OFFICIAL PROCEEDINGS
CITY OF MORGAN CITY
September 25, 2007
The Mayor and City Council of Morgan City,
Louisiana, met at 6:00 pm in regular session, this date, in the Court Room,
City Court Building, Highway 182, Morgan City, Louisiana.
There were present: Honorable Timothy Matte,
Mayor; and Council Members Larry P. Bergeron, Ron Bias, Jarrod Longman, Luke P.
Manfre, and Louis J. Tamporello, Jr.
Absent: None
Also present were Mrs. Lorrie C. Braus, Chief
Administrative Officer and Mr. Gregory Aucoin, City Attorney.
The invocation was given by Reverend Ron Bias.
Mr. Joe Harrison, addressed the council to
introduce himself as candidate for District 51 Representative and gave a
background on his qualifications.
The minutes of the meeting of August 28, 2007 meeting were submitted. There being no corrections, additions, or
deletions, a motion to approve the minutes was made by Mr. Tamporello, seconded
by Reverend Bias, and voted unanimously in favor.
Mrs. Deborah Garber, Finance Director, submitted
the following financial statement for the period ending August 31, 2007.
MONTHLY FINANCIAL
STATEMENTS
DATE: September 25, 2007
TO: Mayor and Council
FROM: Deborah Garber
RE: Comments
related to summary of revenues and expenses compared to budget for the period
ended August 31, 2007.
Attached is a summary that compares our actual
revenues and expenses to our operational budget for our major funds subject to
budgetary control for the period ending August 31, 2007. The following
comments are related thereto:
General and Ancillary Funds: Actual total
revenues are over budget by $924,000. Operating expenses are also over budget
by $128,000. The net loss, after transfers, of $574,000 creates a favorable
variance of $757,000.
Utility Fund: Actual revenues are below
budget by $882,000, with operational expenses over budget by $54,000. The net
loss, after transfers, of $1,078,000 creates an unfavorable variance of
$644,000.
Sanitation and Sewer Fund: The operating
revenues are $7,000 under budget, with total operating expenses also under
budget by $60,000. The net income, after transfers, of $618,000 leaves a
favorable variance of $355,000.
Respectfully
submitted,
/s/
Deborah Garber
Deborah
Garber
Finance
Director
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Actual Revenues and
Expenses Compared to Budget
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Period Ended August 31, 2007
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August
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August
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2007
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2007
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GENERAL
AND ANCILLARY FUNDS
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ACTUAL
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BUDGET
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VARIANCE
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REVENUES
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General Fund
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3,832,899
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3,083,774
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749,125
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Recreation Fund
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245,215
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108,153
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137,062
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Library Fund
|
19,917
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21,473
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(1,556)
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Auditorium Fund
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90,870
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96,867
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(5,997)
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Lake End Park Fund
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291,314
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246,047
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45,267
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Total Revenues
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4,480,215
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3,556,314
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923,901
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EXPENSES-OPERATIONAL
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General Fund
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5,830,725
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5,737,195
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93,530
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Recreation Fund
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622,427
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583,522
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38,905
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Library Fund
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89,434
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92,861
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(3,427)
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Auditorium Fund
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240,065
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248,753
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(8,688)
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Lake End Park Fund
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348,745
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341,012
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7,733
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Total Expenses
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7,131,396
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7,003,343
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128,053
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TRANSFERS
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Transfers from Funds
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2,732,033
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2,738,033
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(6,000)
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Transfers to Funds
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(655,021)
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(622,700)
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(32,321)
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Net Transfers
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2,077,012
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2,115,333
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(38,321)
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EXCESS NET OF TRANSFERS
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(574,169)
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(1,331,696)
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757,527
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UTILITY
FUND
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Total Revenues
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15,224,253
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16,106,478
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(882,225)
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Total Expenditures
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14,542,693
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14,488,557
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54,136
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Net Excess
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681,560
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1,617,921
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(936,361)
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Net Transfers and non-oper.
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(1,760,075)
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(2,052,000)
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291,925
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Excess net of transfers
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(1,078,515)
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(434,079)
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(644,436)
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SANITATION
AND SEWER FUND
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Total Revenues
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1,119,104
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1,126,000
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(6,896)
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Total Expenses
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1,569,784
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1,630,145
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(60,361)
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Net Excess
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(450,680)
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(504,145)
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53,465
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Net Transfers/non-
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operating expenses
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1,068,249
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767,000
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301,249
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Excess net of transfers
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and non-operating
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617,569
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262,855
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354,714
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A motion to accept the financial statement was
made by Mr. Longman, seconded by Mr. Manfre, and voted unanimously in favor.
The Finance Committee recommendations (copy on
file) were submitted, whereupon
Mr. Bergeron offered the following Resolution,
who moved for its adoption.
RESOLUTION NO. R:07-54
BE IT RESOLVED, by the City Council, the
governing authority of the City of Morgan City, that the following Finance
Committee recommendations be and the same are hereby approved:
1. Allocate
from Cemetery Fund, $2,500 for engine replacement – Cemetery vehicle
2. Allocate
from excess sales tax, $5,700.00 to replace Public Works dozar tracks
3. Allocate
from Friends of Main Street to Main Street, $4,750.00 for installment payment
to rent JumboTron for Fall Frenzy
4. Allocate
from Capital Additions and Contingencies, $15,000 for Utility Department Truck
5. Allocate
from Pollution Abatement to Sanitation and Sewer, $12,000 to purchase 90-
gallon residential garbage cans
Mr. Manfre seconded the motion.
