Caddo Levee District

Ali  M. Mustapha P.E., Administrator

 

November 10, 2016

Shreveport, Louisiana

 

OFFICIAL PROCEEDINGS OF BOARD OF COMMISSIONERS OF

CADDO LEVEE DISTRICT

AT REGULAR MEETING HELD ON NOVEMBER 10, 2016

 

 

At a regular meeting of the Board of Commissioners of the Caddo Levee District held at 10:00 a.m., November 10, 2016, at 1320 Grimmett Drive, Shreveport, Louisiana, the following members were present: Carolyn Prator, James T. Sims, Patrick Harrison, Kandi Moore, Gary Procell, Helen Godfrey Smith, and Willie Walker.

 

Ronald F. Lattier, Law Offices of Ronald F. Lattier; Robert Tomasek, Department of Transportation & Development; Ali M. Mustapha, Administrator; Danielle Stafford, Assistant Secretary; and Kathy Breyman, Administrative Assistant, were also present.

 

The meeting was opened with a prayer and the Pledge of Allegiance.

 

President Prator asked for any comments from the public regarding agenda items or other issues. There were no public comments. 

 

President Prator stated that the minutes from the October 2016 meeting had been emailed for review and asked for a motion to approve. Mrs. Moore made a motion, with a second by Mr. Harrison, to approve the minutes of the regular meeting. The motion unanimously passed.

 

The Board reviewed payments and invoices for the month of October 2016 and subsequent bills for the month of September 2016. Mr. Sims made a motion, with a second by Mr. Harrison, to ratify payment of the invoices for the month of October 2016 and subsequent bills for the month of September 2016. The motion unanimously passed.

 

The Board unanimously approved the transfer of the following surface leases with a motion by Mr. Harrison and a second by Mr. Sims: from Daniel Owen to Justin James, approximately one acre on Jeems Bayou known as Lot #76 in Section 27, T21N, R16W, Caddo Parish, Louisiana; from Mark Myron to Lee Arledge, approximately one acre on Dawes Road known as Lot #198 in Section 21, T20N, R15W, Caddo Parish Louisiana.

 

The Board unanimously passed the following resolution to accept the completion of the Crushed Aggregates for Surfacing Twelve Mile Bayou Levee (Two Segments I-220 to Hwy 173) Project with a motion by Mr. Sims and a second by Mr. Walker.

 

             WHEREAS, the Board of Commissioners of the Caddo Levee District’s Administrator Ali M. Mustapha, P.E., has advised that the project under contract with Dalton Construction, LLC, entitled “Crushed Aggregates for Surfacing Twelve Mile Bayou Levee (Two Segments I-220 to Hwy 173)” in Caddo Parish, is completed in accordance with plans and specifications,

 

             WHEREAS, the Administrator of the Board of Commissioners of the Caddo Levee District conducted a final inspection of the Project on September 16, 2016 and determined that the Project has been completed in accordance with the plans and specifications and is satisfactory,

 

             NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Caddo Levee District, in legal session convened, that this project is hereby accepted upon the advice and recommendation of its advisors.

 

             The Board unanimously passed the following resolution to accept the request for assignment of Anadarko’s interest in State Agency Lease Number 20947 to Aethon and PEO with a motion by Mr. Sims and a second by Mr. Harrison.

 

WHEREAS, the Board of Commissioners of the Caddo Levee District (“CLD”) has received a request from Anadarko E&P Onshore LLC (“Anadarko”), stating that Anadarko is the current Lessee of the following described Oil, Gas and Mineral Leases, to-wit:

 

State Agency Lease Number 20947 dated May 9, 2012, by and between the State Mineral and Energy Board of the State of Louisiana, acting on behalf of the Caddo Levee District as Lessor and New Holdings, LLC as Lessee, recorded on June 11, 2012 under Registry 2405402 of the records of Caddo Parish, Louisiana, insofar as said lease covers lands in Section 4, Township 19 North, Range 15 West, Caddo Parish, Louisiana, and

 

hereinafter called “State Agency Lease Numbers 20947”

 

