keith kishbuagh lsth judicial district court ... - the current

KEITH KISHBUAGH * lSTH JUDICIAL DISTRICT COURT * * DOCKET NO. 2019-2137 "A"

VERSUS * * PARISHOFLAFAYETTE

* CITY OF LAFAYETTE, ET AL. * STATE OF LOUISIANA ****************************************************

PETITION OF INTERVENTION

The Petition of Intervention of Counsel for Intervenors, DEBORAH AMY, DENNIS

SULLIVAN, BRUCE SAWVEL, JANE SAWVEL, HAROLD BERNARD, JR., and DANIEL

GILLANE, through undersigned counsel, respectfully represents:

PETITIONERS

1.

Petitioners herein are:

(a) DEBORAH AMY and DENNIS SULLIVAN, husband and wife, both natural persons of the full age of majority, domiciled in the Parish of Lafayette, State of Louisiana, at 1225 St. John Street, Lafayette, LA 70506, the same address at which they are, and at all times pertinent hereto were, registered to vote;

(b) BRUCE SA WVEL and JANE SA WVEL, husband and wife, both natural persons of the full age of majority, domiciled in the Parish of Lafayette, State of Louisiana, at 221 Dureath Street, Lafayette, LA 70506, the same address at which they are, and at all times pertinent hereto were, registered to vote;

( c) HAROLD BERNARD, a natural person of the full age of majority, domiciled in the Parish of Lafayette, State of Louisiana, at 307 Cherry Street, Lafayette, LA 70506, the same address at which he is, and at all times pertinent hereto was, registered to vote; and

(d) DANIEL GILLANE, a natural person of the full age of majority, domiciled in the Parish of Lafayette, State of Louisiana, at 203 Dunreath Street, Lafayette, LA 70506, the same address at which he is, and af all times pertinent hereto was, registered to vote.

2.

Each of your Petitioners has a justiciable interest in, and connexity to, the principal

action, and each of their interest is so related or connected to the facts and/or object of the

principal action that a judgment on the principal action will have a direct impact on each of their

rights.

3.

More particularly, each Petitioner is an elector of the City of Lafayette and Parish of

Lafayette, domiciled and registered to vote in Precinct 74, and was so domiciled as of the

December 8, 2018 election at which, among other things, the electors of the City of Lafayette

and Parish of Lafayette were presented with a proposition to amend the Lafayette City-Parish

Petition of Intervention Page I of 14

Home Rule Charter (the "Charter") to separate the existing Lafayette City-Parish Council into

independent City and Parish Councils.

4.

At the said December 8, 2018 election, Petitioners voted "YES" to approve the Charter

amendments, as did a majority of the electors of the City and Parish of Lafayette and seventy-six

(76%) percent of the electors voting at Precinct 74.

5.

The outcome of the proceeding will affect each of the Petitioners' voting rights.

INTERVENTION

6.

Made defendants in intervention are ( 1) Keith Kishbaugh, a natural person of the full age

of majority and domiciliary of the Parish of Lafayette, State of Louisiana; and (2) Kyle Ardoin,

in his official capacity as Secretary of State of the State of Louisiana.

7.

Pursuant to LSA-C.C.P. art. 1091, Petitioners herein join defendants City of Lafayette,

Parish of Lafayette, and Lafayette City-Parish Consolidated Government ("Principal

Defendants") in resisting the principal demand of Keith Kishbaugh ("Principal Plaintiff') and

the interventional demand of Kyle Ardoin, in his official capacity as Secretary of State of the

State of Louisiana (the "Plaintiff in Intervention").1

8.

Principal Plaintiffs ultimate aim is to overturn the democractic will of the electors of

Lafayette Parish:

"I'm hoping to fix the fix and have things revert back to where they were prior to the December election," [Keith Kishbaugh] said. "I'd like to see it done properly, in a gubernatorial election instead of three weeks before Christmas with a low voter turnout election."2

9.

Petitioners further intervene seeking declarative relief in the form of a judgment declaring

that any clerical and/or typographical errors in the textual descriptions of Lafayette City Council

districts within the Lafayette City-Parish Home Rule Charter (the "Charter"), as amended, be

1 Both Principal Plaintiff and Plaintiff in Intervention seek, by their respective actions, to undermine and overturn the democratic will of the citizen electors of Lafayette Parish.

2 Claire Taylor, Lawsuit seeks new vote on charter changes, THE ACAD!ANA ADVOCATE, April 6, 2019, at Al .

Petition of Intervention of14

disregarded, and that the districts adopted by the Lafayette City-Parish Council by reference at

its August 7, 2018 meeting be declared the official City Council Districts in all respects.

10.

Petitioners further intervene seeking declarative relief that the reapportionment of the

City Council Districts and Parish Council Districts adopted by the Lafayette City-Parish Council

on March 26, 2019 is a legal, valid and authorized act, and that the districts reapportioned by

virtue thereof shall be the official City Council Districts and Parish Council Districts in all

respects; or, in the alternative, that any portions of the Charter which are legally and/or

constitutionally infirm be stricken.

THE CHARTER

11.

In 1992, the electors of the City of Lafayette and Lafayette Parish voted to adopt the

Charter, which consolidated the governmental functions of the City and Parish.

12.

The Charter abolished the Lafayette City Council and the Lafayette Parish Council and

created the Lafayette City-Parish Council, which currently operates as the governing authority of

both the City and Parish of Lafayette.

13.

The Charter became effective in 1996.

14.

The City-Parish Council is comprised of individuals elected from nine single-member

districts across Lafayette Parish. The City-Parish Council has full legislative control relative to

the City of Lafayette and to the Parish of Lafayette such that eight (8) of the nine (9) Council

members must represent City and Parish constituents whose interests are frequently opposed.

15.

On August 7, 2018, the Lafayette City-Parish Council adopted Ordinance No. 0-121-

2018, a certified copy of which is attached hereto as Exhibit A and incorporated herein by

reference (the "Charter Ordinance"). The Charter Ordinance proposed certain amendments to


the Charter, including abolition of the Lafayette City-Parish Council and replacement thereof by

separate City and Parish Councils.3

16.

Attached to the Charter Ordinance was a draft of the Charter with the proposed

amendments incorporated therein, a copy of such attachment being included as part of Exhibit A,

attached hereto and incorporated herein by reference.

17.

On August 7, 2018, at an open meeting in legal session convened, the Lafayette City-

Parish Council amended the Charter Ordinance and the attached draft amended Charter exhibit

to, among other things, "revise[] descriptions of City Council districts to match most current City

Council five-district map." A certified copy of the minutes of the meeting is attached hereto as

Exhibit B (the "Minutes").

18.

A copy of the referenced "most current City Council five-district map" is attached hereto

as Exhibit C and incorporated herein by reference (the "City Council District Map").

19.

The City Council District Map was posted on the official website of the Lafayette City-

Parish Consolidated Government, disseminated to local media outlets, and used by voters as the

central point of reference to review the proposed Lafayette City Council districts.

20.

Also on August 7, 2018, as a companion to the Charter Ordinance, the City-Parish

Council adopted Resolution No. R-055-2018, a certified copy of which is attached hereto as

Exhibit D and incorporated herein by reference (the "Amendment Resolution"), by which the

Lafayette City-Parish Council ordered and called a special election to amend the Charter.

21.

As set forth in the Amendment Resolution, the language appearing on the December 8,

2018 ballot proposition relative to the Charter amendments read as follows:

Shall the Lafayette City-Parish Consolidated Government Home Rule Charter be amended to: abolish City-Parish Council, create the Lafayette City Council and Lafayette Parish Council, as governing authority for Lafayette City-Parish Consolidated Government; establish as governing authority, City Council for City of Lafayette and Parish Council for Parish of Lafayette; apply term limits of

3 The intent of the Charter Ordinance was, in large part, to return autonomy and self-governance to the City of Lafayette.


current City-Parish Council members to new City Council and Parish Council; abolish Lafayette Public Utilities Authority, establish Lafayette City Council as governing authority of Utilities Department and Lafayette Public Power Authority; establish any proposal for management of substantial part of utility system be approved by vote of electors of City of Lafayette at election called for that purpose by two-thirds vote of Lafayette City Council; grant eligibility to acting Mayor-President or Council member for election to that position; abolish Lafayette City-Parish Planning and Zoning Commission, establish City Planning and Zoning Commission and Parish Planning and Zoning Commission; change method of nomination of prospective appointees to Lafayette Municipal Civil Service Board; change method of counting required percentages of voters for initiative or referendum petition and commencement of recall process; change method of counting number of votes necessary to amend the Lafayette City-Parish Consolidated Government Home Rule Charter?

22.

The December 8, 20 l 8 election was called, conducted, examined and declared in

accordance with applicable law. The election was not timely challenged prior to expiration of

the preemptive period for challenging proposition elections under LSA-R.S. 18: 1405(D).

23.

On December 18, 2018, by Resolution No. R-084-2018, a certified copy of which is

attached hereto as Exhibit E and incorporated herein by reference (the "Canvas Resolution"),

the City-Parish Council proceeded in open and public session to examine the official tabulations

of votes cast at the December 8, 2018 election and to examine and canvas the returns and declare

the result of the election, to-wit: that the proposition to amend the Charter passed with 18,569

votes cast in favor and 16,155 votes cast against.

24.

Section 8-09 of the Charter, which is substantively identical to Section 8-09 of the

amended Charter, states:

This charter shall be liberally construed in aid of its declared intent which is to establish for the people of the Lafayette City-Parish Consolidated Government effective home rule free from legislative interference as to the structure and organization of its local government, and with the power and authority to manage its local affairs, all as contemplated and intended by the provisions of Article VI, Sections 5 and 6 of the constitution.

25.

Section 8-12 of the Charter, as amended, states:

If approved by the voters, the amendments to this charter shall not take effect until the date that a majority of the newly elected City Council members and a majority of the newly elected Parish Council members officially take office, except for those amendments to this charter that are necessary to carry out the election of City Council positions and Parish Council positions created by said amendments.


THE CITY COUNCIL DISTRICTS

26.

Descriptions of new districts for the Lafayette Parish Council and Lafayette City Council

districts were incorporated into the draft Charter attached to and made a part of the Charter

Ordinance as Section 8-0 I thereof.

27.

As noted above in paragraph 17 hereof, the intent of the Council in adopting Section 8-0 I

was that it would reflect the City Council District Map.

28.

Contrary to the Charter Ordinance adopted by the Lafayette City-Parish Council,

amended as set forth in paragraph 17 hereof, the textual descriptions of certain of the newly

created Lafayette City Council districts contained clerical and/or typographical errors which

deviated from the City Council District Maps in certain respects.

29.

Consequentially, some of the clerical and/or typographical errors in the textual

descriptions of the newly created Lafayette City Council Districts resulted in the unintended

exclusion of several electors of the City of Lafayette, including Petitioners, from within the

boundary of any City Council district, and the unintended inclusion of certain others in more

than one City Council district.

30.

When the error was discovered and reported publicly sometime in February 2019, state

and local public officials offered competing solutions, ranging from a reapportionment of the

districts by local ordinance to the annulment of the December 8, 2018 election in its entirety.

31.

On or about March 10, 2019, the Lafayette City-Parish Attorney advised the Lafayette

City-Parish Council that "reapportionment by ordinance to address any and all discrepancies,

errors, and omissions in the council election districts is the only appropriate and proper solution

to correct the issue at hand. "4

32.

More particularly, the Lafayette City-Parish Attorney opined as follows:

4 Paul D. Escott, et al., LCG Council Election District Reapportionment, Lafayette City-Parish Consolidated Government Legal Department Memorandum, March 10, 2019.


• Section 8-09 of the Charter requires that the Charter "shall be liberally construed in aid of its declared intent which is to establish for the people . . . effective home rule free from legislative interference as to the structure and organization of its local government, and with the power and authority to manage its local affairs . . .. "

• The "lynchpin" of the analysis as to whether the erroneous descriptions of the Lafayette City Council districts and Lafayette Parish Council districts is Section 8-01 of the Charter, as amended, which declares that the council election districts listed therein "shall be as follows, and shall remain as follows until changed by reapportionment . .. . "

• The Charter provides for reapportionment by ordinance.

• The Charter treats as separate and distinct an ordinance to reapportion council election districts and an ordinance to propose amendments to the Charter.

• Both LSA-R.S. 33:1371 and 33:1411 provide that reapportionment shall be done by ordinance and, in La. Op. Att'y Gen. No. 82-386 (June 30, 1982), the Attorney General opined that reapportionment "may not be determined by referendum."

• Although Section 2-02 of the Charter contemplates reapportionment "following official publication of the federal census . .. ," and is silent on whether reapportionment can be accomplished between censuses, the Attorney General has opined, in La. Op. Att'y Gen. No. 85-653 (September 19, 1985), that LSA-R.S. 33:1371and33:1411, analogous state statutes which authorize reapportionment within specified time periods following a decennial census but are similarly silent on reapportionment between censuses, do not prohibit between-census reapportionment.

• LCG has routinely reapportioned council election districts on multiple occasions (notwithstanding that council election districts have always been described within the Charter), including by Ordinance No. 0 -034-2002, adopted February 26, 2002, which was not adopted in response to a census.

• Ordinance No. 0-034-2002 expressly recognized the authority of LCG to revise and change descriptions as necessary to properly describe reapportioned council election districts, stating: "[T]he Legal Department is authorized to make whatever technical changes are necessary in and to any legal descriptions so that those legal descriptions will adequately describe the Lafayette City-Parish Council Districts, as reapportioned . . . . "

• Under the Charter, at least one year must lapse from the passage or rejection of a proposal by the voters before the same issue can be submitted to the voters again, and, accordingly, the Charter would prohibit the calling of a second election to address the precincts before December 8, 2019. 5

33.

On March 12, 2019, at an open meeting m legal session convened the City-Parish

Council approved the introduction of Ordinance No. 0-042-2019, a copy of which is attached

hereto as Exhibit F and made a part hereof by reference (the "Reapportionment Ordinance"),

to reapportion the Lafayette City Council and Lafayette Parish Council districts with equitable

5 Id.


territorial limits and boundaries and to designate said Council districts in accordance with the

reapportionment plan described in Exhibit A attached to the Reapportionment Ordinance.

34.

On or about March 25, 2019, Louisiana State Senator Bob Hensgens requested an

opinion of Louisiana Attorney General Jeff Landry as to the authority of the Lafayette City

Parish Council to reapportion the City Council and Parish Council districts by ordinance.

35.

On March 26, 2019, the Attorney General released Opinion 19-0033, asserting that: (i)

the Charter established mandatory council election districts for the initial election of Lafayette

City Council members and Parish Council members; (ii) because the districts are mandatory,

they can be modified only by amendment to the Charter; and (iii) pursuant to LSA-Const. art. VI,

§5(C) and Section 7-03 of the Charter, any amendment to the Charter requires the approval of

the majority of the electors voting thereof at an election held for that purpose.

36.

In support of his opinion, the Attorney General relied almost entirely on Sections 8-01

and 8-13 of the amended Charter, which provide, respectively, that "Council Districts for the

election of the first City Council members and Parish Council members for the elections

authorized by Section I 3(D) of this charter shall be as follows, and shall remain as follows until

changed by reapportionment," and that "the first election for City Council members and Parish

Council members whose positions are established by the amendments to this charter shall be held

at the same time as the primary and general elections for the election of governor in 2019."

37.

Ultimately, the Attorney General opined that "any changes in district boundaries for

purposes of the first election of council members under the amended Charter may be made only

by further amendment to the Charter. Such changes cannot be made by ordinance of the

governing body." The Attorney General opinion did not address the provision of the charter

amendment that provided for the district boundaries ''until changed by reapportionment".

38.

On March 26, 2019, the City-Parish Council adopted the Reapportionment Ordinance,

which reapportioned the Lafayette City Council and Lafayette Parish Council districts with

equitable territorial limits and boundaries and to designate said Council districts in accordance


with the reapportionment plan described m Exhibit A attached to the Reapportionment

Ordinance.

DECLARATORY JUDGMENT

39.

Article 1871 of the Louisiana Code of Civil Procedure establishes that "[c]ourts of record

within their respective jurisdictions may declare rights, status, and other legal relations whether

or not further relief is or could be claimed."

40.

Article 1872 of the Louisiana Code of Civil Procedure provides that "[a] person . .

whose rights, status, or other legal relations are affected by a statute, municipal ordinance,

contract or franchise, may have determined any question of construction or validity arising under

the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status,

or other legal relations thereunder."

41.

Petitioners are electors of the City of Lafayette, who voted to create a Lafayette City

Council comprised exclusively of residents and taxpayers of the City of Lafayette - thereby

ensuring that individuals who are not residents and taxpayers of the City of Lafayette cannot

serve on the governing authority of the City of Lafayette.

42.

Under the status quo, Petitioners will have no elected representation on the Lafayette City

Council unless the City Council Districts are declared as set forth on the City Council District

Maps, in accordance with the express will and intent of the Lafayette City-Parish Council.

DISREGARDING CLERICAL AND/OR TYPOGRAPIDCAL ERRORS

43.

The intent of the City-Parish Council in amending Section 8-01 of the Charter to reflect

the City Council District Map was and is clear, notwithstanding the clerical and/or typographical

errors in the textual descriptions attached to the said ordinance.

44.

The City-Parish Council in amending the Charter Ordinance prior to adoption on August

7, 2018, expressly stated it intended that the textual descriptions of the City Council Districts

would reflect the City Council Map.


45.

As set forth in paragraph 21 hereof, the Charter amendment proposition text appearing on

the December 8, 2018 Lafayette Parish election ballot did not describe or reference the City

Council Districts, nor did it describe or reference the Charter Ordinance.

46.

It cannot be reasonably argued that anyone voted to amend the Charter to exclude certain

portions of precincts within the City of Lafayette from any City Council District, or that anyone

voted to amend the Charter to include certain portions of precincts within the City of Lafayette in

more than one City Council District.

47.

Accordingly, in accordance with well-established principles of statutory construction,

which apply equally to the Charter, the said clerical and/or typographical errors in Section 8-01

of the amended Charter should be disregarded in favor of the actual intent of the Lafayette City

Parish Council, which expressly amended - at a public meeting - the textual descriptions of the

City Council Districts to reflect the City Council District Map.

48.

A declaratory judgment that the clerical and/or typographical errors in Section 8-01 of the

amended Charter are to be disregarded would clarify the legal status of Petitioners as electors of

the City and Parish of Lafayette and would protect their right to vote in the 2019 municipal

elections.

49.

Petitioners pray that this Honorable Court would enter a declaratory judgment herein,

declaring: (i) that the clerical and typographical errors in Section 8-01 of the amended Charter

shall be disregarded; (ii) that the City Council District Map sets forth the official districts for the

Lafayette City Council, in accordance with the express will and intent of the Lafayette City

Parish Council; and (iii) that all public officials and employees, and the public generally, may

rely on the City Council District Map in the conduct of elections for the Lafayette City Council

until such time as the districts are reapportioned in accordance with the Charter.

Petition of Intervention Page JO of 14

REAPPORTIONMENT

50.

In the alternative, if the clerical and/or typographical errors in Section 8-01 cannot be

disregarded and reformed as prayed for in the preceding paragraph, then, in such case, unless the

Reapportionment Ordinance is determined to have been a valid exercise of the authority of the

Lafayette City-Parish Council, Petitioners will not be eligible to exercise their respective

franchise as electors of Lafayette Parish in the 2019 City Council election because: (i) they

would be excluded from any City Council District; (ii) the Charter would prohibit the calling of a

second election to re-amend Section 8-01 of the Charter within one year of the December 8,

2018 election (i.e., before December 8, 2019); and (iii) the deadline for calling an election that

would occur prior to the qualifying period for the 2019 municipal and parochial elections has

passed.

51.

If the adoption of the Reapportionment Ordinance was a valid exercise of the authority of

the Lafayette City-Parish Council, then a declaratory judgment to that effect would clarify the

legal status of Petitioners as electors of the City and Parish of Lafayette and would protect their

right to vote in the 2019 municipal elections.

52.

Accordingly, and alternative to the relief requested in paragraphs 40-46 hereof,

Petitioners pray for judgment herein declaring that: (i) the adoption of the Reapportionment

Ordinance by the Lafayette City-Parish Council was legal, valid and within the legitimate

authority thereof; (ii) declaring that the reapportioned districts are the official districts for the

Lafayette City Council and Lafayette Parish Council; and (iii) that all public officials and

employees, and the public generally, may rely on the Reapportionment Ordinance in the conduct

of elections for the Lafayette City Council and Lafayette Parish Council until such time as the

districts are reapportioned in accordance with the Charter.

SEVERANCE AND INJUNCTION

53.

In the alternative to the relief hereinabove prayed for, and should this Honorable Court

determine that the clerical and/or typographical errors in Section 8-01 of the Charter, as

amended, render Section 8-01 and related provisions of the Charter, as amended, legally and/or

Petition of Intervention Page I I of 14

constitutionally infirm, Petitioners pray that this Honorable Court would sever the offending

portions of the Charter in accordance with the following paragraphs.

54.

Section 8-10 of the Charter, in both its pre- and post-amendment form, provides: "If any

provision of this charter is declared invalid for any reason, that provision shall not affect the

validity of this charter or any other provisions thereof."

55.

As acknowledged by Plaintiff in Intervention in his Memorandum in Support of Petition

of Intervention, the Charter need not contain descriptions of the various City Council and Parish

Council districts, but may instead "provide that the [Lafayette City-Parish] Council by ordinance

can set forth the initial boundaries of the districts until such time as they are reapportioned."

(Mem. in Supp. of Pet. of Intervention, p. 5.)

56.

Accordingly, and alternatively relative to the relief otherwise prayed for herein,

Petitioners pray that this Honorable Court would strike and sever those provisions of the Charter

which are legally and/or constitutionally infirm, together with any other provision of the Charter

dependent upon or inextricably linked to the same, and, to the extent necessary, grant such

injunctive relief as may be necessary and/or proper in the premises directing the Lafayette City

Parish Council to adopt, by ordinance, City Council and Parish Council districts which will

provide all electors of Lafayette Parish with an equal right to vote relative thereto.

WHEREFORE, Petitioners, DEBORAH AMY, DENNIS SULLIVAN, BRUCE

SA WVEL, JANE SA WVEL, HAROLD BERNARD, JR., and DANIEL GILLANE, pray that,

after service of this Petition upon Defendants in Intervention, KEITH KISHBAUGH and KYLE

ARDOIN, in his OFFICIAL CAPACITY as SECRETARY OF STATE OF THE STATE OF

LOUISIANA, and after all legal delays and due proceedings had, there be judgment rendered

herein in favor of Petitioners and against Defendant as follows:

(1) that this Honorable Court would enter a declaratory judgment herein, declaring:

(i) that the clerical and typographical errors in Section 8-01 of the amended

Charter shall be disregarded; (ii) that the City Council District Map sets forth the

official districts for the Lafayette City Council, in accordance with the express

will and intent of the Lafayette City-Parish Council; and (iii) that all public


officials and employees, and the public generally, may rely on the City Council

District Map in the conduct of elections for the Lafayette City Council until such

time as the districts are reapportioned in accordance with the Charter; or

(2) in the alternative, that this Honorable Court would enter a declaratory judgment

herein, declaring that: (i) the adoption of the Reapportionment Ordinance by the

Lafayette City-Parish Council was legal, valid and within the legitimate authority

thereof; (ii) declaring that the reapportioned districts are the official districts for

the Lafayette City Council and Lafayette Parish Council; and (iii) that all public

officials and employees, and the public generally, may rely on the

Reapportionment Ordinance in the conduct of elections for the Lafayette City

Council and Lafayette Parish Council until such time as the districts are

reapportioned in accordance with the Charter; or

(3) in the further alternative, that this Honorable Court would strike and sever those

provisions of the Charter which render it legally and/or constitutionally infirm,

together with any other provision of the Charter dependent upon or inextricably

linked to the same, and, to the extent necessary, grant such injunctive relief as

may be necessary and/or proper in the premises directing the Lafayette City

Parish Council to adopt, by ordinance, City Council and Parish Council districts

which will provide all electors of Lafayette Parish with an equal right to vote

relative thereto.

Petitioners further prays that Principal Plaintiff and Plaintiff in Intervention be cast with

all costs of these proceedings, and for all other just, legal and equitable relief.

[Signature of counsel and verification of Petitioners located on following pages.]

[Remainder of page intentionally left blank.]


PLEASE SERVE

Keith Kisbaugh through counsel of record L. Lane Roy Brown Sims, P.C. 600 Jefferson Street, Suite 800 Lafayette, LA 70501

Kyle Ardoin, Louisiana Secretary of State through counsel of record Jeff Landry, Louisiana Attorney General Angelique Duhon, Assistant Attorney General Louisiana Department of Justice, Civil Division P.O. Box 94005 Baton Rouge, LA 70802

Petition of Intervention

d~ TRAVIS J. BROUSSARD (#33036) GARY MCGOFFIN (#9319) Durio, McGoffin, Stagg & Ackermann 220 Heymann Boulevard (70503) Post Office Box 51308 Lafayette, LA 70505-1308

Phone: (337) 233-0300 Fax: (337) 233-0694 Email: [email protected]

[email protected]

-AND -

STEVEN RAMOS (28729) ANDRUS, BOUDREAUX, LANDRY & COUSSAN, APLC 1301 Camellia Boulevard, Suite 401 Lafayette, LA 70508 Ph: (337) 984-9480 Fax: (337) 984-9488

Counsel for Intervenors, DEBORAH AMY, DENNIS SULLIVAN, BRUCE SA WVEL, JANE SA WVEL, HAROLD BERNARD, JR., and DANIEL GILLANE

of14

VERIFICATION

BEFORE ME, the undersigned Notary Public, personally came and appeared BRUCE

SA WVEL AND JANE SA WVEL, who, after being duly sworn, did depose and say:

That they have read the foregoing Petition of Intervention and that all of the allegations

of fact made in the foregoing are true, to the best of their knowledge and belief.

~).~ li3RlJCEiA wvm:----

SWORN TO AND SUBSCRIBED TO BEFORE ME on April 18, 2019 at Lafayette,

Louisiana.

Petition of Intervention Verification Page 1of1

VERIFICATION

BEFORE ME, the undersigned Notary Public, personally came and appeared

.De...b oa~.h Arn Y , who, after being duly sworn, did depose and say:

That he/she has read the foregoing Petition of Intervention and that all of the allegations

of fact made in the foregoing are true, to the best of his/her knowledge and belief.

PETITIONER


Louisiana.

Petition of Intervention Verification

lit~ NOTARY PUBLIC

l<'t-v \ ~ ~( Cq~vluv cl Le-- ~ ~ !>>"1 dl

Pagel of I

VERIFICATION


v~~s &_ $t.Jl,'v~o, after being duly sworn, did depose and say:



~·YJ<};L SWORN TO AND SUBSCRIBED TO BEFORE ME on April 18, 2019 at Lafayette,

Louisiana.

Petition of Intervention Verification Page I of I

VERIFICATION


"'Dc::t.f\~el cr·. \la..re. , who, after being duly sworn, did depose and say:



PETITIONER

SWORN TO AND SUBSCRIBED TO BEFORE ME on April I 8, 2019 at Lafayette,

Louisiana.

Petition of Intervention Verification Page I of 1

VERIFICATION

\~ BEFORE ME, the und;::signed Notary Public, personally came and appeared

·!tklf.l)_p \1 Jf '2flllAf'?fJ ,~o, after being duly sworn, did depose and say:


of fact made in the foregoing are true, to the best of,~~led


Louisiana.