The vote thereon was as follows:
AYES: Bergeron, Manfre, Bias,
Longman, Tamporello
NAYS: None
ABSENT: None
The resolution was therefore declared approved
and adopted this 25th day of September, 2007.
_____________________________
Timothy Matte
Mayor
ATTEST:
_____________________________
Debbie Harrington
Clerk
Mayor Matte gave a verbal LEPA report, giving
detailed information on the SWEPCO/AEP proposal to provide a 100 megawatt block
of electricity to LEPA. Matters discussed were the effects to the City’s Rodemacher
entitlement, this arrangement being beneficial to the City, time limits on the
contract, percentage the City will take, stage of the proposed capacitor,
status of the Lakeside project, etc.
The Mayor then thanked all of the City crews for
their assistance in making the Shrimp and Petroleum Festival a success.
The matter of the proposed purchase of property
bearing municipal address of 506 Freret Street (foot of the Federal Avenue down
ramp) was discussed. The Mayor advised the council that the Image commission
had been requesting the City try to improve this area and the commission
desired to locate a “Welcome” sign here. The house located on this property
had been removed and the property was now for sale at an asking price of
$10,000.00, whereupon
Mr. Bergeron
offered the following Resolution, who moved for its adoption.
RESOLUTION NO. 07-55
WHEREAS, the
City, together with the Image Commission, is continuing its efforts to “Keep
Morgan City Beautiful”, and
WHEREAS, it has
been determined that a good project to help “Keep Morgan City Beautiful”, would
be to enhance the entrances into the City, by keeping those areas landscaped
and well groomed and to install “Welcome to Morgan City” signs, and
WHEREAS, the property
located on Freret Street at the foot of the Federal Avenue down ramp,
bearing municipal address of 506 Freret
Street has become available and would
be an ideal place to establish a “green area” and locate proper signage.
NOW THEREFORE BE
IT RESOLVED by the City Council, the governing authority of the City of Morgan
City, Louisiana that the Mayor is hereby authorized to proceed forward with
negotiations to purchase this property.
Mr. Tamporello
seconded the motion.
The vote thereon
was as follows:
AYES: Bergeron,
Tamporello, Bias, Longman, Manfre
NAYS: None
ABSENT: None
The resolution
was therefore declared approved and adopted this 25th day of
September, 2007.
_____________________________
Timothy
Matte, Mayor
ATTEST:
_____________________________
Debbie Harrington, Clerk
A tabulation report on the clarifier bids was
submitted (copy on file), whereupon
Mr. Longman offered the following Resolution,
who moved for its adoption.
RESOLUTION NO. R:07-56
WHEREAS, on December 7, 2006 and on May 10, 2007, bids were received for modifications to the existing
clarifier at the Morgan City Water Treatment plant, and
WHEREAS, said bids
included equipment and labor for installation and all bids exceeded the funding
amount for this project, and
WHEREAS, it has been
determined that it would be within the best interest of the City to order the
equipment only with the City possibly performing the labor, and
WHEREAS, bids for
equipment only were received on September 12, 2007 with the only bid being
received from Infilco Degremont, Inc., in the amount of $298,000.00, and
WHEREAS, Global Design
and Solutions, Inc., engineer for the project evaluated said bid and
recommended that said bid be awarded to Infilco Degroment, Inc.
NOW THEREORE BE IT RESOLVED,
by the City Council, the governing authority of the City of Morgan City,
Louisiana, that the bid of Infilco Degremont, Inc. in the amount of $298,000.00,
for the purchase of clarifier equipment be and the same is hereby accepted and
awarded to Infilco Degrement, Inc.
BE IT FURTHER RESOLVED, etc.,
that the Mayor, be and he is hereby authorized, empowered, and directed in the
name of and on behalf of said municipal corporation, to purchase said Clarifier
Equipment, in carrying out the intent and purpose of this resolution, hereby
ratifying and confirming his act or acts in the premises.
Mr. Manfre seconded the
motion.
The vote thereon was as
follows:
AYES: Longman,
Manfre, Bergeron, Bias, Tamporello
NAYS: None
ABSENT: None
The Resolution was
therefore declared approved and adopted this 25th day of September,
2007.
___________________________________
Timothy
Matte
Mayor
ATTEST:
______________________________
Debbie Harrington
Clerk
Ms. Donna Meyer, Mark Theriot, and Richard LeJeune,
members of the “Red Ribbon Committee” addressed the council to give them a
report on the upcoming “Red Ribbon Week, whereupon
Reverend Bias offered the following Resolution,
who moved for its adoption.
