum fee allowed by the Attorney General's fee schedule for comprehensive, legal and coordinate professional work in the issuance of revenue bonds and based on the amount of bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Bonds.  A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Clerk is hereby empowered and directed to issue vouchers in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerated.

SECTION   Declaration of Official Intent.  Prior to the delivery of the Bonds, the Issuer antici_pates that it may pay a portion of the costs of the Project from the General Fund. A portion of the Project includes specifically constructing and acquiring capital improvements for the sewer collection and treatment system of the Issuer. Upon the issuance of the Bonds, the Issuer reasonably expects to reimburse any such expendi_tures of other available funds from a portion of the proceeds of the Bonds.  Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150-1(b)) and will be made upon the delivery of the Bonds and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the Project was placed in service.  This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2.

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

Lindon A. Rivet, Jr.                 __X_           ____                     ______         ________

Oscar S. Mellion                     ____           ____                     ___X__         ________

Ralph J. Stassi, Jr.                   __X_           ____                     ______          ________

Mchael W. Rivet                    __X_           ____         ______          ________

Timothy L. Martinez               __X_           ____         ______          ________

Jimmie Randle, Jr.                  __X_           ____          ______         ________

TO APPROVE RE-SUBDIVIDING OF 23450 EDEN STREET; PROPERTY OWNER: PATRICK PENDLEY.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Ralph J. Stassi, Jr., that the City of Plaquemine approve the re-subdividing of 23450 Eden Street; property owner:  Patrick Pendley.

            The foregoing was adopted by the following votes:

            Yeas: Jimmie Randle, Jr., Michael W. Rivet, Timothy L. Martinez, Ralph J. Stassi, Jr. and Lindon

                      A. Rivet, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

TO APPROVE RE-SUBDIVIDING OF 22600 MCDUFFIE STREET; PROPERTY OWNER:  JOHN MORGAN.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Michael W. Rivet, that the City of Plaquemine approve the re-subdividing of 22600 McDuffie Street; property owner:  John Morgan.

            The foregoing was adopted by the following votes:

            Yeas: Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez, Jimmie Randle, Jr. and Lindon

                      A. Rivet, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

TO APPROVE A CLASS A RETAIL LIQUOR PERMIT FOR MAC D’S SNACK SHACK; OWNER:  JAMES MACDONALD.

Item tabled until meeting of February 23, 2010.

TO ADOPT A RESOLUTION AUTHORIZING MAYOR MARK A. “TONY” GULOTTA TO APPLY

FOR A U. S.  DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN, SAFE

HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE PROGRAM GRANT.

Selectman Lindon A. Rivet, Jr., moved, seconded by Selectman Michael W. Rivet to adopt the following resolution:

RESOLUTION TO APPLY FOR U.S. Department of Justice, Office

on Violence Against Women, Safe Havens: Supervised

Visitation and Safe Exchange Program grant

WHEREAS, the City of Plaquemine has recognized the need for supervised visitation of children in situations involving domestic violence, sexual assault, dating violence, stalking, and child abuse and to host a safe exchange in our community, and

WHEREAS, the Capital Area Community Mediation Center, Inc., has requested the City of Plaquemine for assistance in obtaining a location to provide those services, and

WHEREAS, the Capital Area Community Mediation Center, Inc., has requested the City of Plaquemine to apply and act as fiscal agent regarding the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant; and

WHEREAS, the Mayor of the City of Plaquemine be authorized and empowered to submit the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant on behalf of the Capital Area Community Mediation Center, Inc.; and

THEREFORE, BE IT RESOLVED, that the City of Plaquemine will provide a suitable location for program services; and

BE IT FURTHER RESOLVED, that the City of Plaquemine, on behalf of Mayor and Plaquemine Board of Selectmen, shall apply and act as fiscal agent regarding the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant; and

BE IT FURTHER RESOLVED, that the Mayor of the City of Plaquemine is hereby authorized and empowered to sign any and all documents relating to the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant; and

BE IT FURTHER RESOLVED, that the Mayor of the City of Plaquemine is hereby authorized and empowered, on behalf of the City of Plaquemine, to enter into an agreement with Capital Area Community Mediation Center, Inc. in accordance with such terms and conditions as stipulated by the U.S. Department of Justice, Office on Violence Against Women, Safe Havens:  Supervised Visitation and Safe Exchange Program grant.

The foregoing was adopted by the following votes:

            Yeas: Jimmie Randle, Jr., Michael W. Rivet, Timothy L. Martinez, Ralph J. Stassi, Jr. and Lindon

                      A. Rivet, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

TO AMEND THE CITY OF PLAQUEMINE PERSONNEL MANUAL, SECTION 5.5 - MILITARY LEAVE ACTIVE DUTY.

            Item tabled until meeting of February 23, 2010.

COMMITTEE REPORTS.

A) Weatherization Seminar – Mayor encouraged attendance for the seminar scheduled for Thursday,

     February 25, 2010 at 12:00 noon at the Council on Aging Office.

B) Updates from Professional Engineering Consultants (PEC) Engineer Tony Arikol.

            i) Sewer Main – The plans and specifications will be sent to Department of Environmental

   Quality (DEQ) within the week and once approved will be advertised.

ii) Road Program – Due to the size of the project it may be split into several jobs, tentatively  

    scheduled for Spring 2010.

            iii) Water and Gas Line Relocation – Advertisement to receive bids are presently running with

      bids to be opened on Thursday, February 25, 2010 at 2:30 p.m.

iv)  Force Main Project and Effluent Pump Station – Approximately 5,000 feet of line has been

      installed.

v)  Spray Park – Phase II equipment has been ordered and expected to be received in the next

     few weeks.

C) Grey Monkey Parade – Mayor reported parade is scheduled for Friday, February 12, 2010 beginning at

     12:30 p.m.

TO ACKNOWLEDGE POLICE AND FIRE REPORTS FOR JANUARY 2010.

            So acknowledged.

TO APPROVE PAYROLL VOUCHERS FOR THE CITY OF PLAQUEMINE FOR JANUARY 2010.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Ralph J. Stassi, Jr., to approve payroll vouchers for the City of Plaquemine for January 2010.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Jimmie Randle, Jr., Timothy L. Martinez, Michael W. Rivet and

                      Ralph J. Stassi, Jr.

            Nays: None.

Absent: Oscar S. Mellion.

TO APPROVE MINUTES OF JANUARY 26, 2010 (SPECIAL MEETING) WITH NECESSARY CORRECTIONS.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Timothy L. Martinez, that the reading of minutes for January 26, 2010 (Special Meeting) were waived and approved as accepted with necessary corrections.

            The foregoing was adopted with the following votes:

            Yeas: Lindon A. Rivet, Jr., Jimmie Randle, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Ralph J. Stassi, Jr.

Nays: None.

            Absent: Oscar S. Mellion.

PUBLIC COMMENTS.

            No public comments at this time.

TO DISCUSS LITIGATION, POSSIBLE EXECUTIVE SESSION:

    “MORREL MORRISON, JR. V. CITY OF PLAQUEMINE, 18TH JDC, PARISH OF IBERVILLE,

    NO. 64706 “D” ”

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Timothy L. Martinez, that the City of Plaquemine go into executive session to discuss “Morrel Morrison, Jr. v. City of Plaquemine, 18th JDC, Parish of Iberville, No. 64706”D” ”.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

            Selectman Michael W. Rivet moved, seconded by Selectman Lindon A. Rivet, Jr., that the City of Plaquemine come out of executive session.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

            Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Michael W. Rivet:

RESOLUTION

            WHEREAS, the City of Plaquemine has been sued by Morrel Morrison, Jr. in that certain case entitled “Morrel Morrison, Jr. vs. City of Plaquemine, 18th Judicial District Court, Parish of Iberville, State of Louisiana, Number 64706;” and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, believe it is in the best interest of the City of Plaquemine that it settle and compromise the above identified lawsuit for the sum of EIGHTEEN THOUSAND TWO HUNDRED NINETY NINE DOLLARS AND 00/100 ($18,299.00) and other terms and conditions as set forth in the Receipt and Release of All Claims made a part hereof by reference; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, states that its indemnity carrier, Risk Management, Inc., shall further fund the settlement in the amount of FIFTEEN THOUSAND ONE DOLLAR AND 00/100 ($15,001.00), plus reimburse the plaintiff, Morrel Morrison, court costs and expert appraiser fees; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, hereby rescind and vacate its resolution of April 14, 2009 regarding the authority of the Mayor to compromise and settle this law suit; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, hereby agree and consent to the settlement and compromise as set forth above; and

            WHEREAS, the City of Plaquemine, through its Mayor and Board of Selectmen, hereby authorize the Mayor, the Honorable Mark A. Gulotta, to execute any and all documents necessary to effect the settlement and  compromise, when allowed by law, and  as set forth above; and

            THEREFORE, BE IT RESOLVED, that the City of Plaquemine, through its Mayor and Board of Selectmen, hereby adopt the above resolution on the terms and conditions as set forth herein.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

ADJOURNMENT.

Selectman Lindon A. Rivet, Jr. moved, seconded by Selectman Michael W. Rivet, that the City of Plaquemine adjourn at 7:05 p.m.

