The following
ordinance (the
"Ordinance"), having been
previously
introduced on May 28, 2024 and a public hearing having been held thereon on June 11, 2024 was offered for adoption by Harvey, and seconded by Dawson:
ORDINANCE NO.12,220
AN ORDINANCE ORDERING AND CALLING A SPECIAL
ELECTION TO BE HELD IN THE CITY OF MONROE, STATE OF LOUISIANA, TO AUTHORIZE THE REDEDICATION, LEVY AND COLLECTION OF A SPECIAL TAX THEREIN; MAKING
APPLICATION TO THE LOUISIANA STATE BOND COMMISSION AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Mayor and City Council, acting as of governing authority (the "Governing Authority"), of the City of Monroe, State of Louisiana (the "City"), desires to call an election (the "Election") to submit to the voters of the City a certain sales and use tax proposition, and to take all necessary actions ancillary thereto.
NOW THEREFORE, BE IT ORDAINED by this Governing Authority, that:
SECTION 1.Election Call. Subject to the approval of the Louisiana State Bond Commission (the "State Bond Commission"), and under the authority conferred by Article VI, Sections 29 and 32 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the City on Saturday, December 7, 2024, between the hours of seven oclock (7:00) a.m., and eight oclock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said electionunder the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
CITY OF MONROE,
STATE OF LOUISIANA
(1% SALES TAX EXTENSION)
Shall the City of Monroe, State of Louisiana (the "City") be authorized to extend the levy and collection of an existing sales tax of one percent (1%) (the "Sales Tax"), previously authorized at an election held on May 5, 2001 for a period of twenty-five (25) years commencing January 1, 2029 (an estimated $18,813,045 reasonably expected to be collected from the levy of the Sales Tax for an entire year), upon the sale at retail, the use, the lease or rental, the consumption, and storage for use or consumption, of tangible personal property and on sales of services in the City, with the proceeds of the Sales Tax, collected previously and in the future, to be rededicated for the purposes of acquiring, extending, improving, implementing, supporting, operating, and maintaining (i) sewers and sewerage disposal works, (ii) waterworks improvements and facilities, (iii) streets and bridges, (iv) drains and drainage facilities (v) police stations, (vi) fire stations, trucks and apparatus and (vii) public buildings and facilities (including all necessary land, equipment and furnishings for any of said public works)?
SECTION 2.Publication of Notice of Election. A Notice of Special Election shall be published in the Monroe News-Star, a newspaper of general circulation and being the official journal of the City, once a week for four (4) consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for the election, which Notice shall be substantially in the form attached hereto as Exhibit "A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3.Canvass. This Governing Authority shall meet at its regular meeting place, City Hall, Monroe, Louisiana, on January 14, 2025, at SIX O'CLOCK (6:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the results of the said election. The Governing Authority reserves the right to postpone the date and time set forth above for the canvass of the returns (without any further publication of notice of the change in the date, time and/or location).
SECTION 4.Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5.Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on December 7, 2024, as provided in Section 3 hereof. All registered voters in the City are entitled to vote at said special election and voting machines shall be used.
SECTION 6. Authorization of Authorized Representatives. The Authorized Representative (either of them acting alone) of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the Authorized Representative (either of them acting alone) of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this Ordinance shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish of Ouachita (the "Parish"), State of Louisiana (the "State"), and the Registrar of Voters in and for said Parish, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Additional Notice Requirement. This Governing Authority made the announcement with respect to the adoption of this Ordinance required by La. R.S. 42:19.1, at its public meeting on May 14, 2024 and published said announcement in the Official Journal on May 21, 2023.
SECTION 9. Employment of Counsel. It is recognized, found and determined that a real necessity exists for the employment of legal counsel in connection with the election; accordingly, Boles Shafto, LLC, Monroe, Louisiana, is hereby employed as legal counsel ("Legal Counsel") to perform comprehensive, legal and coordinate professional work with respect to the election. Legal Counsel shall (i) prepare and submit to the Governing Authority for adoption all proceedings incidental to the election; (ii) advise the Governing Authority with respect to the election; and (iii) in the event said election carries, to serve as "Bond Counsel" in connection with the funding of proceeds of the tax into Bonds. The fee to be paid Legal Counsel shall be an amount consistent with the Attorney General's then current Maximum Hourly Fee Schedule and other guidelines for comprehensive, legal and coordinate professional work, together with reimbursement of out-of-pocket expenses incurred and advanced in connection with the election, said fee to be payable by the Governing Authority subject to the Attorney General's written approval of said employment and fee, provided however that such fee shall in no event exceed $2,500.
SECTION 10. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event that election carries for further consent and authority to dedicate the proceeds of the tax, and a certified copy of this Ordinance shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
SECTION 11. Electronic Signatures. The Issuer consents and authorizes its Authorized Representative to execute any documents related to this bond issuance by electronic signature in accordance with the Louisiana Uniform Electronic Transactions Act (La. R.S. 9:2601, et seq.), and electronically executed documents are deemed binding and legal on all parties to the extent allowed by the provisions of that act.
SECTION 12. Severability. If any provision or item of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Ordinance which can be given effect without the invalid provisions, items or applications, and to this end, the provisions of this Ordinance are hereby declared to be severable.
SECTION 13.Publication of this Ordinance. A copy of this Ordinance shall be published immediately after its adoption in one issue of the official journal of the City.
SECTION 14.Effective Date. This Ordinance shall become effective immediately upon adoption hereof.
This Ordinance having been submitted to a vote, the vote thereon was as follows:
YEAS: Harvey, Ezernack & Dawson
NAYS: Woods
ABSTAIN: None
ABSENT: Marshall
And this Ordinance was declared adopted on this the 11th day of June, 2024.
/s/ Gretchen
Ezernack,
Chairman
/s/ Carolus S. Riley, Clerk
RETURNED APPROVED ON:
June 13, 2024
/s/ Friday Ellis,
Mayor
STATE OF LOUISIANA
PARISH OF OUACHITA
I, the undersigned Clerk of the City of Monroe, State of Louisiana (the "City"), do hereby certify that the foregoing pages constitute a true and correct copy of the proceedings taken by the City on June 11, 2024 with respect to:
AN ORDINANCE ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF MONROE, STATE OF LOUISIANA, TO AUTHORIZE THE REDEDICATION, LEVY AND COLLECTION OF A SPECIAL TAX THEREIN; MAKING APPLICATION TO THE LOUISIANA STATE BOND COMMISSION AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
IN FAITH WHEREOF, witness my official signature on this, the 11th day of June, 2024.
/s/ Carolus S. Riley, Clerk
6/25/2024-#10308597