Petition of lnte1vention Verification

~~~Ji, NOD\ Y PUBLIC

Page I of I

I

I

I

ORDINANCE NO. 0-121-2018

AN ORDINANCE OF THE LAFAYETTE CITY-PARISH COUNCIL PROPOSING AMENDMENTS TO VARIOUS SECTIONS OF THE HOME RULE

CHARTER OF LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, FOR THE FOLLOWING PURPOSES: TO ABOLISH THE LAFAYETTE CITY-PARISH

COUNCIL, AND IN ITS PLACE, CREATE A LAFAYETTE CITY COUNCIL AND A LAFAYETTE PARISH COUNCIL, AS THE GOVERNING AUTHORITY FOR THE LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT; TO ESTABLISH THE CITY COUNCIL AS THE GOVERNING AUTHORITY AND LEGISLATIVE BRANCH OF THE CITY OF LAFAYETTE AND THE PARISH COUNCIL AS THE GOVERNING AUTHORITY AND LEGISLATIVE BRANCH OF THE PARISH OF

LAFAYETTE, TO ABOLISH THE LAFAYETTE PUBLIC UTILITIES AUTHORITY AND TO SUBSTITUTE IN ITS PLACE THE LAFAYETTE CITY COUNCIL AS THE

GOVERNING AUTHORITY OF THE UTILITIES DEPARTMENT AND OF THE LAFAYETTE PUBLIC POWER AUTHORITY; TO PROVIDE THAT TEMPORARY

OCCUPANTS OF THE POSITION OF MAYOR-PRESIDENT, CITY COUNCIL MEMBER, OR PARISH COUNCIL MEMBER DURING A PERIOD OF VACANCY

SHALL BE ELIGIBLE TO RUN IN AN ELECTION FOR THE VACANT POSITION; TO ABOLISH THE LAFAYETTE CITY-PARISH PLANNING AND ZONING

COMMISSION AND TO SUBSTITUTE IN ITS PLACE A SEP ARA TE CITY PLANNING AND ZONING COMMISSION F()R THE CITY OF LAFAYETTE AND A SEPARATE

PARISH PLANNING AND ZONING COMMISSION FOR THE PARISH OF LAFAYETTE; TO CHANGE THE METHOD OF NOMINATION OF PROSPECTIVE APPOINTEES TO THE LAFAYETTE MUNICIPAL CIVIL SERVICE BOARD; TO CHANGE THE METHOD OF COUNTING THE REQUIRED PERCENTAGES OF

VOTERS FOR AN INITIATIVE OR REFERENDUM PETITION AND TO COMMENCE THE RECALL PROCESS; TO CHANGE THE METHOD OF COUNTING THE

NUMBER OF VOTES NECESSARY TO AMEND THE LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT HOME RULE CHARTER; TO PROVIDE THAT ANY PROPOSAL FOR THE MANAGEMENT OF A SUBSTANTIAL PART OF THE

CITY'S UTILITY SYSTEM MUST BE APPROVED BY VOTE OF THE ELECTORS OF THE CITY OF LAFAYETTE AT AN ELECTION CALLED FOR THAT PURPOSE BY

TWO-THIRDS VOTE OF THE LAFAYETTE CITY COUNCIL; TO APPLY TERM LIMITS OF CURRENT CITY-PARISH COUNCIL MEMBERS TO NEW CITY

COUNCIL AND PARISH COUNCIL; AND CALLING FOR AN ELECTION OF THE DULY QUALIFIED ELECTORS OF THE PARISH OF LAFAYETTE BY

APPROPRIATE RESOLUTION, IN ORDER TO CONSIDER SUCH PROPOSAL

BE IT ORDAINED by the Lafayette City-Parish Council, that:

WHEREAS, the Home Rule Charter of the Lafayette City-Parish Consolidated

Government (the "Home Rule Charter") currently establishes the Lafayette City-Parish Council j

as the sole legislative branch of Lafayette City-Parish Consolidated Government; and

WHEREAS, the Home Rule Charter currently establishes the Lafayette Public Utilities

Authority (''LPUA") as the governing authority for the Utilities Department, and by operation of

Louisiana law, the full Lafayette City-Parish Council is the governing authority of the Lafayette

Public Power Authority; and

WHEREAS, the Home Rule Charter currently provides that temporary occupants of the

office of Mayor-President or City Council member during a period of vacancy are ineligible to

run in an e lection to fill the vacant position; and

WHEREAS, the Home Rule Charter currently establishes a single City-Parish Planning

- --- -i and Zoning Commission, which is the planning commission for the Parish of Lafayette a~n~d11thiiie--~~--. EXHIBIT

planning and zoning commission for the City of Lafayette; and

A

WHEREAS, the Home Rule Charter currently provides for nominations for prospective

appointees to the Municipal Civil Service Board from certain specified organizations; and

WHEREAS, the Home Rule Charter currently provides for certain methods of

computing the percentage of registered voters necessary for the placement of an initiative or

referendum petition, as well as a recall proposition, on the ballot; and

WHEREAS, the Home Rule Charter currently provides for certain methods of counting

the votes within the City of Lafayette and Parish of Lafayette that are necessary to amend the

Home Rule Charter; and

WHEREAS, the Home Rule Charter currently provides for certain term limits of

members of the City-Parish Council; and

WHEREAS, the Home Rule Charter currently provides that any proposal for the sale,

lease, or disposal of the utility system or any substantial part thereof requires approval of a

majority of the electors of the City of Lafayette voting in an election called for that purpose by

the City-Parish Council; and

WHEREAS, the City-Parish Council desires to propose certain amendments to the Home

Rule Charter to effect changes to the above subjects of the Home Rule Charter by amending

various provisions of the Home Rule Charter, in the particulars more fully shown in the text of

the proposed Home Rule Charter amendments attached hereto and made a part hereof by

reference; and

WHEREAS, Section 7-03(A) of the Home Rule Charter provides, in relevant part, that

" [p ]roposals to amend or repeal this charter may be made by a two-thirds vote of the authorized

membership of the council"; and

WHEREAS, Section 7-03(C) of the Home Rule Charter provides that "[p]roposals to

amend or repeal this charter shall be submitted for ratification to the qualified electors of the City

Parish government at an election already authorized for other purposes or at a special election

called by the council," and provides further that the "results shall be determined by a majority

vote of the electors voting on any particular proposal"; and

WHEREAS, in accordance with applicable law [including but not limited to Title 18,

Section 402(F), of the Louisiana Revised Statutes], propositions may be voted on at an election

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called for such purpose on the first Tuesday after the first Monday in November of even-

numbered years, among other specified dates; and

WHEREAS, subsequent to the adoption of this ordinance, and in accordance with the

provisions of Title 18, Sections 1284 and I 300(A), of the Louisiana Revised Statutes, an

appropriate resolution will be considered by the Lafayette City-Parish Council relative to the

calling of an election to consider the proposition stated in such resolution.

NOW THEREFORE, BE IT FURTHER ORDAINED by the Lafayette City-Parish

Council, that:

SECTION 1: All of the aforedescribed "Whereas" clauses are adopted as part of this

ordinance.

SECTION 2: Subject to compliance with other requirements of law, the Lafayette

City-Parish Council proposes that the Home Rule Charter be amended for the following general

purposes {by way of summary only) as more fully shown in the text of the proposed amendments

to the Home Rule Charter attached hereto and made a part hereof by reference (which attachment

shall be controlling in the event of any conflict or inconsistency with the summary below):

I. to abolish the Lafayette City-Parish Council, and in its place, create a Lafayette City Council and a Lafayette Parish Council, as the governing authority for the Lafayette City-Parish Consolidated Government;

2. to establish the City Council as the governing authority and legislative branch of the City of Lafayette and the Parish Council as the governing authority and legislative branch of the Parish of Lafayette;

3. to abolish the Lafayette Public Utilities Authority and to substitute in its place the Lafayette City Council as the governing authority of the utilities department and of the Lafayette Public Power Authority;

4. to provide that temporary occupants of the position of Mayor-President, City Council member, or Parish Council member during a period of vacancy shall be eligible to run in an election for the vacant position;

5. to abolish the Lafayette City-Parish Planning and Zoning Commission and to substitute in its place a separate City Planning and Zoning Commission for the City of Lafayette and a separate Parish Planning and Zoning Commission for the Parish of Lafayette;

6.

7.

to change the method of nomination of prospective appointees to the Lafayette Municipal Civil Service Board;

to change the method of counting the required percentages of voters for an initiative or referendum petition or for a recall proposition;

8. to change the method of counting the number of votes necessary to amend the Lafayette City-Parish Consolidated Government Home Rule Charter;

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9. to provide that any proposal for the management of a substantial part of the City's utility system must be approved by vote of the electors of the City of Lafayette at an election called for that purpose b1 a two-thirds vote of the Lafayette City Council;

10. to provide that consecutive tenns served by members of the existing CityParish Council prior to January 6, 2020 shall be counted toward the tenn limitations of the new City Council and the new Parish Council for the first tenn of either Council.

SECTION 3: The City-Parish Attorney shall seek all necessary consents, pre-

clearances and approvals as required by law, including but not limited to the United States

Department of Justice, the State Bond Commission and the Secretary of State, and is authorized

to file all papers or other documents necessary or appropriate to seek such consent, pre-clearance

and approval.

SECTION 4: Concurrently with the adoption of this ordinance, an appropriate

resolution will be considered in connection with the calling of an election and the preparation of

the proposition to be considered at such election.

SECTION 5: All ordinances or resolutions, or parts thereof, in conflict herewith are

hereby repealed.

SECTION 6: In accordance with the provisions of s~:ction 2- I 3(D) of the Home Rule

Charter, this ordinance is not subject to the veto power of the Lafayette City-Parish Mayor-

President and, accordingly, is effective upon signature of the Lafayette City-Parish President, or

the elapse of ten (I 0) days after receipt by the Lafayette City-Parish President without signature,

whichever occurs first, but subject to the favorable approval and ratification of the qualified

electors of City-Parish Government at an election already authorized for other purposes or at a

special election called by the Council.

* * * * *

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DISPOSITION OF ORDINANCE NO. 0-121-2018

This ordinance was introduced: July 10 , 2018 YEAS: Castille, Boudreaux, Conque Cook, Hebert

NAYS: Lewis, Bellard, Theriot

ABSENT: Naquin

ABSTAIN : None

DEFER: 07/24: final adoption deferred to 08/07

Final disposition by Council: August 7 , 2018 YEAS: Naquin, Castille, Lewis, Boudreaux, Conque, Cook, Hebert

NAYS: Bellard, Theriot

ABSENT: None

ABSTAIN: None

AMEND: 08/07: To substitute a revised ordinance and an amended version of the Home Rule Charter document and to include other changes by Council Members to Sections 2-01 , 6-02, 2-08, 3-09 and where necessary to include these additional amendments in the ordinance.

Notice of Public Hearing: This ordinance was published b Hearing was published in the Advertiser on July 13 , 2 8.

This ordinance was presented to the Mayor-Presiden 2018, at / /: 'j() o'clock ~m.

c

Disposition by Mayor-President:

I hereby:

A. Approve this ordinance, the \~'day of ~~ \ v ' '?:.'=> o'clock ~m.

, 2018, at

B. Veto this ordinance, the day of _ _____ ______ . 2018, at _ _ __ o'clock __ .m., veto message is attached.

C. Line item veto certain items this day of , 2018, at ____ o'clock _ _ .m., veto message is attached.

~ \2~»-v~st-=::

Reconsideration by Council (if vetoed):

On __________ , 2018, the Council did/refused to adopt this ordinance after the Mayor-President's veto.

7. Returned to the Council Office without signature of Mayor-President (unsigned) on __

--------i 8.

______ , 2018, at o'clock __ .m.

If not signed or vetoed by the Mayor-President, and ordinance was presented to him for action, same h

Full publication of this ordinance was made in the Advertiser on August I 0 2018.

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ARTICLE I. INCORPORATION, FORM OF GOVERNMENT, BOUNDARIES, POWERS.

Section 1-01. Home Rule Charter.

The Lafayette City-Parish Charter Commission has proposed and the electors have adopted this, their home rule charter, hereinafter referred to as "charter," under the authority of Article VI, Section 5 of the Louisiana Constitution of 1974, hereinafter referred to as "constitution." The Lafayette City-Parish Consolidated Government is therefore a local governmental subdivision which operates under a home rule charter and, subject to said charter, is authorized as hereinafter provided to exercise any power and perform any function necessary, requisite or proper for the management of its local affairs.

Section 1-02. Form of Government.

The plan of government provided by this home rule charter shall be known as the "President-Council" form of government. It shall consist of an elected City Council which shall be called the Lafayette City Council and an elected Parish Council which shall be called the Lafayette Parish Council. The Lafayette City Council and Lafayette Parish Council, jointly, shall constitute the legislative branch of the Lafayette City-Parish Consolidated Government. Furthermore, the Lafayette City Council shall constitute the legislative branch of the City of Lafayette and the Lafayette Parish Council shall constitute the legislative branch of the Parish of Lafayette. It shall also consist of an elected Mayor-President1 who shall be the Chief Executive Officer and head of the executive branch of the City of Lafayette, the Parish of Lafayette, and Lafayette City-Parish Consolidated Government.

Section 1-03. Boundaries.

The boundaries of Lafayette Parish and the City of Lafayette shall be those in effect as of the effective date of this charter and shall be subject to change thereafter as provided by law.

Section 1-04. Consolidation of Governments.

1 Title of Chief Executive Officer changed from "City-Parish President" to "Mayor-President" approved by parish wide election on November 21, 2015.

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A. Except as · otherwise provided herein, the governmental functions of the City of Lafayette are hereby consolidated with the governmental functions of Lafayette Parish. The name of the new government shall be the Lafayette City-Parish Consolidated Government, hereinafter referred to as the "City-Parish Government."

B. The City of Lafayette shall continue to exist as a legal entity and except as provided in this charter, shall exercise all powers granted by general state law and the state constitution for municipalities of the same population class. The Lafayette City Council shall be the governing authority of the City of Lafayette for all purposes, including, but not limited to, levying prope11y taxes in accordance with Article VI, Section 27 of the constitution, for providing municipal type services, and for purposes of annexation. The city shall render certain municipal services as provided under this charter and participate in federal and state grants, shared revenues and shared taxes peculiar to municipal governments.

C. The Parish of Lafayette shall continue to exist as a legal entity and except as provided in this charter, shall exercise all powers granted by general state law and the state constitution for parishes of the same population class. The Parish Council shall be the governing authority of the Parish of Lafayette for all purposes, including, but not limited to, levying property taxes in accordance with A11icle VI, Section 26 of the constitution.

Section 1-05. General Powers.

Except as otherwise provided by this charter the City-Parish Government shall continue to have all the powers, rights, privileges, immunities and authority heretofore possessed by the City of Lafayette and Lafayette Parish under the laws of the state. The government shall have and exercise such other powers, rights, privileges, immunities, authority and functions not inconsistent with this charter as may be conferred on or granted to a local governmental subdivision by the constitution and general laws of the state, and more specifically, the government shall have and is hereby granted the right and authority to exercise any power and perform any function necessary, requisite or proper for the management of its affairs, not denied by this charter, or by general state law, or inconsistent with the consti tu ti on.

Section 1-06. Special Powers.

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The Lafayette City Council and the Lafayette Parish Council shall have the right, power and authority to pass all ordinances requisite or necessary to promote, protect and preserve the general welfare, safety, health, peace and good order of the City of Lafayette and the Parish of Lafayette respectively, including, but not by way of limitation, the right, power and authority to pass ordinances on all subject matters necessary, requisite or proper for the management of their respective affairs, and all other subject matter without exception, subject only to the limitation that the same shall not be inconsistent with this Charter, the constitution, or expressly denied by general law.

Section 1-07. Joint Service Agreements.

The City of Lafayette and the Parish of Lafayette; through approval of their respective councils, and the City-Parish Government, through approval of a majority of the Lafayette City Council and a majority of the Lafayette Parish Council, are each authorized, as provided by state law, to enter into joint service agreements or cooperative efforts with other governmental agencies and political subdivisions.

ARTICLE II. CITY COUNCIL AND PARISH COUNCIL

Section 2-01. Composition, Qualifications and Election.

A. The legislative power of the City of Lafayette shall be vested in a Lafayette City Council (hereinafter, the "City Council") consisting of five (5) members elected from single-member districts for four (4) year terms, one from and by the qualified electors in each district as hereinafter defined.

B. The legislatjve power of the Parish of Lafayette shall be vested in a Lafayette Pa1~ish Council (hereinafter, the "Parish Council") consisting of five (5) members elected from single-member districts for four (4) year terms, one from and by the qualified electors in each district as hereinafter defined.

C. . The legislative power of the City-Parish Government shall be vested jointly in the City Council and the Parish Council, acting in the manner provided in this charter.

D. No person may serve concurrently on both the City Council and the Parish Council.

E. A City Council or Parish Council member who has served more than two and one-half terms in three (3) consecutive terms shall not be

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eligible to qualify as a candidate for Council member for the succeeding term on the same Council on which (s)he has served. The term limitations of this Subsection apply only to service for consecutive terms on the same Council, except that consecutive terms served on the City-Parish Council prior to January 6, 2020 shall be counted toward the term limitations of this Subsection for both the City Council and the Parish Council. A Council member who becomes term-limited on one Council is not disqualified from serving on the other Council, unless the term limitation results in whole or in I part from service on the City-Parish Council as provided herein.

F. City Council members and Parish Council members shall be at least eighteen ( 18) years of age and a qualified elector of the district from which elected at the time of qualification.

G. A City Council member shall have been legally domiciled and shall have actually resided for at least ·one ( 1) year in the City of Lafayette · and six (6) months immediately preceding the time established by law for qualifying for office in an area which, at the time of qualification, is within the district from which elected.

H. A Parish Council member shall have been legally domiciled and shall have actually resided for at least one ( 1) year in the Parish of Lafayette and six ( 6) months immediately preceding the time established by law for qualifying for office in an area which, at the time of qualification, is within the district from which elected.

I. City Council members and Parish Council members shall continue to be legally domiciled and to actually reside within the district from which elected during the term of office. Should the legal domicile and/or actual residence of a City Council member or Parish Council member change from the district from which elected, unless changed by I reapportionment, the office shall automatically become vacant, which vacancy shall be filled as set out hereinafter.

Section 2-02. Redistricting.2

Following official publication of the federal census by the United States Bureau of the Census, the City Council and Parish Council by ordinance shall, if necessary, alter, change or rearrange Council district boundaries so as to provide for population equality among the districts as near as reasonably practicable. To the extent possible Council districts shall be compact and be composed of contiguous territory. The redistricting shall

2 Section 2-02 : Redistricting process approved by parish wide election on November 02, 20 IO.

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be accomplished in the manner, and within the time period, specified or prescribed by applicable law. If, at any time, the next succeeding election for members of a governing authority following the official publication of the federal census by the United States Bureau of the Census shall pertain to the election of members of the City Council of the City of Lafayette and/or of the Parish Council of the Parish of Lafayette, the procedure described above shall pertain and apply to the district boundaries for the City Council of the City of Lafayette and/or the Parish Council for the Parish of Lafayette, respectively.

Section 2-03. Forfeiture of Office.

A City Council member or Parish Council member shall forfeit the office if such member during the term of office: (I ) lacks any qualification ·· for the office prescribed by this charter, or (2) is convicted of a state or federal felony.

Section 2-04. Vacancy in Council Office.

A. The office of a City Council member or Parish Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law, forfeiture of office, failure to take office, or as otherwise provided in this charter.

B. A vacancy on the City Council or Parish Council shall be filled by appointment within fifteen ( 15) days after the vacancy occurs of a person meeting the qualifications for that office by the favorable vote of a majority of the remaining members of the Council within which the vacancy has occurred.

C. If one (1) year or less of the unexpired term remains when the vacancy occurs, the appointee shall serve out the remainder of the term. The person appointed to fill the vacancy shall be eligible to be a candidate for the next full term for the Council to which the appointee was appointed.

D. If the vacancy occurs more than one (1) year before the expiration of the term, the appointee shall serve until the office is filled by the vote of the qualified electors voting in an election called for that purpose by the Council within which the vacancy has occurred and the person elected assumes the office. The person appointed to fill the vacancy shall be eligible to be a candidate for the election to fill the remainder of the unexpired term. The Council within which the vacancy has occurred, within fifteen ( 15) days after the vacancy occurs, shall call an election to fill the

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vacancy. The election shall be held according to the timetable and procedures established by state law for the filling of vacancies in elected local offices.

E. If the Council within which the vacancy has occurred does not make an appointment as required by this section within fifteen ( 15) days of the occurrence of the vacancy, the appointment shall be made by the governor of the State of Louisiana. If an election is required and the Council within which the vacancy has occurred fails to call the election within fifteen -( 15) days after the vacancy occurs, the governor of the State of Louisiana shall call the election.

Section 2-05. Compensation. 3

A. The salary of each City Council member and Parish Council member shall be $30,356.44 per year, and City Council members and Parish Council members shall be eligible for health and hospital insurance benefits which are available to employees of the City-Parish Government. City Council members and Parish Council members participating in the health and hospital insurance program shall be liable for the full premium rate.

B. The City Council or the Parish Council may, by ordinance, increase the salaries of its respective members during the term for which elected. The total of all salary increases of either Council during a term shall not exceed ten (10) percent of the salary at the beginning of the term.

C. City Council members and Parish Council members may be reimbursed for properly authorized vouchered expenses incurred in conducting official business of the City of Lafayette, the Parish of Lafayette, or the City-Parish Government.

Section 2-06. Prohibitions.

3 Section 2-05(a): Salary increases for Council members: 0-387-97 (11-16-97) 2% or $18,360 annually 0-225-98 (09-30-98) 5% or $19,278 annually 0-232-99 (09-30-99) 2% or$ I 9,664 annually 0-J 86-2002 (09-26-02) 3% or $20,253 annually 0- I 84-2003 (09-25-03) 4% or $2 I ,063.60 annually 0- I 78-2004 (09-30-04) 2% or $2 I ,484.93 annually 0-214-2005 (09-29-05) 2% or $2 I ,9 I 4.64 annually 0- I 51-2006 (09-28-06) 4% or $22,791.00 annually 0-170-2007 (09-27-07) I .66% or $23, I 70.00 annually 0-143-2008 (09-30-08) 10% or $25,486.88 annually 0-153-2013 (09-12- I 3) I 0% or $28,028.00 annually 0-170-20 I 5 (09-03- I 5) I 0% or $30,356.44 annually

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A. A City or Parish Council member shall hold no other elected public office, nor be a compensated official or employee of the City-Parish Government during the term for which elected to the City or Parish Council and no former City Council member or Parish Council member shall hold any compensated appointive City of Lafayette, Parish of Lafayette and/or City-Parish Government office or employment until one (1) year after the expiration of the term for which elected to the City or Parish Council. Nothing in this section shall prohibit a City Council member or Parish Council member from serving as a member of a charter commission, constitutional convention or political party committee.

B. Except as specifically provided in this charter, neither the City Council nor the Parish Council, nor any of their members, shall remove, direct or supervise any administrative officers or employees whom the

· Mayor-President1 or any subordinates ·of the Mayor-President1 are empowered to appoint.

C. No City Council member or Parish Council member shall serve on a board or commission of the City of Lafayette, the Parish of Lafayette, or the City-Parish Government having administrative or policy making authority unless the ordinance or state law creating such board or commission specifies that one or more members of the Council upon which the member serves shall serve on such board or commission.

Section 2-07. Council Meetings and Rules.

A. The City Council and Parish Council shall meet separately, except for such joint meetings as they may concurrently call. Each Council shall meet regularly at least twice a month at intervals of at least two (2) weeks at such times and places as each Council may separately prescribe. Special meetings of the City Council or the Parish Council may be held on the call of the presiding officer of the Council seeking to hold the special meeting, or a majority of the authorized membership of that Council with such notice as may be required by state law. To meet a public emergency affecting life, health, property or public safety, either Council, or both, may meet upon call of the Mayor-President1, the presiding officer(s) of the Council(s) seeking to hold the meeting, or a majority of the authorized membership(s) of that/those Council(s) at whatever notice it shall be convenient to give. The call convening a special or emergency meeting of the City Council and/or the Parish Council shall state the objects of the meeting. The power of the City Council and/or the Parish Council to act at a

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special or emergency meeting shall be limited, under penalty of nullity, to the objects specifically enumerated in the call.

B. All meetings of the City Council and/or the Parish Council and its committees shall be open to the public in accordance with the provisions of general state law.

C. The City Council and the Parish Council shall each determine by resolution its own rules and order of business and shall provide for keeping a record of its minutes and proceedings. All official actions of the I City Council and Parish Council each shall be published in the official journal within thirty (30) days of the action taken.

D. At all regular meetings of the City Council and Parish Council, each Council shall operate from an agenda which shall have been published at least two (2) days, excluding Saturdays, Sundays and hol~days, prior to the meeting. The agenda for special or emergency meetings shall be made available to the public as soon as practical prior to the meeting.

E. The City Council and Parish Council each shall provide by resolution a procedure whereby interested persons shall be given an opportunity to be heard at Council meetings on any matter relating to CityParish Government.

F. At the first regular meeting of a newly elected City Council and Parish Council and annually thereafter, a chair and vice chair shall be elected by each Council from among its members. The chair of each Council shall preside at meetings of that Council, jointly supervise or delegate supervision of Council employees, and carry out such other duties as their respective Council may authorize.

G. In the absence or disqualification of the chair of the City Council or the Parish Council, the vice chair of the affected Council shall I preside. In the absence or disqualification of both the chair and vice chair of the City Council or Parish Council, the affected Council shall designate one of its other members as temporary presiding officer. The chair, vice chair and temporary presiding officer of each Council shall be voting members of their respective Council.

H. All voting on matters coming before either the City Council or the Parish Council shall be by electronic vote or roll call, and the ayes and nays shall be recorded in the minutes of each respective Council by the individual vote of each Council member. Not less than a majority of the authorized membership of a Council shall constitute a quorum to transact business, but if a quorum is lost during a meeting, a smaller number may recess from time to time and compel the attendance of absent members in the manner and subject to the penalties prescribed by Council rules.

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Section 2-08. Investigations.

The City Council and the Parish Council, acting jointly, may make investigations into the affairs of the City-Parish Government and the related conduct of any City-Parish official, officer, employee, department, office, or agency. Only the City Council, acting independently, may make investigations into the affairs of the City of Lafayette and the related conduct of any City of Lafayette official, officer, employee, department, office, or agency. Only the Parish Council, acting independently, may make investigations into the affairs of the Parish of Lafayette and the related conduct of any Parish of Lafayette official, officer, employee, department, office, or agency. For this purpose, the Council(s) conducting the investigation may subpoena witnesses, administer oaths, take testimony and. require the production of evidence. Investigations shall be for a specified purpose and may be undertaken only by the affirmative vote of a majority of the authorized membership of the Council(s) proposing the investigation. Any person who fails or refuses to obey any lawful order of the Council(s) conducting the investigation may be cited for contempt. A Council member, whose Council is conducting an investigation pursuant to this Section, shall not vote on any matter under such investigation in which that Council member has a conflict of interest.

Section 2-09. Independent Audit.

The City Council and Parish Council, by maJonty vote of each Council, shall jointly provide for an annual independent post fiscal year audit of the City-Parish Government, including those of all City-Parish Government depai1ments, offices or agencies, and shall jointly designate a private auditor to make such audit. Either the City Council or the Parish Council may provide for such additional audits as either Council deems necessary, of the accounts and other evidence of financial transactions of the City-Parish Government, including those of all City-Parish Government departments, offices or agencies. A private auditor shall be designated to make such supplemental audits. Any private auditor designated pursuant to this Section shall be without personal interest in the affairs subject to audit, shall not participate in budget preparation and adoption, and shall be a certified public accountant or firm of such accountants. The joint annual audit required by this Section shall be submitted to a joint meeting of the City Council and Parish Council. Any supplemental audit prepared pursuant

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to this Section shall be submitted to the Council requesting the audit at one of its regularly scheduled meetings. All audits prepared pursuant to this Section shall be a public record, and a summary thereof shall be published at least once in the official journal.

Section 2-10. Council Employees.

A. The City Council and Parish Council shall jointly appoint a Clerk of the Council who shall serve at the pleasure of both Councils. The clerk shall give notice of City Council and Parish Council meetings to its members and the public, keep the journal of its proceedings, be official secretary of both Councils and perform such other duties as are assigned to the position by this charter or by either Council.

B. The City Council and Parish Council may, by ordinance, jointly authorize the hiring of such other employees as may be necessary to assist the City Council and Parish Council in carrying out their duties and responsibilities. Such employees shall serve at the pleasure of the City Council and Parish Council.

C. The City Council and Parish Council shall, by ordinance, jointly fix the salaries of their employees.

Section 2-11. Action Requiring an Ordinance.

A. An act of either Council having the force of law shall be by ordinance. An act requiring an ordinance shall include but not be limited to those which:

(I) (2)

(3) (4)

(5) (6) (7)

(8)

(9) (10)

Adopt or amend an administrative code. Provide a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty may be imposed. Levy taxes, assessments and charges. ·Adopt the operating budget and capital improvement budget and appropriate funds. Grant, renew or extend a franchise. Provide for raising revenue. Regulate the rate or other charges for service by the City of Lafayette, the Parish of Lafayette, or the City-Parish government. Authorize the borrowing of money, in any manner authorized by law. Incur debt in any manner authorized by law. Dispose of any real property.

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( 11) Convey or lease or authorize the conveyance or lease of any lands or property.

(12) Acquire real property. ( 13) Adopt or modify the official map of the City or Parish. (14) Adopt or modify regulations for review and approval of plats. ( 15) Adopt or modify subdivision controls or regulations. ( 16) Adopt or modify the zoning plan, maps and regulations. ( 17) Amend or repeal any ordinance previously adopted. ( 18) Propose amendments to this charter. B. All ordinances shall be codified in accordance with Article VI,

Section I 0 of the constitution. C. An act of the City or Parish Council which is not to have the

force of law may be enacted by resolution. A resolution may be used by either Council for purposes such as a formal expression or will of the Council; to authorize a person or persons to sign legal and financial documents for a project or purpose previously approved by ordinance; and as may be authorized by this charter. The Mayor-President's 1 veto authority shall not apply to resolutions.

D. All ordinances and resolutions shall be passed by the favorable vote of at least a majority of the authorized membership of the City or Parish Council except as otherwise provided in this charter.

E. An ordinance or resolution with subject matter that is within the legislative power of both the City Council and Parish Council shall be passed by a favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council. The City Council and Parish Council may act jointly by a single joint ordinance or resolution, or they may act jointly by passage of separate resolutions or ordinances. In all cases, in order for the City Council and Parish Council to act jointly by separate ordinances or resolutions, such separate ordinances or resolutions must be identical in all material terms and shall not be severable. Illustrative subject matters that are within ·the legislative power of both the City Council and the Parish Council shall include, but are not limited to, the following:

(1)

(2)

Items within the operating budget and capital improvement budget and appropriation of funds related thereto, arising out of or related to shared, joint, or common operations, employees, employee benefits, equipment, facilities, property, funding, or services, between the City and Parish. Items arising out of or related to shared, joint, or common operations, employees, employee benefits, equipment, facilities, property, funding, or services, between the City and Parish.

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(3) J oinder and orderly transition of other municipalities into the City-Parish Government.

( 4) Proposed amendments to this Charter.

Section 2-12. Ordinances in General.

A. All proposed ordinances shall be introduced in writing at a meeting of the City Council or Parish Council in the form required for adoption and, except for codifications, the operating budget and capital improvement budget, shall be confined to one subject expressed clearly in the title.