            The foregoing was adopted by the following votes:

            Yeas: Lindon A. Rivet, Jr., Ralph J. Stassi, Jr., Michael W. Rivet, Timothy L. Martinez and

                      Jimmie Randle, Jr.

            Nays: None.

            Absent: Oscar S. Mellion.

CITY OF PLAQUEMINE

/s/Mark A. “Tony” Gulotta, Mayor                                 /s/Shelia H. Migliacio, MMC

3/4

Judicial Advertisement

EIGHTEENTH JUDICIAL DISTRICT COURT         STATE OF LOUISIANA         PARISH OF IBERVILLE

February 19, 2010

PLAQUEMINE CREDIT, INC.

            vs.       Suit #   67961

JOSEPH GAUTHIER AND BRENDA GAUTHIER

Acting under and by virtue of a WRIT OF SEIZURE AND SALE dated this 27th DAY OF JULY, 2009, and directed to the Sheriff of Iberville, State of Louisiana, by the Honorable the 18th  Judicial District Court, in and for the Parish of Iberville, in the above numbered and entitled cause, I have seized and will offer for sale at Public Auction, in the lobby of the Iberville Parish Courthouse Building, Meriam Street, Plaquemine, Louisiana, Iberville Parish, between the legal hours prescribed by law, beginning at 10:00am WITH the benefit of appraisement, to the last and highest bidder on, Wednesday, March 17, 2010 the following described property, to wit:

2004 CHRYSLER AUTOMOBILE, VIN 3C4FY48B04T351807

Attorney for the Plaintiff:          RICHARD D. BANKSTON

                                                335 S. ADADIAN THRWY

                                                BATON ROUGE,   LA  70806

                                                (225) 346-1999

Note to Bidders:  100% of the highest bid is due at the time of sale

To pay and satisfy the writ issued in this case, together with costs as far as same may go.

TERMS OF SALE, cash, according to law

Advertisement dates: March 04, 2010

Brent Allain, Sheriff

by:   DENISE J. JOHNSON

Director of Civil Dept.

 PUBLIC NOTICE

THERE WILL BE A PUBLIC HEARING CONDUCTED ON

MONDAY, MARCH 15, 2010 AT 6:30 P.M. ON THE

FOLLOWING ESTABLISHMENT APPLYING FOR ITS BEER

AND/OR LIQUOR OCCUPATIONAL LICENSE FROM                                       

THE TOWN OF WHITE CASTLE:

POPINGO’S CONVENIENCE STORES, LLC/DBA/POPINGO’S #8

31890 HIGHWAY ONE

WHITE CASTLE, LA  70788

MAURICE A. BROWN, MAYOR

3/4, 11

                                          NOTICE TO BIDDERS

                                                          SP# 3511

Sealed bids will be opened and publicly read by the Purchasing Section of the Division of Administration, 1201 N. 3rd. St., 2nd. Floor, Suite 2-160, (P.O. Box 94095), Baton Rouge, Louisiana, at 10:00 A.M. for the following:

File No. Q91008H, Bid No. 2238690 – Liquid Chlorine Gas for Water Treatment for Area 2 Agencies, Mar 23

Bid proposal forms, information and specifications may be obtained by accessing the bid number in LaPac at www.doa.Louisiana.gov/osp or from the purchasing section listed above.  No bids will be received after the date and hour specified.  The right is reserved to reject any and all bids and to waive any informalities.

DENISE LEA

Director of State Purchasing

FAX (225) 342-8688

3/4

Notice is hereby given that, in accordance with L.R.S. 3:1609 and LAC 7:XV.314(A), the Louisiana Department of Agriculture & Forestry, Louisiana Boll Weevil Eradication Commission, has established a boll weevil eradication zone, the Louisiana Eradication Zone, consisting of all the territory within the state of Louisiana. 

            Notice is further given that all producers of commercial cotton in Louisiana are required to participate in the boll weevil eradication program, including cost sharing, in accordance with the Boll Weevil Eradication Law and regulations.  This includes, but is not limited to, reporting of cotton acreage and paying of assessments each crop year, and destruction of cotton plants and stalks by December 31 of each crop year.  A copy of the law and rules and regulations may be obtained from the Boll Weevil Eradication Commission, P.O. Box 3596, Baton Rouge, LA 70821-3596, telephone number (225) 952-8105.

Notice is also given that the planting of noncommercial cotton is PROHIBITED in Louisiana unless a written waiver is obtained from the Commissioner of Agriculture & Forestry in accordance with LAC 7:XV.319(C).  To request a waiver, submit a written application to the Department of Agriculture and Forestry, at the address provided in this notice, stating the conditions under which such written waiver is requested.

3/4,11,18

PUBLIC NOTICE

(NOTICE OF INTENTION TO INTRODUCE BILL – SLS 10RS-218)

Public notice is hereby given that there may be introduced at the session of the Legislature to be convened on March 29, 2010, a bill relative to the establishment and operation of a separate school system in the Iberville Parish area of St. Gabriel; and to provide for related matters.

2/25, 3/4

ADVERTISEMENT FOR BIDS

Sealed proposals will be received by the Iberville Parish School Board, 58030 Plaquemine St., Plaquemine, Louisiana, 70764, until 10:30 a.m., Friday, March 19th, 2010, for the following:

JANITORIAL SUPPLIES AND PAPER GOODS

At precisely 10:30 a.m., Friday, March 19th, 2010, bids will be publicly opened and read aloud in the Iberville Parish School Board Conference Room.  Bid proposals or requests for withdrawal of bids received after time specified for bid openings shall not be considered for any cause whatsoever. Bidders or their authorized representatives are invited to be present.  No other information or tabulations will be available until awards are made after all bids are fully checked as to specifications and accuracy.

The bid proposal is firm for a period of thirty (30) days from the opening of bids, and no bid proposal can be withdrawn for any reason during this period of time.

VENDORS MUST SHOW SUFFICIENT REFERENCE TO IDENTIFY BIDS WITH OPENING DATE ON FACE OF SEALED ENVELOPE.

Bid forms, specifications, and information are available at the Iberville Parish School Board Maintenance Department at the address listed above.

The right to reject any and all bids, and to waiver any informalities is reserved.

PUBLISHED DATES                                      IBERVILLE PARISH

                                                                                                SCHOOL BOARD

Dr. P. E. Cancienne/Superintendent

2/25, 3/4, 11

Public Notice

Advertisement for Official Journal

Sealed proposals will be received up to 10:30 a.m., Friday, March 5, 2010, at the Central Office of the Iberville Parish School Board, 58030 Plaquemine St., Plaquemine, Louisiana, 70764, from newspapers to serve as official journal of the Iberville Parish School Board for the fiscal year beginning July 1, 2010 and ending June 30, 2011.

Bidders are required to submit proposals on a form prepared by the Iberville Parish School Board.  This form, and the instructions thereto, are available at the Central Office of the Iberville Parish School Board, 58030 Plaquemine Street, Plaquemine, Louisiana.

ALL PROPOSALS MUST BE SEALED AND MARKED “OFFICIAL JOURNAL BID”.  PROPOSALS WILL BE PUBLICLY OPENED, READ ALOUD, AND TABULATED ON THE DATE AND TIME SPECIFIED ABOVE.

Iberville Parish School Board

Ruby H. Daigle, Purchasing Agent

02-18-10

02-25-10

03-04-10

PUBLIC NOTICE

            It is the intent of the Mayor and Board of Selectmen for the City of Plaquemine, Louisiana, to amend Plaquemine Code of Ordinances, Chapter 23, Zoning, Section 16 related to the Official Zoning Map for the City of Plaquemine.  Public Hearing was held before the Plaquemine Planning and Zoning Commission on February 17, 2010 and the Plaquemine Planning and Zoning Commission issued a written recommendation to the Mayor and Board of Selectmen following the Public Hearing.

            A Public Hearing will be held by the Mayor and Board of Selectmen at 6:15 p.m. on Tuesday, March 9, 2010 in the courtroom on the second floor of Plaquemine City Hall, 23640 Railroad Avenue, Plaquemine, Louisiana.  Action on the ordinance will be taken at the Regular Meeting following the Public Hearing.

/s/ Mark A. Gulotta, Mayor

 2/ 18, 2/25 ,3/ 4,

ADVERTISEMENT FOR BIDS

Separate Sealed Bids will be received by the Iberville Parish Council at the Iberville Parish Council Administration Office on the second (2nd) Floor of the Iberville Parish Courthouse, located at 58050 Meriam Street, Plaquemine, LA  70764 until       Thursday, March 25, 2010, at 2:00 p.m.  A mandatory Pre-Bid Conference is scheduled at the Iberville Parish Council Administration Office on the second (2nd) Floor of the Iberville Parish Courthouse, located at 58050 Meriam Street, Plaquemine, LA  70764 for      Monday, March 15, 2010, at 2:00 p.m.

FOR:

CHOCTAW WWTF IMPROVEMENTS         

Iberville Parish Council                      

Iberville Parish, Louisiana                  

Complete Contract Documents may be examined and/or obtained from:

HESS Engineers, LLC                       

58025 Meriam Street                         

Plaquemine, Louisiana   70764         

Phone (225)-687-6120                       

upon payment of $150.00 for each set of contract documents.  Any bidder, upon returning the contract documents promptly not damaged and in good faith within (10) ten calendar days after the bid opening will be refunded in accordance with current state laws less handling fees. 

