VINTON, LA

                June 18, 2013

 

                The Mayor and Council of the Town of Vinton, Louisiana, met in regular session at the regular meeting place of said Mayor and Council, in the Town Hall, Vinton, Louisiana, at 6:00 p.m. on the 18th   day of June, 2013, with the following members present:

 

                                                                                Kenneth O. Stinson, Mayor

                                                                                Bliss Bujard, Council Member

                                                                                Harold R. Douga, Council Member

                                                                                Kevin Merchant, Council Member

                                                                                Paul Patin, Council Member

                                                                                                                                                                                                               

                                ABSENT:                               William “BB” Loyd, Mayor Pro Tem

 

                                ALSO PRESENT:                 Cade R. Cole, Town Attorney

                                                                               

                                                                The following Reports were submitted:

 

                Total Payroll for May, 2013                                                                                          $   101,433.38                        

                                Total Receipts for May, 2013                                                                                      $1,176,664.49    

                                Total Disbursements for May, 2013                                                                         $1,075,924.56 

                                Total Bills for May, 2013                                                                                               $   478,468.88    

 

 

 

Kenneth O. Stinson, Mayor called the meeting to order.  Chaplin Tatum led in prayer, and then followed the Pledge of Allegiance.

 

                                It was moved by Council Member Merchant that the minutes of prior meetings, copies of which were mailed to each Council Member prior to the meeting, be approved as written.  The motion was seconded by Council Member Bujard and carried.

 

                                Mary Vice, City Clerk gave the monthly Administration Department report.

 

It was moved by Council Member Merchant, seconded by Council Member

 Douga that the following Resolution be adopted setting the millage rate for the tax year 2013:

 

TOWN OF VINTON, LOUISIANA

 

RESOLUTION

 

                        BE IT RESOLVED, that the following millage is hereby levied on the 2013 tax roll on all property subject to taxation by the Town of  Vinton, Louisiana:

 

                                                            5.760 Mills

 

                        BE IT FURTHER RESOLVED that the proper administrative officials of the Parish of Calcasieu, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish for the year 2013, and to make the collection of the taxes imposed for and on behalf of the taxing authority, according to law, and that the taxes herein levied shall become a permanent lien and privilege on all property subject to taxation as herein set forth, and collection thereof shall be enforceable in the manner provided by law.

 

                        The foregoing resolution was read in full, the roll was called on the adoption thereof, and the resolution was adopted by the following votes:

 

                                    YEAS:  Council Members Bujard, Douga, Merchant & Patin

 

                                     NAYS:  None

 

                                 ABSENT:   Council Member Loyd

 

                         ABSTAINED:    None 

 

CERTIFICATE

 

                        I hereby certify that the foregoing is a true and exact copy of the resolution adopted at a regular council meeting held on June 18, 2013, at which meeting a quorum was present and voting.

 

                        Vinton, Louisiana, this 19th  day of June, 2013.

 

                                                                                    ___________________________________

                                                                                    Mary Vice, Clerk

 

                                Bills for the month of April, 2013, were approved and payment authorized upon a motion by Council Member Merchant, seconded by Council Member Douga and carried.

 

                                Representative Mike Danahay updated the governing authority and public present on the 2013 Legislative Session.

 

                                Mayor Stinson reported on pending grants and projects.

 

                                The Mayor announced that the Farmers Market is held every Saturday in the downtown parking lot from 7:00 AM- until.

 

                                The Mayor also announced the “Heart Walk” that will be held on June 29, 2013, at 8:00 AM, at the Vinton High School Track.

 

                                Mayor Stinson announced that the following bids were received for the Town’s Official Journal:

 

                                                                                American Press                                $5.00/Square Inch

 

                                                                                S/W Daily News               $3.00/Square of 100 words on disk or e-mail

                                                                                                                                $3.50/Square of 100 words not on disk or e-mail

                                **To advertise in the Vinton News- Add              $1.00/Square of 100 words on disk or e-mail

                                                                                                                                $1.50/Square of 100 words not on disk or e-mail

                 

                                After discussion, it was moved by Council Member Douga that the American Press be the Town’s Official Journal for the next 12 months.  The motion was seconded by Council Member Patin and carried.