B. All proposed ordinances shall be read by title when introduced and published in the official journal by title within fifteen (15) days of introduction, except that ordinances proposing amendments to the charter shall be published in full. Except as otherwise provided in the section on "Emergency Ordinances," no ordinance shall be considered for final passage until at least two (2) weeks from date of introduction and after a public hearing has been held on the ordinance.

C. With the final approval of ordinances by the Mayor-President1,

or the City Council or Parish Council in case of a veto by the MayorPresident 1, such enacted ordinances shall be published in full or in summary at the discretion of the council that passed the ordinance in the official journal by the Clerk of the Council within seven (7) days after adoption. Every enacted ordinance, unless it shall specify another date, shall become effective at the expiration often (10) days after final adoption.

Section 2-13. Submission of Ordinances to the Mayor-President 1•

A. Every ordinance adopted by the City Council or Parish Council shall be signed by the presiding officer or the Clerk of the Council. The Clerk of the Council shall certify to its passage, and it shall be presented to the Mayor-President1 within three (3) days after adoption, excluding Saturdays, Sundays and holidays. The Clerk of the Council shall record upon the ordinance the date and hour of its delivery to the Mayor-President1

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B. Within ten (10) days after the Mayor-President's1 receipt of an ordinance, it shall be returned to the Clerk of the Council with the MayorPresident's 1 approval or with the Mayor-President's 1 veto. The clerk shall record upon the ordinance the date and hour of its receipt from the MayorPresident 1• If the proposed ordinance is not signed or vetoed by the MayorPresident 1 within ten (10) days after receipt, it shall be considered adopted. If the ordinance has been adopteq, it shall be considered finally enacted and

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become effective as provided in the section on "Ordinances in General." If the ordinance is vetoed, the Mayor-President1 shall submit to the Council that initially passed the ordinance through the clerk a written statement of the reasons for the veto. The veto statement shall be published in full in the official journal by the clerk, as soon as practical thereafter. All ordinances vetoed by the Mayor-President1 shall be vetoed in full, except that the Mayor-President1 shall have authority to veto individual appropriation items in the ordinances adopting the operating and capital improvement budgets and amendments thereto.

C. Ordinances vetoed by the Mayor-President1 shall be submitted to the Council that initially passed the ordinance by the Clerk of the Council no later than the next regular meeting held after publication of the veto statement. Should the Council that initially passed the ordinance vote, not later than the second regular meeting held after receipt of the vetoed ordinance, to override the Mayor-President's1 veto of the ordinance by the favorable vote of at least two thirds of its authorized membership, said ordinance shall be considered finally enacted in accordance with the section on "Ordinances in General" and become law irrespective of the veto by the Mayor-President1

• The procedure for overriding vetoed ordinances shall apply to individual appropriation items in the operating and capital improvement budgets vetoed by the Mayor-President1

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D. The right of the Mayor-President1 to veto as provided in this section shall apply to all ordinances adopted by the City Council and/or Parish Council, separately and/or jointly, except ordinances for: plans for reapportionments; amendments to this charter; establishing, altering or modifying Council procedure; appropriating funds for auditing or investigating any part of the executive branch; or as may be otherwise provided by this charter.

Section 2-14. Emergency Ordinances.

A. To meet a public emergency affecting life, health, property or public safety, the City Council and/or Parish Council may adopt an emergency ordinance at the meeting at which it is introduced, provided that no such ordinance may be used to levy taxes or special assessments; grant or extend a franchise; incur debt, except as provided in the section on "Emergency Appropriations"; adopt or amend an official map, platting or subdivision controls or zoning regulations; or change rates, fees or charges. Each emergency ordinance shall contain a specific statement describing the emergency. After adoption, the ordinance shall be printed and published as prescribed for other approved ordinances.

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B. Notwithstanding the provisions of the section on "Submission of Ordinances to the Mayor-President1

," any emergency ordinance adopted by the City Council and/or Parish Council shall be presented to the MayorPresident 1 within six (6) hours after adoption. Within twelve (12) hours after the Mayor-President's 1 receipt of an emergency ordinance, it shall be returned to the Council(s) that passed the ordinance with the MayorPresident's 1 approval, or with the Mayor-President's 1 veto. If the proposed ordinance is not signed or vetoed by the Mayor-President1 within twelve (12) hours after receipt, it shall be considered adopted. If the emergency ordinance has been adopted, it shall become effective immediately. If the emergency ordinance is vetoed, the Mayor-President

1 shall submit to the

Council(s) that passed the ordinance a written statement of the reasons for the veto. The clerk shall record upon the emergency ordinance the dates and hours of its delivery to and receipt from the Mayor-President1

• Should the Council(s) that passed the ordinance vote, not later than twelve (12) hours after receipt of the vetoed emergency ordinance from the Mayor-President1

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to readopt the emergency ordinance by the favorable vote of at least two thirds of its authorized membership, said emergency ordinance shall be considered finally adopted and become law immediately upon readoption, irrespective of the veto by the Mayor-President1

• Upon final approval by the Mayor-President1

, or the City Council and/or Parish Council in case of a veto by the Mayor-President1

, such adopted emergency ordinance shall be published by title in the official journal as soon as practical thereafter.

C. Emergency ordinances shall be effective for no longer than thirty (30) consecutive days after final adoption, except that the Council(s) that passed the ordinance, by the favorable vote of two-thirds vote of its authorized membership, may extend the life of the emergency ordinance for a period not to exceed an additional thirty (30) consecutive days.

Section 2-15. Codes of Technical Regulations.

The City Council or Parish Council, by ordinance, may adopt any standard code of technical regulations by reference. The procedure and requirements governing the adopting of such codes shall be as prescribed for ordinances generally, except that a period of sixty (60) days shall be allowed between the time of introduction and adoption of the ordinance. During this interim, copies of any proposed code shall be available for public review. A copy of each adopted code of technical regulations as well as the adopting ordinance shall be authenticated and recorded by the Clerk of the Council in the official records of the City-Parish Government. Such adopted codes of

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technical regulations shall be published by title or by reference in the official journal by the clerk as soon as practical following such final adoption.

Section 2-16. Authentication and Recording of Ordinances and Resolutions; Printing and Distribution.

A. All finally enacted ordinances and resolutions shall be authenticated, numbered and recorded by the Clerk of the Council. All ordinances shall be indexed and codified in a book or books kept for this purpose. All resolutions shall be indexed and recorded in the minutes of the City Council or Parish Council meeting at which the resolution was approved.

B. The City Council and Parish Council shall cause each ordinance and each amendment to this charter to be printed or otherwise reproduced promptly following enactment. Such printed or reproduced amendments and ordinances, including codes of technical regulations adopted by reference pursuant to the section on "Codes of Technical Regulations," shall be available in the office of the Clerk of the Council for review by any citizen. Other copies may be distributed to the public at no cost or sold to the public at cost.

Section 2-17. Power to Levy Taxes.

A. The power to perform any service or provide any facility granted to the City of Lafayette, the Parish of Lafayette, and/or the CityParish Government by this charter or by the constitution and general laws of the state shall in all cases carry with it the power to levy taxes and to borrow money within the limits and in accordance with procedures prescribed by the constitution and general laws of the state. The City Council and Parish Council, as the case may be, shall have and are hereby granted all of the authority to levy and collect taxes, to incur debt, and to issue bonds and other evidences of indebtedness, as is now or hereafter conferred on governing authorities of local governments by the constitution and general laws of the state, or as may be hereafter specially conferred by the electors of the parish.

B. Any tax being levied by Lafayette Parish or the City of Lafayette on the effective date of this home rule charter is ratified.

C. All proposals to levy property taxes in excess of that which the constitution authorizes to be levied without a vote of the people shall be submitted to the voters for approval in accordance with the election laws of the state.

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D. All proposals to renew, levy a new or increa~e an existing sa~es and use tax shall be submitted to the voters for approval m accordance with the election laws of the state.

Section 2-18. Powers of Enforcement.

For the purpose of carrying out the powers generally or specially conferred on the City of Lafayette, the Parish of Lafayette, and/or the CityParish Government, the City Council and/or Parish Council, as the case may be, shall have the power to grant franchises, to require licenses and permits and fix the fees to be paid therefor, to charge compensation for any privilege or franchise granted or service rendered, and to provide penalties for the violation of any ordinance or regulation, as provided by law.

ARTICLE III. EXECUTIVE BRANCH

Section 3-01. Executive Authority.

The Mayor-President1 shall be the chief executive officer of the City of Lafayette, the Parish of Lafayette, and the City-Parish Government and shall exercise general executive and administrative authority over all departments, offices and agencies, except as otherwise provided by this charter.

Section 3-02. Election.

The Mayor-President1 shall be elected at large by the qualified voters of the parish according to the election laws of the state for a four ( 4) year term. A person who has served as Mayor-President1 for more than two and one-half terms in three (3) consecutive terms shall not be eligible to qualify as a candidate for Mayor-President1 for the succeeding tenn.

Section 3-03. Qualifications.

A. The Mayor-President1 shall be at least eighteen (18) years of age and a qualified elector of the parish at the time of qualification and shall have been legally domiciled and shall have actually resided within the parish for at least the one ( 1) year immediately preceding the time established by law for qualifying for office.

B. The Mayor-President1 shall continue to be legally domiciled and to actually reside within the parish during the term of office. Should the

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legal domicile and/or actual residence of the Mayor-President1 change from the parish, the office shall automatically become vacant, which vacancy shall be filled as set out hereinafter.

Section 3-04. Forfeiture of Office.

The office of Mayor-President1 shall be forfeited if during the term of office the officeholder: (1) lacks at any time any qualification for the office prescribed by this charter, or (2) is convicted of a felony under state or federal law.

Section 3-05. Vacancy in Office of President.

A. The office of Mayor-President' shall become vacant upon death, resignation, removal from office in any manner authorized by law, forfeiture of office, failure to take office, or as otherwise provided in this charter.

B. A vacancy in the office of Mayor-President' shall be filled in the following manner: the City Council and the Parish Council shall convene a joint meeting, and by resolution adopted by a favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council, shall appoint an acting Mayor-President from among the membership of the City Council or the Parish Council. While serving as acting Mayor-President1

, the appointed member shall not have a vote on his/her respective Council or participate in his/her Council activities.

C. If one ( 1) year or less of the unexpired term remains when the vacancy occurs, the acting Mayor-President' shall serve for the remainder of the term.

D. If the vacancy occurs more than one ( 1) year before the expiration of the term, the acting Mayor-President' shall serve until such time as the office is filled by the vote of the qualified electors voting in an election, which shall be called in the following manner: the City Council and the Parish Council shall convene a joint meeting, and by a favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council, shall call an election for that purpose within fifteen (15) days after the vacancy occurs. The election shall be held according to the timetable and procedures established by state law for the filling of vacancies in elected local offices.

E. If an election is required and the City Council and Parish Council fail to call the election required by Subsection D of this Section

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within fifteen (15) days after the vacancy occurs, the governor of the State of Louisiana shall call the election.

F. If the remainder of the unexpired term exceeds 90 days or if the election to fill the vacancy is scheduled more than ninety (90) days after the vacancy occurs, the seat of the Council member serving as acting MayorPresident 1 shall become vacant and shall be filled as provided in the section, "Vacancy in Council." The person appointed to fill the Council seat of the acting Mayor-President1 shall serve in that position only until such time as I the Mayor-President1 is elected and assumes office. At that time the acting Mayor-President1 shall return to his/her Council.

G. The acting Mayor-President1 shall be eligible to be a candidate for the office ofMayor-President1 at the next election.

H . The acting Mayor-President1 shall receive the same compensation as the Mayor-President1 while serving in that capacity. ·

Section 3-06. Mayor-President's1 Temporary Absence.

A. When the Mayor-President1 is absent from and unavailable to Lafayette Parish for more than 48 hours, the powers and duties of the office of Mayor-President1 shall be exercised by a member of the City Council or Parish Council jointly appointed by the chair of each Council. In the event that the chair of the City Council and the chair of the Parish Council declare that they are unable to agree upon a joint appointment, the powers and duties of the office of Mayor-President shall be exercised by a member of the City Council or Parish Council appointed in the following manner: the City Council and the Parish Council shall convene a joint meeting, and by resolution adopted by a favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council, shall appoint an acting Mayor-President from among the membership of the City Council or the Parish Council. When serving as acting Mayor-President1, the Council member shall not have a vote on his/her Council or participate in his/her Council activities.

B. If a temporary absence of the Mayor-President1 extends to more than thirty (30) consecutive days, the office shall become vacant and shall be filled in accordance with the section on "Vacancy in Office of MayorPresident1 ," except that the City Council and Parish Council, by the favorable vote of at least a majority of the authorized membership of each Council, may authorize a longer absence.

Section 3-07. Mayor-President's1 Disability.

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A. Disability of the Mayor-President1 may be determined either by action of the Mayor-President1 or by action of the City Council and Parish Council, as follows:

(1) Whenever the Mayor-President1 transmits to the Clerk of the Council a written declaration stating inability to discharge the powers and duties of the office, and until the Mayor-President1

transmits to the Clerk of the Council a written declaration to the contrary, the office of Mayor-President1 shall be filled in the same manner as in the section on the "Mayor-President's1

Temporary Absence." (2) Whenever a majority of a panel of three (3) qualified medical

experts, designated by resolution adopted by the favorable vote of at least a majority of the authorized membership of the City Council and Parish · Council, transmits to the Clerk of the Council its written declaration that the Mayor-President1 is unable to discharge the powers and duties of the office, the office of Mayor-President1 shall be filled in the same manner as in the section on "Mayor-President's1 Temporary Absence." The person filling the office shall serve until a panel of three (3) qualified medical experts, designated by resolution adopted by the favorable vote of at least a majority of the authorized membership of the City Council and Parish Council, transmits to the Clerk of the Council its unanimous written declaration that the Mayor-President's1 disability has ended. The medical experts shall review the Mayor-President's 1 disability at least once every three (3) months until such time as it has been determined that the disability has ended by a unanimous vote of the three (3) medical experts.

B. Should the Mayor-President', due to disability, be unable to discharge the powers and duties of the office for a period exceeding six ( 6) consecutive months, the City Council and Parish shall have the authority upon the favorable vote of at least a majority of the authorized membership of the City Council and the Parish Council to declare the office of MayorPresident 1 vacant due to disability or to extend the disability for a period not to exceed an additional six (6) consecutive months. Provided, however, that the City Council and Parish Council shall jointly hold a public hearing on the issue before any such actions.

C. The acting Mayor-President1 shall receive the same compensation as the Mayor-President' while serving during the disability period.

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D. The acting Mayor-President1 shall not have a vote on his/her Council or participate in his/her Council activities. During the absence of the acting Mayor-President1 from the City Council or Parish Council, the remaining members of that Council shall, by majority vote, appoint a person meeting the qualifications for that office to serve until such time as the acting Mayor-President1 returns to his/her Council.

E. If an election for Council Members occurs during the time one of its members is serving as acting Mayor-President1

, the Council member serving as acting Mayor-President1 shall be eligible to seek election to either Council from any district for which the member is qualified. The person appointed to serve on the Council in the absence of the Council member serving as acting Mayor-President1 shall be eligible to be a candidate for the acting Mayor-President's Council seat at that election.

Section 3-08. Compensation. 4

A. The salary of the Mayor-President1 shall be seventy-five thousand dollars ($75,000) per year. By favorable vote of at least a majority of the authorized membership of the City Council and the Parish Council, the City Council and Parish Council, may, by ordinance of each, increase the salary of the Mayor-President' during the term for which elected. The total of all salary increases during a term shall not exceed ten (10) percent of the salary at the beginning of the term.

B. The Mayor-President1 shall be eligible for health and hospital insurance and retirement benefits which are available to employees of the City-Parish Government.

C. The Mayor-President1 shall, upon presentation of properly documented receipts, be reim.bursed for reasonable expenses incurred in carrying out the official duties of the office.

4 Section 3-08 (a): Salary Increases for Mayor-President1:

0-387-97 (11-16-97) 2% or $76,500 annually 0-225-98 (09-30-98) 5% or $80,325 annually 0-232-99 (09-30-99) 2% or $81,932.56 annually 0-186-02 (09-26-02) 3% or $84,389.52 annually 0-184-03 (09-25-03) 4% or $87,765.12 annually 0-178-04 (09-30-04) 2% or $89,520.42 annually 0-214-05 (09-29-05) 2% or $91,310. 76 annually 0-151-06 (09-28-06) 4% or $94,963 annually 0 - 170-07 (09-27-07) 1.66% or $96,542 annually 0-143-2008 (09-30-08) authorized to I 0% ($9,653.20) for term of office 0-153-2013 (09-13-13) 3.5% or $109,900.34 annually 0-140-2014 (09-1 1-14) 6.5% or $117,043 .89 annually 0-170-2015 (09-03-15) 8.33% or $126, 768.00 annually

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Section 3-09. Powers and Duties of the Mayor-President1•

A. The Mayor-President' as chief executive officer of the City of Lafayette, Parish of Lafayette, and City-Parish Government shall have the following powers and duties:

( 1) See that all laws, provisions of this charter and acts of the City Council and/or Parish Council, subject to the MayorPresident's 1 direction and supervision, are faithfully executed.

(2) Appoint and suspend or remove for just cause all City of Lafayette, Parish of Lafayette and/or City-Parish Government employees and appointive administrative officers provided for by or under this charter, except as othe1wise provided by this charter or other personnel rules adopted pursuant to this chai1er. The Mayor-President1 may authorize any administrative officer who is subject to the Mayor-President's1 direction and supervision to exercise these powers with respect to subordinates in the officer's department, office or agency.

(3) Direct and supervise the administration of all departments, offices and agencies, except as otherwise provided by this cha11er.

(4) Prepare and submit the annual operating budget and five (5) year capital improvement budget to the City Council and Parish Council.

(5) Sign contracts for projects, equipment, non-professional services and materials and supplies specifically identified in the approved operating and capital improvement budgets or as specifically identified by ordinance. In accordance with pertinent provisions of this charter, including, but not limited to, Sections 1-06, 2-01, and 2-11, contracts for projects, equipment, nonprofessional services or materials and supplies not so identified shall be submitted to the City Council, the Parish Council, or both, as appropriate, for approval.

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(6) Sign contracts for professional services only after receiving recommendations from a professional services review committee created jointly by ordinance(s) by favorable vote of at least a majority of the authorized membership of the City Council and the Parish Council. The professional services review committee shall consist of five (5) members, one (1) to be appointed by the Mayor-President 1, one ( 1) to be appointed by the City Council, one ( 1) to be appointed by the Parish I Council, one (1) to be the Director of the Public Works Department, and one ( 1) to be the Director of the Utilities Department.

(7) Submit to the City Council and Parish Council and make available to the public, within one hundred twenty (120) days ·after the end of ·the fiscal year, a complete report ·on the finances and administrative activities of the City of Lafayette, the Parish of Lafayette, and the City-Parish Government as of the end of each fiscal year.

(8) Make such other reports as the City Council or Parish Council may reasonably request to enable either Council to conduct its functions.

(9) The Mayor-President' or designee shall attend all meetings of the City Council and Parish Council and keep each Council fully advised as to the financial condition and future needs of the City of Lafayette, the Parish of Lafayette, and the CityParish Government and make such recommendations to each Council concerning their affairs as deemed desirable.

(10) Perform such other duties as are specified in this charter or may I be required by the City Council or Parish Council, not inconsistent with this charter.

Section 3-10. Prohibitions.

A. The Mayor-President' shall be a full-time official and shall hold no other elected public nor any compensated appointive City-Parish Government office or employment during the term of office for which elected and shall hold no compensated appointive City-Parish Government office or employment until one (1) year after expiration of the term for which elected. The Mayor-President1 shall not engage in any activity unrelated to City of Lafayette, Parish of Lafayette, and/or City-Parish Government business that would interfere with or detract from the performance of duties as Mayor-President'.

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B. Nothing in this section shall prohibit the Mayor-President' from serving as an elected member of a political party committee, charter commission or constitutional convention.

C. These provisions shall not apply to a Council member serving as acting Mayor-President1

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ARTICLE IV. ADMINISTRATION

Section 4-01. General Provisions.

A. Except as otherwise provided by this charter, all departments, offices and agencies shall be under the direction and supervision of the Mayor-President1

• The directors of all departments created by or under this charter shall be appointed by the Mayor-President1 and shall serve .. at the pleasure of the Mayor-President1

, except as otherwise provided by this cha11er.

B. The salaries of the directors of the departments appointed by the Mayor-President1 shall be set by the Mayor-President1

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Section 4-02. Chief Administrative Officer.

A. The chief administrative officer shall, subject to the direction of the Mayor-President1

, supervise all departments, offices and agencies under the direction and supervision of the Mayor-President1 except the legal department, and perform such other functions as may be directed by the Mayor-President1

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I Section 4-03. Legal Department.

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A. The director of the legal department shall be the City-Parish attorney who shall be appointed by the Mayor-President1

• Such appointment shall be subject to approval by a favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council.·

B. The City-Parish attorney shall be an attorney licensed to practice in the courts of Louisiana, shall have at least five (5) years' continuous practice of law and shall be a resident of the parish for at least two (2) years prior to the date of appointment.

C. The City-Parish attorney shall serve as chief legal adviser to the Mayor-President1

, City Council, Parish Council, and all depa11ments, offices and agencies; represent the City of Lafayette, the Parish of Lafayette, and

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the City-Parish Government in all legal proceedings; and perform other duties prescribed by this charter or by ordinance.

D. The City-Parish Attorney may engage Assistant City-Parish Attorneys to assist in carrying out the duties of his/her office. The Assistant City-Parish Attorneys shall be appointed by and serve at the pleasure of the City-Parish Attorney.

E. No special legal counsel shall be retained by the City of Lafayette, the Parish of Lafayette, and/or the City-Parish Government except by written contract for a specific purpose approved by the favorable vote of a majority of the authorized membership of the City Council, the Parish Council, or both, depending upon the subject matter of the engagement and in accordance with pertinent provisions of this charter, including, but not limited to, Sections 1-06, 2-01, and 2-11 . Such authorization shall specify the compensation, if any, to be paid for such services.

Section 4-04. Finance Department. 5

A. The director of the finance department shall direct and be responsible for:

(I) Collection (except where specifically otherwise provided for by law) and custody of all monies of the City-Parish Government from whatever source.

(2) Assistance to the Mayor-President1 in the preparation of the annual operating budget and the capital improvement budget.

(3) Maintenance of a record of indebtedness and the payment of the principal and interest on such indebtedness.

( 4) Ascertaining that funds are available for payment of all contracts, purchase orders and any other documents which incur a financial obligation for the City-Parish Gove1nment, and that such documents are in accordance with established procedures.

(5) Disbursement of City-Parish funds. (6) Administration of a uniform central accounting system for all

City-Parish departments, offices and agencies, using nationally accepted standards where applicable.

(7) Preparation of a monthly statement of revenues and expenditures which shall be completed and made available for

5 Section 4-04: Finance Department abolished and Associate CAO-Finance & Management placed under

CAO's office. (0-144-98; 05-26-98) Finance Department re-established with an unclassified Director entitled Chief Financial Officer.

(0-020-2011; 02-01-11)

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public inspection not later than thirty-one (31) days after the end of each month.

(8) Procurement of all personal property, materials, supplies and services required by the City-Parish Goyernment under a central purchasing system for all departments, offices and agencies in accordance with applicable state law, City Council and/or Parish Council policy and administrative requirements.

(9) Investment of idle funds, as permitted by law, so as to receive the maximum rate of return.

( 10) Utility billing and collection.6

( 11) Other such activities as may be directed by the MayorPresident 1.

Section 4-05. Administrative Services Department. 7

A. The director of the administrative services department shall direct and be responsible for:

( 1) Personnel matters for employees other than those under the jurisdiction of the civil service director and civil service board. Responsibilities shall include but not be limited to personnel policies, employee relations, employee counseling and unemployment and worker's compensation reports and hearings.

(2) Data processing, records management, microfilming, printing, copier services and related administrative services. 8

(3) Developing and implementing a communications system. ( 4) Risk management, insurance and safety programs. ( 5) Maintenance of an inventory of all property, real and personal. 9

(6) Other such activities as may be directed by the Mayor-President 1•

Section 4-06. Public Works Department.

A. The director of the public works department shall direct and be responsible for:

6 Section 4-04( I 0): Duties of Utility billing & collection transferred to Department of Utilities. (0-144-98; 05-26-98)

7 Section 4-05: Administrative Services Department abolished and the divisions were transferred to LCG CAO's Office, Finance & Management, and JS&T. (0-159-2012; 09-13-12)

8 Section 4-05 A(2): Created Department of Information Services Technology. (0-253-2004; 11-02-04) 9 Section 4-05 A(5): Maintenance of inventory property transferred to Finance Department. (0-011-96;

06-03-96)

(1)

(2)

(3)

(4) (5)

(6) (7)

(8)

(9) (10) (11)

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Engineering services for all departments and agencies, except as may be otherwise provided by the utilities department. Supervision of all contract construction work except as may be provided by the utilities department. Maintenance of City of Lafayette, Parish of Lafayette, and/or City-Parish Government property. Mapping and surveying. Construction and maintenance performed by the City-Parish Government on roads, sidewalks, bridges and drainage facilities. Tffi

.. 10 ra ic engmeermg.

Garbage and trash collection and disposal, and other environmental services. Operation of a central facility for the repair and maintenance of City of Lafayette, Parish of Lafayette, and/or City-Parish Government vehicles and equipment. Animal control. 11

Operation of the transit system. 12

Other such activities as may be directed by the MayorPresident 1.

Section 4-07. Utilities Department.

A. The governing authority of the utilities department, the Lafayette Public Power Authority, and the Division of Communications Services and its successors shall be the City Council. In the event of a reorganization of any division or function of the utilities department, whereby said division(s) or function(s) is/are relocated and/or restructured within another depa1tment or as its own department, the governing authority of the reorganized division, function, and/or department shall remain the City Council.

B. The director of the utilities department shall be appointed by the Mayor-President1

, subject to approval by the City Council, in accordance with provisions included in current or future bond resolutions and covenants.

10 Section 4-06 A(6): Traffic Engineering duties from Public Works to separate department. (0-144-98;

05-26-98) 11 Section 4-06 A(9): Duties of animal control transferred to Police Department. (0-0 I 1-96; 06-03-96)

Duties of animal control transferred to Office of Emergency Operations & Security. (0-170-2007; 09-27-07) .

12 Section 4-06 A( I 0): Operation of Transit System from Public Works to Traffic & Transportation. (0-144-98; 05-26-98)

Operation of Transit System returned to Public Works. (0-153-2013; 09- 12-13)

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C. The director of utilities shall direct and be responsible for: (I) Production and distribution of electricity. (2) Water production, treatment and distribution. (3) Sewerage collection, treatment and disposal. ( 4) Utility engineering services. ( 5) Supervising contract construction work for the utility system. ( 6) Maintaining utility equipment in cooperation with the central

garage. (7) Reading of utility meters. (8) Other such activities as may be directed by the Mayor

President 1 and the City Council which are necessary or incidental to the operation of the utility system. 13

D. Nothing in this charter shall in any manner affect franchises and contracts in · existence at the time this charter becomes effective for the remaining life of the aforementioned franchises and contracts.

E. The City Council, by ordinance, may expand the area of end user electric service only into areas authorized by R.S. 45: 123 or other controlling state law, or into areas annexed into the City of Lafayette.

F. The utility department shall function in accordance with conditions included in current or future bond resolutions and covenants except that the reference to "city" and/or "Lafayette Public Utilities Authority'' ("LPUA") therein shall refer to the City Council.

G. Funds paid by the utility to the City-Parish in lieu of taxes shall be used only for programs and services within the City of Lafayette.

H. The City Council, in its capacity as the governing authority of the utilities department, shall be the sole legislative body to fix rates, incur indebtedness, approve the utility budget, and approve proposals for the improvement and extension of the utilities.

I. A person residing in an area served by the utility department may appeal to the City Council any proposed rate increases or issuance of bonds. The decision of the City Council shall be final subject to appeal to the appropriate courts.

Section 4-08. Utility System, Sale or Lease.

A. The City of Lafayette shall not sell, lease or in any manner dispose of the utility system or any substantial part thereof, including any contract whereby an entity would purport to manage any substantial part of the utility system, without approval by a majority vote of the qualified

13 Section 4-07 C(8): Division of Communication Services is hereby created within Utilities (0-263-2004; ( 11 -1 6-04)

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electors residing within the boundaries of the City of Lafayette voting in an election called for that purpose. Such an election shall only be called by a two-thirds vote of the authorized membership of the City Council, acting in its capacity as the governing authority of the utilities department. This shall not be construed to prevent the disposal, with the approval of the consulting engineers, of property which has become obsolete, unserviceable and not necessary for the efficient operation of the utility system. The proceeds of the sale of such property shall be used to purchase or construct other capital improvements for the utility system. 'I

B. Any measure presented to the voters in the manner described in Section 4-08(A) shall require that the proceeds derived from the sale, lease, disposal of all or any substantial part of the utility system, or any contract to manage any substantial part thereof, shall be used for capital improvements in the City of Lafayette.

Section 4-09. Planning, Zoning and Codes Department.14

A. The director of the planning, zoning and codes department shall be appointed by the Mayor-President1 from one or more qualified nominees submitted by the City Planning and Zoning Commission and the Parish Planning and Zoning Commission. The director shall direct and be responsible for the following activities:

( 1) Function as staff of the City Planning and Zoning Commission and the Parish Planning and Zoning Commission.

(2) Maintenance of zoning maps and other maps related to the functions of the department.

(3) Coordination of planning activities. (4) Issuance and enforcement of building permits and the conduct