Bids must be submitted on the blank forms furnished with the contract documents.  Only the bids of contractors holding the proper licensures will be considered and shall submit proof of applicable valid licenses to the ENGINEER prior to obtaining contract documents.

All proposals must be accompanied by security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier’s check or Bid Bond written by a surety company licensed to do business in Louisiana, signed by the surety’s agency or attorney-in-fact, and countersigned by a person who is under Contract with surety as a licensed agency in this State and who is residing in this State.  Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A - rating in the latest printing of the A.M. Best’s Key Rating Guide.  If surety qualifies by virtue of its Best’s listing, the amount of the Bond may not exceed ten percent of the policyholder’s surplus as shown in the latest A.M. Best’s Key Rating Guide.  The Bid Bond shall be in favor of Iberville Parish, and shall be accompanied by appropriate power of attorney.  No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.

The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount.  Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents.  If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholder’s surplus as shown by surety’s most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000.  However, a Louisiana domiciled insurance company with at least an A-rating in the latest printing of the A.M. Best’s Key Rating Guide shall be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of the policyholders’ surplus as shown in the latest A.M. Best’s Key Rating Guide nor fifteen percent of policyholder’s surplus as shown by surety’s most recent financial statements filed with the Louisiana Department of Insurance.  The Bond shall be signed by the surety’s agent or attorney-in-fact and countersigned by a person who is under contract with surety as a licensed agent in this State, and who is residing in this State.

Proposal shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2173 for the classification of Municipal and Public Works.  Bidder is required to comply with the provisions and requirements of LA. R.S.38:2213 (A) (1) (c).  No proposal may be withdrawn for a period of thirty (30) days after receipt of proposals, except under the provisions of LA. R.S. 38:2214.

The owner reserves the right to reject any and all proposals for just cause.  In accordance with La. R.S. 38:2212 (A) (1) (b), the provisions and requirements of this Section, those stated in the advertisement proposals, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.

2/25, 3/4, 11

FOR SALE

1997 - GMC Sierra 2500 EXT. Cab Pick-up Summit White Exterior - LT Gray Vinyl Interior - 195 HP 6.5 Liter - Turbo Diesel 4 Speed Auto Trans w/Overdrive - 34 Gallon Tank - 7 Wire Trailing Harness- Air Conditioning - Tilt Wheel and Speed Control - Radio - ETR AM/FM Stereo Cassette w/SC & SK and Clock - Wideside Body Rear Axle 3.73 Ratio - HD Transmission Oil Cooler and LT 245/75R16 Steel BLTD Radial Tires w/spare - Bed is Rhino Lined w/ARE Lid and Dual Aluminum Running Boards. Mileage is 026020

May be seen at the Bayou Blue Vol. Fire Station 22525 Hwy. 386, Grosse Tete, LA. 70740

Mininum Bid - $5,000.00

Place Bid in a sealed envelope and mail to Iberville Parish Council, Attn: Gwen Carter, PO Box 389, Plaquemine, LA. 70765

Bids will be received until March 19, 2010 at 10:00 AM and publicly opened and read on the same day at 10:15 A.M. at the Iberville Parish Council Office, 58050 Meriam Street 2nd Floor, Plaquemine LA 70764 - Cash, Certified Checks, or Money Order is due at time of award.

02/25/10

03/04/10

03/11/10

Public Notice

Advertisement for Fiscal Agent

Sealed proposals will be received up to 10:15 a.m., Friday, March 5, 2010, at the Central Office of the Iberville Parish School Board, 58030 Plaquemine Street, Plaquemine, LA, from qualified depository institutions to serve as Fiscal Agent of the Iberville Parish School Board for the fiscal year beginning July 1, 2010 and ending June 30, 2011.

It is to be understood by the successful bidder that the Iberville Parish School Board shall have the right to invest idle funds or parts thereof.

Pursuant to Bunkie Bank & Trust Co. v. Avoyelles Parish Police Jury, App. 3 Cir. 1978, 358 So.2d 319, the Iberville Parish School Board reserves the right, in determining what bid to accept, to consider such factors as expenses and other risks which they, rather than the bidder, must incur in transmitting funds between the selected bank and the central office and all other facilities of the Iberville Parish School Board.

ALL PROPOSALS MUST BE SEALED AND MARKED “FISCAL AGENT BID”.  PROPOSALS WILL BE PUBLICLY OPENED, READ ALOUD, AND TABULATED ON THE DATE AND TIME SPECIFIED ABOVE.

Iberville Parish School Board

Ruby H. Daigle, Purchasing Agent

02-18-10

02-25-10

03-04-10

MINUTES OF IBERVILLE PARISH

WATERWORKS #3

FEBRUARY 10, 2010

    President Breaux called this regular meeting with the following in attendance:

    Rickey Breaux             Cary Haydel

    Irma Jarvis               Leroy Pugh

Absent: Brent Barbier

    Guests:  Tom David        Bethany Fields

             Randall Dunn      Parish President J. Mitchell Ourso, Jr.

             Arthur Bagwell        Brian Berthelot

            Jason Guidry       Melissa Businelle

APPROVAL OF MINUTES

    The January 27, 2010 minutes were approved on a motion by Mrs. Jarvis, seconded by Mr. Pugh, with a roll call vote of all yeas, no nays, Mr. Barbier absent, motion therefore carried.

NEW BUSINESS

A⸀       LRA Application/Water District Improvements (Pan American Engs.)

At this time, President Ourso introduced Mr. Tom David, and Ms. Bethany

Fields with Pan American Engineers.  This group was hired as the management team for the Parish to handle the funds which will be sent down through the LRA/CDBG.  The Parish of Iberville being the third hardest hit during Hurricane Gustav is entitled to $44,000,000.  This money is to be used for Hurricane related repairs, and is to be divided amongst the Parish and its six municipalities.  The parish’s share is $24,000,000.  Mr. Ourso explained that the Parish has allotted $12,000,000. of its funds to replace the undersize lines within the district which were damaged and uprooted during the storm.  These lines were laid many years ago, and the coverage is very shallow. 

    Mr. David went on to explain that now his firm will go into a detail application process.  Procurement of an engineering firm and the handling of environmental issues will all need to be done before the bidding process.  Realistically, it will be about nine months before the bidding. 

    He also advised that under Plan “B” list, there is $7,000,000. allotted to

find an alternative water source.

B⸀      Audit  Engagement Letter

The audit engagement letter was presented for signature.  A motion

offered by Mr. Haydel, seconded by Mrs. Jarvis authorized the President to sign the audit engagement letter, this motion came to a roll call vote of all yeas, no nays, Mr. Barbier absent, motion therefore carried.

FINANCIAL REPORT

    Mrs. Jarvis offered a motion which was seconded by Mr. Haydel that the outstanding bills be paid as presented, this motion came to a roll call vote of all yeas, no nays, Mr. Barbier absent, motion therefore carried.

DISTRICT OPERATOR REPORT

    Mr. Berthelot reported that the filters located down the river are starting to corrode.  He has asked Mr. Arikol to make a recommendation on handling the blasting and painting specs required.

ADJOURN

    The meeting was adjourned on a motion by Mrs. Jarvis, seconded by Mr. Haydel with a roll call vote of all yeas, no nays, Mr. Barbier absent, motion therefore carried.

____________________                        ___________________

Judith L. Burleigh                              Rickey Breaux

Minute Clerk                           President

3/4

IBERVILLE PARISH COUNCIL MINUTES

SPECIAL MEETING, TUESDAY, MARCH 3, 2009

The Parish Council of Iberville Parish, State of Louisiana, met in Special Session at the regular meeting place of the Parish Council, in the Council Meeting Room, 58050 Meriam Street, Plaquemine, Louisiana, on Tuesday, the 3rd day of March, 2009.

The Council Chairman, Eugene P. Stevens, called the meeting to order at 6:00 p.m. followed by roll call with the following Council Members in attendance:  Warren Taylor, District 1; Mitchel J. Ourso Sr., District 2; Edwin M. Reeves, Jr., District 5; Howard Oubre, Jr., District 7; Eugene P. Stevens, Jr., District 8; Louis R. Kelley, Jr., District 10; Timothy J. Vallet, District 11; Matthew H. Jewell, District 12.

Absent: Henry J. Scott, Sr., District 3; Leonard Jackson, Sr., District 4; Salaris G. Butler, District 6; Terry J. Bradford, District 9; Wayne M. Roy, District 13.

A quorum was present and due notice had been given.  The pledge of allegiance followed.

Legal Advisor- Mr. Scott Stassi was also in attendance.

Councilman Scott has entered into the meeting.

Council Chairman Stevens stated the purpose of the special session, was for the Sales Tax Bonds for $8,970,000.00 for the road improvement project and award of Bond Bids.

Mr. Hugh Martin and Mr. Ted Jones spoke briefly about the bid process.  The purpose of the bonds are for constructing and improving public roads, highways and bridges (including incidental road drainage), and acquiring necessary equipment therefore, title to which shall be in the public. The Morgan Keegan Company won the bid at a four percent rate.  The bond is expected to be delivered on or around April 14, 2009.

