City of Lake Charles 326 Pujo Street P.O. Box 1178 Lake Charles, LA nature Copy "70502-1178 Resolution: 210-23 File Number: 476-23 Enactment Number: 210-23 A resolution providing covenants of the City of Lake Charles with the electorate of the City of Lake Charles, Louisiana pertaining to a Special Election to be held in the City of Lake Charles, on November 18, 2023. WHEREAS, the City of Lake Charles, Louisiana ("City") sustained substantial damages to both the public and private sector interests as well as its general economy as a direct result of multiple federally declared disasters in 2020 and 2021 (collectively, “Disasters”), the effects of which will continue to be felt for years to come; WHEREAS, among the essential governmental functions with which the Lake Charles City Council, as governing authority of the City, is statutorily charged is its responsibility to provide various mechanisms which foster economic growth to assist the private sector's recovery from the long-term effects on its quality of life caused by the Disasters; WHEREAS, in keeping with its responsibilities and in furtherance of its essential governmental functions, the Lake Charles City Council has called for a special Citywide election for November 18, 2023, to present to the City's electorate a proposition for sales tax consolidations and term extensions (collectively, “Tax Proposition’) which, if approved, would result in a bond issue providing the financial means to foster not only the recovery process but also the stimulus for continued economic development and improved quality of life for all citizens of the City of Lake Charles; WHEREAS, the Tax Proposition proposed by the Lake Charles City Council provides for the levy and collection of (a) a two cent sales and use tax in perpetuity in lieu of two existing one cent sales and uses taxes (collectively, two cents) with expiring terms, and (b) a one-half cent sales and use tax for twenty-five years in lieu of two one-quarter cent sales and use taxes (collectively, one-half cent) with expiring terms, for the purposes generally described within the Tax Proposition; and WHEREAS, the purpose of this 2023 Covenant Resolution is to irrevocably establish for the benefit of the City’s electorate the specific projects and purposes for which the taxes are to be expended in addition to general services and salaries of the City. NOW THEREFORE, BE IT RESOLVED by the Lake Charles City Council, governing authority of the City of Lake Charles, Louisiana, in regular session convened, that: SECTION 1: (a) In the event the Tax Proposition to be considered by the electorate of the City at the special election called for November 18, 2023, should be approved and carried, the Lake Charles City Council covenants and obligates itself to borrow funds on behalf of the City and use the proceeds for the construction and/or implementation of the projects or categories of projects listed below, subject to outside funding source availability and within the parameters of the expressed vision and designated categories for proposed public infrastructure projects, facilities, improvements, and operations within the City. Nothing herein shall limit or restrict the ability of the City to use all or a portion of these funds to match other funds from public or private sources to accomplish the development and construction of the projects within the listed expenditure categories. (b) The categories of expenditure are listed below. Eligible project costs include engineering and other professional fees associated with the development of capital improvement projects. The categories and estimated amounts are as follows: 1. Major Road Improvement Projects - these funds are to be used to address improvements of roads to facilitate development and/or insufficient accommodation for current capacity. Project costs include right-of-way acquisition, subsurface drainage improvements as well as sewer and water lines where applicable for the listed City Street projects. The specific road projects (and estimated costs) included in this category are: City of Lake Charles Paget Printed on 9711723File Number: 476-23 Enactment Number: 210-23 a. Enterprise Boulevard Extension and Bike Trail ($26,000,000), b. West Sallier Road and 12th Street repairs and improvements ($25,000,000), c. West Sale Road repairs and improvements ($11,000,000), d. Country Club Road expansion ($15,000,000), and e. Nellie Lutcher Parkway ($10,000,000). 2. Additional Road Improvement Projects - these funds will be used to upgrade traffic signalization and make street repairs, enhancements and beautification, and sidewalks. (Estimated Cost = $16,250,000) 3. Quality of Life and Economic Development (Estimated Cost - $28,800,000) - these funds are to be used for quality of life initiatives and to promote economic development on projects including the following: new Lakefront amphitheater and Millennium Park upgrades, audio/visual technology in Downtown Lake Charles and on the Lakefront, upgrades to the Region 5 STEM Center, homeless initiatives, signage enhancement initiatives, and a flight school partnership with other agencies. 