 

RESOLUTION

 

WHEREAS the Town of Vinton is in need of improvements to its elevated water tank;

 

WHEREAS the Town of Vinton considers the public benefit of the work to be proportionate to the anticipated costs and has obtained funding through Capital Outlay,

 

NOW, THEREFORE, BE IS RESOLVED, by the Town of Vinton to:

 

Advertise for bids for Rehabilitation of 250,000 Gallon Elevated Water Storage Tank with bids to be received at the Vinton City Hall, 1200 Horridge St., Vinton, LA 70668 on July 18, 2013, at 2:00 PM, and then at that time and at said office publicly opened and read aloud.

 

 

A MOTION TO ADOPT the above resolution was made by Council Merchant, seconded by Council Member Douga and resulted in the following vote:

 

YEAS:  Council Members Bujard, Douga, Merchant and Patin

NAYS:  None

                        ABSENT:  Council Member Loyd

                              ABSTAINING:  None

 

CERTIFICATE

 

We the undersigned do certify that the foregoing resolution is a true and correct copy of a resolution adopted at a meeting held on the 18th day of June, 2013, at which meeting a quorum was present and voting.

 

                                                                                                                ____________________________________

                                                                                                                Mayor

ATTEST:

 

___________________________________

City Clerk

 

                                Attorney Cole discussed the proposed Cable Franchise Ordinance.

 

                                It was moved by Council Member Douga that the regular meeting be recessed for a public hearing on the proposed Cable Franchise Ordinance.  The motion was seconded by Council Member Bujard and carried.

 

                                Mayor Stinson called for comments from the public.

 

                                There being no public comment, it was moved by Council Member Merchant that the regular meeting be re-convened.  The motion was seconded by Council Member Douga and carried.

 

                                It was moved by Council Member Bujard that the following Ordinance be adopted.  The motion was seconded by Council Member Douga and the vote cast thereon was as follows:

 

                                                                YEAS:  Council Members Bujard, Douga, Merchant and Patin

 

                                                                NAYS:  None

 

                                                         ABSENT:  Council Member Loyd

 

Ordinance No. ___ of 2013

 

ORDINANCE

 

An Ordinance requiring a permit for use of municipal property for business operations in the Town of Vinton; requiring the provision of certain information prior to issuance of such permit; setting the franchise fee to be paid by those entities providing cable or video service within the Town’s municipal limits under a state granted franchise authority; and otherwise providing with respect thereto.

 

WHEREAS, pursuant to the provisions of LSA-R.S. 33:4401, LSA-RS. 45:1361 et seq, this municipality’s police powers, and in order to protect the health, safety, and welfare of the public, the Town of Vinton (herein referred to as “the Town”) recognizes its right, duty, and obligation to regulate and maintain the integrity and safety of the Town’s property and rights-of-way;

 

WHEREAS, pursuant to the provisions of LSA-R.S. 45:1366, the holder of a state-issued certificate of franchise authority for cable or video service is required to pay a franchise fee to a municipality in which it operates upon the passage of an ordinance by municipality setting such a fee; and

 

WHEREAS, there are persons or entities which utilize and desire to utilize the Town’s property and rights-of-way to conduct business operations, including but not limited to the provision of telecommunication, internet, electrical, cable, water, gas or other services or products (hereinafter referred to as “Business Operations”);

 

WHEREAS, the Town makes and adopts the following findings and purposes:

 

(1)        The Town recognizes that it holds its property and the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The Town and other public entities have invested millions of dollars in public funds to acquire, build, and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the rights-of-way and charging the citizens of the Town for goods and services delivered thereby, are profiting from their use of this property held by the Town for the public good;

(2)        The Town’s rights-of-way are owned or held by the Town primarily for the purpose of pedestrian and vehicular passage and for the Town’s provision of essential public safety services, including police, fire, and emergency medical response services; and public health services, including sanitary sewer, water, and storm drainage services (together, “Public Uses”);

(3)        Public Uses should in all cases be considered and treated as the dominant and preeminent uses of public property and rights-of-way;

(4)        All other uses of public rights-of-way, including use for the provision of Business Operations, must be subordinate to Public Uses;

(5)        In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its rights-of-way and the Town owned facilities located therein, the Town strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances;

(6)        Right-of-way obstructions and deterioration disrupt the flow of vehicular and pedestrian traffic and are a source of frustration for merchants, business owners and the general population;