The Council did not receive any appeals.

Upon a motion by Councilman Taylor, and seconded by Councilman Scott, it was moved to accept the lowest bid.  The motion having been duly submitted to a vote, was duly adopted by the following yea and nay votes on roll call:

YEAS: Taylor, Ourso, Scott, Reeves, Kelley, Vallet, Jewell

NAYS: Oubre.

ABSENT: Jackson, Butler, Bradford, Roy.

The motion was declared adopted by the Chairman on March 3, 2009.

ORDINANCE IPC # 006-09

An ordinance authorizing the issuance of Eight Million Nine Hundred Seventy Thousand Dollars ($8,970,000) of Sales Tax Bonds, Series 2009, of the Parish of Iberville, State of Louisiana; prescrib_ing the form, terms and conditions of such Bonds and provid_ing for the payment thereof; autho_rizing an agreement with the Paying Agent; and providing for other matters in connec_tion therewith.

The following ordinance was introduced by Councilman Taylor and seconded by Councilman Ourso.

WHEREAS, the Parish of Iberville, State of Louisiana (the "Issuer"), is now levying and collecting a special one percent (1%) sales and use tax (the "Tax") pursuant to an election held on September 30, 2006, at which election the following proposition was approved by a majority of the qualified electors voting at such election, viz:

SALES TAX PROPOSITION

SUMMARY:  1% SALES AND USE TAX FOR 30 YEARS LEVIED IN 1/3% ANNUAL INCREMENTS FOR EXPENDITURE BY THE PARISH AND THE MUNICIPALITIES FOR ANY LAWFUL PUBLIC PURPOSE AND/OR FOR CAPITAL IMPROVEMENTS SUBJECT TO FUNDING INTO BONDS.

Shall the Parish of Iberville, State of Louisiana  (the Parish), under Article VI, Section 29(A) of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to levy and collect a new tax of one percent (1%) (the Tax), to the extent permitted by law, for a period of thirty (30) years, 1/3% to be levied beginning January 1, 2007, 2/3% beginning January 1, 2008, and the full 1% beginning January 1, 2009, upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the Parish, with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax), to be allocated between the Parish and municipalities to provide funds for any lawful public purpose and/or for capital improvements, equipment and furnishings, as follows:

Pro-Rata

Political Subdivision                                                 Percentage

Iberville Parish                                                        52.4541%

Village of Grosse Tete                                               2.2432%

Village of Maringouin                                                4.2253%

City of Plaquemine                                                  23.6507%

Village of Rosedale                                                   2.5211%

City of St. Gabriel                                                      8.3903%

Town of White Castle                                                6.5153%

provided that the allocation of the tax proceeds shall be subject to change after each Federal census based upon the respective population of each tax recipient body as their boundaries existed on May 1, 2005, provided that the Parish allocation shall never be reduced to less than 50% of the tax proceeds and the remainder divided among the municipalities, and shall the proceeds of the Tax be subject to funding into bonds by the Parish and the municipalities respectively for the purpose of financing any capital improvements,  permitted by law, including, Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended; further provided, however, that no changes in the allocation or distribution of the avails or proceeds of the Tax as herein provided shall be effective in a manner to deprive any political subdivision of sufficient Tax avails or proceeds required to pay principal and interest on any bonds which may be legally issued and outstanding, or reduce the pro-rata allocation of any municipality?

WHEREAS, pursuant to the authority of the aforesaid election, the Issuer adopted an ordinance on November 21, 2006 (the "Tax Ordinance"), providing for the levy and collection of the aforesaid 1% Tax; and

WHEREAS, in accordance with the provisions of the Tax Ordinance, 52.4541% of the avails or proceeds of the Tax (the Net Revenues of the Tax, as hereinafter defined) shall be available for appropriation and expendi_ture by the Issuer for the purposes designated in the proposition authorizing the levy of the Tax, which includes the payment of bonds authorized to be issued in accordance with Louisiana law; and

WHEREAS, this Parish Council desires to issue bonds payable from a pledge and dedication of the Net Revenues of the Tax, all in accordance with Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, for the purpose of constructing and improving public roads, highways and bridges (including incidental road drainage), and acquiring necessary equipment therefor, title to which shall be in the public; and

WHEREAS, other than the Bonds herein authorized, the Issuer has no outstanding  bonds or other obligations of any kind or nature payable from or enjoying a lien on the aforesaid Net Revenues of the Tax herein pledged except for Sales Tax Bonds, Series 2007 (the Outstanding Parity Bonds) ; and

WHEREAS, under the terms and conditions of the ordinance adopted by the Issuer on January 16, 2007, authorizing the issuance of the Outstanding Parity Bonds (the Outstanding Parity Bond Ordinance), the Issuer has authority to issue additional bonds on a complete parity with the Outstanding Parity Bonds under the terms and conditions provided therein; and

WHEREAS, the Issuer has determined that all the terms and conditions specified in the Outstanding Parity Bond Ordinance have been or will be complied with prior to the delivery of the Bonds, and it is the express desire and intention of the Issuer that the Bonds be issued on a complete parity with the Outstanding Parity Bonds; and

WHEREAS, the maturities of the hereinafter described Bonds and the Outstanding Parity Bonds have been arranged so that the total amount of principal and interest falling due in any year on the Bonds and the Outstanding Parity Bonds will never exceed 75% of the Net Revenues of the Tax estimated to be received by the Issuer in the year in which the Bonds are to be issued (which are hereby estimated to be at least $4,083,000); and

WHEREAS, it is now desired to fix the details necessary with respect to the issuance of the Bonds, and to provide for the authorization and issuance thereof, as hereinafter provided, said Bonds having been advertised for sale by virtue of a resolution adopted by this governing authority on January 20, 2009;

NOW, THEREFORE, BE IT ORDAINED by the Parish Council of the Parish of Iberville, State of Louisiana, acting as the governing authority of said Parish, that:

SECTION           Definitions.  As used herein, the following terms shall have the following meanings, unless the context otherwise requires:

"Act" means Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.

"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Bond Ordinance.

"Bond" or "Bonds" means the Sales Tax Bonds, Series 2009, of the Issuer issued by this Bond Ordinance in the total aggregate principal amount of Eight Million Nine Hundred Seventy Thousand Dollars ($8,970,000), and any bond of said issue, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued.

"Bond Register" means the registration books of the Paying Agent in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.

"Bond Ordinance" means this ordinance authorizing the issuance of the Bonds.

"Bond Year" means the one year period ending on February 1 of each year, the principal payment date for the Bonds.

"Business Day" means a day of the year on which banks located in the cities in which the principal corporate trust offices of the Paying Agent are located are not required or authorized to remain closed and on which the New York Stock Exchange is not closed.

"Code" means the Internal Revenue Code of 1986, as amended.

"Executive Officers" means collectively the Parish President and the Council Clerk of the Governing Authority.

"Fiscal Year" means the twelve-month accounting period commencing on the first day of January or any other twelve-month accounting period determined by the Governing Authority as the fiscal year of the Issuer.

"Governing Authority" means the Parish Council of the Parish of Iberville, State of Louisiana.

"Government Securities" means direct obligations of, or obligations the timely payment of the principal of and interest on which are fully and unconditionally _guaranteed by the United States of America, which are non_callable prior to their maturity and may be United States Treasury Obligations such as the State and Local Government Series and may be in book_entry form.

"Interest Payment Date" means February 1 and August 1 of each year, commencing August 1, 2009._

"Issuer" or "Parish" means the Parish of Iberville, State of Louisiana.

"Net Revenues of the Tax" means 52.4541% of the avails or proceeds of the one percent (1%) sales and use tax being levied and collected by the Issuer (provisions of current State law limit the maximum amount of the Tax which may be collected within the boundaries of the City of St. Gabriel, State of Louisiana, to 2/3%), pursuant to an  election held in the Issuer on September 30, 2006 (provided that the allocation of the Tax proceeds shall be subject to change after each Federal census based upon the respective population of each tax recipient body as their boundaries existed on May 1, 2005, and provided that the Parish allocation shall never be reduced to less than 50% of the Tax proceeds and the remainder divided among the municipalities nor shall any such changes reduce the pro-rata allocation of any municipality), and after provision has been made for the payment therefrom of all of the reasonable and necessary costs and expenses of collecting and administering the Tax.

"Outstanding" means when used with respect to Bonds means, as of the date of determina_tion, all Bonds theretofore issued and delivered under this Bond Ordinance, except:

  Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;

  Bonds for whose payment or redemption sufficient funds have been theretofore deposited with the Paying Agent in trust for the Owners of such Bonds as provided in Section 22; provided that, if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Bond Ordinance, to the satisfaction of the Paying Agent, or waived;

  Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Bond Ordinance; and

  Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Bond Ordinance.

"Outstanding Parity Bonds" shall mean the Issuer’s Sales Tax Bonds, Series 2007, maturing February 1, 2010 through February 1, 2027, inclusive, as described in the preamble hereto.

"Outstanding Parity Bond Ordinance" shall mean the ordinance adopted by the Issuer on January 16, 2007, authorizing the issuance of the Outstanding Parity Bonds.