4, Recreation and Parks Program ($11,000,000) - this category of funds is for the improvement and addition of amenities at public parks including Lock, Mary Belle Williams, Huber, College Oaks, Weaver, 9/11, Veteran's Memorial, Buddy Prejean, Riverside and J.D. Clifton and new facilities at Anita Drive, Prejean Drive and Holly Hill-Sale Road (kayak launch), ‘Some of these projects may require contributions from other agencies. SECTION 2: All of the projects and categories of projects are of priority to the City; however, some of the projects have been under consideration and some level of design or construction for many years. For these reasons, in the event of the passage of the Tax Proposition, the Enterprise Boulevard extension is a priority to the City of Lake Charles. SECTION 3: The terms of this resolution shall constitute and represent a contract between the City of Lake Charles and the electorate thereof, and may be relied upon by the City's electorate in determining how they will cast their votes for or against the Tax Proposition at the November 18, 2023 election. SECTION 4: In the event the Tax Proposition fails to carry and is not approved by the City's electorate on November 18, 2023, or the taxes, revenues or activities provided for within the Tax Proposition should be declared to be invalid, then and in that event this 2023 Covenant Resolution shall thereupon be null and void. SECTION 5: (a) Nothing contained in this 2023 Covenant Resolution is intended to prohibit the Lake Charles City Council from hereafter exercising its police powers to supplement and amend the provisions hereof if necessary to accomplish the construction of the projects or categories of projects listed herein or to accomplish the stated purpose for the listed categories. However, no material modification shall be made which eliminates any project or category of projects specifically listed or which deprives the City's electorate of any substantial rights guaranteed hereunder, except in the event it is later determined by a two-thirds (2/3) vote for projects listed in Section 1.(b)1-3, or a simple majority vote for projects listed in Section 1.(b)4, of the assembled City Council after public hearing as set forth in Subsection (b) below that extraordinary unforeseen problems have arisen outside the control of the City of Lake Charles, which prevents the completion of any listed project or category. (b) Prior to any such modification or elimination of listed projects or categories of projects within a specific expenditure category designated for proposed public infrastructure projects, the City will publish a notice of intention describing the proposed change, the reasons therefor, and the date, time, and place at which any interested person may appear to object or be heard. ‘After conducting the advertised public hearing and considering protests and comments by all interested citizens, the Lake Charles City Council may adopt, if it so determines, a resolution amending this Resolution, as provided for in the published notice of intention. SECTION 6: The Lake Charles City Council Clerk is hereby authorized and directed to reproduce in multiple copies this 2023 Covenant Resolution and make it available to all interested citizens of the City who may request a copy in order to determine how suchFile Number: 476-23 Enactment Number: 210-23 voter shall cast a vote at the November 18, 2023 election. Additionally, this 2023 Covenant Resolution shall be published three (3) times in full prior to November 18, 2023, preceded by the following Public Notice, to-wit: PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GIVEN that the Lake Charles City Council adopted the 2023 Covenant Resolution on September 6, 2023, providing for contractual covenants with the voters of the City of Lake Charles, Louisiana, relative to a Tax Proposition to be presented at a special citywide election on November 18, 2023, and which will result in the issuance of bonds to be issued by the City of Lake Charles for the construction and/or completion of projects within the City. The 2023 Covenant Resolution provides that it shall be a contract between the City of Lake Charles and the voters of the City of Lake Charles on which the voters may rely in determining how they will cast their votes at the November 18, 2023 Special Election. A complete copy of the 2023 Covenant Resolution as adopted by the Lake Charles City Council on September 6, 2023, is available upon request to the office of Renee’ P. DeVille, Clerk of the Lake Charles City Council, A complete copy of the 2023 Covenant Resolution adopted by the City of Lake Charles on September 6, 2023, is as follows: (Full text of 2023 Covenant Resolution) ‘Ata meeting of the City Council on 9/6/2023, a motion was made that this Resolution be adopted. The motion carried by the following vote: For: 7 Mark Eckard, John leyoub, Rodney Geyen, Craig Marks, Stuart Weatherford, Luvertha August, and Ronnie Harvey Jr. Against: 0 Absent: 0 Passed and Adopted MW cx k SA ut Date lel 3 Mark Eckard, President or Presiding Officer Attest i f Date ole kL 3 Renee’ P. DeVille, Clerk of the Council (City of Lake Gharies Pages Printed on 9711728