(7)        The Louisiana legislature enacted Act 433 of 2008, codified as LSA - R.S. 45:1361-1378 as the “Consumer Choice for Television Act,” which provides for a state-issued certificate of franchise authority for cable and video services.  In LSA - R.S.45:1374, the legislature reserved to local government certain authority to regulate the holder of a state-issued certificate of franchise authority including the Town’s lawful exercise of its police powers; and

 

(8)        In order for the Town to properly protect the health, safety and welfare of its citizens, to enhance the Public Uses, and manage and maintain its property, it is appropriate and necessary that the Town obtain and maintain current, accurate information concerning the location, construction, installation and maintenance of structures, facilities, and equipment occupying Town Property for Business Operations (“System”).

 

BE IT THEREFORE ordained by the Mayor and Town Council of the Town of Vinton, State of Louisiana, that no person or entity may enter upon, traverse, either above ground or below, or otherwise utilize any property, servitude, or other property right, owned, leased, possessed, or controlled by the Town (herein referred to as “Town Property”) for the conduct of Business Operations without first being issued a permit to enter Town Property for Business Operations as more fully set forth hereafter.

 

1.         Location of any System for Business Operations within Town Property without a valid permit from the Town pursuant to this Ordinance presents a threat to the health, safety, and welfare of the Town’s citizens and their property and is expressly forbidden. 

 

2.         The Town recognizes and reserves any and all rights available to it to regulate use of any Town Property.

 

3.         The granting of any Town license, permit, or other requirement for doing business within the Town shall not be construed as authorizing any such person or entity the right to utilize Town Property for the conduct of Business Operations.

 

4.         Any person or entity desiring to operate a System occupying Town Property “(Applicant”) shall make a written request to the Town for a permit, which shall include the following information:

 

a)                  Name, address, telephone number, and contact person of the person or entity making the request;

 

b)                  Necessary corporate information, if applicable;

 

c)                  Name, address, email address, and home, office and cell telephone numbers of a person with authority to act on behalf of the Applicant in case of emergency;

 

d)                 Description of the proposed activity;

 

e)                  Identification of the Town Property which Applicant’s System will occupy.  Said identification shall include the following:

 

i)                    Map drawn to scale of the location of all of Applicant’s System presently occupying Town Property; 

 

ii)                  Inventory of all equipment, structures, and facilities comprising Applicant’s System occupying Town Property; and

 

iii)                Description of all anticipated construction, major maintenance, and major installation activities which shall include the specific locations and the beginning and ending dates of all projects to be commenced during the next calendar year; and the tentative locations and beginning and ending dates for all projects contemplated for the two year period following the next calendar year.

 

f)     Proof of comprehensive general liability insurance covering and affecting the Applicant’s Business Operations occupying Town Property.  Applicant shall notify the Town of cancellation of such policy(ies) at least 30 days in advance of such cancellation; and

 

g)     Name of all contractors acting or working on behalf of Applicant within Town Property along with the name and home, office, and cell telephone numbers of a person with authority to act on behalf of the contractor in case of emergency.

 

5.         Upon provision of all of the information required by Section (4), the Town shall issue a permit allowing the Applicant/Permittee to enter Town Property to conduct Business Operations in accordance with the specific information provided to the Town by the Applicant/Permittee. 

 

6.         Standard provisions of each permit granted pursuant to this Ordinance shall include the following: 

           

                        a)         Conditions of Occupancy.  The System shall be located so as to cause minimum interference  with the Public Uses use of Town Property and with the rights and reasonable convenience of property owners who own property that adjoins Town Property.

 

                        b)         Restoration of Public Ways.  If, during the course of the Permittee’s construction, installation, or maintenance of the System, there occurs a disturbance of any Town Property by the Permittee, the Permittee shall replace and restore such Town Property to a condition reasonably comparable to the condition of the Town Property existing immediately prior to such disturbance.

 

                        c)         Relocation at Request of the Town.  If the Town shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change any Town Property, the Permittee, upon thirty (30) days written notice by the Town via certified mail to the Permittee, shall remove, re-lay and relocate its structure, equipment, and facilities at its own expense.  Should the Permittee refuse or fail to remove System within thirty (30) days after written notification, the Town shall have the right to remove the component parts of the System and charge the Permittee for the costs of removal. 