RESOLUTION NO. 07-57
WHEREAS, alcohol and
other drug abuse in this nation has reached epidemic stages, and
WHEREAS, it is
imperative that visible, unified prevention education efforts by community
members be launched to eliminate the demand for drugs, and
WHEREAS, the “Red
Ribbon” has become a national symbol of opposition to drug use and alcohol
abuse, and
WHEREAS, business,
government, law enforcement, schools, religious institutions, service
organizations, youth, medical, senior citizens, military, sports teams, and
individuals will demonstrate their commitment to drug-free, healthy lifestyles
by wearing and displaying red ribbons during this week-long campaign, and
WHEREAS, the City of Morgan
City commits its resources to ensure the success of the St. Mary parish “Red
Ribbon Campaign”,
NOW THEREFORE BE IT
RESOLVED by the City Council, the governing authority of the City of Morgan
City, Louisiana that it does hereby support October 19-28, 2007 as
“RED
RIBBON WEEK AND DRUG-FREE AMERICA WEEK”
and encourages its citizens to
participate in drug awareness and drug educational activities, making a visible
statement that we are strongly committed to drug-free, healthy lifestyles.
BE IT FURTHER RESOLVED,
etc. that all citizens are encouraged to pledge to this year’s theme:
“TEAM
UP AGAINST DRUGS”
Mr. Bergeron seconded the motion.
The vote thereon was as follows:
AYES: Bias, Bergeron, Longman,
Manfred, Tamporello
NAYS: None
ABSENT: None
The resolution was therefore declared approved
and adopted this 25th day of September, 2007.
_____________________________
Timothy Matte, Mayor
ATTEST:
_____________________________
Debbie Harrington, Clerk
The annual Municipal Waste Pollution Prevention
(MWPP) was submitted (copy on file).
Longman offered the following Resolution, who
moved for its adoption.
RESOLUTION NO. R:07-58
WHEREAS, the City of Morgan
City is committed to minimizing the amount of infiltration and inflow into
the wastewater collection system and its associated impact on the design flow
of the wastewater treatment plant, and
WHEREAS, the City of
Morgan City has dedicated adequate budget funds to aggressively pursue location
of and repairs to cracked and broken pipes in the wastewater collection system,
employing both City and contract resources,
NOW THEREFORE BE IT
RESOLVED, by the City Council, the governing authority of the City of Morgan
City, that it hereby informs the Louisiana Department of Environmental
Quality that the following actions were taken by the City of Morgan City,
Louisiana.
1.
Reviewed the Municipal Water Pollution Prevention Audit Report which is
attached to this resolution.
2.
Set forth the following actions necessary to maintain permit
requirements contained in the Louisiana Pollution Discharge Elimination System
(LPDES) permit, number LA0065986:
a. Continued
mapping of the wastewater collection system to characterize and document the
size, type, and maintenance history of each main;
b. Continued
systematic surveying and investigation of sections of the collection system to
determine the extent and priority of repair efforts; and
c. Continued
repairing and/or replacement of damaged sections of the collection system.
Reverend Bias seconded the motion.
The vote thereon was as follows:
AYES: Longman, Bias, Bergeron,
Manfred, Tamporello
NAYS: None
ABSENT: None
The resolution was therefore declared approved
and adopted this 25th day of September, 2007.
______________________________
Timothy
Matte, Mayor
ATTEST:
___________________________
Debbie Harrington, Clerk
Judge Kim Stansbury addressed the council in
connection with a proposed lease between the City and the Parish space in which
to locate the juvenile services program. He advised the council that this
program was now located in the Offshore Oil Center/Hellenic Building, however
due to some new development, he would have to move these offices. The Parish
offered the second flood of its building located 1200 David Drive and the
juvenile program would not have to pay any more rent then presently paying now,
with this rent going to pay for the improvements needed.
Reverend Bias offered the following Resolution,
who moved for its adoption.
RESOLUTION NO. 07-59
WHEREAS, the City
Court’s Juvenile Program is now being housed in the Offshore Oil
Center/Hellenic Building, and
WHEREAS, this program
is being displaced due to new development where this Offshore Oil Center is now
located, and
WHEREAS, St. Mary
Parish owns the building located at 1200 David Drive and has agreed to allow
the Juvenile Program to utilize the second floor of this building, with the
rental being no more than the program is now paying, with said rent going
towards improvements that will be needed, and
WHEREAS, the monies for
this will be funded by the juvenile service program,
NOW THEREFORE BE IT
RESOLVED by the City Council, the governing authority of the City of Morgan
City, Louisiana that the Mayor be and he is hereby authorized, empowered, and
directed to execute a lease between the City and the St. Mary Parish for the
use of the second floor of the parish building, 1200 David Drive in which to
relocate its juvenile service program, contingent upon processing by the Parish
Council.
Mr. Manfre seconded the motion.
The vote thereon was as follows:
AYES: Bias, Manfred, Bergeron,
Longman, Tamporello
NAYS: None
ABSENT: None
The resolution was therefore declared approved
and adopted this 25th day of September, 2007.
_____________________________
Timothy Matte
Mayor
ATTEST:
_____________________________
Debbie Harrington
Clerk
Mayor Matte advised the council that the City
Court had presented the City a check for $100,000 from probation money.
A request for the acceptance of the Gray
Construction, Inc. contract for the Lake End Park docking facility was
submitted by Mr. Reid Miller, who stated that this project, for all purposes,
was completed and ready to be put in the lien period.