and approval of building inspections. 15

(5) Other such activities as may be directed by the MayorPresident 1•

Section 4-10. Planning and Zoning Commissions. 16

A. There shall be a City Planning and Zoning Commission (the "City Commission"), which shall consist of five (5) members appointed by

14 Section 4-09: Planning, Zoning & Codes Department renamed Planning, Zoning & Development

Department. (0-153-2013 ; 09-12-13) 15

Section 4-09: Transfer duties of Housing Inspection and Codes Compliance to the Planning, Zoning, and Codes Department14

. (0-175-2009; 09-15-09) 16

Section 4-10: Planning & Zoning Commission membership increased trom five (5) to seven (7) approved by parish wide elei;:tion on 11-21-2015.

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the City Council for five (5) year staggered terms as determined by the City Council. Members of the City Commission shall be qualified electors residing within the corporate limits of the City of Lafayette. Vacancies shall be filled by the City Council.

B. There shall be a Parish Planning and Zoning Commission (the "Parish Commission"), which shall consist of five (5) members appointed by the Parish Council for five (5) year staggered terms as detennined by the Parish Council. Members of the Parish Commission shall be qualified electors residing within the Parish of Lafayette. Vacancies shall be filled by the Parish Council.

C. The staff of the planning, zoning and codes department14 shall serve as staff for the City Commission and the Parish Commission.

D. The City Commission shall constitute a city planning and zoning commission in the corporate limits of the City of Lafayette. Except as otherwise provided by this charter, the City Commission shall have all the powers and duties conferred or imposed . on city planning and zoning commissions by the general laws of the state.

E. The Parish Commission shall constitute a parish planning and zoning commission in that portion of Lafayette Parish outside the corporate limits of the City of Lafayette. Except as otherwise provided by this charter, the Parish Commission shall have all the powers and duties conferred or imposed on parish planning and zoning commissions by the general laws of the state.

F. Whenever the City Commission recommends to the City Council a zoning plan for the City of Lafayette, including the text of a zoning ordinance and the accompanying map or maps, the City Council may, by ordinance, divide the City of Lafayette into districts or zones of such number, shape and area as it may determine, and for such purposes may regulate the erection, construction, conversion, alteration, and uses of buildings and structures and the uses of land.

G. Whenever the Parish Commission recommends to the Parish Council a zoning plan for the Parish of Lafayette, including the text of a zoning ordinance and the accompanying map or maps, the Parish Council may, by ordinance, divide the Parish of Lafayette into districts or zones of such number, shape and area as it may determine, and for such purposes may regulate the erection, construction, conversion, alteration, and uses of buildings and structures and the uses of land.

H. Appeals from decisions of the City Commission shall be to the City Council. Appeals from decisions of the Parish Commission shall be to the Parish Council . The decision of the City Council or Parish Council shall be final , subject to appeal to the appropriate court.

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I. The City Commission and the Parish Commission shall review the capital improvement budget prepared by the Mayor-President' and, prior to submission of the budget to the City Council and Parish Council, shall advise the Mayor-President1 as to the conformance or nonconformance of the budget to the master plan for the consolidated government.

J. This section shall not apply to municipalities in the parish which are not a part of the City-Parish Government, except that a municipality, by contract, may participate in the master plan.

Section 4-11. Parks and Recreation Department.

A. The director of the parks and recreation department shall direct and be responsible for:

(I) Parks and playgrounds. (2) Recreational activities. (3) (4)

Other leisure time activities. Other such activities as may be directed by the MayorPresident 1•

Section 4-12. Community Development Department.

A. The director of the community development department shall direct and be responsible for:

( I) Developing a program of economic development in the parish. (2) Promoting trade with foreign countries and businesses in the

parish. 17

(3) Cooperating with the state and other governments in the development and implementation of economic development, housing and human services programs.

( 4) Cultural activities and facilities . (5) Preparation of all intergovernmental grant applications on

behalf of the City of Lafayette, the Parish of Lafayette, and/or the City-Parish Government and informing departments, offices and agencies of all relevant local, state and federal programs. 18

17 Section 4-12 A(2): Promoting trade with foreign countries and businesses in the parish transferred under

CAO's office. (0-068-96; 09-24-96) 18

Section 4-12 A(5): Transfer various duties of the Criminal Justice Support Services to the Community Development Department. (0-175-2009; 09-15-09)

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( 6) Other such activities as may be directed by the MayorPresident 1•

Section 4-13. Police Department.19

A. The governing authority of the Police Department shall be the City Council. The director of the police department shall be the chief of police who shall be appointed by the Mayor-President1 in accordance with applicable state police civil service law.

B. The chief of police shall direct and be responsible for the preservation of public peace and order, prevention of crime, apprehension of criminals, assistance to the com1s and other law enforcement officials, and the enforcement of all laws applicable in the police protection urban services district consisting of the geographic limits of the City of Lafayette, as provided in the section on "Urban Services Districts." C. Law enforcement personnel of the police protection urban services district shall be a part of the police civil service system as provided by state law.

Section 4-14. Fire Department.

A. The governing authority of the Fire Department shall be the City Council. The director of the fire department shall be the fire chief who shall be appointed by the Mayor-President1 in accordance with applicable state fire civil service law.

B. The fire chief shall direct and be responsible for fire prevention, fire extinguishment and salvage operations, inspection and recommendations concerning the fire code, investigations of fires and their causes, and the conduct of the fire safety and prevention program in the fire protection urban services district consisting of the geographic limits of the City of Lafayette, as provided in the section on "Urban Services Districts."

C. The fire chief shall cooperate with the volunteer and private fire departments in the parish.

D. Fire personnel of the fire protection urban services district shall be members of the firemen's civil service system as provided by state law.

Section 4-15. Civil Service System.

19 Section 4-13: Reorganize Police Department - Comstat reorganization - divided city into districts to create precincts. (0-214-2005; 09-29-05)

Transfer duties of Alcohol Traffic Action Campaign and noise control to the Police Department. (0-175-2009; 09-15-09)

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A. It shall be the policy of the City-Parish Government to employ those persons best qualified to perform the functions of the City-Parish Government and to foster effective career service in City-Parish Government. All appointments and promotions in the service of the CityParish Government and of each of its departments, offices and agencies shall be made on the basis of merit and fitness, which shall be determined, insofar as practicable, by competitive test, except that the following shall not be subject to the provisions of this section.

(1) All elected officials. (2) All department heads except the civil service director. (3) Members of advisory boards, administrative boards and other

unpaid bodies who are not City-Parish Government employees. ( 4) Organizations and their employees and other persons who are

employed by the City of Lafayette, the Parish of Lafayette, and/or the City-Parish Government on a contractual basis.

(5) City-Parish attorney and legal assistants. (6) Executive secretary to the Mayor-President1 and any

administrative assistants to the Mayor-President1•

(7) Chief administrative officer and executive secretary to the chief administrative officer.

(8) Part-time or temporary employees. (9) Employees appointed directly by the City Council or Parish

Council. B. The appointment and dismissal of City-Parish Gove1nment

employees subject to this section shall be by the Mayor- President1, or designee, in accordance with the provisions of this section.

C. There shall be a civil service department, which shall receive annual funding for salaries, administrative expenses, office space, furnishings and equipment in order to carry out the department's function as provided by this charter. It shall consist of a classified civil service director, who shall be the executive head of the department, staff personnel and a civil service board, which shall be policymaking and quasi-judicial in nature.

(I) The civil service director shall be appointed by the civil service board. The civil service director shall be qualified and experienced in personnel administration and shall be responsible to the board for the administration of the classified civil service system for the City-Parish Government, including all City-Parish departments, offices, and agencies in accordance with civil service rules adopted pursuant to this section.

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(2) The civil service board shall consist of five (5) electors of Lafayette Parish who hold no other public office or position in the City-Parish Government and who have resided within the parish for at least two (2) years. Members of the board shall serve without compensation.

(3) Except pursuant to Subsection (C)(7) of this Section, no employee of the City-Parish Government shall be eligible for appointment to the civil service board.

( 4) The first members shall be appointed for terms of one ( 1 ), two (2), three (3), four (4) and five (5) years as determined by the City-Parish Council. Thereafter appointments shall be for four ( 4) year terms.

(5) The City Council shall appoint two (2) members of the board as follows: a. One ( 1) from a list of three (3) nominees, different from

the list of nominees submitted pursuant to Subsection (C)(6)(a) of this Section, by the President of the University of Louisiana at Lafayette.

b. One (1) from a list of three (3) nominees by the President of the Southern University System.

(6) The Parish Council shall appoint two (2) members of the board as follows: a. One ( 1) from a list of three (3) nominees, different from

the list of nominees submitted pursuant to Subsection (C)(5)(a) of this Section, by the President of the University of Louisiana at Lafayette.

b. One (1) from a list of three (3) nominees by the President of the Louisiana State University System.

(7) The employees of the City-Parish Government shall appoint one (1) board member, chosen as follows: a. Any employee of the City-Parish Government may

submit his/her name for consideration in an election to be held for the purpose of determining the employees' appointment to the board. There shall be no limit on the number of candidates in the employee election.

b. The employees of the City-Parish Government shall vote in an election called for the purpose of determining the board appointee. The nominee receiving the most votes will become a Board member and serve a four ( 4) year term.

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(8) Within sixty (60) days after a vacancy of a board position appointed by either the City Council or the Parish Council, the nominating authority concerned shall submit the required nominations. Within sixty (60) days thereafter the Council with appointing authority for that vacant position shall make the appointment. If that Council fails to appoint within sixty (60) days, the nominee whose name is first on the list of nominees shall become a member of the board. If one of the nominating authorities fails to submit nominees in the time required, the President of the Acadiana Personnel Managers Association shall select the three (3) nominees. If one of the named nominators ceases to exist, the Council with appointing authority for that vacant position shall choose the President of an accredited college or university within Louisiana·to replace the nominator. The outgoing board member shall serve on the board until replaced by the newly appointed member. Within sixty (60) days after a vacancy of the board position appointed by the employees of the City-Parish Government, the employees shall appoint a new board member in accordance with Subsection (C)(7) of this Section.

(9) Whenever the term of a board member expires or there is a vacancy in an unexpired term, the vacancy shall be filled by appointment in accordance with the procedures of the original appointment, and from the same source.

(10) A member of the civil service board may be removed by the Council with appointing authority for that position for cause after being served with written specifications of the charges and being afforded an opportunity for a public hearing thereon by that Council.

D. The duties of the civil service director shall include, but shall not be limited to the following:

(I) To develop and, upon adoption, to administer a position classification plan which shall provide for the classification of all positions on the basis of duties and responsibilities of each position. The classification plan shall be submitted to the civil service board, and it shall become effective upon approval by the civil service board after public hearing.

(2) To develop and, upon adoption, to administer a salary plan for all positions in City-Parish Government. Such salary plan shall be submitted to the civil service board, which, after public

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hearing, shall submit it, together with such amendments as it deems necessary, to the City Council and the Parish Council for joint adoption or rejection, except that the salary plans for a component unit of the City-Parish Government that is funded solely by the City of Lafayette shall be submitted solely to the City Council for adoption or rejection, and the salary plans for a component unit of the City-Parish Government that is funded solely by the Parish of Lafayette shall be submitted solely to the Parish Council for adoption or rejection.

(3) To prepare civil service rules to carry out the provisions of this section. These rules shall be submitted to the civil service board, which, after public hearing, shall make amendments as it deems necessary. These rules shall become effective upon approval by the civil service board and shall have the full force of law. Such rules shall apply to all City-Parish departments, offices, agencies and special districts covered by this section and shall provide for: a. Policies and procedures for the administration of the

classification plan. b. Policies and procedures for furnishing fonns and records

to civil service from the appointing authority. c. Policies and procedures for the administration of the

salary plan. d. Policies and methods for holding civil service tests to

determine the merit and fitness of candidates for all

e. regular position appointments. The establishment and maintenance of lists of persons eligible for appointment by reason of successful participation in competitive tests and procedures for the certification of persons from eligible lists for filling vacancies.

f. The procedure for layoffs, suspension, demotion, and dismissal of employees. Public hearings before the civil service board shall be held in cases of demotion or dismissal of permanent employees.

g. Hours of work, attendance regulations, leaves of absence with or without pay, working test periods and temporary appointments.

h. Prohibition against political activity of employees and assessment for political purposes.

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i. Other policies, practices, and procedures necessary for the administration of the City-Parish Government classified civil service system.

E. The civil service board shall review and adopt the classification plan, the pay plan proposal, and the personnel rules and in addition thereto shall:

( 1) Conduct investigations and take action on complaints by or against any employee in the classified service. Although it is incumbent upon the appointing authority to initiate corrective or disciplinary action, if warranted, in the absence of such action by the appointing authority the board may take such action as it deems necessary.

(2) Hold hearings on dismissals, demotions, and other disciplinary matters as may be provided in the rules. The right to· appeal from any decision of the board, or from any action taken by the board under these provisions, shall lie direct to the court of original and unlimited jurisdiction in civil suits for Lafayette Parish.

(3) Exercise witness and record subpoena powers. ( 4) Make any investigations it deems desirable concerning civil

service management in the City-Parish Government and report its findings to the City Council and the Parish Council.

(5) Perform such other policymaking or quasi-judicial duties as may be required under the rules developed pursuant to this section.

(6) Make, alter, amend and promulgate rules necessary to carry out effectively the classified civil service system.

F. No member of the civil service board, or employee covered under this section, shall participate or engage in political activity; be a candidate for nomination or election to public office or be a member of any national, state, or local committee of a political party or faction; make or solicit contributions for any political party, faction, or candidate; or take active part in the management of the affairs of a political pa11y, faction, candidate, or any political campaign, except to exercise rights as a citizen to express opinions privately, to serve as a commissioner or official watcher at the polls, and to cast a vote as desired.

(1) No person shall solicit contributions for political purposes from any classified employee or use or attempt to use a position in City-Parish Government to punish or coerce the political action of a classified employee.

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(2) As used in this Part, [the term] "political activity" means an effo1t to support or oppose the election of a candidate for political office or to support a particular political party m an election.

G. Rules and regulations, classification plans, and pay plans presently in effect for the employees of the City of Lafayette and Lafayette Parish shall remain in effect until rules and regulations under this section have been approved by the civil service board.

H. Any person holding a full-time position subject to this section on its effective date who has served as an employee of the City of Lafayette or Lafayette Parish for at least one year prior thereto shall continue in that position without competitive test but shall be subject in all other respects to this section.

I. The provisions of this section shall prevail if conflicts are found between this section and other laws of the City-Parish Government.

Section 4-16. Other Departments.20

20 Section 4-16: Creation of Traffic & Transportation Department (0-144-98; 5-26-98) Creation of Juvenile Detention Department (0-165-98; 06- I 6-98) Creation of Department of Information Services Technology within Administrative Services Division

(0- 178-2004; 9-30-04) Creation of Division of Communication Services within Utilities Department (0-263-2004; 9-30-04) Reorganization within the Lafayette Juvenile Detention Home (0-019-2008; 01-22-08) Traffic & Transportation Department reorganized as a division of the Public Works Department

(0-153-2013; 09-12-13) 21 Section 4-17: The Lafayette Juvenile Detention Home (JOH) is recognized as a division of LCG Office

of the Chief Administrative Officer (0-055-2006; 03-21-06) Reorganization of Traffic and Transportation Department to add a new Electronic Enforcement Division

(0-041-2008; 02-20-08) Criminal Justice Support Services (CJSS) Administrator - no longer needed (0-175-2009; 09-15-09) Information Services & Technology - moved Information Services Technology Supervisor under Chief

Information Officer (0-293-2011 ; 12-06-11) Chief Development Officer (CDO) Section created (0-153-2013; 09-12-13) Finance- eliminate a management position & creating two (2) supervisors - Group Insurance Supervisor

and Risk Management Supervisor (0-253-2013; 12-03-I3) Chief Development Officer (COO) Section abolished (0-015-2016; 02-02-16) Information Services & Technology - absorbed two (2) divisions from the former Administrative

Services Department - Records Management and Printing and Communications (0-159-2012; 09-13-12)

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Except as otherwise provided by this charter, all City of Lafayette and Lafayette Parish Government departments, offices, agencies and functions in existence on the effective date of this charter shall continue in existence as organized on that date until reorganized in accordance with the section on "Administrative Reorganization."

Section 4-17. Administrative Reorganization.21

A. The Mayor-President1 may propose the creation, change, alteration, consolidation or abolition of City-Parish departments, offices and agencies and/or the reallocation of the functions, powers, duties and responsibilities of such departments, offices or agencies, including those provided for in this charter. Any proposed · plan of reorganization for a component unit of the City-Parish Government that falls within any part of the criteria (except for employee benefits, unless employee benefits are directly changed by the proposed reorganization) of Section 2-11(E)(1) and/or (2) of this charter, or for a proposed component unit of the CityParish Government that would fall within any part of such criteria if adopted, shall be submitted to both the City Council and the Parish Council for adoption or rejection by a majority of the authorized membership of each Council. Otherwise, the proposed plan of reorganization shall be submitted only to the council that has legislative power over the component unit(s) of the City-Parish Government sought to be reorganized by the plan.

B. Upon receipt of the Mayor-President's1 proposed plan of reorganization submitted in accordance with Subsection A of this Section, the chair of the City Council and/or the Parish Council, or both, as the case may be shall cause to be introduced an ordinance to implement the proposed reorganization plan. The ordinance shall follow the same procedure as provided in the section on "Ordinances in General" of this charter.

C. The reorganization plan submitted by the Mayor-President1 in accordance with Subsection A of this Section shall become effective if the Council(s) fail(s) to act on the proposed reorganization within sixty (60) days of its submission to the Council(s).

D. This section shall not apply to the department of civil service. Changes in the structure, functions, powers, duties and responsibilities of the department of civil service shall be by amendment to this charter.

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ARTICLE V. FINANCIAL PROCEDURES

Section 5-01. Fiscal Year. 22

The fiscal year of the City of Lafayette, the Parish of Lafayette, and the City-Parish Government shall be November 1 through October 31, subject to change by ordinance by a favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council.

Section 5-02. Operating Budget Preparation and Adoption.

A. · At least ninety (90) days prior to the beginning of each fiscal year, the Mayor-President1 shall submit to the City Council and the Parish Council a proposed operating budget in the form required by this chatter. Once submitted to the City Council and the Parish Council, the Clerk of the Council shall cause to be issued a notice of a joint public hearing of the City Council and the Parish Council and shall cause to be published in the official journal, at least ten (10) days prior to the date of such hearing, the time and place thereof, a general summary of the proposed budget and the times and places where copies of the proposed budget are available for public inspection. At the time and place so advertised, the City Council and the Parish Council shall hold a joint public hearing on the budget as submitted. Changes in the proposed operating budget shall be by the favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council. The budget shall be finally adopted in a joint meeting of the City Council and the Parish Council, by the favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council, not later than thirty (30) days prior to the commencement of the new fiscal year. Upon final adoption, the budget shall be in effect for the budget year and copies shall be filed with the Clerk of the Council. The budget as finally adopted shall be reproduced and sufficient copies shall be made available for use by all offices, departments and agencies of the City-Parish Government. Copies shall be available for public use in the main branch of the public library and in the office of the Clerk of the Council. Additional copies may be purchased at cost.

22 Section 5-0 I: Fiscal year change from "January I through December 31" to "November I through October 31" (0-009-96; 06-03-96)

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B. Upon failure of the City Council and Parish Council to jointly adopt a budget before the end of the current fiscal year, the budget for the cunent fiscal year shall continue in effect for no more than six ( 6) months into the next fiscal year and expenditures shall be limited to no more than fifty (50) percent of the amount appropriated for the current fiscal year.

Section 5-03. The Operating Budget Document.

The operating budget for the City-Parish Government shall present a complete financial plan for the ensuing fiscal year and shall consist of at least three (3) parts as follows:

Part I shall contain: ( 1) a budget message, prepared by the MayorPresident 1, which shall outline the proposed fiscal plan for the City-Parish Government -and describe significant features of the budget for the forthcoming fiscal period; and (2) a general budget summary which, with supporting schedules, shall show the relationship between total proposed expenditures and total anticipated available funds for the forthcoming fiscal period and which shall compare these figures with corresponding actual figures for the last completed fiscal year and estimated figures for the year in progress.

Part II shall contain: (1) detailed estimates of all proposed expenditures, showing the corresponding estimated expenditures for each item for the current fiscal year and actual figures for the last preceding fiscal year with explanations of increases or decreases recommended related to performance standards or workload measurements, to the extent of availability of such information; (2) manning or organizational tables for each of the departments, agencies or programs; (3) detailed estimates of all anticipated revenues and other income, showing the corresponding estimated revenue or income for each item for the current fiscal year and actual figures of the last preceding fiscal year with explanations of increases or decreases; ( 4) delinquent taxes for current and preceding years, with the estimated percentage collectible:[;] (5) statement of the indebtedness of the City-Parish Gove1nment, showing debt redemption and interest requirements, debt authorized and unissued, and conditions of the sinking funds; and ( 6) such other information as may be requested by either the City Council or the Parish Council. The total of proposed expenditures shall not exceed the total of estimated revenues and other funds legally available for expenditure.

Part III shall contain a proposed complete draft of the appropriation ordinance. All appropriations shall be by department and/or programs.

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Section 5-04. Amendments to Operating Budget.

A. Amendments to the operating budget, such as supplemental appropriations, emergency appropriations, reduction of appropriations, and transfer of appropriations, shall be adopted by the favorable vote of a majority of the authorized membership of each of the City Council and the Parish Council, except that an amendment to the operating budget for a line item of the operating budget or component unit of the City-Parish Government that is funded solely by the City of Lafayette shall be submitted solely to the City Council for adoption, and an amendment to the operating budget for a line item of the operating budget or component unit of the CityParish Government that is funded solely by the Parish of Lafayette shall be submitted solely to the Parish Council for adoption.

B. Supplemental Appropriations: If during the fiscal year the Mayor-President1 certifies that there are available for appropriation funds in excess of those estimated in the operating budget, the Mayor-President1 may present a supplement to the budget for the disposition of such funds, and the appropriate Council( s ), in accordance with Subsection A of this Section, by ordinance(s) may make supplemental appropriations for the year up to the amount of such excess in the same manner required for adoption of the budget.

C. Emergency Appropriations: To meet a public emergency affecting life, health, property or the public peace, the appropriate Council(s), in accordance with Subsection A of this Section, may make emergency appropriations. Such appropriations shall be made by emergency ordinance( s) in accordance with the provisions of this charter. To the extent that there are no available unappropriated funds to meet such appropriations, the appropriate Council(s), in accordance with Subsection A of this Section, may by such emergency ordinance borrow money in sums necessary to meet the emergency. The repayment of such sums shall be a fixed charge upon the revenues of the fiscal year next following the fiscal year in which the sums are borrowed.

D. Reduction of Appropriations: If at any time during the fiscal year it appears to the Mayor-President' that the funds available will be insufficient to meet the amount appropriated, the Mayor-President' shall report to the appropriate Council(s), in accordance with Subsection A of this Section, without delay, indicating the estimated amount of the deficit, any remedial action taken and recommendations as to any other steps to be taken. The appropriate Council(s), in accordance with Subsection A of this

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Section, shall then take such further action as it deems necessary to prevent a deficit.

E. Subject to the limitations in Subsection G of this section, the appropriate Council(s), in accordance with Subsection A of this Section, may, by ordinance(s), reduce any appropriation at any time.

F. Transfer of Appropriations: At any time during the fiscal year the Mayor-President1 may transfer part or all of any unencumbered appropriation within programs, except that no transfer shall be made to or from the salary account unless approved by the appropriate Council(s) by ordinance(s), in accordance with Subsection A of this Section. An unencumbered appropriation balance may be transferred from one department, office or agency to another or from one program to another only upon action of the appropriate Council(s) by ordinance(s) in accordance with Subsection A of this Section~

G. Limitations: No appropriation for debt service may be reduced or transferred and no appropriation may be reduced below any amount required by law to be appropriated.

Section 5-05. Capital Improvement Budget.

A. Each year, no later than the time of submission of the operating budget for the ensuing fiscal year, the Mayor-President1 shall prepare and submit to the City Council and the Parish Council a capital improvement budget covering a period of at least five (5) years. The amount indicated to be spent during the first year of the capital improvement budget shall be the capital improvement budget for that year.

B. The capital budget shall include: ( 1) A clear general summary of its contents. (2) A list of all capital improvements and acquisitions which are

proposed to be undertaken for at least the five (5) fiscal years next ensuing with appropriate supporting information as to the necessity for such improvements and acquisitions.

(3) Cost estimates, method of financing and recommended time schedules for each such improvement or acquisition.

( 4) The estimated annual cost of operating and maintaining the capital improvement to be constructed or acquired.

C. Once submitted to the City Council and the Parish Council, the Clerk of the Council shall cause to be issued a notice of a joint public hearing of the City Council and Parish Council on such capital improvement budget and shall cause to be published in the official journal, at least ten (10)

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days prior to the date of such hearing, the time and place thereof, a general summary of the proposed capital improvement budget and the times and places where copies of the proposed capital improvement budget are available for public inspection. At the time and place so advertised, the City Council and the Parish Council shall hold a joint public hearing on the capital improvement budget as submitted. Changes in the proposed capital improvement budget shall be by the favorable vote of at least a majority of the authorized membership of each of the City Council and the Parish Council. The capital improvement budget shall be finally adopted in a joint meeting of the City Council and the Parish Council, by the favorable vote of at least a majority of each of the authorized membership of both the City Council and the Parish Council, not later than thirty (30) days prior to commencement of the new fiscal year. The capital improvement budget as finally adopted shall be reproduced and sufficient copies shall ·be made available for use by all offices, departments and agencies of the City-Parish Government. Copies shall be available for public use in the main branch of the public library and in the office of the Clerk of the Council. Additional copies may be purchased at cost.

D. Amendments to the finally adopted capital improvement budget shall be by ordinance. Amendments to the capital budget shall be adopted by the favorable vote of a majority of the authorized membership of each of the City Council and the Parish Council, except that an amendment to the capital budget for a line item of the capital budget or component unit of the CityParish Government that is funded solely by the City of Lafayette shall be submitted solely to the City Council for adoption, and an amendment to the capital budget for a line item of the capital budget or component unit of the City-Parish Government that is funded solely by the Parish of Lafayette shall be submitted solely to the Parish Council for adoption. The information shall be revised and extended each year with regard to capital improvements . still pending or in process of construction or acquisition.

Section 5-06. Administration of Operating and Capital Improvement Budgets . .

A. No payment shall be made or obligation incun-ed against any allotment or appropriation except in accordance with the approved operating budget and capital improvement budget and appropriations duly made and unless the Mayor-President1 or the Mayor-President's1 designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to

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cover the claim or meet the obligation when it becomes due and payable. However, this provision shall not limit the authority to borrow funds in anticipation of revenues as provided in the general laws of the state. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payment so made illegal; such action shall be cause for removal of any official, officer or employee who knowingly authorized or made such payment or incurred such obligation or who caused such payment to be authorized or made or I obligation to be incurred. Such persons shall also be liable to the City-Parish Government for any amount so paid.

B. Nothing in this charter shall be construed to prevent passage of any ordinance making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to ·prevent the making of any contract or lease providing for payments beyond the end of the fiscal year. Contracts for services not covered by the public bid law shall be for a period not to exceed the term for which the Council Members and the Mayor-President1 are elected.

C. Deficit spending is prohibited except for emergencies as provided in the section on "Amendments to Operating Budget."

Section 5-07. Lapse of Appropriations.

Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriations shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation.

Section 5-08. Bonded Debt.

The City of Lafayette, Parish of Lafayette, and/or the City-Parish Government is empowered to incur bonded debt in accordance with this charter and the constitution and general laws of the state. When voter approval is required, no resolution shall be passed calling for a referendum to incur a bonded debt until an engineering and economic feasibility report shall have been made to the appropriate Council( s) and a summary thereof published in the official journal at least sixty (60) days prior to the proposed date of the election, unless the Council(s) seeking to incur such bonded debt

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is/are required to call such an election pursuant to a petition as provided for under the general laws of this state.

Section 5-09. Facsimile Signatures.

Facsimile signatures are authorized for negotiable instruments and multiple ce1tificates of indebtedness in those cases where an official is required by law to sign.

ARTICLE VI. INITIATIVE, REFERENDUM, RECALL AND REMOVAL BY SUIT

Section 6-01. Initiative and Referendum.