 

                        d)         Relocation at Request of Third Party.  The Permittee shall, on the request of any person holding a lawful building moving permit, protect, support, raise, lower, temporarily disconnect, relocate in or remove from any Town Property, as necessary, any property of the Permittee provided:  (i) the expense of such is paid by said person benefiting from the relocation, including, if required by the Permittee, making such payment in advance; and (ii) the Permittee is given reasonable advance written notice to prepare for such changes.  For purposes of this Section, “reasonable advance written notice” shall be no less than thirty (30) days in the event of a temporary relocation, and no less than one hundred twenty (120) days for a permanent relocation.

 

                        e)         Interference with Use of right-of-way.  When working within Town Property, Permittee shall not unreasonably interfere with Public Uses of said Town Property and the safety, health, and convenience of the public in the public’s use thereof for ordinary travel.

 

7.         No less than three (3) business days prior to commencement of construction, installation or maintenance activities within Town Property, the Permittee shall notify the Town of the specific locations and beginning and ending dates of said construction, installation, or maintenance project and shall provide current, accurate contact information for both the Permittee and the contractor as outlined in Section (4).  Upon receipt of this notification, the Town shall determine whether the proposed construction, installation, or maintenance activities shall pose an unreasonable inference with Public Uses.  If the Town determines the proposed activity presents no such unreasonable interference, it shall issue the permittee a notice to proceed.  If the permittee receives no written notification from the Town within twenty-four hours of the proposed commencement of activities, the proposed activities may be deemed approved.  This Section shall not apply to emergency repair projects or utility service extension projects which the Permittee could not have anticipated.

 

8.         The Permittee shall keep all of the information required by Section (4) current at all times by immediately providing the Town written notice of changes.

 

9.         Any person or entity (1) whose System occupies Town Property for Business Operations without obtaining the permit required in this Ordinance; (2) who fails to provide the 72-hour notice prior to commencement of construction, installation, or maintenance activities as required in Section 6; or who fails to maintain current, accurate information required by Section (4) concerning any System occupying Town Property may have any permit granted pursuant to this Ordinance revoked and may be denied future authorization for construction, installation, or maintenance activities for a period of two years.

 

10.       Any violation of this Ordinance shall afford the Town the full range of remedies available under any applicable law or regulation including the levying of fines. The election of one or more remedies shall not be construed as a waiver of any other legal and/or equitable remedy including, but not limited to the Town’s right to seek injunctive relief, damages, and attorney's fees as the law might allow.

 

BE IT FURTHER ordained by the Mayor and Town Council of the Town of Vinton, State of Louisiana, that all persons or entities providing cable or video services to the citizens of the Town of Vinton pursuant to a state-issued certificate of franchise authority as provided in LSA-R.S. 45:1361 et seq shall, pursuant to the provisions of LSA-R.S. 45:1366, pay the Town of Vinton a franchise fee equal to three percent (3%) of the cable or video service provider’s gross revenues, as that term is defined by the “Consumer Choice for Television Act of 2008,” derived from operations within the Town’s municipal limits. 

 

BE IT FURTHER RESOLVED, that all ordinances and resolutions in conflict herewith are hereby repealed, except those approving any cable or video franchise agreement in force and effect between the Town and any cable or video service provider.

 

The foregoing proposed Ordinance adopted on this ____ day of June, 2013.

 

I HEREBY CERTIFY that the fore-                                                                              The foregoing Ordinance is

going Ordinance has been presented                                                                               hereby approved and

to the Mayor this 19th day of                                                                                           returned to the Town Clerk this

June, 2013.                                                                                                                           20th day of June, 2013.

 

______________________________                                                                          ____________________________

              City Clerk                                                                                                                                     Mayor

 

 

 

                                Chief Ricky Fox gave the monthly police department report.

 

                                Terry Vice, Director of Public Works was absent and a written report was submitted for the monthly public works and electrical department reports.

 

                                Jerry Merchant, Fire Chief gave the monthly fire and civil defense reports.

 

                                Council Member Douga expressed his sincere appreciation to the public and all those who had worked with and helped him during his years of service on the Council.

 

                                There being no further business to come before the Governing Authority, it was moved by Council Member Douga that the meeting be adjourned.  The motion was seconded by Council Member Bujard and carried.                     

                                                                                                                _________________________________

                                                                                                                                Kenneth O. Stinson, Mayor

ATTEST:

___________________________

Mary O. Vice, City Clerk