"Owner" or "Owners" means when used with respect to any Bond the Person in whose name such Bond is registered in the Bond Register.

"Parish" means the Parish of Iberville, State of Louisiana.

"Paying Agent" shall mean Regions Bank, in the City of New Orleans, Louisiana, as paying agent and registrar hereunder, until a successor Paying Agent shall have become such pursuant to the applicable provisions of the Bond Ordinance, and thereafter APaying Agent@ shall mean such successor Paying Agent. 

"Person" means any individual, corporation, partnership, joint venture, association, joint_stock company, trust, unincorpo_rated organization, or government or any agency or political subdivision thereof.

"Purchaser" means Morgan Keegan & Company, Inc., of New Orleans, Louisiana, t_he original purchaser of the Bonds.

"Qualified Investments" means the following, provided that the same are at the time legal for investment of the Issuer's funds and, if required by law, are secured at all times by collateral described in clause (A) below: 

                Government Securities, including obligations of any of the Federal agencies set forth in clause (B) below to the extent unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) of the character described in this clause (A) such as those securities commonly known as CATS, TIGRS and/or STRIPS; 

                bonds, debentures or other evidences of indebtedness issued by the Private Export Funding Corporation, Federal Home Loan Bank System, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association and Student Loan Marketing Association; 

                certificates of deposit, whether negotiable or nonnegotiable, issued by any bank or trust company organized under the laws of the State or any national banking association having its principal office in the State (including the Paying Agent) which is a member of the Federal Deposit Insurance Corporation and which are secured at all times by collateral described in clause (A) above; 

                certificates of deposit, savings accounts, deposit accounts or money market deposits of any bank or trust company organized under the laws of the State or any national banking association having its principal office in the State (including the Paying Agent)  which are fully insured by the Federal Deposit Insurance Corporation; and 

                the Louisiana Asset Management Pool (LAMP).

"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date, whether or not such day is a Business Day.

"Redemption Price" means, when used with respect to a Bond, the principal amount thereof plus the applicable premium, if any, payable upon redemption thereof pursuant to this Bond Ordinance.

"Reserve Fund Alternative Investment" means a surety bond or insurance policy issued by an insurance company or an irrevocable letter of credit issued by a bank meeting the requirements of Section 8 hereof.

"Reserve Fund Requirement" means, as of any date of calculation, a sum equal to the lesser of (i) 10% of the original proceeds of the Bonds, the Outstanding Parity Bonds and any issue of additional pari passu bonds payable from the Net Revenues of the Tax, calculated in accordance with applicable Internal Revenue Service regulations, (ii) the maximum principal and interest requirements for any succeeding Bond Year (ending February 1) on the Bonds, the Outstanding Parity Bonds and any issue of pari passu bonds payable from the Net Revenues of the Tax, or (iii) 125% of the average annual principal and interest requirements on the Bonds, the Outstanding Parity Bonds and any issue of pari passu bonds payable from the Net Revenue of the Tax, subject in each case to the payment of the reasonable and necessary costs and expenses of collecting and administering the Tax; provided, however, that the Reserve Fund Requirement may be satisfied by cash or Reserve Fund Alternative Investment, or a combination of the foregoing.

"Reserve Insurer" means, with respect to the Outstanding Parity Bonds, CIFG Assurance North America, Inc., New York, New York, or any successor thereto.

"State" means the State of Louisiana. 

"Tax" means the 1% tax authorized at an election held in the Issuer on September 30, 2006.

"Tax Ordinance" means the ordinance adopted by this Governing Authority on November 21, 2006, pursuant to which the Tax is being levied, as the same may be supplemented and/or amended from time to time.

SECTION           Authorization of Bonds.  In compli_ance with and under the authority of the Act, and other constitu_tional and statutory authority, and having been authorized at an election held within the corporate boundaries of the Parish on September 30, 2006, there is hereby authorized the incurring of an indebted_ness of Eight Million Nine Hundred Seventy Thousand Dollars ($8,970,000) for, on behalf of and in the name of the Issuer, for the purpose of constructing and improving public roads, highways and bridges (including incidental road drainage), acquiring necessary equipment therefor, title to which shall be in the public, and to represent the said indebtedness, the Issuer does hereby authorize the issuance of Eight Million Nine Hundred Seventy Thousand Dollars ($8,970,000) of its Sales Tax Bonds, Series 2009.  The Bonds shall be in fully registered form, shall be dated April 1, 2009, shall be in the denomination of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity, shall be numbered consecutively from R_1 upward, shall bear interest from date thereof or the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on August 1, 2009, and semiannually thereafter on February 1 and August 1 of each year, at the following rates of interest per annum, and shall become due and payable and mature serially on February 1 of each year as follows:

                                  PRINCIPAL       INTEREST                               PRINCIPAL       INTEREST

       YEAR                 MATURING       RATE              YEAR              MATURING       RATE

    2010                       $385,000      5.000%                  2018                       $615,000   4.000%

    2011                        440,000        4.500                    2019                        645,000     4.000

    2012                        460,000        3.500                    2020                        680,000     4.000

    2013                        485,000        4.000                    2021                        715,000     4.000

    2014                        505,000        4.000                    2022                        750,000     4.125

    2015                        535,000        4.000                    2023                        785,000     4.250

    2016                        560,000        4.000                    2024                        825,000     4.375

    2017                        585,000        4.000                                                                      

Upon discontinuation of the book-entry only system, the principal of the Bonds, upon maturity or redemption, shall be payable at the principal office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds will be payable by check mailed by the Paying Agent to the Owner (determined as of the Record Date) at the address shown on the Bond Register.  Each Bond delivered under this Bond Ordinance upon transfer or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so that neither gain nor loss in interest shall result from such transfer, exchange or substitu_tion.  No Bond shall be entitled to any right or benefit under this Bond Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substan_tially in the form provided in this Bond Ordinance, executed by the Paying Agent by manual signature.

During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.

SECTION        Redemption of Bonds.  The Bonds maturing February 1, 2020, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after February 1, 2019, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemp_tion, plus a premium (ex_pressed as a percentage of the principal to be redeemed), as follows:

                                                Redemption Period                                             Redemption

                                                (both dates inclusive)                                          Premium

February 1, 2019 to January 31, 2021                                           1%

February 1, 2021 to January 31, 2023                                           1/2%

February 1, 2023 and thereafter                                                  0%

In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed.   Bonds are not required to be redeemed in inverse order of maturity. Official notice of such call of any of the Bonds for redemption will be given by first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the registered owner of each bond to be redeemed at his address as shown on the registra_tion books of the Paying Agent.

SECTION 4. Registration, Transfer and Exchange of Bonds.  The Issuer shall cause the Bond Register to be kept at the principal office of the Paying Agent.  Except as provided under DTC’s book-entry only system, the Bonds may be trans_ferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent.  A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity.  Neither the Issuer nor the Paying Agent shall be required to issue, register the transfer of, or exchange (i) any Bond during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date, or (ii) any Bond called for redemption prior to maturity, during a period beginning at the opening of business fifteen (15) days before the date of mailing of a notice of redemption of such Bond and ending on the date of such redemption.

SECTION 5.   Form of Bonds.  The Bonds and the endorse_ments to appear thereon

shall be in substantially the following forms, respective_ly, to_wit:

NO. R-___________                   PRINCIPAL AMOUNT $___________

Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation ("DTC"), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO. or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.

As provided in the Bond Ordinance referred to herein, until the ter_mination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Bond Ordinance to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.

UNITED STATES OF AMERICA

STATE OF LOUISIANA

PARISH OF IBERVILLE

SALES TAX BOND, SERIES 2009

OF THE

PARISH OF IBERVILLE, STATE OF LOUISIANA

                    Bond                          Maturity                        Interest                         CUSIP

                       Date                             Date                             Rate                          Number 

               April 1, 2009              February 1, ____               _______%                  _________

The Parish of Iberville, State of Louisiana (the "Issu_er" or "Parish"), promises to pay, but solely from the source and as hereinafter provided, to:

REGISTERED OWNER:                                  CEDE & CO. (Tax Identification #13-2555119)

PRINCIPAL AMOUNT:                                  ____________________________ DOLLARS

or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on August 1, 2009, and semiannually thereafter on February 1 and August 1 of each year (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid.   The principal of this Bond, upon maturity or redemption, is payable in lawful money of the United States of America at the principal office _of Regions Bank, in the City of New Orleans, Louisiana, or successor thereto (the "Paying Agent"), upon presentation and surrender hereof.  Interest on this Bond is payable by check mailed by the Paying Agent to the registered owner (determined as of the 15th calendar day of the month next preceding each Interest Payment Date) at the address as shown on the registration books of the Paying Agent.

During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.

This Bond is one of an authorized issue aggregating in principal the sum of Eight Million Nine Hundred Seventy Thousand Dollars ($8,970,000) (the "Bonds"), all of like tenor and effect except as to number, interest rate, denomination, and maturity, said Bonds having been issued by the Issuer pursuant to an ordinance adopted on March 3, 2009 (the "Bond Ordinance"), for the purpose of constructing and improving public roads, highways and bridges (including incidental road drainage), and acquiring necessary equipment therefor, title to which shall be in the public, under the authority conferred by Sub-Part F, Part III, Chapter 4, Title 39  of the Louisiana Revised Statutes of 1950, as amended, and other constitu_tional and statutory authority, pursuant to all require_ments therein speci_fied, including the authorization of a majority of the qualified electors voting at an election held on September 30, 2006, the result of which election has been duly promulgated in accor_dance with law.