A. The electors of the Lafayette City-Parish Consolidated Government shall have the power, except as herein restricted, to propose passage, amendment or repeal of ordinances and to vote on the question if the appropriate Council(s) refuse(s) action. This power shall not extend to the proposing or repealing of ordinances making or reducing the appropriation of money or to changing the salaries of the government's officers or employees. This power may be exercised to authorize the repeal or reduction of the levy of any taxes, except that such a repeal or reduction or change must be approved by the voters at least ninety (90) days prior to the end of a fiscal year and shall not become effective until the next fiscal year. This power may not be exercised to repeal or reduce any taxes levied for retirement of bonds or any other outstanding indebtedness. If the subject matter of the electors' proposal is solely within the legislative power of the City Council, the procedure for exercise of this initiative and referendum power shall be governed by Subsection B of this Section. If the subject matter of the electors' proposal is solely within the legislative power of the Parish Council, the procedure for exercise of this initiative and referendum power shall be governed by Subsection C of this Section. If the subject matter of the electors' proposal is within the legislative power of both the City Council and the Parish Council, the procedure for exercise of this initiative and referendum power shall be governed by Subsection D of this Section.

B. For subject matter that is solely within the legislative power of the City Council, the initiative and referendum power shall be exercised in the following manner:

(1)

(2)

(3)

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The person or persons proposing the exercise of this power shall submit the proposal to the City Council which shall specify within thirty (30) days a form of petition for circulation in one or multiple copies as the proposer may desire. The petition shall contain the full text of the proposed ordinance. Within sixty (60) days after the form of the petition shall have been specified, the person or persons circulating the petition shall obtain the signatures of at least fifteen (15) percent of the total registered voters of the City of Lafayette. There shall be noted after each signature on the petition the date signed and the address of the signer. Each person circulating a copy of the petition shall attach a sworn affidavit to it stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition. The signed petition(s) shall be filed with the City Council within sixty (60) days of the specification of the form of the petition and, upon filing, the City Council shall order a canvass of the signatures through the office of the parish registrar of voters to determine their sufficiency and authenticity. The City Council's canvass shall be completed within thirty (30) days. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the City Council shall notify the person or persons filing the petition of such insufficiency or deficiency and allow thirty (30) days for filing of additional papers, at the end of which time the sufficiency and correctness of the petition(s) shall be determined finally. Within thirty (30) days after a petition shall have been certified as sufficient and correct by the City Council, the City Council shall cause the proposed ordinance and a summary thereof to be published in the official journal of the City-Parish Government at least once together with a notice of the date, time and place when and where it will be given a public hearing and be considered for passage, which notice shall appear at least seven (7) days prior to the time advertised for the hearing. At the time and place so advertised the City Council shall hold a public hearing. Subsequent to such hearing the City Council shall either:

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a. Adopt the proposed ordinance submitted in an initiative petition without substantive amendments or effect the repeal referred to by such petition; or

b. Determine to submit the proposal to the electors of the City of Lafayette. Proposals to repeal or reduce any taxes must by [be] submitted to the electors of the City of Lafayette for approval and cannot be adopted by the City Council by its own actions.

(5) If the City Council adopts an ordinance following the submission of an initiatory petition as provided above, it shall not amend or repeal the ordinance by its own action within one ( 1) year following the date of submission of the petition proposing the ordinance, but it may submit proposals amending or repealing such ordinances to a vote of the electors of the City of Lafayette. After the expiration of one ( 1) year, the ordinance may be amended or repealed as any other ordinance.

( 6) If an initiative ordinance is submitted to a vote of the electors of the City of Lafayette as provided above, the election shall take place within ninety (90) days after the date of the public hearing in an election already scheduled for other purposes or at a special election set by the City Council. The results shall be determined by a majority vote of the electors of the City of Lafayette voting on the proposal.

(7) If a majority of the qualified electors of the City of Lafayette voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

(8) An ordinance adopted by the electors of the City of Lafayette through the initiative and referendum process shall not be amended or repealed by City Council action for a period of one ( 1) year after the election at which it was adopted, but it may be amended or repealed any time by a vote of the electors of the City of Lafayette. After one ( 1) year, such ordinance may be amended or repealed in the same manner as any other ordinance.

(9) Ordinances adopted through the initiative and referendum process shall not be subject to veto by the Mayor-President1

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C. For subject matter that is solely within the legislative power of the Parish Council, the initiative and referendum power shall be exercised in the following manner:

( 1) The person or persons proposing the exercise of this power shall submit the proposal to the Parish Council which shall specify within thirty (30) days a form of petition for circulation in one or multiple copies as the proposer may desire. The petition shall contain the full text of the proposed ordinance.

(2) Within sixty (60) days after the form of the petition shall have been specified, the person or persons circulating the petition shall obtain the signatures of at least fifteen (15) percent of the total registered voters of the Parish of Lafayette. There shall be noted after each signature on the petition the date signed and

·· the address of the signer. Each person circulating a copy of the petition shall attach a sworn affidavit to it stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition.

(3) The signed petition(s) shall be filed with the Parish Council within sixty (60) days of the specification of the form of the petition and, upon filing, the Parish Council shall order a canvass of the signatures through the office of the parish registrar of voters to determine their sufficiency and authenticity. The Parish Council's canvass shall be completed within thirty (30) days. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the Parish Council shall notify the person or persons filing the petition of such insufficiency or deficiency and allow thirty (30) days for filing of additional papers, at the end of which time the sufficiency and correctness of the petition(s) shall be determined finally.

( 4) Within thirty (30) days after a petition shall have been certified as sufficient and correct by the Parish Council, the Parish Council shall cause the proposed ordinance and a summary thereof to be published in the official journal of the City-Parish Government at least once together with a notice of the date, time and place when and where it will be given a public hearing and be considered for passage, which notice shal1 appear at least seven (7) days prior to the time adve11ised for the hearing. At the time and place so advertised the Parish Council shall

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hold a public hearing. Subsequent to such hearing the Parish Council shall either: a. Adopt the proposed ordinance submitted in an initiative

petition without substantive amendments or effect the repeal referred to by such petition; or

b. Determine to submit the proposal to the electors of the Parish of Lafayette. Proposals to repeal or reduce any taxes must by (be] submitted to the electors of the Parish of Lafayette for approval and cannot be adopted by the Parish Council by its own actions.

(5) If the Parish Council adopts an ordinance following the submission of an initiatory petition as provided above, it shall not amend or repeal the ordinance by its own action within one ( 1) year following the date of submission of the petition proposing the ordinance, but it may submit proposals amending or repealing such ordinances to a vote of the electors of the Parish of Lafayette. After the expiration of one ( 1) year, the ordinance may be amended or repealed as any other ordinance.

( 6) If an initiative ordinance is submitted to a vote of the electors of the Parish of Lafayette as provided above, the election shall take place within ninety (90) days after the date of the public hearing in an election already scheduled for other purposes or at a special election set by the Parish Council. The results shall be determined by a majority vote of the electors of the Parish of Lafayette voting on the proposal.

(7) If a majority of the qualified electors of the Parish of Lafayette voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

(8) An ordinance adopted by the electors of the Parish of Lafayette through the initiative and referendum process shall not be amended or repealed by Parish Council action for a period of one ( 1) year after the election at which it was adopted, but it may be amended or repealed any time by a vote of the electors of the Parish of Lafayette. After one (1) year, such ordinance niay be amended or repealed in the same manner as any other ordinance.

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(9) Ordinances adopted through the initiative and referendum process shall not be subject to veto by the Mayor-President 1•

D. For subject matter that is within the legislative power of both the City Council and the Parish Council, the initiative and referendum power shall be exercised in the fol1owing manner:

(I) The person or persons proposing the exercise of this power shall submit an identical proposal to both the City Council and the Parish Council, which shall each specify within thirty (30) days an identical form of petition for circulation in one or multiple copies as the proposer may desire. The petitions shall contain the full text of the proposed ordinance.

(2) Within sixty (60) days after the form of the identical petition shall have been specified by the City Council and the Parish Council, the -person or persons circulating the petition shall obtain the signatures of at least fifteen (15) percent of the total registered voters of the City of Lafayette and at least fifteen ( 15) percent of the total registered voters of the Parish of Lafayette. There shall be noted after each signature on the petition the date signed and the address of the signer. Each person circulating a copy of the petition shall attach a sworn affidavit to it stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition.

(3) The signed petition(s) shall be filed with the City Council and the Parish Council within sixty ( 60) days of the specification of the form of the identical petition by the City Council and the Parish Council and, upon filing, the City Council and the Parish Council shall jointly order a canvass of the signatures through the office of the parish registrar of voters to determine their sufficiency and authenticity. The Councils' canvass shall be completed within thirty (30) days. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this section, the City Council and Parish Council shall notify the person or persons filing the petition of such insufficiency or deficiency and allow thirty (30) days for filing of additional papers, at the end of which time the sufficiency and correctness of the petition(s) shall be determined finally.

(4) Within thirty (30) days after a petition shall have been certified as sufficient and correct by the City Council and Parish

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Council, the City Council and Parish Council shall cause the proposed ordinance(s) and a summary thereof to be published in the official journal of the City-Parish Government at least once together with a notice of the date, time and place when and where it will be given a public hearing and be considered for passage, which notice shall appear at least seven (7) days prior to the time advertised for the hearing. The City Council and Parish Council may advertise for and conduct separate public hearings or may advertise for and conduct a joint public hearing, at their option. Subsequent to such hearing(s), the City Council and Parish Council shall either: a. Adopt the proposed identical ordinances or joint

ordinance, as the case may be, submitted in an initiative petition without substantive amendments or ·effect the repeal referred to by such petition; or

b. Determine to submit the proposal to the electors of the City-Parish Government. Proposals to repeal or reduce any taxes must be submitted to the electors of the CityParish Government for approval and cannot be adopted by the City Council, the Parish Council, or both, by its/their own actions.

(5) If the City Council and Parish Council adopt identical ordinances or a joint ordinance following the submission of an initiatory petition as provided above, they shall not amend or repeal the ordinance( s) by its/their own action within one (1) year following the date of submission of the petition proposing the ordinance(s), but they may submit proposals amending or repealing such ordinances to a vote of the electors of the CityParish Government. After the expiration of one (1) year, the ordinance may be amended or repealed as any other ordinance.

(6) If an initiative ordinance is submitted to a vote of the electors as provided above, the election shall take place within ninety (90) days after the date of the latest public hearing held by either the City Council and/or the Parish Council in an election already scheduled for other purposes or at a special election set by the City Council and Parish Council. The results shall be determined by a majority vote of the electors of the City of Lafayette and a majority vote of the electors of the Parish of Lafayette voting on the proposal.

(7)

(8)

(9)

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If a majority of the qualified electors of the City of Lafayette and a majority of the qualified electors of the Parish of Lafayette voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election either by the electors of the City of Lafayette or by the electors of the Parish of Lafayette or both, the ordinance receiving the greatest number of affirmative votes in the City of Lafayette and the ordinance receiving the greatest number of affirmative votes in the Parish of Lafayette shall be compared. If and only if the same ordinance received the greatest number of affirmative votes in both the City of Lafayette and the Parish of Lafayette, it shall be deemed adopted upon certification of

- the election results. Otherwise, if conflicting ordinances are approved as between the City of Lafayette and the Parish of Lafayette at the same election, the conflicting ordinances shall be considered rejected. An ordinance adopted by the electors through the initiative and referendum process shall not be amended or repealed by City Council and/or Parish Council action for a period of one (1) year after the election at which it was adopted, but it may be amended or repealed any time by a vote of the electors. After one ( 1) year, such ordinance may be amended or repealed in the same manner as any other joint ordinance. Ordinances adopted through the initiative and referendum process shall not be subject to veto by the Mayor-President1

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Section 6-02. Recall.

A. Any elected official of the City of Lafayette, Parish of Lafayette, and/or the City-Parish Government may be removed from office by the electors of the City-Parish through a recall process. The recall procedure shall be the same as is provided in the general laws of the state, except that the number of registered voters required to commence the recall process shall be twenty (20) percent of the registered voters in the area from which the official is elected.

B. If, in a recall election, the majority of those voting vote for recall, the official named in the recall petition shall be removed ipso facto from office, and the vacancy thereby created shall be filled as in the case of

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ordinary vacancies in accordance with this charter. The person recalled shall not be eligible for appointment to fill the vacant position.

Section 6-03. Removal by Suit.

Any elected official of the City-Parish Government may be removed from office by court suit as provided for in the constitution and general laws of the state.

ARTICLE VII. GENERAL PROVISIONS

Section 7-01. Legal Process.

Legal ·process against the City-Parish Government shall be ·served upon the Mayor-President1 or, in his absence, upon the Chief Administrative Officer.

Section 7-02. Code of Ethics.

All officers, officials and employees of the City-Parish Government shall be subject to provisions of the state code of ethics pertaining to local governments.

Section 7-03. Amending or Repealing the Charter.

A. Proposals to amend or repeal this charter may be made by a

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two-thirds vote of the authorized membership of each of the City Council and the Parish Council, or by petition signed by not less than fifteen (15) percent of the total number of registered voters of the City of Lafayette and not less than fifteen (15) percent of the total number of registered voters of the Parish of Lafayette for amending the charter and not less than twenty (20) percent of the registered voters of the City of Lafayette and not less than twenty (20) percent of the registered voters of the Parish of Lafayette to repeal the charter. A petition shall contain the full text of the proposed amendment, amendments, or repeal of the charter. The procedures and time limits for filing such a petition shall be the same as for an initiative ordinance as provided in Section 6-0l(D), except that the required percentages of registered voters on the petition(s) shall be determined in accordance with Subsection A of this Section.

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B. Within thirty (30) days after a petition shall have been certified as sufficient and correct by the City Council and Parish Council, the City Council and Parish Council shall cause the amendment, amendments, or repeal provisions being proposed to be published in the official journal of the City-Parish Government.

C. Proposals to amend or repeal this charter shall be submitted for ratification to the qualified electors of the City-Parish Government at an election already authorized for other purposes or at a special election called by majority vote of the authorized membership of each of the City Council and Parish Council.

Successful approval of a proposal requires both (I) a majority vote of the electors the City of Lafayette and (2) a majority vote of the electors of the Parish of Lafayette voting on any particular proposal.

D. Proposals by· the City Council and Parish Council and by petition may be submitted to the voters at the same election and voters may, at their option, accept or reject any or all such proposals. Should conflicting proposals be approved at the same election, the one receiving the greater number of affirmative votes shall prevail to the extent of such conflict.

E. Upon passage or rejection of a proposal by the voters, at least one (I) year shall lapse before the same issue can again be submitted to the voters.

F. Except as provided in the section on "Severability," no proposal to amend or repeal this charter shall be submitted during the first one (1) year of operations under this charter. No amendment or repeal shall shorten the term for which any incumbent official was elected or reduce the salary of office for that term.

Section 7-04. Bonding of Officers.

City of Lafayette officers or employees as the City Council may designate shall give bond in the amount and with the surety prescribed by the City Council. The premiums on such bonds shall be paid by the City of Lafayette.

Parish of Lafayette officers or employees as the Parish Council may designate shall give bond in the amount and with the surety prescribed by the Parish Council. The premiums on such bonds shall be paid by the Parish of Lafayette.

City-Parish Government officers or employees, falling within any part of the criteria of Section 2-11 (E) of this Charter, as the City Council and Parish Council may jointly designate, shall give bond in the amount and with

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the surety jointly prescribed by the City Council and Parish Council. The premiums on such bonds shall be paid by the City-Parish Government.

Section 7-05. Oaths of Office.

All elected officials of the City-Parish Government shall take an oath of office to be administered by the clerk of the district court.

Section 7-06. Advisory Boards and Commissions.

A. The City Council and/or the Parish Council, by resolution, and/or the Mayor-President1 may appoint advisory boards and commissions to provide advice regarding the operations of the City-Parish Government. No such board or commission shall have any administrative or legislative authority.

B. Appointments now made by the mayor of the City of Lafayette or President of Lafayette Parish shall be made by the Mayor-President1 of the City-Parish Government. Appointments now made by the City-Parish Council shall be detennined in accordance with Subsection F of this Section.

C. A member of an advisory board or commission shall receive no compensation for service and shall serve at the pleasure of the appointing authority.

D. Members of all existing boards and commissions shall complete their tem1s of office, except as may be provided by this charter or by action of the City Council and Parish Council in accordance with Subsection F of this Section.

E. All meetings of advisory boards and commissions shall be open to the public.

F. On or before June 1, 2020, the City Council and the Parish Council, jointly, shall, by ordinance, create, consolidate, merge, abolish, reorganize, or reaffirm any advisory boards or commissions in existence on that date. Such action shall include, at a minimum, a specification of the number of members, term of each member, and appointing authority of each member, of each such board or commission. Any member of a board or commission whose term expires prior to the final action of the City Council and Parish Council pursuant to this subsection shall continue to serve on such board or commission until his/her successor is properly appointed.

G. This section shall not apply to a board or commission created by ordinance or in accordance with general state law.

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Section 7-07. Administrative Boards and Commissions.

A. This section pertains to boards and commissions created by ordinance or in accordance with general state law.

B. The City Council, the Parish Council, and/or the Mayor-President1 may appoint members to boards and commissions as provided in ordinances and general state laws creating such boards and commissions. Appointments now made by the mayor of the City of Lafayette or the President of Lafayette Parish shall be made by the Mayor-President1 of the City-Parish Government. Appointments now made by the City-Parish Council shall be determined in accordance with Subsection F of this Section.

C. No such board or commission shall have legislative authority. D. Members of all existing administrative boards and commissions

shall complete their terms of office, except as· may be provided by this charter or by action of the City Council and Parish Council in accordance with Subsection F of this Section.

E. All meetings of administrative boards and commissions shall be open to the public.

F. On or before June 1, 2020, the City Council and the Parish Council, jointly, shall, by ordinance, create, consolidate, merge, abolish, reorganize, or reaffirm any administrative boards or commissions in existence on that date. Such action shall include, at a minimum, a specification of the number of members, term of each member, and appointing authority of each member, of each such board or commission. Any member of a board or commission whose term expires prior to the final action of the City Council and Parish Council pursuant to this subsection shall continue to serve on such board or commission until his/her successor is properly appointed.

Section 7-08. Reconstitution of Government.

In the event of war or public disaster that incapacitates the MayorPresident 1 and/or a majority of the City Council, the Parish Council, or both, the remaining members of the affected Council( s) may act on an emergency basis and shall appoint, by majority vote of all remaining members of both Councils acting as a whole, such other officials as are necessary to reconstitute the City-Parish Government. It shall be the intent of this section that these emergency powers shall subsist only so long as an emergency exists and the regularly constituted elections shall be held as soon as it is judicially determined that conditions permit their being held.

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Section 7-09. Control Over Local Agencies and Special Districts.

A. The City-Parish Council and its successors, the City Council and the Parish Council jointly, shall have general power over any agency heretofore created by the governing authorities of Lafayette Parish or the City of Lafayette or created by the City-Parish Council including, without limitation, the power to abolish the agency and require prior approval of any charge, tax levy or bond issue by the agency. On or before June 1, 2020, the City Council and the Parish Council, jointly, shall, by ordinance, create, consolidate, merge, abolish, reorganize, or reaffirm any agency in existence on that date. Such action shall include, at a minimum, a specification of which Council(s) shall have general power over such agency including, without limitation, the power · to abolish the agency and require prior approval of any charge, tax levy or bond issue by the agency.

B. The City-Parish Government, through joint action of the City Council and Parish Council, may consolidate and merge into itself any special district or local public agency, except a school district, situated and having jurisdiction entirely within the boundaries of the parish. Upon the consolidation and merger, the City-Parish Government shall succeed to and be vested with all of the rights, revenues, resources, jurisdiction, authority, and powers of the special district or local public agency. A consolidation and merger shall become effective only if approved by a majority of the electors voting thereon in the parish as a whole and by a majority of the electors voting thereon in the affected special district. A local public agency shall be consolidated and merged only if approved by a majority of the electors voting in the parish as a whole. C. If the special district or local public agency which is consolidated and merged has outstanding indebtedness, the authority provided by this section shall not be exercised unless provision is made for the retirement or assumption of the indebtedness.

Section 7-10. Urban Services Districts.

A. The City Council shall be the governing authority of all urban services districts created by this charter and shall have the authority to create by ordinance such other urban services districts, as it considers appropriate.

B. Urban services districts shall exist for the purpose of providing specified municipal type services in the City of Lafayette. The boundaries of all urban services districts shall either coincide with or fall within the

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boundaries of the City of Lafayette as they exist on the effective date of this charter or as they may exist in the future.

C. Boundaries of the City of Lafayette may be changed by the City Council in the manner provided by state law for changing boundaries of municipalities.

Section 7-11. Rural Services Districts.

A. The Parish Council shall be the governing authority of all rural services districts created by this charter and shall have the authority to create by ordinance such other rural services districts, as it considers appropriate.

B. Rural services districts shall exist for the purpose of providing specified municipal type services in the Parish of Lafayette. The boundaries of all rural services districts shall either coincide with or fall within the boundaries of the Parish of Lafayette.

ARTICLE VIII. TRANSITIONAL PROVISIONS

Section 8-01. Council Districts.23

Council districts for the election of the first City Council members and Parish Council members for the elections authorized by Section 8-13(D) of this charter shall be as follows, and shall remain as follows until changed by reapportionment:

City Council Districts:

District 1:

Precinct 6 Precinct 7 Precinct 9: That part of Precinct 9 that is within the corporate limits of the City of Lafayette. Precinct 10: That part of Precinct 10 that is within the corporate limits of the City of Lafayette. Precinct 11: That part of Precinct 11 that is within the corporate limits of the City of Lafayette. Precinct 12: That part of Precinct 9 that is within the corporate limits of the City of Lafayette.

23 **Please find Footnote 23 on the last 3 pages of booklet**

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Precinct 13: That part of Precinct 13 that is within the corporate limits of the City of Lafayette. Precinct 14 Precinct 17 Precinct 18 Precinct 19 Precinct 22 Precinct 23: That Part of Precinct 23 commencing at the Point of Beginning at the intersection of the midflow of Coulee Mine Branch and Madeline Ave, then easterly on Madeline Ave. to the centerline ofN. University Ave., then southerly to the centerline of the Southern Pacific Railroad tracks, then westerly to the midflow of Coulee Mine Branch, then northeasterly to the Point of Beginning. Precinct 24: That part of Precinct 24 that is within the corporate limits of the City of Lafayette. Precinct 25: That part of Precinct 25 that is within the corporate limits of the City of Lafayette. Precinct 30: That part of Precinct 30 that is within the corporate limits of the City of Lafayette. Precinct 38: That part of Precinct 38 that is within the corporate limits of the City of Lafayette. Precinct 39: That Part of Precinct 39 that is within the corporate limits of the City of Lafayette and north of the centerline of Dulles Dr. Precinct 40: That Part of Precinct 40 that is within the corporate limits of the City of Lafayette and west of the centerline of Bertrand Dr. and north of the centerline of Eraste Landry Rd. Precinct 47: That pat1 of Precinct 47 that is north of the centerline of Dulles Dr. Precinct 50: That part of Precinct 50 that is within the corporate limits of the City of Lafayette. Precinct 51: That Part of Precinct 51 commencing at the Point of Beginning at the intersection of the centerlines ofN. St. Antoine St. and W. Gilman Rd., then easterly on W. Gilman Rd. to the centerline of the Southern Pacific Railroad tracks, then southeasterly and then westerly to the centerline ofN. St. Antoine St., then northerly to the Point of Beginning. Precinct 64: That part of Precinct 64 that is within the corporate limits of the City of Lafayette. Precinct 112: That part of Precinct l 12that is within the corporate limits of the City of Lafayette.

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Precinct 113: That part of Precinct 113 that is within the corporate limits of the City of Lafayette.

District 2:

Precinct 31: That part of Precinct 31 that is within the corporate limits of the City of Lafayette. Precinct 32: That part of Precinct 32 that is within the corporate limits of the City of Lafayette. Precinct 33: That part of Precinct 33 that is within the corporate limits of the City of Lafayette. Precinct 34: That part of Precinct 34 that is within the corporate limits of the City of Lafayette. Precinct 35 : That part of Precinct 35 that is within the corporate limits of the City of Lafayette. Precinct 39: That part of Precinct 39 commencing at the Point of Beginning at the intersection of Dulles Dr. and Coulee Mine, then northeasterly on Dulles Dr. to the centerline of Bertrand Dr., then southerly to the centerline of W. Congress St., then westerly to the midflow of Coulee Mine, then northerly to the Point of Beginning. Precinct 40: That part of Precinct 40 that is within the corporate limits of the City of Lafayette and east of the centerline of Bertrand Dr. and south of the centerline of Eraste Landry Rd. Precinct 41 Precinct 42 Precinct 43 Precinct 45 Precinct 46 Precinct 47: That part of Precinct 47 that is south of the centerline of Dulles Dr. Precinct 48 Precinct 49: That part of Precinct 49 that is within the corporate limits of the City of Lafayette. Precinct 69 Precinct 70 Precinct 74: That pait of Precinct 74 commencing at the Point of Beginning at the intersection of the centerlines of Johnston St. and Coliseum Rd., then northerly to the centerline of St. Landry St., then n01theasterly to the midflow of Coulee Mine Branch, then southerly to the centerline of Johnston St., then westerly to the Point of Beginning.

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District 3:

Precinct 34: That paii of Precinct 34 commencing at the Point of Beginning at the intersection of the centerlines of Johnston St. and Chateau Des Lions Blvd., then westerly to the intersection with the corporate limits of the City of Lafayette, then northerly and westerly along said boundaries to the centerline of Johnston St., then southerly to the Point of Beginning. Then that part of Precinct 34 commencing at the Point of Beginning at the intersection of the centerlines of Johnston St. and Manchester Circle, then westerly on Manchester Circle to the intersection with the corporate limits of the City of Lafayette, then generally northerly and westerly to the centerline of Johnston St., then southerly to the Point of Beginning. Precinct 44:·That part of Precinct 44 that is within·the corporate limits of the City of Lafayette. Precinct 67: That part of Precinct 67 that is within the corporate limits of the City of Lafayette. Precinct 74: That part of Precinct 74 commencing at Point of Beginning at the intersection of the centerlines of Coliseum Rd. and Johnston St. then easterly to the midflow of Coulee Mine Branch, then southerly to the mid flow of Coulee Mine, then generally southwesterly and no1ihwesterly to the centerline of Johnston St., then easterly to the Point of Beginning. Precinct 75 Precinct 76 Precinct 77 Precinct 78 Precinct 79: That part of Precinct 79 that is within the corporate limits of the City of Lafayette. Precinct 80: That part of Precinct 80 that is within the corporate limits of the City of Lafayette. Precinct 81 Precinct 82 Precinct 83 Precinct 84 Precinct 85: That part of Precinct 85 that is within the corporate limits of the City of Lafayette. Precinct 86: That part of Precinct 86 that is within the corporate limits of the City of Lafayette. Precinct 87

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Precinct 121: That part of Precinct 121 commencing at the Point of Beginning at the intersection of the centerlines of Steiner Rd. and Kaliste Saloom Rd., then southwesterly to the centerline of Camellia Blvd., then northwesterly to the midflow of the Vermilion River, then generally easterly to the corporate limits of the City of Lafayette, then southeasterly to the centerline ofE. Bayou Pkwy., then southwesterly to the centerline of Steiner Rd., then southeasterly to the Point of Beginning.

District 4:

Precinct 72: That part of Precinct 72 commencing at Point of Beginning at the intersection of the centerlines of Johnston St. and E. St. Mary Blvd., then southeasterly on E. St. Mary Blvd. to the centerline of Girard Park Dr., then southwesterly to the centerline of midflow of Coulee Mine, then northerly to the centerline of Johnston St., then northeasterly to the Point of Beginning. Precinct 73: That part of Precinct 73 that is within the corporate limits of the City of Lafayette. Precinct 88 Precinct 89 Precinct 90: That part of Precinct 90 commencing at the Point of Beginning at the intersection ofE. University Ave. and W. Pinhook Rd., then southwesterly on W. Pinhook Rd. to the midflow of the Vermilion River, then easterly and northerly to the centerline of the Southern Pacific Railroad tracks, then northwesterly to the centerline ofE. University Ave., then northwesterly to the Point of Beginning. Precinct 91 : That part of Precinct 91 that is within the corporate limits of the City of Lafayette. Precinct 92: That part of Precinct 92 that is within the corporate limits of the City of Lafayette and southwest of the centerline of S. Hugh Wallis Rd., then south of the centerline ofE. Kaliste Saloom Rd., then west of Coulee des Pouches. Precinct 93: That part of Precinct 93 that is within the corporate limits of the City of Lafayette. Precinct 94 Precinct 95: That part of Precinct 95 that is within the corporate limits of the City of Lafayette. Precinct 96: That part of Precinct 96 that is within the corporate limits of the City of Lafayette. Precinct 97: That part of Precinct 97 that is within the corporate limits of the City of Lafayette.