Mr. Bergeron offered
the following Resolution, who moved for its adoption.
RESOLUTION NO. R:07-60
WHEREAS, the firm of Gray Construction, Inc. has
substantially completed the work done under Contract No. R:07-25, Lake End Park
Docking Facility (50-MK2-06B--04), dated April 16, 2007, and recorded in the
mortgage records of the Parish of St. Mary, Book 1122, Entry 281520, Page 1122,
and
WHEREAS, the contractor has requested that this
work be put in the lien period, and
WHEREAS, the engineering firm of Miller Engineers
and Associates, engineers for the project have recommended acceptance of said
project as substantially complete, to begin the forty-five (45) day lien period
with the following items still remaining to be done:
1.
Install approximately 5 lin. Feet
of decking on eastern most finger pier
2.
Install aluminum decking on three
gangways
3.
Trim deck boards on north side of
main dock
4.
Install remainder
of mooring ring bolts
and
WHEREAS, this list is a tentative and may not be
all-inclusive, and the failure to include an item in said list does not alter
the responsibility of the contractor to complete all work in accordance with
the contract documents, and
WHEREAS, before final payment is made, the
engineering firm of Miller Engineers and Associates, will so certify to the
City that the project is fully complete and approve the payment of the retainage,
NOW THEREFORE BE IT RESOLVED, by the City
Council, the governing authority of the City of Morgan City, that the Mayor, is
hereby authorized, empowered, and directed to execute the “Certificate of
Substantial Completion” and that a copy of this resolution, along with said
“Certificate” be filed with the Clerk of Courts of the Parish of St. Mary to
initiate the forty-five (45) day lien period for the work done under the above
mentioned contract.
Mr. Tamporello
seconded the motion.
The vote thereon
was as follows:
AYES: Bergeron,
Tamporello, Bias Longman, Manfre
NAYS: None
ABSENT: None
The resolution
was therefore declared approved and adopted this 25th day of September,
2007.
_____________________________
Timothy
Matte
Mayor
ATTEST:
_____________________________
Debbie Harrington
Clerk
The public hearing on the proposed sign
ordinance was opened. No one appeared either for or against said ordinance,
whereupon
This ordnance was introduced with
first reading on August 28, 2007. Published by title on September 4, 2007.
Reverend Bias offered the following
ordinance, who moved for its adoption.
ORDINANCE
NUMBER 07-10
AN ORDINANCE OF THE CITY OF MORGAN CITY
AMENDING AND RE-ENACTING SECTIONS 126-156 THROUGH 126-174, OF CHAPTER 126,
ZONING, ARTICLE V, SIGN AND BILLBOARD REGULATIONS.
SECTION 1
BE IT ORDAINED, by the City Council, the
governing authority of the City of Morgan City, Louisiana, that Sections
126-156 through 126-174 of Chapter 126, Zoning, Article V, Sign and Billboard
regulations.
CHAPTER 126
ZONING
*****************************
ARTICLE V
SIGN AND BILLBOARD
REGULATIONS
Section 126-156 – Definitions
The following words, terms and
phrases, when used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Marquis sign means a freestanding sign with
either a large base or post structure which has 2 or more individual business
signs which identifies the businesses located on such property or business
center.
Neighborhood business center means a cluster of
two or more businesses located in an area of residential character.
Permanent sign means a sign which is fixed to
a base that is constructed as a placement for permanent exposure. The base may
be of solid construction (i.e. cement, metal, etc.) and shall not exceed 36” in
height from natural grade.
Sign means a name, identification, description,
display, illustration or device which is affixed to or represented directly or
indirectly upon a building, structure or land, and which directs attention to a
product, place, activity, person, institution or business
Sign, advertising means a sign or structure
which directs attention to a business, commodity, service, activity or
entertainment conducted, sold or offered. Such sign is located away from the
premises where such business, commodity, service, activity or entertainment
conducted, sold or offered, including but not limited to billboards.
Sign, business means a sign which directs
attention to a business or profession or to a commodity, service or
entertainment sold or offered upon the premises where such sign is located.
Sign, flashing means a sign on which the
illumination is intermittent or not maintained in intensity and/or color;
either the panel or border lights.
Sign, freestanding means a sign not attached to
a building but anchored in place, or mounted on a solid base, and is permanent
in nature.
Sign, hanging means a sign that is affixed to
the ceiling of a permanent covering over a public way.
Sign, illuminated means any sign illuminated by
one or more lighting devices internally or attached to and part of the surface
of the sign.
Sign, nameplate means a sign which states the
name and/or address of the profession or business on the lot where the sign is
located, and is attached to a permanent structure.
Sign, projecting means a sign that is affixed
to and extends horizontally more than 15 inches from a building, and has more
than 4 sq. ft. surface area.
Sign, surface area of means the entire area
within a single continuous perimeter enclosing the extreme limits of the actual
sign surface. It does not include any structural elements outside the limits of
such sign and not forming an integral part of the display. Only one side of a
double-face or V-type sign structure shall be used in computing total surface
area.