The Bonds maturing February 1, 2020, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after February 1, 2019, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemp_tion, plus a premium (ex_pressed as a percentage of the principal to be redeemed), as follows:

                                                Redemption Period                                             Redemption

                                                (both dates inclusive)                                          Premium

February 1, 2019 to January 31, 2021                                           1%

February 1, 2021 to January 31, 2023                                           1/2%

February 1, 2023 and thereafter                                                  0%

In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed.  Bonds are not required to be redeemed in inverse order of maturity.  Official notice of such call of any of the Bonds for redemption will be given by first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the registered owner of each bond to be redeemed at his address as shown on the registra_tion books of the Paying Agent.

After the termination of the system of book-entry only transfers through DTC, the Bonds may be trans_ferred, registered and assigned only on the registration books of the Paying Agent, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent.  A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form.  Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register the transfer of, or exchange (i) any Bond_ during a period beginning  at the opening of business on the 15th calendar day of the month next preceding an Interest Payment Date and ending at the close of business on the Interest Payment Date, or (ii) any Bond called for redemption prior to maturity, during a period beginning at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption.

This Bond and the issue of which it forms a part are issued on a complete parity with the Issuer’s outstanding Sales Tax Bonds, Series 2007 (the "Outstanding Parity Bonds").  It is certified that the Issuer, in issuing this Bond and the issue of which it forms a part, has complied with all the terms and conditions set forth in the ordinance authorizing the issuance of the Outstanding Parity Bonds.

This Bond and the issue of which it forms a part are payable from and secured, equally with the Outstanding Parity Bonds, by an irrevocable pledge and dedication of 52.4541% of the avails or proceeds of the one percent (1%) sales and use tax being levied and collected by the Issuer (provisions of current State law limit the maximum amount of the Tax which may be collected within the boundaries of the City of St. Gabriel, State of Louisiana, to 2/3%), pursuant to an  election held in the Issuer on September 30, 2006 (provided that the allocation of the Tax proceeds shall be subject to change after each Federal census based upon the respective population of each Tax recipient body as their boundaries existed on May 1, 2005, and provided that the Parish allocation shall never be reduced to less than 50% of the Tax proceeds and the remainder divided among the municipalities nor shall any such changes reduce the pro-rata allocation of any municipality) (the Tax), and after provision has been made for the payment there from of all of the reasonable and necessary costs and expenses of collecting and administering the Tax (the Net Revenues of the Tax), pursuant to Article VI, Section 29(A) of the Constitution of the State of Louisiana of 1974 and other constitutional and statutory authority.  This Bond constitutes a borrowing solely upon the credit of the Net Revenues of the Tax received by the Issuer and does not constitute an indebtedness or pledge of the general credit of the Issuer within the meaning of any constitu_tional or statutory provisions relating to the incurring of indebtedness.  The Issuer has covenanted and agreed and does hereby covenant and agree to continue to levy the Tax and not to discon_tinue or decrease or permit to be discontinued or decreased the Tax in anticipation of the collection of which this Bond and the issue of which it forms a part have been issued, nor in any way make any change other than as provided in the proposition approved by the voters of the Parish on September 30, 2006, which would diminish the amount of said Net Revenues of the Tax pledged to the payment of the Bonds, until all of the Bonds have been paid in principal and interest.  For a complete statement of the revenues from which and conditions under which this Bond is issued, reference is hereby made to the Bond Ordinance.

This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of Louisiana as provided by law.

This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Registration hereon shall have been signed by the Paying Agent.

It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.  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 Bond and the issue of which it forms a part 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 Bond and the issue of which it forms a part, does not exceed any limitation prescribed by the Constitution and statutes of the State of Louisiana, and that said Bonds shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be incontestable in the hands of bona fide purchasers or owners for value thereof.

IN WITNESS WHEREOF, the Parish Council of the Parish of Iberville, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in its name by the facsimile signatures of the Parish President and the Council Clerk of the Parish of Iberville, State of Louisiana, and a facsimile _of its corporate seal to be imprinted hereon.

PARISH OF IBERVILLE,

STA_TE OF LOUISIANA

         _________(facsimile)__________                               ______(facsimile)________

                          Council Clerk                                                         Parish President

                                                                    (SEAL)

                                                             *   *   *   *   *   *

SECRETARY OF STATE ENDORSEMENT

OFFICE OF SECRETARY OF STATE

STATE OF LOUISIANA

BATON ROUGE

Incontestable.  Secured by a pledge and dedi_cation of proceeds of a sales and use tax in the Parish of Iberville, State of Louisiana.  Registered  this _____ day of April, 2009.

                                                                                      _____________________________

                                                                                                      Secretary of State

 *   *   *   *   *

PAYING AGENT'S CERTIFICATE OF REGISTRATION

This Bond is one of the Bonds referred to in the within mentioned Bond Ordinance.

Regions Bank

New Orleans, Louisiana

as Paying Agent

Date of

Registration: ____________________             By:        ______________________                                                   

                                                                                                          Authorized Officer

                                                          *   *   *   *   *   *   *

                                                    (FORM OF ASSIGNMENT)

FOR VALUE RE_CEIVED, the undersigned hereby sells, assigns and transfers unto                                                                                                                     

the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints                                                                                                                

attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.

Dated:                                                  _____________________________________           

NOTICE:   The signature to this assign_ment must corre_spond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlarge_ment or any change whatever.

                                                          *   *   *   *   *   *   *

                                               LEGAL OPINION CERTIFICATE

I, the undersigned Council Clerk of the Parish Council of the Parish of Iberville, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of the original bonds of the issue described therein and was delivered to Morgan Keegan & Company, Inc., of New Orleans, Louisiana, t_he original purchaser thereof:

                                                   (Legal Opinion to be Inserted)

I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.

                                                                                     __________(facsimile)__________

                                                                                                      Council Clerk

                                                          *    *    *    *    *    *

SECTION           Execution of Bonds.  The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of the Issuer and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Council Clerk of the Governing Authority, which signatures and seal may be either manual or facsimile.

SECTION           Registration of Bonds by Secretary of State.  The Bonds shall be registered with the Secretary of State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State of Louisiana in substantially the form set forth herein, provided such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser; any bonds subsequently exchanged therefor as permitted in this Bond Ordinance may bear the facsimile signature of said Secretary of State.

SECTION           Recital of Regularity.  This Governing Authority, having investigated the regularity of the proceedings had in connection with this issue of Bonds, and having determined the same to be regular, the Bonds shall contain the following recital, to_wit:

"It is certified that this Bond is authorized by and is issued in conformity with the re_quirements of the Constitution and statutes of this State."

SECTION           Pledge of Net Revenues of the Tax.  The Bonds, equally with the Outstanding Parity Bonds, shall be secured by and payable in principal and interest solely from an irrevocable pledge and dedication of the avails or proceeds of the Net Revenues of the Tax, after there have first been paid from the gross avails or proceeds of the Tax the reasonable and necessary costs and expenses of collecting and administering the Tax, all as more fully provided in the Tax Ordinance.  The Net Revenues of the Tax are hereby irrevocably and irrepeal_ably pledged and dedicated in an amount sufficient for the payment of the Bonds, the Outstanding Parity Bonds in principal and interest and redemption premium, if any, as they shall respectively become due and payable, and for the other purposes set forth in this Bond Ordinance.  In compliance with the Tax Ordinance, all of the Net Revenues of the Tax shall be set aside in a separate fund, as provided in the Outstanding Parity Bond Ordinance and as herein provided, shall be and remain pledged for the security and payment of the Bonds, the Outstanding Parity Bonds and any additional parity bonds issued pursuant to the Bond Ordinance  in principal and interest and for all other payments provided for in this Bond Ordinance until the Bonds and the Outstanding Parity Bonds shall have been fully paid and discharged.  

SECTION   Flow of Funds.  In order that the principal of and the interest on the Bonds and the Outstanding Parity Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Issuer further covenants as follows:

All Revenues of the Tax shall be deposited daily as the same may be collected to the credit of the Issuer, in a separate and special bank account maintained with the regularly designated fiscal agent of the Issuer and known and desig_nated as the "2006 Sales Tax Fund" (the "Sales Tax Fund").  Out of the funds on deposit in the Sales Tax Fund, the Issuer shall first pay (if not previously withheld by the Sales Tax Collector of the Issuer) the reasonable and necessary expenses of collection and administration of the Tax.  After payment of such expenses, the remaining balance of the Net Revenues of the Tax shall constitute a dedicated fund of the Issuer, from which appropriations and expenditures by the Issuer shall be made solely for the purposes designated in the proposition authorizing the levy of the Tax, including the payment of the Bonds, which Sales Tax Fund shall be administered and used in the following order of priority and for the following express purposes:

(a)        The maintenance of the "Sales Tax Bond Sinking Fund" (the "Sinking Fund") sufficient in amount to pay promptly and fully the principal of and the interest on the Bonds, the Outstanding Parity Bonds and any additional pari passu bonds issued hereafter in the manner provided by this Bond Ordinance, as they severally become due and payable, by transferring from the Sales Tax Fund to the regularly designated fiscal agent of the Issuer, in advance on or before the 20th day of each month, a sum equal to the prorata amount of interest falling due on such bonds on the next Interest Payment Date and a sum equal to the prorata amount of principal falling due on such bonds on the next principal payment date.  The Issuer will cause said fiscal agent bank to transfer from the Sinking Fund to the paying agent bank or banks for all bonds payable from said fund, at least three (3) days in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest so falling due on such date.