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Precinct 98: That part of Precinct 98 that is within the corporate limits of the City of Lafayette. Precinct 104: That Part of Precinct 104 that is within the corporate limits of the City of Lafayette. Precinct 105: That part of Precinct 105 that is within the corporate limits of the City of Lafayette. Precinct 109: That Pa11 of Precinct 109 that is within the corporate limits of the City of Lafayette. Precinct 115 Precinct 120: That Part of Precinct 120 that is within the corporate limits of the City of Lafayette. Precinct 121: That Part of Precinct 121 commencing at the Point of Beginning at the intersection of the centerlines ofN. Locksley Dr. and E. Bayou Pkwy., then southwesterly on E. Bayou Pkwy. to the intersection with the corporate limits of the City of Lafayette, then generally northwesterly and northeasterly along said boundaries to the midflow of the Vermilion River, then easterly to an extension ofN. Locksley Dr., then southeasterly to the Point of Beginning.

District 5:

Precinct 15 Precinct 16 Precinct 20 Precinct 21 Precinct 23 : That Part of Precinct 23 commencing at the Point of Beginning at the intersection of the centerlines ofN. University Ave. and Madeline Ave., then easterly on Madeline Ave. to the centerline ofN. St. Antoine St., then southerly to the centerline of the Southern Pacific Railroad tracks, then westerly to the centerline ofN. University Ave., then northerly to the Point of Beginning. Precinct 51 : That Part of Precinct 51 commencing at the Point of Beginning at the intersection of the centerlines of N. St. Antoine St. and the Southern Pacific Railroad tracks, then westerly and northerly, then southeasterly along said tracks to the centerline of E. Simcoe St., then westerly to the centerline of S. Antoine St., then no11herly to N. Antoine St. and the Point of Beginning Precinct 52 Precinct 53

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Precinct 54: That Part of Precinct 54 that is within the corporate limits of the City of Lafayette .. Precinct 55 : That Part of Precinct 55 that is within the corporate limits of the City of Lafayette. Precinct 56: That Part of Precinct 56 that is within the corporate limits of the City of Lafayette. Precinct 57 Precinct 58 Precinct 59: That Part of Precinct 59 that is within the corporate limits of the City of Lafayette. Precinct 60: That Part of Precinct 60 that is within the corporate limits of the City of Lafayette. Precinct 61 Precinct 62-Precinct 63 Precinct 65 Precinct 66 Precinct 68 Precinct 72: That part of Precinct 72 commencing at Point of Beginning at the intersection of the centerlines of Johnston St. and E. St. Mary Blvd., then southeasterly on E. St. Mary Blvd. to the centerline of W. Taft St., then northeasterly to the centerline of E. University Ave, then northwesterly to the centerline of Johnston St., then southwesterly to the Point of Beginning. Precinct 90: That part of Precinct 90 commencing at the Point of Beginning at the intersection ofE. University Ave. and W. Pinhook Rd., then northeasterly on W. Pinhook Rd. to the centerline of the Southern Pacific Railroad tracks, then southeasterly to the centerline of E. University Ave., then northwesterly to the Point of Beginning. Precinct 92: That part of Precinct 92 that is within the corporate limits of the City of Lafayette and northeast of the centerline of S. Hugh Wallis Rd., then north of the centerline ofE. Kaliste Saloom Rd ., then east of Coulee des Pouches.

Parish Council Districts:

District 1:

Precincts 1, 2, 3, 4, 5, 6, 7, 9, 11 , 12, 25, 30, 32, 39, 40, 64, 112, and 113.

District 2:

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Precincts 8, 26, 27, 28, 29, 31, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 71, 114, and 119.

District 3:

Precincts 93, 95, 96, 97, 98, 99, 100, 101 , 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 115, 116, 117, and 118.

District 4:

Precincts 48, 67, 70, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 94, 120, and 121.

District 5: Precinc~ 10, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,49,50,51,52,53, 54,55,56,57,58,59,60,61,62,63,65,66,68,and69.

Section 8-02. Continuation of Actions.

A. All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, contracts, franchises, debt or other obligations due by Lafayette Parish or the City of Lafayette, rights or causes of action, claims, demands, titles and rights existing on the effective date of this charter shall continue unaffected. All sentences for punishment for ordinance violations or for crime shall be executed according to their terms.

B. All actions, ordinances, and administrative rules and regulations of Lafayette Parish and the City of Lafayette in force prior to the effective date of this charter shall, insofar as they are not inconsistent with this cha11er, remain in full force and effect until amended or repealed by the Council or until they expire by their own limitation.

C. All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, contracts, franchises, debt or other obligations due by the City of Lafayette, the Parish of Lafayette, or the CityParish Government, rights or causes of action, claims, demands, titles and rights existing on January 6, 2020 shall continue unaffected. All sentences for punishment for ordinance violations or for crime shall be executed according to their terms.

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D. All actions, ordinances, and administrative rules and regulations of the City of Lafayette, the Parish of Lafayette, and the City-Parish Government in force prior to January 6, 2020 shall, insofar as they are not inconsistent with this charter, remain in full force and effect until amended or repealed by the appropriate Council(s) having legislative power over the subject(s) of these matters, or until they expire by their own limitation. Until such occurs, if any actions, ordinances, and/or administrative rules and regulations incorporate any process or procedure involving the City-Parish Council, said process or procedure shall be reformed based upon the following criteria:

(1) For subject matters that are solely within the legislative power of the City Council, the process or procedure involving the City-Parish Council shall be directed to and assumed by the City Council.

(2) For subject matters that are solely within the legislative power of the Parish Council, the process or procedure involving the City-Parish Council shall be directed to and assumed by the Parish Council.

(3) For subject matters that are within the legislative power of both the City Council and the Parish Council, the process or procedure involving the City-Parish Council shall be directed to and assumed by both the City Council and Parish Council, acting jointly by majority vote of the authorized membership of each Council.

Section 8-03. Special Districts.

Any special district heretofore established and existing in Lafayette Parish or the City of Lafayette shall continue to exist to effectuate the purpose for which it was created, to complete any works begun or authorized therein, to pay the debts of the district and to levy taxes and other charges as may have been or may be legally authorized in the district.

The City Council and the Parish Council, acting jointly, have the power to determine the governing authority of special districts previously created by the City-Parish Council. On or before June 1, 2020, the City Council and the Parish Council, jointly, shall, by ordinance, specify or reaffirm the governing authority of all special districts existing on that date that were created by the City-Parish Council.

Section 8-04. Outstanding Indebtedness.

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Principal and interest payments due on any outstanding indebtedness incurred by the City of Lafayette shall continue to be the obligation of the geographical area constituting the boundaries of the municipality and all approved taxes to retire the indebtedness shall continue to be levied until such time as the indebtedness is retired.

Section 8-05. Fees, Charges and Tax Levies.

A. Constitutional limitations on the maximum property tax millages that can be levied without voter approval shall continue to be applicable to Lafayette Parish and within the geographical boundaries of the City of Lafayette as they exist at the time of consolidation or as they may be changed in the future. No property taxes levied for the City of ·Lafayette shall be levied in areas outside the geographical boundaries of the City of Lafayette.

B. All fees, charges and taxes levied by Lafayette Parish and the City of Lafayette shall continue to be levied by the City-Parish Government until changed, by ordinance, by the appropriate Council(s) having legislative power over the subject matter of the fees, charges, and/or taxes, or by a vote of the people when a vote is required for tax purposes.

C. Receipts from fees, charges, rentals and royalties, taxes, federal and state grants, and shared revenues and taxes applicable to the geographic area of the City of Lafayette or special districts which are less than parishwide geographically shall be used only for services to be rendered in those geographic areas.

D. The levy of property tax millages above the constitutional maximum previously approved by the voters of Lafayette Parish, the City of Lafayette, or a special district shall continue to be levied and used for the approved purposes. Such levies may be renewed upon the favorable vote of the electors within the geographical area involved.

Section 8-06. Other Municipalities in Lafayette Parish.

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A. This charter shall not be applicable to municipalities in Lafayette Parish, other than the City of Lafayette, except as the charter relates to functions and responsibilities of the parish.

B. Municipalities in the parish not· a part of the City-Parish Government may become a part of the consolidated Government in the following manner:

( 1) An ordinance approved by the mayor and governing body of the municipality shall be submitted to the City Council and I Parish Council requesting the City Council and Parish Council to jointly call an election relative to incorporating the municipality into the City-Parish Government.

(2) The City Council and Parish Council shall submit the proposal ··to the voters of the affected municipality and to voters of the parish at the next scheduled election occurring at least sixty (60) days after submission of the ordinance to the City Council and Parish Council.

(3) The consolidation shall become effective only if approved by a majority of electors voting thereon in the area of Lafayette Parish outside the municipality proposing to become a part of the consolidated government and approved by a majority of the electors voting thereon in the affected municipality.

C. If the voters approve the consolidation, the City Council and Parish Council shall jointly, by ordinance, provide for the orderly transition of the municipality into the consolidated government within six ( 6) months after the election, except that no term of office of an elected official of the affected municipality shall be shortened. I

D. The affected municipality shall have the same rights and privileges of a municipality as are provided in this charter for the City of Lafayette.

Section 8-07. Special Legislative Acts.

All special legislative acts pertaining to Lafayette Parish or the City of Lafayette, insofar as they are in conflict with the provisions of this charter, shall henceforth be inoperative and of no effect.

Section 8-08. Retirement Systems.24

24 Section 8-08: Retirement systems - fire and police: fire employees transferred to state system (0-151-98; 06-02-98)

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No pension and retirement plans for employees of Lafayette Parish and the City of Lafayette in existence at the time this charter is approved shall be affected in any way by this charter. The plans shall remain in full force and effect and shall be carried out and regulated in accordance with applicable laws and procedures until such time as the Council shall adopt a pension and retirement plan applicable to all City-Parish government employees except employees of the police and fire departments. The creation of the system shall not cause a reduction in benefits for those persons employed at the time the cha11er becomes effective. Police and fire department employees shall continue to be members of their respective Pension and Relief Funds as provided by state law.

The plans in existence on January 6, 2020 shall remain in full force and effect and shall be carried out and regulated in accordance · with applicable laws and procedures until such time as a majority of the authorized membership of the City Council and a majority of the authorized membership of the Parish Council may take joint action that affects such plan(s). Any such action shall not cause a reduction in benefits for those persons enrolled in the affected plans at the time of any such action. Police and fire department employees shall continue to be members of their respective Pension and Relief Funds as provided by state law. ·

Section 8-09. Declaration of Intent.

This charter shall be liberally construed in aid of its declared intent which is to establish for the people of the City of Lafayette, the Parish of Lafayette, and the Lafayette City-Parish Consolidated Government effective home rule free from legislative interference as to the structure and organization of its local government, and with the power and authority to manage its local affairs, all as contemplated and intended by the provisions of Article VI, Sections 5 and 6 of the constitution.

Section 8-10. Severability.

If any provision of this charter is declared invalid for any reason, that provision shall not affect the validity of this charter or any other provisions thereof.

pol ice employees transferred to state system (0-152-98; 06-02-98

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Section 8-11. Violation of Voting Rights Act.

In the event the Civil Rights Division of the United States Department of Justice or any court of competent jurisdiction declares any part of this charter to be in violation of the Voting Rights Act prior to the date the charter becomes effective, the Lafayette City-Parish Charter Commission shall reconvene for a period not to exceed ninety (90) days for the purpose of drafting and proposing amendments to the charter to the electors of Lafayette Parish.

Section 8-12. Schedule of Transition.

If approved by the voters, the amendments to this charter shall not take effect until the date that a majority of the newly elected City Council members and a majority of the newly elected Parish Council members officially take office, except for only those amendments to this charter that are necessary to carry out the election of City Council positions and Parish Council positions created by said amendments.

Section 8-13. Election of Officials.

A. The first election for officials under this charter shall be held at the same time as the primary and general elections for the governor of Louisiana in 1995. Subsequent elections shall be held on corresponding dates every fourth year thereafter.

B. Officials elected under provisions of this charter in the election of 1995 shall take office on the first Monday in June next following their election. Thereafter, officials elected under provisions of this chaiter shall take office at noon on the first Monday in January next following their election.

C. All elected officials of the City of Lafayette and Lafayette Parish elected under provisions of the home rule charters of the City of Lafayette and Lafayette Parish shall continue to hold their offices and discharge the duties thereof until the officials elected under provisions of the charter for the Lafayette City-Parish Consolidated Government take office. Thereafter, their offices shall cease to exist.

D. The first election for City Council members and Parish Council members whose positions are established by the amendments to this charter shall be held at the same time as the primary and general elections for the

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gove111or of Louisiana in 2019. Subsequent elections shall be held on corresponding dates every fourth year thereafter.

E. All elected City-Parish Council members of the City-Parish Government shall continue to hold their offices and discharge the duties thereof until a majority of the members of the newly created City Council and a majority of the newly created Parish Council take office. Thereafter, the offices of the City-Parish Council members shall cease to exist.

Section 8-14. Required Approval By Electors.

The charter shall become effective only if approved by a majority of those voting on the charter residing in Lafayette Parish and approved by a majority of those voting on the charter residing in the City of Lafayette.

Section 8-15. Charter Ballot.

The ballot form for the referendum on this proposed Charter shall be:

"Shall the Home Rule Charter and plan of government for the Lafayette City-Parish Consolidated Government, prepared and submitted by the duly constituted Charter Commission according to Article VI, Section 5 of the Constitution of Louisiana and other applicable law, be adopted?"

FOR consolidation of the City of Lafayette and the Parish of Lafayette

AGAINST consolidation of the City of Lafayette and the Parish of Lafayette

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Footnote 23 (Ord. No. 0-032-94; 04-28-94, approved at ref. on 10-01-94)

Editor's note: Section 8-01: Council Districts;

Election held I 0/1/94 prior to consolidation to substitute Council districts identical to Lafayette Parish School Board; Districts approved by the United States Justice Department in 1993 and thus Council districts amended to read as follows:

District 1: Precincts 1, 3, 4, 7, 8, 9, 10, 25, 26 and 27 District 2: Precincts 14B, ISA, 2, 5, 6, 11, 12, 13, 16, 55 and 59 District 3: Precincts 14A, 18A, 19, 22, 23, 24, 50, 51, 64, 65, 66, 67, 68,

71, 72 and 74 District 4: Precincts 15B, 18B, 17, 20, 21, 52, 53, 54, 56, 57, 58; 60, 61,

62 and 63 District 5: Precincts 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37 District 6: Precincts 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 69 and

70 District 7: Precincts 73, 87, 88, 89, 90, 91, 92, 93, 94, 96 and 97 District 8: Precincts 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85 and 86 District 9: Precincts 95, 98, 99, 100, 101, 102, 103, 104, 105 and 106

Precinct change 0-082-96 (8/20/96) Precinct 85 split to 85A and 85B

Precinct change 0-083-96 (8/20/96) Precinct 18A combined with 19 Precinct 18B changed to 18 Precinct 63 and 57 combined as 57 Precinct 71 combined with 7 4 Precinct 67 and 68 combined as 68

Precinct change 0-161-98 (6/16/98) Precinct 94 split to 94A and 94B

Precinct change 0-163-98 (6/16/98) Divide Precinct 93 with portion to 96

Precinct change 0-164-98 (6/16/98) Precinct 91 combined with 92

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Precinct change 0-034-2002 (2/26/2002) Precinct 28 split to 28A and 28B Precinct 30 split to 30A and 30B Precinct 64 split to 64A and 64B Precinct 97 split to 97 A and 97B District 1: Precincts 3, 4, 8, 9, 25, 26, 27, 28A, 30, 39, 71 District 2: Precincts 1, 2, 5, 6, 7, 11 , 12, 13, 55, 64A District 3: Precincts 10, 17, 18, 19, 22, 23, 24, 50, 51, 64B, 66, 68, 72, 74 District 4: Precincts 14, 15, 16, 20, 21, 52, 53, 54, 56, 57, 58, 59, 60, 61,

62,63,65 District 5: Precincts 28, 29, 30A, 31, 32, 33, 34, 35, 36, 37. District 6: Precincts 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 69, 70, 75,

77 District 7: Precincts 73, 88, 89. 91, 92, 93, 94, 96, 97A, 98, 99 District 8: Precincts 67, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 District 9: Precincts 95, 97B, 101, 102, 103, 104, 105, 106, 107

Precinct change 0-106-2003 (5-20-2003) Precincts 91 & 104 changed to 104 Y & 104Z Precinct 2 changed to 2 Y & 2Z Precinct 4 changed to 44 & 42 Precinct 85 changed to 85Y & 85Z Precinct 87 changed to 87Y & 87Z Precinct 95 changed to 95Y & 95Z Precinct 96 changed to 96Y & 96Z Precinct 104 changed to 104 Y & 104Z Precinct 105 changed to 105Y & 105Z Precinct 107 changed to 107Y & 107Z

Precinct change 0-218-2004 (10-05-2004) Precincts 30B & 29 merged into Precinct 39 Precinct 105 split to Precinct 105 & 109 Precinct 107 split to 107 & 108

Precinct change 0-040-2006 (03-07-2006) Precinct 64B merged into Precinct 19

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Precinct change 0-059-2008 (03-19-2008) Precincts 107 & 108 split to 107, 108 & 111

Precinct change 0-060-2008 (03-19-2008) Precinct 101 split to 101 & 110

Precinct change 0-095-2011 (04-25-2011) Precinct 64 split to 64A and 64B

Precinct change 0-096-2011 (04-25-2011) I District 1: Precincts 8, 9, 25, 26, 27, 28A, 28B, 31, 39 & 71 District 2: Precincts 1, 2, 3, 4, 5, 6, 7, 11, 12 & 64A District 3: Precincts 10, 17, 18, 19, 22, 23, 24, 50, 51, 52, 64B, 66, 68, 72

& 74 . .

District 4: Precincts 13, 14, 15, 16, 20, 21, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65 & 90

District 5: Precincts 29, 30A, 32, 33, 34, 35, 36, 37 & 86 District 6: Precincts 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 69, 70, 75,

77, 82 & 83 District 7: Precincts 73, 89, 92, 93, 94, 95, 96, 97 A, 98, 99 & 100 District 8: Precincts 67, 76, 78, 79, 80, 81, 84, 85, 87, 88, 91 & 105 District 9: Precincts 97B, 101, 102, 103, 104, 106, 107, 109, 110 & 111

Precinct change 0-139-2014 (08-05-2014) Precinct 9 split to 9 & 113 Precinct 28A changed to 28 Precinct 28B changed to 114 Precinct 30A changed to 30 Precinct 97 A changed to 97 Precinct 97B changed to 115

Precinct change 0-027-2015 (02-03-2015) Precinct 64A changed to 64 Precinct 64B changed to 112

Precinct change 0-163-2015 (08-04-2015) Precinct 8 split to 8 & 119 Precincts 87Y & 87Z split to 87, 120 & 121 Precinct 102 split to 102 & 116 Precinct 109 split to 109 & 117 Precinct 111 split to 111 & 118

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LAFAYETTE CITY-PARISH COUNCIL MEETING

AGENDA ITEM SUBMITTAL FORM

1) JUSTIFICATION FOR REQUEST: An ordinance of the Lafayette City-Parish Council proposing amendments to various sections of the Lafayette City-Parish Consolidated Government Home Rule Charter.

2) ACTION REQUESTED: Adoption of Ordinance

3) REQUESTED ACTION OF COUNCIL:

A) INTRODUCTION: July 10. 2018

B) FINAL ADOPTION: July 24. 2018

4) DOCUMENTATION INCLUDED WITH THIS REQUEST:

A) Ordinance

B) Redlined version of Charter

C) Submittal

5) FISCAL IMPACT:

____ Fiscal Impact (Explain)

__ X~_No Fiscal Impact

APPROVED FOR AGENDA:

Isl Jay Castille. Kenneth Boudreaux and Bruce Congue JAY CASTILLE, DISTRICT 2, KENNETH BOUDREAUX, DISTRICT 4, BRUCE CONQUE, DISTRICT 6, LAFAYETTE CITY-PARISH COUNCIL

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ATTEST

PROCEEDINGS OF THE LAFAYETTE CITY-PARISH COUNCIL MEETING OF THE CITY-PARISH OF LAFAYETTE, ST ATE OF LOUISIANA, TAKEN AT A REGULAR MEETING OF AUGUST 7, 2018 HELD AT 705 W. UNIVERSITY AVENUE, LAFAYETTE, LA.

ATTENDANCE

COUNCIL: Kevin Naquin (Chair, District I), Bruce Conque (Vice-Chair, District 6), Jay Castille (District 2), Patrick Lewis (District 3), Kenneth Boudreaux (District 4), Jared Bellard (District 5), Nanette Cook (District 7), Liz Hebert (District 8) and William Theriot (District 9)

ABSENT: None

COUNCIL STAFF: Veronica L. Williams (Clerk of the Council), Joseph Gordon-Wiltz (Assistant Clerk of the Council), and Cindy Hebert (Administrative Assistant)

ADMINISTRATIVE STAFF: Joel Robideaux (Lafayette Mayor-President), Lorrie Toups (Chief Financial Officer), Paul Escott (City-Parish Attorney), Toby Aguillard (Police Chief), Robert Benoit (Fire Chief), Mark Dubroc (Public Works Director) and Danielle Breaux (Interim Development and Zoning Director)

(5:32:00) COMMENCEMENT

AGENDA ITEM NO. I: Call to order

Chair Naquin called the Regular Council Meeting of August 7, 2018 to order.

AGENDA ITEM NO. 2: Invocation and Pledge of Allegiance

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The Chair called upon Councilmember Boudreaux to cite the invocation and on Councilmember I Castille to lead the Pledge of Allegiance.

(5:33:02) WELCOME AND CHAIR ANNOUNCEMENTS

Naquin made the following announcements:

• Notice was given that a "PUBLIC HEARING" for Citizen Input on the Budget, on matters related to the proposed FY 18/19 budget, will be held Tuesday, August 21st at 5:30 pm here at 705 W. University Ave., in the Council Auditorium. Citizen input is encouraged. If you would like to view a full copy of the proposed budget document, it will be available on line at www.LafayetteLA.gov."

• Item # 11 , Resolution No. R-055-2018, (Resolution Calling the Charter Election) o The authors requested an amendment to coincide with certain changes made under

the newly revised proposed Charter amendments relative to LUS; o Item # 1 I was moved down to follow the Charter amendment ordinance, Item #I 7, 0-

121-2018. As per legal," .. . the recommended course of action here is to consider the Charter amendment ordinance first and wait to consider this election resolution until after that." It's not suggested that the Council vote to call an election (via the resolution) on a proposition that has not been yet considered by the Council. So the resolution will be moved down to follow the ordinance.

• Item # 17, Ordinance No. 0-121-2018, (Ordinance on Charter Amendments/Final Adoption): o The authors requested an amendment to substitute a revised Ordinance and Home

Rule Charter amendment proposal. o Council members Cook and Hebert offered an amendment to Section 2-01 relative to

"Tenn Limits" for Council Members who have not reached the maximum tenn. o Council Member Theriot offered amendments to Sections 2-08 .. . 3-09 ... 4-13 &4-14

and .. . 6-02. • Announced that maps for Item # 17 could be viewed in the Alcove just outside the door. • Item #4 1, introduction of Ordinance No. 0-138-2018, FT A Grant 5539 Bus and Bus

Facilities) was pulled from the in globo list at introduction, given Public Works requested an amendment to change the amount of anticipated revenues from $290, 137 to $362,434 and the match requirement from $5 1,20 I to $63,960.

• Wished Paul Escott, C ity-Parish Attorney a Happy Birthday, which he will celebrate on August 14th.

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• Announced that Item #27, 0-133-2018, (Bingo Ordinance) would be deferred to the August 21, 2018 regular council meeting.

(5:40: 15) AGENDA ITEM NO. 3: COUNCIL ANNOUNCEMENTS

Boudreaux reminded that the Lafayette school system would be starting on Wednesday, August 8, and that school zones would be in full effect and speed zones would be adjusted accordingly. He wished a safe and productive year to all students, teachers and school staff.

(5:41: 13) AGENDA ITEM NO. 4: EXECUTIVE/MAYOR-PRESIDENT'S REPORT Budget to Actual Comparison of Major Funds-June 2018 Toups noted that the monthly Budget to Actual Comparisons are to comply with statewide auditing procedures.

(5:42: 12) RESOLUTIONS

(5:42:27) AGENDA ITEM NO. 5: R-049-2018 A resolution of the Lafayette City-Parish Council adjusting one (I) appointment to the Lafayette Mayor-President's Awareness Committee for Citizens with Disabilities, motion to adopt by Conque, seconded by Hebert, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

(5:43: 17) AGENDA ITEM NO. 6: R-050-2018 A resolution of the Lafayette City-Parish Council authorizing the filing of an application with the U.S. Attorney's Office for a FY2018 Project Safe Neighborhoods (PSN) Grant for the Lafayette Police Department, motion to adopt by Boudreaux, seconded by Cook, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

(5:44:04) AGENDA ITEM NO. 7: R-051-2018 A resolution of the Lafayette City-Parish Council conferring signature authority for the Lafayette City-Parish Consolidated Government (Public Works)., motion to adopt by Cook, seconded by Conque, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved

(5:44:46) AGENDA ITEM NO. 8: R-052-2018 A resolution of the Lafayette C ity-Parish Council authorizing the Community Development Department to participate with the Louisiana Housing Corporation in the filing of an application with the U.S. Department of Housing and Urban Development for a Comprehensive Housing Counseling Program Grant, motion to adopt by Castille, seconded by Boudreaux, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

(5:45:42) AGENDA ITEM NO. 9: R-053-2018 A resolution of the Lafayette City-Parish Counci l authorizing non-warranty cash sale of the property at 229 Ike B. Street to an adjoining landowner pursuant to LSA-R.S. 47:2202(8) for the price of the sale' s anticipated costs, motion to adopt by Boudreaux, seconded by Lewis, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None

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Motion to adopt was approved.

(5:46:35) AGENDA ITEM NO. 10: R-054-2018 A resolution ofthe Lafayette City-Parish Council authorizing the non-warranty cash sale of the property at 202 Crestview Circle by Public Bid pursuant to LSA-R.S. 47:2201 et seq, motion to adopt by Boudreaux, seconded by Castille, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved .

ITEM #11 WAS MOVED TO DIRECTLY FOLLOW ITEM #17 AGENDA ITEM NO. 11: R-055-2018 (see below)

(5:47:43) REPORTS AND/OR DISCUSSION ITEMS

(5 :47:50) AGENDA ITEM NO. 12: Update on Public Works' drainage work and the dashboard program.

Mark Dubroc gave an update with a PowerPoint presentation. He noted that there are I 00 miles of channels in Lafayette Parish and there are 77 channels that are in need of maintenance.

Naquin asked that Dubroc provide the council members with a hard copy of the PowerPoint Presentation.

Boudreaux requested from Dubroc feedback on a list of drainage work for coulees that he had previously provided.

Dubroc noted that 54% of roadside ditches have been completed for cleaning.

(6:04:07) ORDINANCES FOR FINAL ADOPTION

(6:04:09)AGENDAITEMN0.13: 0-113-2018 An ordinance of the Lafayette CityParish Council authorizing the Lafayette City-Parish Consolidated Government to sell at an internet auction, miscellaneous surplus LCG library moveable property, which is no longer needed for public purposes, as per the attached list (Auction), motion to adopt by Boudreaux, seconded by Lewis. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt wa~ approved

(6:04:59) AGENDA ITEM NO. 14 0-114-2018 An ordinance of the Lafayette CityParish Council authorizing the Lafayette City-Parish Consolidated Government to sell at an internet auction, miscellaneous surplus LCG moveable property, which is no longer needed for public purposes, as per the attached list (Auction), motion to adopt by Bellard, seconded by Conque. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ASST AIN: None Motion to adopt was approved.

(6:05:41) AGENDA ITEM NO. 15: 0 - 115-2018 An ordinance of the Lafayette CityParish Council authorizing the Lafayette City-Parish Consolidated Government to sell at an internet auction, miscellaneous surplus LCG IS&T moveable property, which is no longer needed for public purposes, as per the attached list (Auction), motion to adopt by Bellard, seconded by Cook. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None

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Motion to adopt was approved.

Theriot asked Toups where can one go to obtain what is being sold and the value of what is being sold at the auction.

Toups relayed the question to Thomasina Oliver, Purchasing Manager, who responded that the public can obtain said infonnation at PublicSurplus.com. Pictures are posted of what is at auction and the public can place bids. Toups mentioned that items for auction are not available to LCG employees or their immediate family.

(6:08:10) AGENDA ITEM NO. 16: 0-120-2018 An ordinance of the Lafayette CityParish Council declaring the building or structure located at I 02 East Clinton Street, Lafayette, Louisiana, owned by Johnny Broussard, c/o Gerald J. Block, attorney appointed, to be dilapidated and dangerous to the public welfare and ordering the condemnation of same, motion to adopt by Theriot, seconded by Lewis. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

(6:09:12)AGENDAITEMN0.17: 0-121-2018 An ordinance of the Lafayette City-Parish Council proposing amendments to various sections of the Home Rule Charter of Lafayette City-Parish Consolidated Government. for the following purposes: to abolish the Lafayette City-Parish Council, and in its place, create a Lafayette City Council and a Lafayette Parish Council. as the governing authority for the Lafayette City-Parish Consolidated Government; to establish the City Council as the governing authority and legislative branch of the City of Lafayette and the Parish Council as the governing authority and legislative branch of the Parish of Lafayette, to abolish the Lafayette Public Utilities Authority and to substitute in its place the Lafayette City Council as the governing authority of the Utilities Department and of the Lafayette Public Power Authority; to provide that temporary occupants of the position of MayorPresident, City Council member, or Parish Council member during a period of vacancy shall be eligible to run in an election for the vacant position ; to abolish the Lafayette City-Parish Planning and Zoning Commission and to substitute in its place a separate City Planning and Zoning Commission for the City of Lafayette and a separate Parish Planning and Zoning Commission for the Parish of Lafayette; to change the method of nomination of prospective appointees to the Lafayette Municipal Civil Service Board; to change the method of counting the required percentages of voters for an initiative or referendum petition and to commence the recall process. to change the method of counting the number of votes necessary to amend the Lafayette CityParish Consolidated Government Home Rule Charter; to provide that any proposal for the management of a substantial part of the city' s utility system must be approved by vote of the electors of the City of Lafayette at an election called for that purpose by two-thirds vote of the Lafayette City Council, to apply tenn limits of current City-Parish Council Members to new City Council and Parish Council; and calling for an election of the duly qualified electors of the Parish of Lafayette by appropriate resolution. in order to consider such proposal. motion to adopt by Castille, seconded by Conque.

An amendment to substitute a revised ordinance and an amended version of the Charier document was motioned by Castille. seconded by Conque. A summary of the relevant differences between the proposed Charter amendments document, Introduced on July I 0, 2018. and the offered substitute amended version of the Charter document is as follows:

• Section 1-02 is changed to clarify that the City Council and the Parish Council, acting jointly, constitute the legislative branch of the Lafayette City-Parish Consolidated Government;

• Section 2-08 is changed to clarify that the affairs of the City of Lafayette and the Parish of Lafayette, as well as those of the Lafayette City-Parish Consolidated Government, are subject to the Council's investigation powers;

• Section 3-09(A)(2) is changed to clarify that the power of the Mayor-President to appoint, suspend, or remove employees applies to City of Lafayette, Parish of Lafayette, and/or Lafayette City-Parish Consolidated Government employees;

• Section 5-01 is changed to clarify that the City Council and the Parish Council, acting jointly, are the current fiscal year runs from November I to October 31;

• Section 7-03(A), regarding the necessary percentages of voters needed in a petition to prompt a vote on a change in or repeal of the Charter, is changed to make it consistent

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with the fonnula in Section 7-03(C). That is, there are two different counts - one for the City of Lafayette and one for the Parish of Lafayette. The original Charter amendments introduced on July I 0 required just one petition count of all of the "electors of the CityParish Government," which is one count of the entire parish;

• Section 2-0l(E), regarding tenn limits, is revised to provide that any member of the current City-Parish Council who will be term-limited at the end of the current term is ineligible to qualify to run for either the new City Council or the new Parish Council for the first tenn of either Council;

• Section 4-07 is changed to clarify that the Lafayette City Council is the also the governing authority of the Communications Division of the Utilities Department, and that the City Council shall remain the governing authority of any division of the Utilities Department that is reorganized, restructured, relocated, or which becomes its own department;

• Section 4-08, regarding the requirement that there be a vote of the electorate of the City of Lafayette in the event that there is a proposal to "sell, lease or in any manner dispose of the utility system or any substantial part thereof," has been expanded to include "any contract whereby an entity would purport to manage any substantial part of the utility system.'' The existing requirement that any proceeds from "sale or lease of the public utility" be used for capital improvements in the City of Lafayette has been similarly expanded to include proceeds from "disposal or all or any substantial part of the utility system, or any contract to manage any substantial part thereof." The provision is also clarified to explicitly state that the Lafayette City Council will be the sole body to call any such election, and that the call of such an election must be by a 2/3 vote of the Lafayette City Council;

• Section 4-09, regarding appointment of a director of the Department of Planning, Zoning, and Codes, is corrected to specify that the director must be appointed from a list of nominees from the City Planning Commission and the Parish Planning Commission;

• Sections 4-13 and 4-14, regarding the Police Department (4-13) and the Fire Department ( 4-14 ), are both amended to remove the phrase " ... except for matters within the scope of Section 2-11 (E) of this Charter." Section 2-11 (E) already provides guidelines for joint action by both the City and Parish Council on matters of certain shared interests or joint legislative power. Therefore, an explicit reference to this section here is unnecessary and may only lead to confusion;

• Section 4-1 S(C)(S) substitutes the President of the Southern University System for the President of the Louisiana State University System as a nominating authority for the City Council's appointees to the Municipal Civil Service Board;

• Section 6-0 I (D)(2),{3), and (6), regarding initiative and referendum petitions for matters within the legislative power of both the City Council and the Parish Council, clarifies the procedure for joint consideration of identical petitions by both the City Council and the Parish Council;

• Section 7-09(A) is clarified to provide that the power over local agencies and special districts previously vested in the City-Parish Council is jointly vested in the City Council and the Parish Council;