Sign, temporary means a mobile or portable sign
not intended for permanent use.
Sign, wall means a sign that is affixed to and does
not project more than 15 inches from a building.
Section 126-157 – General
Restrictions
The following regulations shall
apply to signs in all zoning districts of the city unless otherwise provided
for elsewhere in this article:
(1) No sign shall be erected as to prevent
free ingress or egress from any door, window or fire escape; and no sign of any
kind shall be attached to or impede access to a standpipe, fire escape or
sprinkler system.
(2) No sign shall be erected on public
property at any time or at the intersection of any streets in such manner as to
obstruct free and clear vision or at any location where, by reason of position,
it may interfere with or obstruct the view of traffic sight lines or traffic
control devices. However, where allowed in the zoned district, a sign is
permitted at a street intersection provided the pole on which it is mounted
does not exceed 12 inches in diameter, the sign is set back at least five feet
from the property lines fronting on the respective street and provided further
that the lowest extremity of the sign is at least 15 feet above ground level.
The sign post or base may exceed 12” in diameter dependant upon the setback
location and must be approved by the building department.
(3) Lighting devices on signs may extend
not more than 72 inches over public or private property provided the lowest
part of such device is at least 15 feet above the finished grade.
(4) Projecting signs may extend not more
than 72 inches over public or private property but in no event closer than one
foot from the curblines, and the bottom of which shall be at least ten feet
above the finished grade of the sidewalk. For the purposes of this article, any
sign hanging from a projecting roof shall be considered a projecting sign and
shall be limited to a maximum length of six feet; however, such sign shall not
exceed the bounds of the roof projection.
(5) The illumination of any sign within 50
feet of and facing a residential district line shall be diffused or indirect
and designed to prevent direct rays of light from shining into adjoining residential
districts. Neon signs and plastic face signs with interior lighting are
considered diffused or indirectly lighted signs. In no event shall flashing or
intermittent illumination be permitted where the sign faces directly into and
is nearer than 300 feet to dwellings in a residential district.
(6) Temporary Signs:
a. Temporary signs indicating an
event of public interest, such as a state or local fair, a cattle or horse
show, etc., may be erected with size restrictions limited to the district in
which the temporary signs are located.
b. Temporary signs
for the purpose of advertising political candidates or issues, for which an
election date has been legally established, shall be permitted in all zoned
districts. In districts zoned residential and business, such signs shall not
exceed 48 inches by 48 inches, and shall not be displayed earlier than 60 days
prior to the date of the election. All such signs shall be removed within 48
hours after they are no longer valid and shall be exempt from permit fees and
deposit requirements.
c. Temporary signs
no larger than two feet by two feet advertising seasonal sales of fresh produce
or seafood products in connection with a home or cottage business may be
erected. Garage sale signs in a residential district shall be allowed but shall
be no larger than 24 inches by 24 inches. These signs are exempt from
permit fees.
d. Real Estate sales signs used
for the sale or lease of property by legitimate Real Estate sales businesses,
may be placed on neutral ground property for the duration of the sale and shall
be removed once the property is sold or leased. Signs shall be at least 5’
from street curb. Such signs may not be placed as to obstruct free and clear
vision of any traffic on roadways or entrance/exit drives. Signs in
residential areas shall be no larger than 24 inches by 24 inches. Signs in
commercial, business or industrial districts shall be no larger than 48 inches
by 48 inches. The sign must be made of typical quality sign material such as cor-plas,
wood, etc., and shall not be buried in such a manner to jeopardize utility
services.
e. Garage, Yard, or any other
type of personal items sale signs are allowed to be placed on neutral ground
and public ground areas 24 hours prior to said sale and shall be removed
immediately after sale is over. Any sign that is found to be left abandoned
will be picked up by the city, and the property owner of the sale will be
charged a $25.00 fee per sign up to (4) signs.
(7) Whenever a sign becomes structurally
unsafe or endangers the safety of a business or premises, or endangers the
public safety, the building inspector or zoning director shall give written
notice to the owners of the sign or the owner of the premises on which the sign
is located that such sign be made safe or removed within ten days.
(8) Any business or outdoor advertising
sign legally existing prior to August 20, 1985, and which does not conform to
these provisions shall not be altered or changed in overall dimensions except
to conform to the provisions of this article. If damages occur to an extent in
excess of half its current replacement value, it shall not be rebuilt;
provided, that nothing contained in this subsection shall be construed to
prevent normal maintenance and repairs, repainting or posting of such signs or
structures.
(9) All business and advertising signs must
be attached to or located on private property. Temporary business use signs
are limited to (4) per business and are subject to permitting as per the district
use regulations.
(10) To provide reasonable flexibility in
these regulations, the board of adjustment may approve an application for a
sign which may not conform with the provisions of the zoning district in which
it is located, where the location, size or addition would not be inconsistent
with the character of the area or neighborhood in which such sign or structure
is to be located.
(11) No revolving and/or flashing device or
sign of any kind or color is permitted which may be mistaken for that of a
police car, ambulance or other emergency vehicle.
(12) If located within direct vision of
traffic control devices, no flashing or intermittent red, green or amber
illumination shall be used.