(b)        The maintenance of the "Sales Tax Bond Reserve Fund" (hereinafter called the "Reserve Fund").  On the date of issuance of the Bonds, the Issuer shall deposit from the proceeds of the Bonds into the Reserve Fund on the delivery date an amount, which together with the moneys and surety bond already on deposit, shall equal the Reserve Fund Requirement.  Moneys and securities in the Reserve Fund shall be used solely for transfer to the Sinking Fund in amounts required to prevent any default in the payment of the principal of and interest on the Bonds and, at the option of the Issuer, for payment of the final principal and interest requirements of the Bonds and all parity bonds outstanding at that time.

Whenever the amount in the Reserve Fund, together with the amount in the Sinking Fund, is sufficient to pay in full all Outstanding Parity Bonds in accordance with their terms (including principal or applicable premium and interest thereon), the funds on deposit in the Reserve Fund shall be transferred to the Sinking Fund and shall be available to pay all Outstanding Parity Bonds in accordance with their terms (including principal or applicable premium and interest thereon).  Prior to said transfer, all investments held in the Reserve Fund shall be liquidated to the extent necessary in order to provide for the timely payment of principal and interest (or redemption premium) on the Bonds and the Outstanding Parity Bonds.

In the event of the refunding of any Bonds, the Issuer may withdraw from the Reserve Fund all, or any portion of, the amounts accumulated therein with respect to the Bonds being refunded and deposit such amounts to be held for the payment of the principal or redemption premium, if applicable and interest on the bonds being refunded; provided that such withdrawal shall not be made unless (i) immediately thereafter the Bonds being refunded shall be deemed to have been paid pursuant to Section 21 and (ii) the amount remaining in the Reserve Fund, after giving effect to the issuance of the Refunding Bonds and the disposition of the proceeds thereof, shall not be less than the Reserve Fund Requirement.

In lieu of the required transfers to the Reserve Fund or to provide for the removal of all or a portion of the amounts on deposit in the Reserve Fund, the Issuer may cause to be deposited into the Reserve Fund a surety bond or an insurance policy for the benefit of the Owners or a letter of credit in an amount equal to (i) the difference between the Reserve Fund Requireme_nt and the sums then on deposit in the Reserve Fund, if any or (ii) the Reserve Fund Requirement.  The surety bond, insurance policy or letter of credit shall, while the Outstanding Parity Bonds are Outstanding, be subject to the prior written consent of the Reserve Insurer, and shall be payable (upon the giving of notice as required thereunder) on any due date on which moneys will be required to be withdrawn from the Reserve Fund and applied to the payment of principal of or interest on any Bonds when such withdrawal cannot be met by amounts on deposit in the Sinking Fund or the Reserve Fund or provided from any other fund or account under this Bond Ordinance.

To the extent the Reserve Fund is funded in part with a surety bond or other credit facility issued by an entity other than the Reserve Insurer with respect to the Outstanding Parity Bonds  and in part with the Surety Bond, then, in the event of any draw upon the Reserve Fund, the Paying Agent must make claims pro rata (in the proportion which the maximum amount available under each surety bond or other credit facility bears to the total Reserve Fund Requirement) against the Surety Bond and all other surety bonds and other credit facilities on deposit in the Reserve Fund.

In the event that additional parity bonds are issued hereafter in the manner provided by this Bond Ordinance, there shall be immediately transferred from the proceeds of such additional parity bonds and/or from the Sales Tax Fund into the Reserve Fund such amount (as may be designated in the ordinance authorizing the issuance of such additional parity bonds) as will increase the total amount on deposit in the Reserve Fund to a sum equal to the Reserve Fund Requirement for all outstanding bonds payable from the Sinking Fund and any such Additional Parity Bonds; provided, however, that in the event of the issuance of additional parity bonds, the Reserve Fund Requirement may be satisfied by cash or Reserve Fund Alternative Investment, or any combination thereof.

(c)        All or any part of the moneys in the Sales Tax Fund, the Sinking Fund or the Reserve Fund shall at the written request of the Governing Authority be invested in Qualified Investments maturing in five (5) years or less, in which event all income derived from such investments shall be added to the Sales Tax Fund, with the exception that any interest earnings from invested funds of the Reserve Fund shall be retained therein until an amount equal to the Reserve Fund Requirement is on deposit therein, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sales Tax Fund has been created.

 If at any time it shall be necessary to use moneys in the Reserve Fund or to draw upon the Surety Bond for the purpose of paying principal or interest on bonds payable from the Sinking Fund as to which there would otherwise be default, then the moneys so used or drawn upon shall be replaced or reimbursed from the Net Revenues of the Tax first thereafter received, not hereinabove required for payments into the Sinking Fund, it being the intention hereof that there shall as nearly as possible be at all times in the Reserve Fund the Reserve Fund Requirement. 

All moneys remaining in the Sales Tax Fund on the 20th day of each month in excess of all reasonable and necessary expenses of collection and administration of the Tax and after making the required payments into the Sinking Fund and the Reserve Fund for the current month and for prior months during which the required payments may not have been made shall be considered as surplus.  Such surplus may be used by the Issuer for any of the purposes for which the imposition of the Tax is authorized or for the purpose of retiring bonds payable from the Tax in advance of their maturities, either by purchase of bonds then outstanding at prices not greater than the redemption prices of said bonds or by retiring such bonds at the prices and in the manner set forth in the ordinance issuing such bonds.

SECTION   Investment of Funds.  All or any part of the moneys in the Sales Tax Fund, the Sinking Fund and the Reserve Fund shall, at the written request of the Issuer, be invested in Qualified Investments, except for (a) Bond proceeds representing accrued interest and (b) moneys on deposit in the Reserve Fund, which shall be invested in Government Securities maturing in five (5) years or less, in which event all income derived from such Qualified Investments shall be added to the Sales Tax Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sales Tax Fund is created.  Income on investments in the Reserve Fund shall be added to the Sales Tax Fund only to the extent that the amount then on deposit in the Reserve Fund exceeds the Reserve Fund Requirement.

SECTION   Funds to Constitute Trust Funds.  The Sales Tax Fund, the Sinking Fund, and the Reserve Fund provided for in Section 8 hereof shall all be and constitute trust funds for the purposes provided in this Bond Ordinance, and the Owners are hereby granted a lien on all such funds until applied in the manner provided herein.  The moneys in such funds shall at all times be secured to the full extent thereof by the bank or trust company holding such funds in the manner required by the laws of the State. 

SECTION   Method of Valuation and Frequency of Valuation.  In computing the amount in any fund provided for in Section 8, Qualified Investments shall be valued at the lower of the cost or the market price, exclusive of accrued interest. With respect to all funds and accounts (except the Reserve Fund), valuation shall occur annually.  The Reserve Fund shall be valued semi_annually, except in the event of a withdrawal from the Reserve Fund, whereupon it shall be valued immediately after such withdrawal.

SECTION   Issuer Obligated to Continue to Collect Tax.  The Issuer does hereby obligate itself and is bound under the terms and provisions of law to levy, impose, enforce and collect the Tax and to provide for all reasonable and necessary rules, regulations, procedures and penalties in connection therewith, including the proper application of the proceeds of the Tax, until all of the Bonds and the Outstanding Parity Bonds have been retired as to both principal and interest.  Nothing herein contained shall be construed to prevent the Issuer from altering, amending or repealing from time to time as may be necessary this Bond Ordinance or any subsequent ordinance providing with respect to the Tax, said alterations, amendments or repeals to be condi_tioned upon the continued preservation of the rights of the Owners with respect to the Net Revenues of the Tax.  The Tax Ordinance imposing the Tax and pursuant to which the Tax is being levied, collected and allocat_ed, and the obliga_tions to continue to levy, collect and allocate the Tax and to apply the revenues therefrom in accordance with the provisions of this Bond Ordinance, shall be irrevocable until the Bonds and the Outstanding Parity Bonds have been paid in full as to principal, premium, if any,  and interest, and shall not be subject to amendment in any manner which would impair the rights of the Owners from time to time of the Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon.  More specifically, neither the Legislature of Louisiana nor the Issuer may discontinue or decrease the Tax or permit to be discontinued or decreased the Tax in anticipation of the collection of which the Bonds have been issued, or in any way make any change which would diminish the amount of the Net Revenues of the Tax pledged to the payment of the Bonds and received by the Issuer, until all of such Bonds and the Outstanding Parity Bonds shall have been retired as to both principal and interest.