• Sections 7- 11 (B) and 7-12(8), regarding urban services districts and rural services districts. are changed to provide that the boundaries of an urban services district or rural service district may e ither "coincide with" or "fall within" the territorial boundaries of the City or Parish, respectively;

• Section 8-0 I revises descriptions of City Council districts to match most current City Council five-district map;

• Section 8-08 is changed to insert January 6, 2020 as controlling date (previously blank) to detennine which retirement plans continue in full force and effect; and the vote was as follows:

YEAS: Naquin, Castille, Boudreaux, Conque, Cook, Hebert NAYS: Lewis, Bellard, Theriot ABS ENT: None ABSTAIN: None Motion to amend was approved.

C itizens in attendance were welcomed to speak on the amendments that were being proposed: Roddy Bergeron s igned in, but did not wish to speak:

Andy Hebert requested that the ordinance be tabled so that there can be more input from the public.

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Jimmy Duhon signed in, hut did not wish to speak.

Matt Thibodeaux signed in, but did not wish to speak.

Wallace Senegal indicated that there are too many amendments and did not have a chance to read them all.

Jessica Allain s igned in, but did not wish to speak.

Andre Breaux s igned in, but did not wish to speak.

William LaBar signed in, but did not wish to speak.

Stewa1t Breaux signed in, but did not wish to speak.

Kevin Blanchard signed in, but did not wish to speak.

Eric C rozier s igned in, but did not wish to speak.

Mark deClouet signed in, but did not wish to speak.

Will Kellner signed in, but did not wish to speak.

Carlee Alm-LaBar signed in, but did not wish to speak.

Janene signed in. but did not wish to speak.

Miles Matt signed in. but did not wish to speak.

Anita Begnaud signed in, but did not wish to speak.

Ashley Mudd signed in, but did not wish to speak.

Roderick Robinson noted his frustration with the council for not giving the ci tizens more time for their input. I-le wanted the council to table the ordinance and wait until the 2020 census. He fu1ther noted that there will not have enough voters in the December election.

Michael Lun sford s igned in. but did not wish to speak.

Michael Delcambre signed in, but did not wish to speak.

Jeremiah Supple indicated that three councilmembers made an affirmation to him that there would be a two (2) week period for the public to study and understand the ordinance and charter before final adoption and he stated his disappointment with that not happening.

Kim Goodell signed in. but did not wish to speak.

Karen deClouet s igned in, but did not wish to speak.

Geoff Daily signed in, but did not wish to speak.

Ravis Martinez s igned in. but did not wish to speak.

Lloyd Rochon indicated that the citizens should have an oppo1tunity to the effect that the ordinance w ill have on future generations. He mentioned that it would be a great disservice to both the citizens of the city of Lafayette and also the unincorporated areas .

An amendment to Section 2-01 to provide that consecutive terms served by members of the exist ing City-Parish Council prior to January 6. 2020 shall be counted toward the term limitations of the new City Council and the new Parish Council for the first term of either Council was motioned by Cook, seconded by Hebe1t, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Bellard, Conque, Cook, Hebert, Theriot NAYS: Boudreaux ABSENT: None

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ABSTAIN: None /Vlotirm to amend was approved.

Roddy Bergeron signed in, but did not wish to speak.

Andrew Hebert s igned in, but did not wish to speak.

Lloyd Rochon s igned in. but did not wish to speak.

Jimmy Duhon s igned in, but did not wish to speak.

Matt Thibodeaux signed in, but did not wish to speak.

Wallace Senegal s igned in. but did not wish to speak.

Jessica Allain s igned in. but did not wish to speak.

Andre Breaux signed in. but did not wish to speak.

William La8ar s igned in, but did not wish to speak.

Stewart Breaux signed in, but did not wish to speak.

Kevin Blanchard signed in, but did not wish to speak.

Eric Crozier s igned in, but did not wish to speak.

Mark deClouet signed in. but did not wish to speak.

Will Kellner s igned in, but did not wish to speak.

Carlee Alm-LaBar s igned in, but did not wish to speak.

Janene dcClouet s igned in. but did not wish to speak.

Miles Matt signed in, but did not wish to speak.

Anita Begnaud signed in, but did not wish to speak.

Ashley Mudd s igned in. but did not wish to speak.

Roderick Robinson signed in. but did not wish to speak.

Michael Lunsford signed in, but did not wish to speak.

Michael Delcambre s igned in, but did not wish to speak.

Jeremiah Supple s igned in, but did not wish to speak.

Kim Goodell signed in, but did not wish to speak.

Karen deClouet signed in, but did not wish to speak.

Geoff Dai ly signed in, but did not wish to speak.

Ravis Martinez signed in, but did not wish to speak.

An amendment to include within the ordinance language with reference to providing that consecutive terms served by members of the existing C ity-Pari sh Council prior to January 6, 2020 shall be counted toward the term limitations of the new C ity Council and the new Parish Council for the first term of e ithe r Council was motioned by Casti lle. seconded by Conque. and the vote was as fo llows: YEAS: Naquin. Castille, Lewis. Boudreaux. Conque. Cook, Hebert NAYS: Bellard, Theriot

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ABSENT: None ABSTAIN: None A,fotion to amend was approved.

Andrew Hebert stated he believes that the Council is not following the Charter rules. Hebert indicated that he suspects that the Litle of the ordinance proposing the amendments was not published .

Roderick Robinson emphasized that the council was not taking any consideration of the citizens. Robinson stressed that there would not be a big turnout of voters at the December election.

An amendment to Section 6-02 to change the method of counting the required percentages of voters needed to commence the recall process and include elected officials of the City of Lafayette and the Parish of Lafayette was motioned by Theriot. seconded by Bellard, and the vote was as follows: YEAS: Naquin. Castille, Lewis, Boudreaux, Bellard. Conque. Cook, Hebert. Theriot NAYS: None ABSENT: None ABSTAIN: None Jl,fotion to amend was approved.

Andy Hebert asked that an amendment be made for the statement in the Charter: '"any elected official of the city-parish government may be removed from office". to address "city council'', "'parish council'' and also the "city-parish government''.

An amendment to include within the ordinance, language with reference to the method of counting the-required percentages of voters needed to commence the recall process was motioned by Theriot, seconded by Bellard, and the vote was as follows: YEAS: Naquin, Castille, Lewis. Boudreaux, Bellard. Conque, Cook. Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None A4otion to amend was approved.

An amendment to Section 2-08 to clarify investigation powers of the City Council and the Parish Council and to provide for the manner in which investigations are to be conducted was motioned by Theriot. seconded by Bellard. and the vote was as tallows: YEAS: Naquin, Castille. Lewis. Boudreaux, Bellard, Conque, Cook. Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None J\1otion to amend was approi•ed.

Andy Hebe11 asked who pays for the investigations.

Paul Escott responded stating that if it is a city investigation. then the city pays for it and if it is a parish investigation, the parish pays for it. If it is a joint investigation by both councils then it would be a split cost.

An amendment to Section 3-09 to change the number of members on the Professional Services Review Committee from a five (5) member body to a seven (7) member body was motioned by Bellard. seconded by Theriot, and the vote was as follows: YEAS: Bellard. Theriot NAYS: Naquin, Castille, Lewis. Boudreaux, Conque, Cook, Hebert ABSENT: None ABSTAIN: None Motion to amend.failed.

Andy Hebert asked why the city should have professional contracts be approved or recommended by parish councilmembers. Hebert stated that if it is a city contract, a city council appointee should make the recommendations.

Lloyd Rochon stated that if the amendment passes, there will be city representatives voting on parish matters and parish representatives voting on city matters. Rochon indicated that there

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should be one public services review committee for the city and one for the parish.

A motion to defer the Charter amendment proposal and consideration until after the 2010 Census has been completed was offered by Theriot, seconded by Bellard. and the vote was as follows: YEAS: Bellard. Theriot NAYS: Naquin, Castille, Lewis, Boudreaux, Conquc, Cook. Hebert ABSENT: None ABSTAIN: None Motion lo deferfailed.

The Chair then called for the vote on the ordinance. as amended, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux. Conque, Cook, Hebe1t NAYS: Bellard, Theriot ABSENT: None ABSTAIN: None ,'vfotion to adopt. as amended. was approved.

Roddy Bergeron stated that the citizens do not teel like the city-parish council represents them and are upset with the representation they are currently getting. He fu1ther mentioned that the citizens arc receiving the same representation and parish issues since the year 1996.

Andrew Hebert spoke about equal representation and questioned why citizens who live in the parish have the ability to vote on the taxing authority of the city. lie asked that the ordinance be tabled for at least two (2) weeks.

Lloyd Rochon stated that the deconsolidation may not be in the best interest of all citizens. He believes that citizens in the unincorporated area would be abandoned.

Jimmy Duhon asked that the ordinance be deferred to allow for council members to come up with a better plan.

Matt Thibodeaux stated that not enough information is being sent out to the public. Thibodeaux indicated that the city of Lafayette does not have equal representation.

Wallace Senegal stressed that he was concerned about the district that he lives in. Senegal explained that improvement does not always come with change.

Jessica Allain affirmed that the city of Lafayette needs the autonomy to deal with issues for the city of Lafayette. Allian noted that she is disturbed that the Pa rish citizens can vote on taxes that will be taxed only to City property.

Andre Breaux stated that he thinks there is broad agreement that there are flaws within the I-tome Ruic Cha11er that need to be fixed to provide more equitable representation for both the City and Parish of Lafayette. Breaux noted that the ordinance is a viable solution. Breaux affirmed that the issue should be put on the ballot and brought to the voters.

William LaBar stated that he is in suppo1t because of representation without taxation. He feels there is a fundamental flaw the way that the government is now setup. LaBar stressed that fixing the flaw would help the city move forward and establish a parish council that has dedicated focus on parish issues. Lal3ar affirmed that what is being proposed would benefit both the city and the parish .

Stewart Breaux confirmed that city res idents should vote on city issues and parish residents should vote on parish issues. Breaux noted the parish would benefit from a body that is responsible for the issue-s with the parish.

Kevin Blanchard emphasized the people of the city want to hold their e lected officials accountable. Blanchard indicated that this is a big deal for both the city and the parish.

Eric Crozier stated that he is in full support of the ordinance and the voters should be able to voice their opinions on this.

Mark deClouet declared that he supports the ordinance. He feels there is representation without taxation.

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Will Kellner stated that the city of Lafayette has been denied self-government for the past 22 years in favor of the res idents living in the unincorporated areas of the parish. Kellner wants to make it right and is in full support of the ordinance.

Carlee Alm-LaBar feels this is the best proposition she has seen to propose to fix consolidation and stated it provided the city its autonomy.

Janene deClouet concurs with what Carlee Alm-LaBar. Will Kellner and Mark deClouet has previously said. deClouet mentioned reading a quote stating to '·inhale the future and exhale the past.'"

Miles Matt stated saying ' 'no'" is the easiest thing in the world. Matt indicated that when something is not working, it should be fixed . Matt indicated that he is in support of the ordinance and if any problems arise in the future, they could be fi xed at that time.

Anita Begnaud advised that the city of Lafayette taxpayers deserve the right to self-government. Begnaud stressed the urgency in fixing the issue. She indicated that passing the ordinance would be a pos itive step.

Ashley Mudd spoke in favor of the ordinance and asked that it is placed on the ba llot m December so the citizens can decide how they should be represented.

Roderick Robinson explained that in 1996. the city residents of Lafayette voted for consolidation. Robinson noted that there wi II be a low voter turnout if it is placed on the ballot in December.

Michael Lunsford spoke in opposition of the ordinance.

Michael Delcambre stated that a council focused on the city of Lafayette will create more oppor1unities to move the downtown area and the city as a who le forward.

Jeremiah Supp le s igned in, in opposition of the ordinance.

Kim Goodell proposed that the utilities board be further developed to include technical advisors as a way to build new science, innovation, economic analys is and oversight for all the decisions that are made regarding the utilities as well as the water resources.

Karen deClouet exclaimed that she is in favor of the ordinance. deClouet asked that the council push forward and allow the citizens to vote.

Geoff Daily noted that the city and parish could each gain the benefit of elected o fficials who can focus I 00% on the issues that matter to each the city and the parish. Daily indicated that the deconsolidation would allow the elected officials to do a better job for the citizens.

Ravis Martinez indicated that fonnally he was in support of the ordinance but after reading the new amendments. is no longer in support. Martinez stated that the process is not allowing him and other c itizens enough time to go through the amendments to read and understand the m.

There were 12 citizens who s igned in to support the ordinance but did not wish to speak: and, two (:!)citizens who signed in opposition of the ordinance but did not wish to speak.

( 11: 10:41) AGENDA ITEM NO. 11: R-055-2018 A resolution of the Lafayette C ity- Parish Council ordering and calling a special election to be held in the Parish of Lafayette, State of Loui siana, to submit to electors a proposal to amend the Lafayette City-Parish Consolidated Government Home Rule Charter: making application to the State Bond Commi ssion 111

connection therewith; and providing for other matters in connection therewith. motion to adopt by Castille. seconded by Conque.

An amendment to include within the resolution language with reference to LUS and the management thereof and to also include language with reference to the method o f counting the required percentages of voters needed to commence the recall process was motioned by Castille, seconded by Conque, and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque. Cook. I lebert, T heriot NAYS: None ABSENT: None

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ABSTAIN: None Motfrm to amend was approved.

The Chair then called for the vote on the resolution. as amended. and the vote was as follows: YEAS: Naquin, Castille, Lewis, Boudreaux. Conque. Cook, Hebe1t NAYS: Bellard, Theriot ABSENT: None ABSTAIN: None Motion l o adopt. as amended, was approved.

Andrew Hebert stated there is a process to count the votes and wants to know what the process is and how the votes will be counted. Hebert questioned if the parish will be voting to change the taxing authority of the city of Lafayette.

Roderick Robinson stated that there will not be a good turnout of voters. Robinson stressed that if this passes, he believes it will lead to a parish wide tax.

Two (2) citizens signed in to oppose the ordinance but did not wish to speak.

One citizen signed in to support the ordinance but did not wish to speak.

(11:26:11) AGENDA ITEM NO. 18: 0 -1 23-2018 An ordinance of the Lafayette CityParish Council amending the FY 17/18 operating budget of the Lafayette City-Parish Consolidated Government by authorizing one (I) Animal Caretaker apprenticeship promotion within the Lafayette Animal Care Center Division, motion to adopt by Castille, seconded by Conque. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

( 11 :26:52) AGENDA ITEM NO. 19: 0-124-2018 An ordinance of the Lafayette CityParish Council amending the FY 17118 operating budget of the Lafayette City-Parish Consolidated Government by increasing revenues in the amount of $44,323 received from the U.S. Department of Justice for a 20 I 7 Edward Byrne Justice Assistance Grant (JAG), and appropriating within the Lafayette Police Department, motion to adopt by Castille, seconded by Lewis. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

( 11 :27:46) AGENDA ITEM NO. 20: 0-125-2018 An ordinance of the Lafayette CityParish Council amending the FY 17/18 operating budget of the Lafayette City-Parish Consolidated Government by transferring $192,706 from Promotion Costs within the Emergency Operations Division of the Lafayette Fire Department and appropriating to Overtime for additional funding needed, motion to adopt by Castille, seconded by Boudreaux. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

(11:28:34)AGENDAITEMN0.21 : 0-126-2018 An ordinance of the Lafayette CityParish Council authorizing the Lafayette Mayor-President to submit the 2018 Annual Plan Grant Application to the U.S. Department of Housing and Urban Development, motion to adopt by Boudreaux, seconded by Conque. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion 10 adopl was approved.

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( 11:29:11) AGENDA ITEM NO. 22: 0-127-2018 An ordinance of the Lafayette CityParish Council amending the FY 17I18 operating budget of the Lafayette City-Parish Consolidated Government by increasing revenues in the amount of $1,389,732 in CDBG Funds received from the U.S . Department of Housing and Urban Development, adjusting the Manning Table and Personnel Costs for the reorganization of the Housing Section, and appropriating funds within the Community Development Department, motion to adopt by Boudreaux, seconded by Castille. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

( 11 :30:08) AGENDA ITEM NO. 23: 0-128-2018 An ordinance of the Lafayette CityParish Council amending the FY 17/ 18 operating budget of the Lafayette City-Parish Consolidated Government by increasing revenues in the amount of $636,789 in HOME Funds received from the U.S. Department of Housing and Urban Development, adjusting the Manning Table and Personnel Costs for the reorganization of the Housing Section and appropriating funds within the Community Development Department, motion to adopt by Conque, seconded by Castille. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

( 11 :31 :06) AGENDA ITEM NO. 24: 0-129-2018 An ordinance of the Lafayette CityParish Council authorizing the filing of grant applications with the Wal-Mart Foundation and the Coca-Cola Foundation and other recycling and litter prevention grant programs that may become available, motion to adopt by Cook, seconded by Hebert. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

(II :31 :47) AGENDA ITEM NO. 25: 0-130-2018 An ordinance of the Lafayette CityParish Council amending the FY 17/ 18 operating budget by recognizing additional revenues from ticket sales in the amount of $913,211 and appropriating within the Arts and Culture Division of the Community Development Department, motion to adopt by Boudreaux, seconded by Castille. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

( 11 :32:41) AGENDA ITEM NO. 26: 0-131-2018 An ordinance of the Lafayette CityParish Council authorizing Non-Warranty Donation of the property at 413 Morgan Street to Holy Family School Pursuant to La. R.S. 47:2205, motion to adopt by Castille, seconded by Conque. YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to adopt was approved.

One (I) citizen signed in to respond only to questions, there were no questions.

Julie Chauvin signed in to speak, but passed her time.

ITEM #27 WAS DEFERRED TO THE AUGUST 21, 2018 REGULAR COUNCIL MEETING AGENDA ITEM NO. 27: 0-133-2018 An ordinance of the Lafayette City-Parish Council amending Section 18-13 of the Lafayette City-Parish Consolidated Government Code of Ordinances to change the minimum distance between licensed bingo halls in the City of Lafayette

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and to clarify the method of measurement to be employed for such determination.

ANNOUNCEMENT OF VACANCIES ON BOARD/COMMISSION

(11 :34:38) AGENDA ITEM NO. 28: Due to expiration, a vacancy will exist on the Lafayette Airport Commission, for a four-year tenn effective November I, 2018.

(11 :34:46) AGENDA ITEM NO. 29: Due to expiration, a vacancy will exist on the Lafayette Public Trust Financing Authority, for a five-year term effective November I, 2018.

Individuals wishing to submit a resume for the above volunteer vacancies must be a registered voter and a resident of the Parish of Lafayette. Yearly ethics training for all appointees is required as is financial disclosure under certain circumstances. Resumes are to be forwarded to Veronica L. Williams, Clerk of the Council, P.O. Box 4017-C. Lafayette. LA 70502 or emailed to [email protected] no later than noon, Tuesday, August 21 with appointment(s) to be made on September 4, 2018.

CONSIDER APPOINTMENT BY THE COUNCIL, AS A WHOLE, TO BOARDS/COMMISSIONS

( 11 :35:41) AGENDA ITEM NO. 30: Appointment of Charles F. Bull to the Downtown Management Committee, for a four-year term. Applicants must own immovable property or own a business that operates from a Downtown location, or be a director, partner, or member (as the case may be) of a business entity owning property or operating a business from a Downtown location. Hebert and Lewis nominated Bull and Boudreaux nominated Johnson and the vote was as follows: BULL: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot JOHNSON: None ABSENT: None ABSTAIN: None Bull was appointed.

(11:37:51)AGENDAITEMN0.31: Appointment of Anya Burgess to the Downtown Management Committee, for a four-year term. Applicants must own immovable property or own a business that operates from a Downtown location. or be a director, partner. or member (as the case may be) of a business entity owning property or operating a business from a Downtown location. Cook nominated Burgess and Boudreaux nominated Johnson and the vote was as follows:

BURGESS: Naquin, Castille, Lewis, Bellard, Conque, Cook, Theriot JOHNSON: Boudreaux, Hebert NAYS: None ABSENT: None ABSTAIN: None Burgess was appointed.

( 11 :39:24) AGENDA ITEM NO. 32: Appointment of Maureen Dugas Foster to the Evangeline Thruway Redevelopment Team, for the remainder of an unexpired four-year tenn through April 30, 2019. Castille nominated Foster and the vote was as follows: FOSTER: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Foster was appointed.

(11 :40:34) AGENDA ITEM NO. 33: Appointment of Blair W. Green to the Planning and Zoning Commission, for the remainder of an unexpired five-year tenn through May 31 , 2022. Applicants must reside within the City of Lafayette. Castille nominated Green and Cook nominated Miller and the vote was as follows: GREEN: Naquin, Castille, Lewis, Boudreaux, Conque, Hebert, MILLER: Bellard, Cook, Theriot NAYS: None

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ABSENT: None ABSTAIN: None Green was appointed.

( 11 :41 :53) AGENDA ITEM NO. 34: Appointment of Ray A. Landry to the Lafayette Parish Bayou Vermilion District, for a four-year term, effective October l, 2018. The vote was as follows: LANDRY: Naquin, Castille, Lewis, Boudreaux, Conque, Cook, Hebert CORNELL: Bellard, Theriot NAYS: None ABSENT: None ABSTAIN: None Landry was appointed.

( 11 :42:50) AGENDA ITEM NO. 35: Appointment of Kristie C. Cornell to the Lafayette Parish Bayou Vermilion District, for a four-year term, effective October I, 2018. CORNELL: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Cornell was appointed.

APPOINTMENTS BY COUNCIL MEMBERS, MAYOR-PRESIDENT AND/OR ANY OTHER DIRECT APPOINTING AUTHORITY

(11 :43:44) AGENDA ITEM NO. 36: Downtown Lafayette Unlimited appointed Mike Delcambre to the Downtown Development Authority for a three-year term, effective September 1, 2018.

INTRODUCTORY ORDINANCES

( 11 :44:0 I) Naquin reminded everyone that Item #41, introduction of Ordinance No. 0-138-2018, was being pulled from the in globo list for separate vote and discussion to be addressed following the in globo vote.

( 11 :44:09) A motion to introduce agenda items 37-40 and 42-44, in globo, was offered by Bellard, seconded by Castille.

3 7. 0-134-2018 An ordinance of the Lafayette City-Parish Council amending the Unified Development Code and the official map of the City of Lafayette, providing for the annexation of additional land into the corporate limits of the City of Lafayette, Louisiana, Case NO. ZON2018-0002, 2932 Ambassador Caffery Parkway Annexation, located generally north of West Bonaire Drive, west of Ambassador Caffery Parkway and south of West Congress Street, and assigning a zoning classification of CM-I (Commercial Mixed) (District 5).(Development and Planning)

38. 0-135-2018 An ordinance of the Lafayette City-Parish Council amending the Unified Development Code so as to reclassify the property of Newville Dominique Developments, LLC, Case No. ZON2018-0016 219 & 221 Wilkie Street Rezoning, located generally east of Wilkie Street, north of Rayburn Street and south of Ella Street; the particular parcel being rezoned from RM-I (Residential Mixed) to RM-2 (Residential Mixed). (Development and Planning)

39. 0 - 136-2018 An ordinance of the Lafayette City-Parish Council amending the Unified Development Code so as to reclassify the property of River Ranch Development LLC, Annie Maria LLC c/o Phil Stomas Jr. , Fisher Partners LLC, Case No. ZON2018-0017, 1000 Block of Camellia Boulevard & I 03 Beaulac Lane Rezoning, located generally northeast of Camellia Boulevard, northwest of Beaulac Lane and southwest of Woods Crossing; the particular parcel being rezoned from MN- I (Mixed-Use Neighborhood) to MN-2 (Mixed-Use Neighborhood). (Deve lopment and Planning)

40. 0-137-2018 An ordinance of the Lafayette City-Parish Council amending the Unified Development Code and the official map of the City of Lafayette, providing for the annexation of additional land into the corporate limits of the City of Lafayette, Louisiana,

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Case No. ZON2018-0018, I 09 Porter Lane Annexation, located generally north of Carmel Drive, east of Louisiana Avenue and south of East Willow Street, and assigning a zoning classification of RS- I (Residential Single-Family) (District 4). (Development and Planning)

Item #41, Ordinance No. 0-138-2018, was addressed separately, after the in globo vote.

42. 0-139-2018 An ordinance of the Lafayette City-Parish Council amending the FY 17/18 Capital Budget of the Lafayette City-Parish Consolidated Government by increasing anticipated revenues in the amount of $908,744 from the Federal Transit Administration (FTA) Section 5307 Urbanized Area Fonnula Grant along with the required match in the amount of $211 ,745 for use within the Public Works Department, Transit Division. (Public Works)

43. 0 -140-2018 An ordinance of the Lafayette City-Parish Council declaring the rear mobile home located at 303 Loranger Drive, Lafayette, Louisiana, owned by Lawrence (NMI) Dore, c/o Gerald J. Block, Attorney Appointed, to be dilapidated and dangerous to the public welfare and ordering the condemnation of same.

44. 0-141 -2018 An ordinance of the Lafayette City-Parish Council consolidating and merging precincts as authorized and in accordance with the applicable provisions of the Louisiana Election Code, LA R.S. 18:532, et seq. (Legal)

AGENDA ITEM NO. 45: Comments from the public concerning the above introductory ordinances. No one signed in to speak to the introductory ordinances.

(I I :47:57) The Chair then called for the vote to introduce ordinances (items 37-40 and 42-44), in globo, and the vote was as follows: YEAS: Naquin, Casti lle, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to introduce, in globo, was approved.

( 11 :48:37) AGENDA ITEM NO. 41: 0- I 38-2018 An ordinance of the Lafayette CityParish Council amending the FY 17/18 Capital Budget of the Lafayette City-Parish Consolidated Government by increasing anticipated revenues in the amount of $290, 13 7 from the Federal Transit Administration (FT A) Section 5339 Bus and Bus Facilities Grant along with the required match in the amount of $51,201 for Federal Fiscal Year of 20 18 for use within the Public Works Department, Transit Division, motion to adopt by Bellard, seconded by Conque.

Motion to amend to adjust the amount received to increase anticipated revenues, by Bellard, seconded by Conque, and the vote was as follows: YEAS: Naquin, Castil le, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to amend was approved.

The Chair then called for the vote to introduce, as amended, and the vote was as fo llows: YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert, Theriot NAYS: None ABSENT: None ABSTAIN: None Motion to introduce, as amended, was approved.

(1 1:53:00) ADJOURN

There being no further business to come before the Council, Chair Naquin declared the Regular Meeting adjourned.

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- Sttfftt_9_16_Coded

CJLFT_,.,_.2016 aty_CoYftciLPiln_ld_1ttl

DISTRICT

D • D > D • D • D •

w*t •

Ddtrict 12010 Pop

24146 23264 25167 25002

23024

Deviation

21 -841

1042 877

· 1101

% O.vietion Whit.

0.1% 8405

-3.5% 16531

4.3% 21924 3.6% 20564

-4.6% 7513 76937

Lafayette City Council District Draft Plan 2d

2018 Boundaries

NH.,.,. %NHDOJ % Wllllo Blk Blk

30% 14775 61.2% 79.6% 3199 13.7%

87.1% 1901 7.6% 82.2% 3132 12.5% 32.6% 14813 64.3%

64% 37820 31%

- --,rr .. NHfl+ %NRfi+ 11+Pop 11+Wht - DOJ Blk DOJ Blk I

17""' 6975 39.6% 9947 56.5%1

19349 15637 81.8% 2338 12.1% 19670 17320 88.1% 1312 6.711 19574 16301 83.3% 2303 11,811

18147 8 782 37.4% 1078! 59,411 94342 63215 . 67% 26685 2811

EXHIBIT

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Geographic Planning & Demographic Services

• 1116 °'*> 0... RO 0.-,, LA 705ll S37~1MJ'4

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RESOLUTION NO. R-055-2018

ITEM NO. 11 - COUNCIL EDD· 08-07-2018

A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN THE PARISH OF LAFAYETTE, ST ATE OF LOUISIANA, TO

SUBMIT TO ELECTORS A PROPOSAL TO AMEND THE LAFAYETTE CITYPARISH CONSOLIDATED GOVERNMENT HOME RULE CHARTER;

MAKING APPLICATION TO THE STA TE BOND COMMISSION IN CONNECTION THEREWITH; AND PROVIDING FOR OTHER MATTERS IN

CONNECTION THEREWITH

BE IT RESOLVED by the Lafayette City-Parish Council (the "Governing Authority"), acting as the governing authority of the City of Lafayette (the "City") and the Parish of Lafayette, State of Louisiana (the "Parish"), that:

SECTION 1: Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 5 and 22 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part IX, Chapter 2, Title 33 of the Louisiana Revised Statutes of 1950, as amended, the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the Parish on SATURDAY, DECEMBER 8, 2018 between the hours of seven o'clock (7:00) a.m., and eight o'clock (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 election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:

HOME RULE CHARTER AMENDMENT PROPOSITION

Shall the Lafayette City-Parish Consolidated Government Home Rule Charter be amended to: abolish City-Parish Council, create the Lafayette City Council and Lafayette Parish Council, as governing authority for Lafayette City-Parish Consolidated Government; establish as governing authority, City Council for City of Lafayette and Parish Council for Parish of Lafayette; apply term limits of current City-Parish Council members to new City Council and Parish Council; abolish Lafayette Public Utilities Authority, establish Lafayette City Council as governing authority of Utilities Department and Lafayette Public Power Authority; establish any proposal for management of substantial part of utility system be approved by vote of electors of City of Lafayette at election called for that purpose by two-thirds vote of Lafayette City Council ; grant eligibility to acting Mayor-President or Council member for election to that position; abolish Lafayette City-Parish Planning and Zoning Commission, establish City Planning and Zoning Commission and Parish Planning and Zoning Commission; change method of nomination of prospective appointees to Lafayette Municipal Civil Service Board; change method of counting required percentages of voters for initiative or referendum petition and commencement of recall process; change method of counting number of votes necessary to amend the Lafayette City-Parish Consolidated Government Home Rule Charter?

SECTION 2: Publication of Notice of Election. A Notice of Special Election shall be published in The Advertiser, a daily newspaper of general circulation within the Parish, published in Lafayette, Louisiana, and being the official journal of the Parish, once a week for four (4) consecutive weeks, with the first publication to be made not less than forty-fi ve (45) days nor more than ninety (90) days prior to the date of 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, the Council Auditorium, 705 West University, Lafayette, Louisiana, on TUESDAY, DECEMBER 18, 2018, at FIVE-THIRTY O'CLOCK (5:30) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.

EXHIBIT

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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 Tuesday, December 18, 2018, as provided in Section 3 hereof. All registered voters in the Parish will be entitled to vote at the special election, and voting machines shall be used.

SECTION 6: Authorization of Officers. The Clerk of the Council 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 Chainnan and/or Clerk of the Council 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, including but not limited to, appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.

SECTION 7: Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and ExOfficio Parish Custodian of Voting Machines of Lafayette Parish and the Registrar of Voters of Lafayette Parish, as notification of the special election, in order that each may prepare for said election and perfonn their respective functions as required by law.

SECTION 8: 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. A certified copy of this resolution 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 9: All resolutions, or parts thereof, in conflict herewith are hereby repealed.

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

YEAS: Naquin. Castille, Lewis, Boudreaux, Conque, Cook, Hebert

NAYS: Bellard, Theriot

ABSTAIN: None

ABSENT: None

And the resolution was declared adopte o

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POLLING PLACES

Precinct Location

36 Ridge Elem School, 2901 S. Fieldspan Rd., Duson

I 37 Judice Middle School, 2645 S. Fieldspan Rd., Duson

38 SJ Montgomery Elem School, 600 Foreman Dr., Lafayette

39 LITE Center, 537 Ca,jundome Blvd., Lafayette

40 LITE Center, 537 Cajundome Blvd., Lafayette

41 S J Montgomery Elem School, 600 Foreman Dr., Lafayette

42 SJ Montgomery Elem School, 600 Foreman Dr., Lafayette

43 Prairie Elem School, 2910 Ambassador Caffery Pkwy, Lafayette

44 Prairie Elem School, 2910 Ambassador Caffery Pkwy, Lafayette

45 Laf. High School, 3000 W. Congress St., Lafayette



48 Laf. Consolidated Govt. Bldg., 705 W. University, Lafayette

49 Myrtle Place Elem School, 1100 Myrtle Place, Lafayette

50 Martin Luther King Rec. Center, 309 Cora Street, Lafayette

51 Martin Luther King Rec. Center, 309 Cora Street, Lafayette

52 NP Moss Annex, 801 Mudd Ave., Lafayette I

53 N P Moss Annex, 80 l Mudd Ave., Lafayette

54 Domingue Recreation Center, 901 Mudd Ave., Lafayette

55 J.W. Faulk Elem. School, 711 E. Willow St., Lafayette



58 W. A. Lerosen Elem. School, 516 E. Pinhook Rd., Lafayette

59 Lafayette Parish School Bd., 113 Chaplin Dr., Lafayette

60 Lafayette Parish School Bd., 113 Chaplin Dr., Lafayette



63 Northside High School, 301 Dunand St., Lafayette

64 Carencro High School, 721 W. Butcher Switch Rd., Carencro

65 Dept. of Veteran's Affairs, 2100 Jefferson St., Lafayette I 66 Laf. Consolidated Govt. Bldg., 705 W. University, Lafayette

67 South Regional Library, 6101 Johnston St., Lafayette

68 Laf Consolidated Govt. Bldg., 705 W. University Ave., Lafayette

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POLLING PLACES

Precinct Location

69 Lafayette Middle School, 1301 W. University Ave., Lafayette

70 Lafayette Middle School, 1301 W. University Ave., Lafayette

71 Duson Elem. School, 304 Fourth St., Duson I 72 University Student Union Building. 620 McKinley St, Lafayette

73 Dept. of Veteran's Affairs, 2100 Jefferson St., Lafayette

74 Laf. Consolidated Govt. Bldg., 705 W. University, Lafayette

75 Laf. Economic Development Authority, 211 E. Devalcourt St., Lafayette

76 Laf. Economic Development Authority, 211 E. Devalcourt St., Lafayette

77 Woodvale Elem. School, 100 Leon Dr., Lafayette

78 Woodvale Elem School, 100 Leon Dr., Lafayette

79 L J Alleman Middle School, 600 Roselawn Blvd., Lafayette

80 L J Alleman Middle School, 600 Roselawn Blvd., Lafayette

81 Woodvale Elem. School, 100 Leon Dr., Lafayette

82 Thomas Park Recreation Center, 300 Geraldine Dr., Lafayette

83 Broadmoor Elem School, 609 Broadmoor Blvd., Lafayette I 84 Broadmoor Elem. School, 609 Broadmoor Blvd., Lafayette

85y Edgar Martin Middle School, 401 Broadmoor Blvd., Lafayette

85z Edgar Martin Middle School, 401 Broadmoor Blvd., Lafayette

86 South Regional Library, 6101 Johnston St., Lafayette

87 Plantation Elem School, 1801 Kaliste Saloom Rd., Lafayette



90 Dept. of Veteran's Affairs, 2100 Jefferson, St. Lafayette