(13) Business use of temporary signs shall
be allowed only to indicate an event, activity, product sale or other business
use which is temporary in nature. Such signs will not be illuminated or
flashing and may be used in an area only where business signs are permitted. A
permit fee per sign will be required; and the time limit for use of a temporary
sign shall be 30 days, the fee being as prescribed by section 126-166.
(14) All signs must be constructed of
material normally used in construction of signs, including but not limited to
bricks, masonry, stone, pipes, tubing, plastic and other recognized building
materials. All nonrecognizable building materials, including but not limited to
vehicles, vehicular parts, appliances, plumbing fixtures and boats, are
prohibited.
(15) External lighting, such as floodlights,
thin line and gooseneck reflectors, are permitted, provided the light source is
directed on the face of the sign and is effectively shielded so as to prevent
beams or rays of light from being directed into any portion of a traveled way.
(16) Signs which are obsolete signs, not
meeting construction standards, out-of-date political signs, signs advertising
defunct businesses, signs that are temporary or mobile in nature, except as
allowed in this section, and those which have been erected without a building
permit are prohibited.
(17) Signs which are illegal under state
law or regulations are prohibited.
(18) Signs which are erected or maintained
upon trees or painted or drawn upon rocks or other natural features are
prohibited.
(19) No sign shall be erected within, or
extend upon, into or over a public utility easement. No sign shall be attached
in any manner to any public property.
Section 126-158 – Signs in R-1A, R-1B, R-1C, R-2,
R-3 and R-4 Residential Districts
Signs in R-1A, R-1B, R-1C, R-2, R-3 and R-4 districts are
permitted subject to the following regulations:
(1) A sign not exceeding two square feet in
area, giving the name and/or address only of the land or building on which the
sign is displayed or that of the owner or lessee.
(2) A sign pertaining to the lease or sale
of a building or property provided such sign shall meet the criteria of Sec
126-157 6(d), and such signs shall be unilluminated.
(3) Temporary signs for one year
advertising new subdivision development of five lots or more, provided such
signs do not exceed 300 square feet in surface area, are no more than 15 and
not less than two feet above ground, advertising only the development in which
they are located, and are erected only at dedicated street entrances to the new
subdivision.
(4) One unilluminated sign identifying an
engineer, architect or contractor engaged in the construction of a building,
provided such sign shall not exceed 32 square feet in surface area, is not more
than 15 feet or less than two feet above ground, and is removed within 30 days
following occupancy of the building.
(5) Two identification signs, not to exceed
50 square feet each, for the following uses: Church, school, hospital, library,
farm, park, subdivision, authorized businesses or similar uses. Such signs
shall be solely for the purpose of displaying the name of the institution or
authorized business use and its activities or services. It may be illuminated
but not flashing. Both sides may be used with same information on each side.
(6) Directional signs not to exceed two
square feet in surface area for the following uses: church, school, hospital,
library, sanitarium, clinic or similar use, providing that each shall be
limited to one such sign per major thoroughfare approach. No such sign shall be
permitted on minor residential streets.
(7) One sign for a dwelling group of four
or more units not exceeding five square feet in surface area. Such signs may
indicate the names and addresses of the buildings or it may be a directory for
occupants.
(8) All temporary business use signs shall
not exceed 18 square feet in area.
(9) All other signs not specifically authorized in
residential districts are prohibited except as provided by section 126-157(6).
Section 126-159 – Signs in B-2, B-3 and P
Districts
Signs in B-2, B-3 and P districts are permitted subject to
the following regulations: Sign limitations in section 126-158 shall apply in
the R-4 residential area except for signs in neighborhood business centers and individual
business signs, which are governed by sections 126-160 and 126-161.
Section 126-160 – Signs in Neighborhood Business
Centers
Signs in neighborhood business centers are permitted subject
to the following regulations:
(1) A freestanding sign may be erected
subject to the following:
a. Content. Such sign, which
may be in sections, shall advertise only the name and location of the center
and the name and type of business of each occupant of the center.
b. Area. The surface area of
the sign in square feet shall not exceed the linear foot frontage of the
business center site.
c. Setback. Such sign shall be
set back a minimum of 15 feet from the front property line of the center.
d. Height. No sign shall
project higher than 30 feet above curb level.
(2) In addition to the freestanding sign in
subsection (1) of this section, each business or user within a neighborhood
business center may erect a wall or projecting sign subject to the following:
a. Content. Such sign, which may
be in sections, shall advertise only the name and type of business within.
b. Area. The surface area of
the sign shall not exceed 32 square feet.
Section 126-161 – Individual Business Signs
An individual business which is not part of a neighborhood
business center may erect a single sign subject to the following:
(1) Content. Such sign, which
may be in sections, shall advertise only the name and type of business within.
(2) Area. The surface area of
the sign shall not exceed 32 square feet.
(3) Installation. Such sign
may be painted on, attached flat against the building, may be freestanding, or
may project out from the building; but such projection may not exceed 48
inches. In the case of projecting signs, an eight-foot minimum clearance from
the sidewalk or public way to the lowest extremity of the sign is
required.
Section 126-162 – Signs in the C Commercial
District.