The Owners of any of the Bonds may, either at law or in equity, by suit, action, mandamus or other proceeding, enforce and compel performance of all duties required to be performed as a result of issuing the Bonds and may similarly enforce the provi_sions of any ordinance imposing the Tax and the Bond Ordinance and proceedings authorizing the issuance of the Bonds. 

SECTION           Covenants of the Issuer.  In providing for the issuance of the Bonds, the Issuer does hereby covenant that it has a legal right to levy and collect the Tax, to issue the Bonds and to pledge the Net Revenues of the Tax as herein provided, and that the Bonds will have a lien and privilege on the revenues of the Tax on a parity with the Outstanding Parity Bonds subje_ct only to the prior payment of the reasonable and necessary costs and expenses of administering and collecting the Tax.

SECTION           Bond Ordinance a Contract.  The provisions of this Bond Ordinance shall constitute a contract between the Issuer and the Owner or Owners from time to time of the Bonds, and any Owner of any of the Bonds may either at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by the Issuer as a result of issuing the Bonds, and may similarly enforce the provisions of the Tax Ordinance imposing the Tax and this Bond Ordinance.

SECTION           Records and Accounts Relating to Tax.  So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other records and accounts in which shall be made full and correct entries of all transactions relating to the collection and expenditure of the Net Revenues of the Tax, including specifically but without limitation, all reasonable and necessary costs and expenses of collec_tion of the Tax.

Not later than three (3) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State of Louisiana (or his successor) or by a recognized independent firm of certified public accountants showing the receipts of and disburse_ments made for the account of the Sales Tax Fund.  Such audit shall be available for inspection upon request by the Owners of any of the Bonds.  The Issuer further agrees that the Paying Agent and the Owners of any of the Bonds shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Tax.

SECTION           Issuance of Refunding and Additional Parity Bonds.  All of the Bonds shall enjoy complete parity of lien on the Net Revenues of the Tax despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. The Issuer, acting through its governing authority, hereby covenants that it will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the Tax having priority over or parity with the Bonds and the Outstanding Parity Bonds, except that bonds may hereafter be issued on a parity with the Bonds and the Outstanding Parity Bonds under the following conditions: 

(a)  The Bonds shall enjoy complete parity of lien on the Net Revenues of the Tax despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds.  The Issuer shall issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the Tax having priority over or parity with the Bonds and the Outstanding Parity Bonds, except that bonds may hereafter be issued on a parity with the Bonds and the Outstanding Parity Bonds under the following conditions:

(1)  The Bonds, or any part thereof, including interest thereon and redemption premiums thereon, may be refunded and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues which may have been enjoyed by the Bonds refunded; provided, however, that if only a portion of the Bonds outstanding is so refunded and the refunding bonds require total principal and interest payments during any Bond Year in excess of the principal and interest which would have been required in such Bond Year to pay the Bonds refunded thereby, then such Bonds may not be refunded without consent of the Owners of the unrefunded portion of the Bonds issued under this Bond Ordinance (provid_ed such consent shall not be required if such refunding bonds meet the requirements set forth in clause (2) below).

(2)  Additional parity bonds may also be issued on a parity with the Bonds herein authorized in this Bond Ordinance and the Outstanding Parity Bonds if all of the following conditions are met:

(i)  The average annual Net Revenues of the Tax when computed for the two (2) completed Calendar Years immediately preceding the issuance of the additional parity bonds must have been not less than 1.35 times the highest combined principal and interest requirements for any succeeding Calendar Year period on all Bonds and the Outstanding Parity Bonds then outstanding and payable from the Sinking Fund, including any addi_tional parity bonds theretofore issued and then outstanding and any other bonds or other obliga_tions whatsoever then outstanding which are payable from the Net Revenues of the Tax (but not including bonds which have been refunded or provision otherwise made for their full and complete payment and redemption) and the bonds so proposed to be issued;

(ii)  The payments to be made into the various funds provided for in this Bond Ordinance must be current;

(iii)  The existence of the facts required by paragraphs (i) and (ii) above must be determined and certified to by the chief financial officer  of the Governing Authority, _or by an independent firm of certified public accountants who have previously audited the books of the Issuer or by such successors thereof as may have been employed for that purpose; and

(iv)  The additional parity bonds must be payable as to principal on February 1 of each year in which principal falls due beginning not later than three (3) years from the date of issuance of said additional parity bonds and payable as to interest on February 1st  and August 1st of each year.

SECTION   Remedies on Default.  If one or more of the following events (in this Bond Ordinance called "Events of Default") shall happen, that is to say,

 if default shall be made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or otherwise; or

 if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; or

 if default shall be made by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in the Bond Ordinance, any supplemental ordinance or in the Bonds, and such default shall continue for a period of forty_five (45) days after written notice thereof to the Issuer by the Reserve Insurer or the Owners of not less than 25% of the Bond Obligation; or

 if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law;

then, upon the happening and continuance of any Event of Default the Owners of the Bonds shall be entitled to exercise all rights and powers for which provision is made under Louisiana law.   Under no circumstances may the principal or interest of any of the Bonds be accelerated.  All remedies shall be cumulative with respect to the Paying Agent and  the Owners; if any remedial action is discontinued or abandoned, the Paying Agent and the Owners shall be restored to the former positions.

                        SECTION        Fidelity Bonds for Officers and Employees.  So long as any of the Bonds are outstand_ing and unpaid, the Issuer shall require all of its officers and employees who may be in a position of authority or in possession of money derived from the collection of the Tax, to obtain or be covered by a blanket fidelity or faithful performance bond, or independent fidelity bonds written by a responsible indemnity company in amounts adequate to protect the Issuer from loss.

SECTION        Amendments to Bond Ordinance.  No material modification or amendment of this Bond Ordinance, or of any ordinance amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstand_ing; provided, however, that no such modification or amendment shall permit a change in the maturity of the Bonds or the redemption provisions thereof, or a reduction in the rate of interest thereon, or the promise of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the Net Revenues of the Tax, or reduce the percentage of owners required to consent to any material modifica_tion or amendment of this Bond Ordinance, without the consent of all of the Owner or Owners of the Bonds.  Any rating agency rating the Bonds must receive notice of each amendment and a copy thereof at least 15 days in advance of its execution or adoption.

SECTION        Mutilated, Destroyed, Lost or Stolen Bonds.  If  any mutilated Bond is surrendered to the Paying Agent, or the Issuer, the Paying Agent receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and  there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding.  In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond.  Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith.  Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Bond Ordinance equally and ratably with all other Outstanding Parity Bonds.  The procedures set forth in the Agreement authorized in this Bond Ordinance shall also be available with respect to mutilated, destroyed, lost or stolen Bonds.  The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.

SECTION        Discharge of Bond Ordinance.  If the Issuer shall pay or cause to be paid, or there shall be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Bond Ordinance, then the pledge of the Tax or any other money, securities, and funds pledged under this Bond Ordinance and all covenants, agreements, and other obligations of the Issuer to the Owners of Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Bond Ordinance to the Issuer.

SECTION        Defeasance.   Bonds or interest install_ments for the payment or redemp_tion 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 redemption or otherwise) at the maturi_ty or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section, if they have been defeased pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.

SECTION        Successor Paying Agent; Paying Agent Agreement.  The Issuer will at all times maintain a Paying Agent meeting the qualifica_tions hereinafter described for the perfor_mance of the duties hereunder for the Bonds.  The designa_tion of the initial Paying Agent in this Bond Ordinance is hereby confirmed and approved.  The Issuer reserves the right to appoint a successor Paying Agent by  filing with the Person then performing such function a certified copy of a ordinance giving notice of the termination of the Agreement and appointing a successor and  causing notice to be given to each Owner.  Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exer_cise trust powers, and subject to supervi_sion or examination by Federal or State authority.  The Executive Officers are hereby authorized and directed to execute an appropri_ate Agree_ment with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signa_tures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.   No resignation or removal of the Paying Agent shall become effective until a successor has been appointed and has accepted the duties of Paying Agent. 

SECTION        Effect of Registration.  The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond 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.

SECTION        Notices to Owners.  Wherever this Bond Ordinance provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first_class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register.  In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds.  Where this Bond Ordinance provides for notice in any manner, such notice may be waived in writing by the Owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice.  Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

SECTION        Cancellation of Bonds.  All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already cancelled, shall be promptly cancelled by the Paying Agent.  The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent.  All cancelled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.

SECTION        Preparation of Bonds; Deposit of Bond Proceeds.  The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Bond Ordinance, to cause the necessary Bonds to be printed or lithographed, to issue, execute, seal and deliver the Bonds, to effect the delivery of the Bonds in accordance with the sale thereof, to collect the purchase price therefor, and to deposit the funds derived from the sale of the Bonds (except accrued interest, which shall be deposited in the Sinking Fund and proceeds of the Bonds, if any, to be deposited in the Reserve Fund in accordance with the provisions of Section 10 hereof) in a special account with the regularly designated fiscal agent bank of the Issuer.  The proceeds derived from the sale of the Bonds shall constitute a trust fund to be used exclusively for the purposes for which the Bonds are herein authorized to be issued, but the Purchaser of the Bonds shall not be obliged to see to the application thereof.