91 Allen Comeaux Rec. Center Magnolia Room, 411 W. Bluebird Dr., Lafayette

92 Allen Comeaux Rec. Center Cypress Room, 411 W. Bluebird Dr., Lafayette

93 Comeaux High School, 100 W. Bluebird Dr., Lafayette

94 Comeaux High School, 100 W. Bluebird Dr., Lafayette

95y Comeaux High School, 100 W. Bluebird Dr., Lafayette I 95z Comeaux High School, 100 W. Bluebird Dr., Lafayette

96y Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr., Lafayette

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POLLING PLACES

Precinct Location

96z Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr.,

I Lafayette

97 Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr., Lafayette

98 Broussard Community Center, 108 Broadview Drive, Broussard

99 Broussard Community Center, 108 Broadview Drive, Broussard

100 Broussard Middle School, 1325 S. Morgan Ave., Broussard


102 Youngsville Middle School, 600 Church Street, Youngsville


104y Allen Comeaux Rec. Center Magnolia Room, 411 W. Bluebird Dr., Lafayette

104z Allen Comeaux Rec. Center Magnolia Room, 411 W. Bluebird Dr., Lafayette

105 Milton Elem School, 222 W. Milton Ave., Milton


I 107 Youngsville Middle School, 600 Church Street, Youngsville

108 Ernest Gallet Elem School, 2901 E. Milton Ave, Youngsville



111 Ernest Gallet Elem School, 2901 E. Milton Ave., Youngsville

112 Carencro High School, 721 W. Butcher Switch Rd., Carencro

113 Live Oak School, 3020 N. University Ave., Lafayette

I 114 I Duson Elem. School, 304 4t1' St., Duson I 115 Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr.,

Lafayette



118 Ernest Gallet Elem School, 2901 E. Milton Ave, Youngsville

I 119 Ossun Elem School, 400 Rue Scholastique, Lafayette

120 Plantation Elem Cafeteria, 1801 Kaliste Saloom Rd., Lafayette

121 Plantation Elem Cafeteria, 1801 Kaliste Saloom Rd., Lafayette

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The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.

The said special election will be held in accordance. with the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Council Auditorium, 705 West University, Lafayette, Louisiana, on TUESDAY, DECEMBER 18, 2018, at FIVE-THIRTY O'CLOCK (5:30) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the Parish are entitled to vote at said special election and voting machines will be used.

THUS DONE AND SIGNED at Lafayette, Louisiana, on this, the _ 1h day of

August, 2018.

Isl Kevin Naguin Chairman

ATTEST:

Isl Veronica L. Williams Clerk of the Council

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ST ATE OF LOUISIANA

PARISH OF LAFAYETTE

I, the undersigned Clerk of the Council of the Lafayette City-Parish Council

I (the "Governing Authoritv"), the governing authority of the City ofWayette (the "City")

and the Parish of Lafayette, State of Louisiana (the "Parish"), do hereby certify that the

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foregoing ___ pages constitute a true and correct copy of the proceedings taken by

the Governing Authority on August 7, 2018, ordering and calling a special election to be

held in the Parish of Lafayette, State of Louisiana, to submit to electors a proposal to

amend the Lafayette City-Parish Consolidated Government Home Rule Charter; making

application to the State Bond Commission in connection therewith; and providing for

other matters in connection therewith.

IN FAITH WHEREOF, witness my official signature and the impress of the

official seal of the City and Parish of Lafayette, Louisiana, on this, the __ th day of

August, 2018.

(SEAL)

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RESOLUTION NO. R-084-2018

A RESOLUTION OF THE LAFAYETTE CITY-PARISH COUNCIL PROVIDING FOR CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE

SPECIAL ELECTION HELD IN THE PARISH OF LAFAYETTE, STATE OF LOUISIANA, ON DECEMBER 8, 2018, TO SUBMIT TO ELECTORS A

PROPOSAL TO AMEND THE LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT HOME RULE CHARTER

BE IT RESOLVED by the Lafayette City-Parish Council (the "Governing Authority"),

acting as the governing authority of the City of Lafayette (the "City") and the Parish of Lafayette,

State of Louisiana (the "Parish"), that:

SECTION 1: Canvass. This Governing Authority does now proceed in open and

public session to examine the official tabulations of votes cast at the special election held in the

Parish of Lafayette, State of Louisiana, (the "Parish"), on DECEMBER 8, 2018, to submit to

electors a proposal to amend the Lafayette City-Parish Consolidated Government Home Rule

Charter, and said Governing Authority does further proceed to examine and canvass the returns and

declare the result of the special election.

SECTION 2: Proces Verbal. A Proces Verbal of the canvass of the returns of said

election shall be made and a certified copy thereof shall be forwarded to the Secretary of State,

Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof

shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish

of Lafayette, who shall record the same in the Mortgage Records of said Parish; and another copy

thereof shall be retained in the archives of this Governing Authority.

SECTION 3: Promulgation of Election Result. The result of said election shall be

promulgated by publication in the manner provided by law.

SECTION 4: All resolutions, or parts thereof, in conflict herewith are hereby repealed.

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

YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Hebert

NAYS: None

ABSENT: Theriot

ABSTAIN: None

AND the resolution was declared adopted on thi

VE NI A L. WILLIAMS, CLERK LAFAYETTE CITY-PARISH COUNCIL

EXHIBIT

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PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN THE PARISH OF LAFAYETTE, ST A TE OF LOUISIANA, ON DECEMBER 8, 2018.

BE IT KNOWN AND REMEMBERED that on Tuesday, December 18, 2018, at five-thirty o'clock (5:30) p.m., at its regular meeting place, the Council Auditorium, 705 West University, Lafayette, Louisiana, the Lafayette City-Parish Council (the "Governing Authority"), acting as the governing authority of the Parish of Lafayette, State of Louisiana (the "Parish"), and being the authority ordering the special election held therein on December 8, 2018, with the following members present: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook. Hebert

There being absent: _..T=he=r~io~t _ _ _________________ _

did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:

HOME RULE CHARTER AMENDMENT PROPOSITION

Shall the Lafayette City-Parish Consolidated Government Home Rule Charter be amended to: abolish City-Parish Council, create the Lafayette City Council and Lafayette Parish Council, as governing authority for Lafayette City-Parish Consolidated Government; establish as governing authority, City Council for City of Lafayette and Parish Council for Parish of Lafayette; apply term limits of current City-Parish Council members to new City Council and Parish Council; abolish Lafayette Public Utilities Authority, establish Lafayette City Council as governing authority of Utilities Department and Lafayette Public Power Authority; establish any proposal for management of substantial part of utility system be approved by vote of electors of City of Lafayette at election called for that purpose by two-thirds vote of Lafayette City Council; grant eligibility to acting Mayor-President or Council member for election to that position; abolish Lafayette City-Parish Planning and Zoning Commission, establish City Planning and Zoning Commission and Parish Planning and Zoning Commission; change method of nomination of prospective appointees to Lafayette Municipal Civil Service Board; change method of counting required percentages of voters for initiative or referendum petition and commencement of recall process; change method of counting number of votes necessary to amend the Lafayette City-Parish Consolidated Government Home Rule Charter?

There was found by said count and canvass that the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:

POLLING PLACES VOTE TABULATION

Precinct Location FOR AGAINST

01 Carencro Middle Gym, 4301 N. University Ave., Carencro 179 201

02y Carencro Middle Gym (West), 4301 N. University Ave., Carencro 84 155

02z Carencro Middle Gym (West), 4301 N. University Ave., Carencro 120 160


04y Carencro Middle School Cafeteria, 4301 N. University Ave., Carencro 168 170

04z Carencro Middle School Cafeteria, 4301 N. University Ave., Carencro 176 187

05 Carencro Heights Elem, 601 Tee Ma Road, 118 108

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Carencro


07 Carencro Heights Elem, 601 Tee Ma Road, Carencro 175 217

08 Ossun Elem School, 400 Rue Scholastique, I Lafayette 113 114

09 Live Oak Elem School, 3020 N. University Ave., Lafayette 106 124

10 J. Wallace James Elem. School, 1500 W. Willow St., Scott 64 63

11 Acadian Middle School - Cafeteria, 4201 Moss St., Lafayette 152 141

12 Acadian Middle School, 420 l Moss St., Lafayette 159 142

13 Acadian Middle School, 4201 Moss St., Lafayette 144 121

14 Northside High School, 301 Dunand St. , Lafayette 71 36

15 Northside High School, 301 Dunand St., Lafayette 86 39


17 Alice Boucher Elem. School, 400 Patterson St., Lafayette 58 34

18 Alice Boucher Elem. School, 400 Patterson St., Lafayette 89 46 I

19 Martin Luther King Rec. Center, 309 Cora Street, Lafayette 76 65


21 J W Faulk Elem School, 711 E Willow St, Lafayette 46 34



24 J. Wallace James Elem. School, 1500 W. Willow St., Scott 78 40

25 Scott City Hall, 125 Lions Club Rd., Scott 34 36

26 Scott City Hall, 125 Lions Club Rd., Scott 97 83

27 Duson Community Center, 310 Ave Au Nord, Duson 58 74

28 Duson Elem School, 304 Fourth St, Duson 135 226 I 29y Scott Middle School, 116 Marie St., Scott 99 162

29z Scott Middle School, 116 Marie St., Scott 86 153

30 Scott Middle School, 116 Marie St., Scott 80 115

31 Acadiana High School, 315 Rue De Belier, Lafayette 116 121

32 Acadiana High School, 315 Rue De Belier, Lafayette 186 141

33 Prairie Elem. School, 2910 Ambassador Caffery, Lafayette 208 195

34 Ridge Elem School, 2901 S. Fieldspan Rd., Duson 126 189

I 35 Judice Middle School, 2645 S. Fieldspan Rd.,

Duson 89 114

36 Ridge Elem School, 2901 S. Fieldspan Rd., Duson 190 208

37 Judice Middle School, 2645 S. Fieldspan Rd., Duson 187 219

38 S J Montgomery Elem School, 600 Foreman Dr., Lafayette 143 111

39 LITE Center, 537 Cajundome Blvd., Lafayette 88 69

40 LITE Center, 537 Cajundome Blvd., Lafayette 88 53

41 SJ Montgomery Elem School, 600 Foreman Dr., Lafayette 124 65

42 SJ Montgomery Elem School, 600 Foreman Dr., Lafayette 91 71

43 Prairie Elem School, 2910 Ambassador Caffery Pkwy, Lafayette 96 77

44 Prairie Elem School, 2910 Ambassador Caffery Pkwy, Lafayette 58 72

I 45 Laf. High School, 3000 W. Congress St., Lafayette 110 83

46 Laf. High School, 3000 W. Congress St., Lafayette 95 61

47 Laf. High School, 3000 W. Congress St., Lafayette 158 98

48 Laf. Consolidated Govt. Bldg., 705 W. University, Lafayette 105 59

49 Myrtle Place Elem School, 1100 Myrtle Place, Lafayette 249 111



52 NP Moss Annex, 801 Mudd Ave., Lafayette 74 27

53 NP Moss Annex, 801 Mudd Ave., Lafayette 70 31

54 Domingue Recreation Center, 901 Mudd Ave., Lafayette 63 16

I 55 J.W. Faulk Elem. School, 711 E. Willow St.,

Lafayette 128 71

56 Domingue Recreation Center, 90 I Mudd Ave., Lafayette 82 44

57 Domingue Recreation Center, 901 Mudd Ave., Lafayette 68 30

58 W. A. Lerosen Elem. School, 516 E. Pinhook Rd., Lafayette 29 11

59 Lafayette Parish School Bd., 113 Chaplin Dr., Lafayette 101 68

60 Lafayette Parish School Bd., 113 Chaplin Dr., Lafayette 86 44

61 W. A. Lerosen Elem. School, 516 E. Pinhook Rd., Lafayette 25 8

62 W. A. Lerosen Elem. School, 516 E. Pinhook Rd., Lafayette 14 1 I


64 Carencro High School, 721 W. Butcher Switch Rd., Carencro 22 27

65 Dept. of Veteran's Affairs, 2100 Jefferson St., Lafayette 56 14


67 South Regional Library, 6101 Johnston St., Lafayette 150 92

68 Laf Consolidated Govt. Bldg., 705 W. University Ave., Lafayette 103 33

69 Lafayette Middle School, 1301 W. University Ave., Lafayette 141 48

70 Lafayette Middle School, 1301 W. University Ave., Lafayette 174 49

71 Duson Elem. School, 304 Fourth St., Duson 74 106 I 72 University Student Union Building. 620 McKinley

St, Lafayette 52 18

73 Dept. of Veteran's Affairs, 2100 Jefferson St., Lafayette 136 43


75 Laf. Economic Development Authority, 211 E. Devalcourt St., Lafayette 114 64

76 Laf. Economic Development Authority, 211 E. Devalcourt St., Lafayette 217 108

77 Woodvale Elem. School, 100 Leon Dr., Lafayette 178 90

78 Woodvale Elem School, 100 Leon Dr., Lafayette 311 137

79 L J Alleman Middle School, 600 Roselawn Blvd., Lafayette 174 57

80 L J Alleman Middle School, 600 Roselawn Blvd., Lafayette 212 88

81 Woodvale Elem. School, 100 Leon Dr., Lafayette 103 59 I 82 Thomas Park Recreation Center, 300 Geraldine

Dr., Lafayette 243 105

83 Broadmoor Elem School, 609 Broadmoor Blvd., Lafayette 311 140

84 Broadmoor Elem. School, 609 Broadmoor Blvd., Lafayette 259 147

85y Edgar Martin Middle School, 401 Broadmoor Blvd., Lafayette 218 116

85z Edgar Martin Middle School, 401 Broadmoor Blvd., Lafayette 212 170

86 South Regional Library, 6101 Johnston St., Lafayette 199 273

I 87 Plantation Elem School, 1801 Kaliste Saloom Rd., Lafayette 188 153

88 Plantation Elem School, 1801 Kaliste Saloom Rd., Lafayette 144 123

89 Plantation Elem School, 1801 Kaliste Saloom Rd., Lafayette 106 97

90 Dept. of Veteran's Affairs, 2100 Jefferson, St. Lafayette 132 76

91 Allen Comeaux Rec. Center Magnolia Room, 411 W. Bluebird Dr., Lafayette 234 150

92 Allen Comeaux Rec. Center Cypress Room, 411 W. Bluebird Dr., Lafayette 171 118

93 Comeaux High School, 100 W. Bluebird Dr., Lafayette 75 61

94 Comeaux High School, 100 W. Bluebird Dr., Lafayette 192 175

I 95y Comeaux High School, 100 W. Bluebird Dr.,

Lafayette 194 202

95z Comeaux High School , 100 W. Bluebird Dr., Lafayette 164 177

96y Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr. , Lafayette 116 116

96z Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr. , Lafayette 77 98

97 Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr., Lafayette 35 51

98 Broussard Community Center, 108 Broadview Drive, Broussard 149 189

99 Broussard Community Center, 108 Broadview Drive, Broussard 84 80

100 Broussard Middle School, 1325 S. Morgan Ave., Broussard 126 116

101 Broussard Middle School, 1325 S. Morgan Ave.,

I Broussard 198 231

102 Youngsville Middle School, 600 Church Street, Youngsville 165 201


104y Allen Comeaux Rec. Center Magnolia Room, 411 W. Bluebird Dr., Lafayette 96 162

104z Allen Comeaux Rec. Center Magnolia Room, 411 W. Bluebird Dr., Lafayette 114 156

105 Milton Elem School, 222 W. Milton Ave., Milton 179 214

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106 Milton Elem School, 222 W. Milton Ave., Milton 137 224


108 Ernest Gallet Elem School, 2901 E. Milton Ave, Youngsville 158 231

109 Milton Elem School, 222 W. Milton Ave., Milton 126 153 I

1 IO Broussard Middle School, 1325 S. Morgan Ave., Broussard 130 165

111 Ernest Gallet Elem School, 2901 E. Milton Ave., Youngsville 119 192

112 Carencro High School, 721 W. Butcher Switch Rd., Carencro 107 129

113 Live Oak School, 3020 N. University Ave., Lafayette

63 88

114 Duson Elem. School, 304 4th St., Duson 28 69

115 Allen Comeaux Rec. Center Gym, 411 W. Bluebird Dr., Lafayette 103 123

116 Youngsville Middle School, 600 Church St., Youngsville 85 81

117 Milton Elementary School, 222 W. Milton Ave., Milton 118 83 I

118 Ernest Gallet Elem. School, 2901 Milton Ave., Youngsville 82 104

119 Ossun Elementary School, 400 Rue Scholastique, Lafayette 74 118

120 Plantation Elem Cafeteria, 180 l Kaliste Saloom Rd., Lafayette 169 177

121 Plantation Elem Cafeteria, 1801 Kaliste Saloom Rd., Lafayette 161 109

EARLY VOTING 3016 2636

TOTALS 18,569 16,155

MAJORITY FOR 2,414

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The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 18,569 votes cast INF A VOR OF the Proposition and a total of 16,155 votes cast AGAINST the Proposition, as hereinabove set forth , and that there was a majority of 2,414 votes cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly APPROVED by a majority of the votes cast by the qualified electors voting at the said special election held in the Parish on December 8, 2018.

THUS DONE AND SIGNED at Lafayette, Louisiana, on this, the 18'h day of December, 2018.

ATTEST: Isl Kevin Naguin Chainnan

Isl Veronica Williams Clerk of the Council

PROCLAMATION

I, the undersigned Chairman of the Lafayette City-Parish Council, the governing authority of the Parish of Lafayette, State of Louisiana (the "Parish"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the Parish on December 8, 2018, was APPROVED by a majority of the votes cast at the said special election, all as described and set out in the above Proces Verbal.

THUS DONE AND SIGNED at Lafayette, Louisiana, on this, the l8'h day of December, 2018.

Isl Kevin Naguin Chairman

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STATE OF LOUISIANA

PARISH OF LAFAYETTE

I, the undersigned Clerk of the Council of the Lafayette City-Parish Council (the

"Governing Authority"), the governing authority of the Parish of Lafayette, State of Louisiana (the

"Parish"), do hereby certify that the foregoing pages constitute a true and correct copy of the

proceedings and Proces Verbal made by said Governing Authority on Tuesday, December 18,

2018, providing for canvassing the returns and declaring the result of the special election held in the

Parish on December 8, 2018, to submit to electors a proposal to amend the Lafayette City-Parish

Consolidated Government Home Rule Charter.

IN FAITH WHEREOF, witness my official signature and the impress of the official seal of

the Parish at Lafayette, Louisiana, on this, the 18" day of/e+ber, 2<yf.') / ,l/ y~./1;/{A/l 1;/ .. ;/ c-----, I 'j, ' I

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"~ Clerk of the Council (SEAL)

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1) JUSTIFICATION FOR REQUEST: A resolution of the Lafayette City-Parish Council providing for canvassing the returns and declaring the results of the special

election held in the Parish of Lafayette, State of Louisiana, on December 8. 2018. to submit to electors a proposal to amend the Lafayette City-Parish Consolidated Government Home Rule Charter

2) ACTION REQUESTED: -=-A=d=o..._pt=io=n'-'o=f-=-R=e=so=lu=n=·o=n _______ _

3) REQUESTED ACTION OF LAFAYETTE CITY-PARISH COUNCIL:

A) INTRODUCTION: 12-18-2018

B) FINAL ADOPTION: 12-18-2018


A) Resolution

B) Proces Verbal

C) Certificate

D) Submittal Form

S) FISCAL IMPACT:

_____ Fiscal Impact (Explain)

X No Fiscal Impact

AUTHORED BY: Isl Kevin Naguin KEVIN NAQUIN, CHAIR LAFAYETTE CITY-PARISH COUNCIL

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ORDINANCE NO. 0-042-2019

AN ORDINANCE OF THE LAFAYETTE CITY-PARISH COUNCIL REAPPORTIONING THE LAFAYETTE CITY COUNCIL DISTRICTS AND THE

LAFAYETTE PARISH COUNCIL DISTRICTS SPECIFIED IN THE AMENDED HOME RULE CHARTER RATIFIED BY THE VOTERS OF LAFAYETTE PARISH ON

DECEMBER 8, 2018 AND SETTING FORTH A NEW REAPPORTIONMENT PLAN DESCRIBING EACH CITY COUNCIL DISTRICT AND PARISH COUNCIL DISTRICT,

AS REAPPORTIONED

BE IT ORDAINED by the Lafayette City-Parish Council, that:

WHEREAS, the Lafayette City-Parish Council adopted Ordinance No. 0-121-2018,

which proposed amendments to the Home Rule Charter, including but not limited to an

amendment creating a new Lafayette Parish Council and a new Lafayette City Council; and

WHEREAS, along with all other proposed amendments, the descriptions of the newly-

created Lafayette Parish Council districts and Lafayette City Council districts were attached to

and made a part of Ordinance No. 0-121-2018; and

WHEREAS, on December 8, 2018, the voters of Lafayette Parish ratified the

amendments to the Home Rule Charter of Lafayette City-Parish Consolidated Government,

including the amendment abolishing the Lafayette City-Parish Council and creating the Lafayette

Parish Council and the Lafayette City Council; and

WHEREAS, the descriptions of the newly-created Lafayette Parish Council districts and

Lafayette City Council districts in the amended Home Rule Charter ratified by the voters on

December 8, 2018 contained certain discrepancies, errors and omissions; and

WHEREAS, the Lafayette City-Parish Council, pursuant to and in accordance with state

law and the Home Rule Charter, wishes to reapportion the Lafayette City Council and Lafayette

Parish Council districts with equitable territorial limits and boundaries and to designate said

Council Districts in accordance with its reapportionment plan .

NOW THEREFORE, BE IT FURTHER ORDAINED by the Lafayette City-Parish

Council, that:

SECTION 1: All of the aforedescribed "Whereas" clauses are adopted as part of this

ordinance.

SECTION 2: The Lafayette City-Parish Council ordains that the written descriptions

forming the reapportionment plan for the Lafayette Parish Council and the Lafayette City Council

be as described in the attached Exhibit A.

SECTION 3: All ordinances and resolutions, or parts thereof, in conflict herewith are

hereby repealed.

EXHIBIT

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SECTION 4: In accordance with Section 2-13(0) of the Home Rule Charter, this

ordinance is not subject to the veto power of the Lafayette Mayor-President and, accordingly is

effective upon signature of the Lafayette Mayor-President or the elapse of ten (I 0) days after

receipt by the Lafayette Mayor-President without signature, whichever occurs first.

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EXHIBIT A

City Council Districts:

District 1:

Precinct 6: That part of Precinct 6 that is within the corporate limits of the City of Lafayette. Precinct 7: That part of Precinct 7 that is within the corporate limits of the City of Lafayette. Precinct 9: That part of Precinct 9 that is within the corporate limits of the City of Lafayette. Precinct 10: That part of Precinct 10 that is within the corporate limits of the City of Lafayette. Precinct 11 : That part of Precinct 11 that is within the corporate limits of the City of Lafayette. Precinct 12: That part of Precinct 9 12 that is within the corporate limits of the City of Lafayette. Precinct 13: That part of Precinct 13 that is within the corporate limits of the City of Lafayette. Precinct 14 Precinct 17 Precinct 18 Precinct 19 Precinct 22 Precinct 23: That Part of Precinct 23 eommeeeiag at the Poiat of BegiMiBg at the interseetioa of the midflow of Coulee ~4iae Branoh and Madeline A·.ie, thea easterly on ~4adeline lv.ie. to the eeaterline ofN. Uili¥ersity Aw~., then southerly to the centerlme of the Southern Paeific Railroad tracks, thea westerly to the midflow of Coulee Mine Branch, then aordleasterly to the Poiat of Beginniag. Precinct 24: That part of Precinct 24 that is within the corporate limits of the City of Lafayette. Precinct 25: That part of Precinct 25 that is within the corporate limits of the City of Lafayette. Precinct 30: That part of Precinct 30 that is within the corporate limits of the City of Lafayette. Precinct 38: That part of Precinct 38 that is within the corporate limits of the City of Lafayette. Precinct 39: That Part of Precinct 39 that is within the corporate limits of the City of Lafayette and north of the centerline of Dulles Dr. Precinct 40: That Part of Precinct 40 that is within the corporate limits of the City of Lafayette and west east of the centerline of Bertrand Dr. and north of the

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centerline of Eraste Landry Rd. Precinct 4 7: That part of Precinct 4 7 that is north of the centerline of Dulles

Dr. Preeiaet 50: That part of Preciact 50 that is withia the corporate limits of the City of Lafayette. Precinct 51 : That Part of Precinct 51 commencing at the Point of Beginning at the intersection of the centerlines ofN. St. Antoine St. and W. Gilman Rd., then easterly on W. Gilman Rd. to the centerline of the Southern Pacific Railroad tracks right-of-way, then southeasterly to the Southern Pacific Railroad tracks, and then westerly to the centerline ofN. St. Antoine St., then northerly to the Point of Beginning and then that part of Precinct 51 commencing at the Point of Beginning at the intersection with the centerline of the Southern Pacific Railroad tracks and S. St. Antoine St., then southerly on S. St. Antoine St. to the intersection with the centerline ofW. Simcoe St. then westerly and southwesterly to the intersection with the centerline ofW. University Ave., then northerly, becoming N. University Ave, then continuing northerly to the intersection with the centerline of the Southern Pacific Railroad tracks, then easterly to the Point of Beginning. Precinct 64: That part of Precinct 64 that is within the corporate limits of the City of Lafayette. Precinct 112: That part of Precinct 112 that is within the corporate limits of the City of Lafayette. Precinct 113: That part of Precinct 113 that is within the corporate limits of the City of Lafayette.

District 2:

Precinct 31 : That part of Precinct 31 that is within the corporate limits of the City of Lafayette. Precinct 32: That part of Precinct 32 that is within the corporate limits of the City of Lafayette. Precinct 33: That part of Precinct 33 that is within the corporate limits of the City of Lafayette. Precinct 34: That part of Precinct 34 that is within the corporate limits of the City of Lafayette. Precinct 35: That part of Precinct 35 that is within the corporate limits of the City of Lafayette.

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Precinct 39: That part of Precinct 39 commencing at the Point of Beginning at the intersection of Dulles Dr. and Coulee Mine, then northeasterly on I Dulles Dr. to the centerline of Bertrand Dr., then southerly to the centerline of W. Congress St., then westerly to the midflow of Coulee Mine, then northerly to the Point of Beginning. Precinct 40: That part of Precinct 40 that is withia the corporate limits of the City of Lafayette and east of the centerline of Bertrand Dr. and south of the centerline of Eraste Landry Rd. Precinct 41 Precinct 42

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Precinct 43 Precinct 45 Precinct 46 Precinct 47: That part of Precinct 47 that is south of the centerline of Dulles Dr. Precinct 48 Precinct 49: That part of Precinet 49 that is \Vithin the eorporate limits of the City of Laf~etle.

Precinct 69 Precinct 70 Precinct 74: That part of Precinct 74 commencing at the Point of Beginning at the intersection of the centerlines of Johnston St. and Coliseum Rd., then northerly to the centerline of St. Landry St., then northeasterly to the midflow of Coulee ~4ine Braneh centerline of W. University Ave., then southerly to the centerline of Johnston St., then westerly to the Point of Beginning.

District 3:

Precinct 3 4: That part of Preeinet 3 4 eommeneing at the Point of Begi:ening at the iflterseetion of the ceaterlines of Johnston St. and Chateau Des Lions Bl¥d., then westerly to the intersection with the corporate limits of the City ofLafifj'ette, thee northerly and ·uesterly along said boaadaries to the ceeterline of Johnston St., teee southerly to the Point of Beginning. Then teat part of Precinct 3 4 commencing at the Point of Begimling at tee ifltersection of the centerlines of Johnston St. and Manchester Circle, thea westerly oa ~4eneeester Circle to the interseetion with the corporate limits of the City of Lafayette, then generally eorteerly and westerly to the eenterliae of Johnston St., then southerly to the Point ofBegiF&iing. Precinct 44: That part of Precinct 44 tA:at is within the corporate limits of the City of Laf~ette.

Precinct 67: That part of Precinct 67 that is within the corporate limits of the City of Lafayette. Precinct 74: That part of Precinct 74 commencing at Point of Beginning at the intersection of the centerlines of Coliseum Rd. and Johnston St. then easterly to the midflow of Coulee Mine Branch, then southerly to the midflow of Coulee Mine, then generally setithwesterly and northwesterly to the centerline of Johnston St., then easterly to_the Point of Beginning. Precinct 75 Precinct 76 Precinct 77 Precinct 78 Precinct 79: That part of Precinct 79 that is within the corporate limits of the City of Lafayette. Precinct 80: That part of Precinct 80 that is within the corporate limits of the City of Lafayette. Precinct 81

Precinct 82 Precinct 83 Precinct 84 Precinct 85: That part of Precinct 85 that is within the corporate limits of the

City of Lafayette. I Precinct 86: That part of Precinct 86 that is within the corporate limits of the City of Lafayette. Precinct 87 Precinct 121 : That part of Precinct 121 within the corporate boundaries of the City of Lafayette commencing at the Point of Beginning at the intersection of the centerlines of Steiner Rd. and Kaliste Saloom Rd., then southwesterly to the centerline of Camellia Blvd., then northwesterly to the midflow of the Vermilion River, then generally easterly to the corporate limits of the City of Lafayette, then southeasterly to the centerline of E. Bayou Pkwy., then southwesterly to the centerline of Steiner Rd., then southeasterly to the Point of Beginning. Precinct 125: That part of Precinct 125 that is within the corporate limits of the City of Lafayette.

District 4 :

Precinct 72: That part of Precinct 72 commencing at Point of Beginning at the intersection of the centerlines of Johnston St. and E. St. Mary Blvd., then southeasterly on E. St. Mary Blvd. to the centerline of Girard Park Dr., then southwesterly to the centerline of S. College Ave., then westerly to the intersection with the midflow of Coulee Mine Branch, then northerly to the centerline of Johnston St., then northeasterly to the Point of Beginning. Precinct 73: That part of Pi=eciact 73 that is within the corporate limits of the City of Lafayette. Precinct 88 Precinct 89 Precinct 90: That part of Precinct 90 within the corporate limits of the City of Lafayette commencing at the Point of Beginning at the intersection ofE. University Ave. and W. Pinhook Rd., then southwesterly on W. Pinhook Rd. to the midflow of the Vermilion River, then easterly and northerly to the centerline of the Southern Pacific Railroad tracks, then northwesterly to the centerline of E. University Ave., then northwesterly to the Point of Beginning. Precinct 91: That part of Precinct 91 that is within the corporate limits of the City of Lafayette. Precinct 92: That part of Precinct 92 that is within the corporate limits of the City of Lafayette and southwest of the centerline of S. Hugh Wallis Rd., then south of the centerline ofE. Kaliste Saloom Rd., then west of Coulee des Pouches. Precinct 93 : That part of Precinct 93 that is within the corporate limits of the City of Lafayette.

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Precinct 94 Precinct 95: That part of Precinct 95 that is within the corporate limits of the City of Lafayette. Precinct 96: That part of Precinct 96 that is within the corporate limits of the City of Lafayette. Precinct 97: That part of Precinct 97 that is within the corporate limits of the City of Lafayette. Precinct 98: That part of Precinct 98 that is within the corporate limits of the City of Lafayette. Precinct 104: That Part of Precinct 104 that is within the corporate limits of the City of Lafayette. Precinct 105: That part of Precinct 105 that is within the corporate limits of the City of Lafayette. Precinct 109: That Part of Precinct 109 that is within the corporate limits of the City of Lafayette. Precinct 115: That Part of Precinct 115 that is within the corporate limits of the City of Lafayette. Precinct 117: That part of Precinct 117 that is within the corporate limits of the City of Lafayette. Precinct 120: That Part of Precinct 120 that is within the corporate limits of the City of Lafayette. Precinct 121: That Part of Precinct 121 within the corporate boundaries of the City of Lafayette commencing at the Point of Beginning at the intersection of the centerlines ofN. Locksley Dr. and E. Bayou Pkwy., then southwesterly on E. Bayou Pkwy. to the intersection with the corporate limits of the City of Lafayette, then generally northwesterly and northeasterly along said boundaries to the midflow of the Vermilion River, then easterly to an extension ofN. Locksley Dr., then southeasterly to the Point of Beginning. Precinct 126: That part of Precinct 126 that is within the corporate limits of the City of Lafayette. Precinct 127: That part of Precinct 127 that is within the corporate limits of the City of Lafayette. Precinct 128: That part of Precinct 128 that is within the corporate limits of the City of Lafayette.

District 5:

I Precinct 13: That Part of Precinct 13 that is within the corporate limits of the City of Lafayette. Precinct 15 Precinct 16 Precinct 20 Precinct 21 Precinet 23: That Part of Precinct 23 commeneiag at the Point efBegiH:Hiflg at the imersection of the eeaterlines ofN. Uah1ersity A11e. and Madeline A¥e., thea easterly oa Madeliae A¥e. to the centerline of}l. 8t. Antoine 8t.,

then southerly to the centerline of the 8oethern Pacific Railroad tracks, then westerly to the ceRterliae ofN. University Ave., thea northerly to the Point of Begiooing. Precinct 51 : That Part of Precinct 51 commencing at the Point of Beginning at the intersection of the centerlines ofN s_. St. Antoine St. and the Southern Pacific Railroad tracks, then westerly and northerly, thea southeasterly along said tracks southerly on S. St. Antoine St. to the centerline ofB W. Simcoe St., then westerly easterly to the centerline of the Southern Pacific Railroad tracks, then northwesterly to the intersection with the Southern Pacific Railroad right-of-way, then southerly to the centerline of the Southern Pacific Railroad tracks, then westerly to 8. Antoine St, then northerly to N. Antoine St and-the Point of Beginning. Precinct 52 Precinct 53: That Part of Precinct 53 that is within the corporate limits of the City of Lafayette. Precinct 54: That Part of Precinct 54 that is within the corporate limits of the City of Lafayette. Precinct 55: That Part of Precinct 55 that is within the corporate limits of the City of Lafayette. Precinct 56: That Part of Precinct 56 that is within the corporate limits of the City of Lafayette. Precinct 57 Precinct 58 Precinct 59: That Part of Precinct 59 that is within the corporate limits of the City of Lafayette. Precinct 60: That Part of Precinct 60 that is within the corporate limits of the City of Lafayette. Precinct 61 : That Part of Precinct 61 that is within the corporate limits of the City of Lafayette. Precinct 62 Precinct 63: That Part of Precinct 63 that is within the corporate limits of the City of Lafayette. Precinct 65 Precinct 66 Precinct 68

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Precinct 72: That part of Precinct 72 commencing at Point of Beginning at the intersection of the centerlines of Johnston St. and E. St. Mary Blvd., then southeasterly on E. St. Mary Blvd. to the centerline of W. Taft St., then northeasterly to the centerline of E. University Ave, then northwesterly to the centerline of Johnston St., then southwesterly to the Point of Beginning. I Precinct 90: That part of Precinct 90 commencing at the Point of Beginning at the intersection ofE. University Ave. and W. Pinhook Rd., then northeasterly on W. Pinhook Rd. to the centerline of the Southern Pacific Railroad tracks, then southeasterly to the centerline of E. University Ave., then northwesterly to the Point of Beginning. Precinct 92: That part of Precinct 92 that is within the corporate limits of the City of Lafayette and northeast of the centerline of S. Hugh Wallis Rd., then

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north of the centerline ofE. Kaliste Saloom Rd., then east of Coulee des Pouches.

Parish Council Districts:

District 1:

Precincts 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 25, 30, 32, 39, 40, 64, 112, aa&-113, 122, and 123.

District 2:

Precincts 8, 26, 27, 28, 29, 31, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 71, 114, 8fld 119 and 124.

District 3:

Precincts 93, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 115, 116, 117,afld 118, 126, 127,and 128.

District 4:

Precincts 48, 67, 70, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 94, 120, aHEl 121, and 125.

District 5:

Precincts 10, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,49,W,51,52,53, 54,55,56,57,58,59,60,61,62,63,65,66,68,and69.



1) JUSTIFICATION FOR REQUEST: An ordinance of the Lafayette City-Parish Council

reapportioning the Lafayette City Council districts and the Lafayette Parish Council districts

specified in the amended Home Rule Charter ratified by the voters of Lafayette Parish on

December 8. 2018 and setting forth a new reapportionment plan describing each City Council

district and Parish Council district as reapportioned.

2) ACTION REQUESTED: Adoption of ordinance

3) COUNCIL DISTRICT(S) (CIP PROGRAM/PROJECTS ONLY): NIA

4) REQUESTED ACTION OF COUNCIL:

A) INTRODUCTION: March 12. 2019

B) FINAL ADOPTION: March 26, 2019


A) Ordinance (2 p~es)

B) Exhibit A (7 pages)

C) Map (1 page)

D) Submittal

6) FISCAL IMPACT:

x

Fiscal Impact (Explain)

No Fiscal Impact

APPROVED FOR AGENDA:

AUTHORED BY: Isl Jay Castille JAY CASTILLE, DISTRICT 2 LAFAYETTE CITY-PARISH COUNCIL

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1.

DISPOSITION OF ORDINANCE NO. 0-042-2019

This ordinance was introduced: March 12 , 2019 YEAS: Naquin, Castille, Lewis, Boudreaux, Bellard, Conque, Cook, Theriot

NAYS: None

ABSENT: Hebert

ABSTAIN: None

Final disposition by Council: March 26 , 2019 YEAS: Naquin, Castille, Boudreaux, Conque, Cook, Hebert

NAYS: Lewis, Bellard, Theriot

ABSENT: None

ABSTAIN: None

2. Notice of Public Hearing: This ordinance was published by Title and Notice of Public Hearing was published in the Advertiser on March 15, 2019.

3. This ordinance was presented to the Mayor-President 2019, at /O ·. 0 D o'clock ~m.

4. Disposition by Mayor-President:

5.

I hereby:

A.

B.

c. . ... ~-.·.d.~19, at _ ___ o'clock __ .m., veto message is attached. -z,,,..~

~::;.~ ~~,."'{r~~-: .• . ~ ....

~RESIDENT

Returned to Council Office ~without veto message on--------' 2019, at ____ o'clock __ .m.

6. Reconsideration by Council (if vetoed):

7.

On-------- --' 2019, the Council did/refused to adopt this ordinance after the Mayor-President's veto.

if;me~/to the Council Office without signature of Mayor-President (unsigned) on ~' _ 5 ,2019, at J-f-:'tO o'clock~m.

{f not signed or vetoed by the Mayor-President, an ordinance was presented to him for action, same has e

8. Full publication of this ordinance was made in the Advertiser on March 29, 2019.

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