In the C district, signs are permitted subject to the
following regulations:
(1) All signs permitted in the R, B-1 and
B-2 zones.
(2) Freestanding business signs are
permitted on individual business sites (not part of shopping centers) within
one foot of the property line provided such signs do not interfere with power
lines or other utility systems.
(3) The total surface area of all business
signs on a building and/or lot shall not exceed 250 square feet or the sum of
four square feet for each linear foot of lot frontage, whichever is the
greater.
(4) Each integrated shopping center may
have one freestanding identification sign for each street frontage, set back at
least 20 feet from the front property line and announcing the name of the
shopping center, the hours of business, names and types of business occupants,
and changeable attraction letter boards.
Section 126-163 – Signs in the H Industrial
District
In the H district, signs are permitted subject to the
following regulations:
(1) All signs permitted in the residential,
business and commercial classifications.
(2) The total surface area of a business
sign or signs on a building or lot shall not exceed five square feet for each
lineal foot of lot frontage.
Section 126-164 – Signs in the B-1
Business District.
In the B-1 district, signs are permitted subject to the
following regulations:
(1) Such signs may advertise only the name
and field of specialty of the practitioner and/or the name and/or address of
the building from which the practice is conducted.
(2) A building containing offices or shops
may be identified by no more than two signs. Only one sign shall be displayed
on any given side of the building. These signs shall not be freestanding, and
neither sign shall exceed eight square feet in area.
(3) Signs for other businesses located in
this district shall not be freestanding signs and shall not exceed 32 square
feet in surface area.
Section 126-165 – Sign permit; Applications
All applications for a sign permit shall contain the
following information and such other information as may be required by the
building inspector:
(1) Name, mailing address and telephone
number of the applicant.
(2) Purpose of the sign.
(3) Street location where the sign is to be
located.
(4) Estimated length of time the sign is to
be at the proposed location.
(5) Site plan depicting the location of the
sign from the front and side of property lines.
(6) Linear feet along the front property
line.
(7) The number of and location of all
freestanding signs on the property.
(8) Plans showing all sign specifications
and dimensions such as size, number of sign faces, square footage of sign
faces, height to the top of the sign above curb level, height to the lowest
extremity of the sign face above ground level and the materials to be utilized
for construction.
(9) The electrical specifications.
(10) Outdoor advertising sign permit
applications must provide information detailing the distance in linear feet
measured along the applicable thoroughfare to the nearest junior panel sign,
standard panel sign and painted bulletin sign.
Section 126-166 – Sign Permits and
Fees Required
Fees for sign permits and deposits shall be charged as
follows:
(1) Signs.
a. Freestanding signs: permit-- $50.00.
b. Temporary signs for business use:
permit--$25.00
(2) Advertising signs.
a. Junior panel sign: permit--$50.00.
b. Standard poster panel sign: permit--$75.00.
c. Painted bulletin sign: permit--$100.00
(3) Registration of advertising signs.
The fee for registering all advertising signs as required by section 126-171
will be $25.00, regardless of size.
Section 126-167 – Advertising Signs; Maximum
sizes; Permitted Locations.
(a) Advertising signs and their respective
maximum sizes are as follows:
(1) Junior panel sign. An
advertising sign with the sign face, including border and trim, ranging from
one square foot to 72 square feet in area.
(2) Standard poster panel sign.
An advertising sign with sign face, including border and trim, greater than 72
square feet, but not exceeding 400 square feet in area.
(3) Painted bulletin sign. An
advertising sign with the sign face, including border and trim, greater than
400 square feet, but not exceeding 700 square feet in area.
(b) Outdoor advertising shall be permitted
in only C and H zones except as otherwise provided in other sections of this
article. All signs shall be located on private property with the sign set back
from the property line a minimum of two feet.
(c) The maximum area of an outdoor
advertising sign shall be 700 square feet in each direction. No sign shall
exceed two sign faces when viewed from one direction.
Section 126-168 – Minimum Spacing
Requirements for Advertising Signs; No
Obstruction to Traffic
Control Signals
For the purpose of spacing each side of a two-lane
thoroughfare shall be considered together, and each side of a four-lane
thoroughfare shall be considered separately with the following spacing
requirements:
(1) A junior panel sign shall be located no
closer than 500 linear feet, measured along a thoroughfare, to any other junior
panel sign, standard poster panel sign or painted bulletin sign.
(2) A standard poster panel sign shall be
located no closer than 500 linear feet, measured along a thoroughfare, to any
other junior panel sign, standard poster panel sign or painted bulletin sign.
(3) A painted bulletin sign shall be
located no closer than 500 linear feet, measured along a thoroughfare, to any
junior panel sign or any standard poster panel structure, and shall be located
no closer than 1,500 linear feet, measured along a thoroughfare, to any other
painted bulletin sign.
(4) No outdoor advertising sign, except
those located in a C commercial district along and adjacent to U.S. Highway 90,
as such highway is located on August 20, 1985, shall be located closer than 500
linear feet measured in a direct line to any residential district line.
(5) No outdoor advertising sign may be
located in such a manner as to prevent the driver from having a clear,
unobstructed view of traffic signs and approaching, merging or intersecting
traffic and driveways; nor shall any advertising sign be permitted to project
into the direct line of vision of any official traffic control signal, from any
point in a moving lane of a highway or street.
Section 126-169 – Maximum Height
Permitted for Advertising Signs
The maximum height of any outdoor advertising sign located
along a graded road shall be 50 feet, measured from the normal ground level or
the crown of the graded road, whichever is higher. The maximum height of any
outdoor advertising sign located along an elevated roadway, its entrance or
exit ramps, or an area not in reference to a graded roadway shall be 50 feet
measured from the normal ground level.
Section 126-170 – Preexisting Nonconforming
Advertising Signs
(a) All existing permanent advertising
signs which were legally erected but are nonconforming according to the
provisions of this article shall be discontinued and removed within ten years
of the effective date of Ordinance No. 85-12 and after receiving notice as
stated in subsection (c) of this section.
(b) No nonconforming advertising sign shall
be enlarged or extended whatsoever.
(c) At the end of ten years from the
effective date of Ordinance No. 85-12, the owner of any permanent outdoor advertising
which was legally erected but which is not in conformity with the requirements
of this article shall be notified by the building inspector by certified mail
to commence removal of such outdoor advertising sign within 30 days of the date
of the notice, with the removal to be completed within 60 days. If at the end
of this 60-day time period allotted for removal of the advertising sign the
owner fails to remove the sign, the city shall enter upon the property
whereupon the sign is located and dismantle and remove the sign from the
premises at the risk of the sign owner, to store the sign, and collect from the
sign owner the cost of dismantling, removing, transporting and storing the
sign.
Section 126-171 – Preexisting Outdoor Advertising
Signs; Registration
All outdoor advertising signs existing prior to August 20, 1985, shall be registered at the office of the building inspector. This
registration will be required to establish ownership, legality and to certify
that the advertising sign was constructed prior to the adoption of this
article. The registration will contain the same information as the sign permit,
and a fee as provided in section 126-166 will be charged for such registration.
Section 126-172 – Substandard Signs; Removal
(a) Those signs in the categories described
in this subsection (a)(1) through (3) shall be removed within 30 days of the
date that such sign deteriorates or is damaged as follows:
(1) A nonconforming sign which becomes a
safety hazard or dangerous under any applicable ordinance and for which the
cost of placing such sign in lawful compliance with the applicable ordinance
exceeds 50 percent of the value of the damaged or deteriorated sign;
(2) A nonconforming sign damaged in any
manner and from any cause whatsoever to the extent of more than 50 percent of
the value of the damaged or deteriorated sign; or
(3) A nonconforming sign which is not
maintained in a state of good repair.
(4) Structures which are not securely affixed on a
substantial structure
(b) The building inspector shall serve 30
days' notice, by certified mail with return receipt, to the owner of such
substandard sign to remove the sign. If the owner of an unlawful sign fails or
refuses to remove the sign after the 30 days' notice from the city, the city
shall enter upon the property whereupon the sign is located and dismantle and
remove the unlawful sign from the premises at the risk of the sign owner, to
store the sign, and to collect from the sign owner the cost of dismantling,
removing, transporting and storing the sign.
Section 126-173 – Enforcement of Unlawful Signs
(a) Unlawful signs shall be any sign,
display or device which violates the provisions of this article. The building
inspector shall give 30 days' notice, by certified mail with return receipt, to
the owner of such sign to remove the sign if it is a prohibited sign, or cause
it to conform to the regulations if it is an authorized sign.
(b) If the owner of an unlawful sign fails
or refuses to remove or conform the sign to this chapter after the 30 days'
notice from the building inspector, the city shall enter upon the property
whereupon the sign is located and dismantle and remove the unlawful sign from
the premises at the risk of the sign owner, to store the sign, and to collect
from the owner the cost of dismantling, removing, transporting and storing the
sign.
Section 126-174 – Penalties
Any violation of this article shall subject the offender to
a total removal of all signs for a minimal period of one year and such other punishment
as the court may determine in accordance with section 1-13.
SECTION 2
Should any section, paragraph, sentence, clause,
or phrase be declared unconstitutional or repealed for any reason, the
remainder of the ordinance shall not be affected hereby. That all laws or
parts of laws in conflict with this ordinance be and the same are hereby
repealed. This ordinance shall take effect immediately after its passage
within the time prescribed by law.
Mr. Longman seconded the motion.
The vote thereon was as follows:
AYES: Bias, Longman, Bergeron,
Manfred, Tamporello
NAYS: None
ABSENT: None
Certified approved and adopted this 25th day of September,
2007.
Delivered to Mayor Matte at 8:30 am this 27th
day of September, 2007.
/s/
Debbie Harrington____________
Debbie
Harrington
Clerk
Approved this 27th day of September,,
2007.
/s/
Timothy Matte_______________
Timothy
Matte
Mayor
Received from Mayor at 8:35 am on September 27, 2007.
/s/
Debbie Harrington____________
Debbie
Harrington
Clerk
Published: October 2, 2007
The public hearing on the proposed permit and
inspection fee ordinance was opened. No one appeared either for or against
said ordinance, whereupon
This ordinance
was introduced with first reading on <