WHEREAS, Anadarko desires to transfer all of its right, title and interest in State Agency Lease Number 20947 to Aethon United BR LP (“Aethon”), whose address is 12377 Merit Drive, Suite 1200, Dallas, Texas 75251, ninety percent (90%) of its interest and PEO Haynesville Holdco, LLC (“PEO”), whose address is 16400 North Dallas Parkway, Suite 400, Dallas, TX 75248, ten percent (10%) of its interest,

 

             WHEREAS, State Agency Lease Number 20947 provides that State Agency Lease Number 20947 may be assigned, in whole or in part, to any third party, provided that such assignment be made with the consent of CLD and under the terms and conditions of Paragraph 8 of said State Agency Lease Number 20947,

 

             WHEREAS, Anadarko desires to obtain CLD’s consent to the assignment of State Agency Lease Number 20947 to Aethon and PEO, subject to Aethon’s and PEO’s agreement to assume contractual responsibility for the fulfillment of all of the terms, conditions and covenants of State Agency Lease Number 20947,

 

             NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Caddo Levee District, in legal session convened, that it does hereby consent to the assignment of State Agency Lease Number 20947, more particularly described hereinabove, by Anadarko as Assignor, to Aethon and PEO, as Assignee, under the terms and conditions of Paragraph 8 of said State Agency Lease Number 20947, subject to Aethon’s and PEO’s agreement to assume contractual responsibility for the fulfillment of all of the terms, conditions and covenants of State Agency Lease Number 20947.

 

The Board considered requests to advertise for bid for grazing leases. Mrs. Smith made a motion, with a second by Mrs. Moore, to approve advertising for bid for grazing purposes approximately 331 acres described as all CLD lands in Section 13, south and west of Twelve Mile Bayou, T19N, R15W and that portion of Section 14, south and east of Hwy 173 and south and west of Twelve Mile Bayou, T19N, R15W, requested by Jeff Taylor. Mr. Sims made a motion, with a second by Mr. Walker, to approve advertising for bid for grazing purposes approximately 47 acres located in NW/4 of NW/4 of Section 17, T20N, R15W, requested by Marty Wooldridge. Mrs. Smith made a motion, with a second by Mr. Procell, to approve advertising for bid for grazing purposes approximately 40 acres located in the NE/4 of NE/4 of Section 23, T21N, R16W, requested by Todd Hopkins.  Mr. Walker made a motion, with a second by Mr. Sims, to approve advertising for bid for grazing purposes approximately 80 acres; 40 acres located in SW/4 of SW/4 of Section 4, T21N, R16W, and 40 acres located in NW/4 of NW/4 of Section 9, T21, R16W, requested by Price Bundy. All motions unanimously passed.  Bids will be opened at the December meeting.

            

The Board unanimously passed the following resolution to approve the professional services contract for Ronald F. Lattier for December 1, 2016 through November 30, 2017, with a motion by Mrs. Smith and a second by Mr. Walker.

            

WHEREAS, the Board of Commissioners of the Caddo Levee District is presently engaged in extensive and continuing operations in conjunction with various State, Parish, City and Federal Agencies relating to drainage and flood control programs in Caddo Parish, Louisiana; and,

 

WHEREAS, the Caddo Levee District is financially involved in numerous legal matters arising out of these operations and required legal advice and assistance during regular and special meetings and at various other times regarding these matters; and,

 

WHEREAS, abstracts of title to lands either belonging to the Caddo Levee District or involved in its projects, from time to time need examining; and,

 

WHEREAS, it is anticipated that said Board will be occasionally involved in lawsuits and the resolution of these suits require special legal counsel; and,

 

WHEREAS, the District Attorney of Caddo Parish, the Board's legally designated counsel, is involved in extensive prosecution of criminal matters in Caddo Parish, and does not have a sufficiently large staff to adequately handle the legal affairs of the Board; and,

 

WHEREAS, by the Board of Commissioners of the Caddo Levee District that in view of the real and urgent necessity of present and future special legal counsel, that The Law Offices of Ronald F. Lattier be retained as Special Counsel for one year beginning December 1, 2016 and ending November 30, 2017, at a stipulated fee in accordance with professional service contract submitted herewith, subject, however, to the approval of the proper officials of the State of Louisiana at a rate as follows:

 

1) A fee of $175.00 per hour for attorneys having experience of ten years or more in the practice of law.

 

2) A fee of $150.00 per hour for attorneys having experience of five to ten years in the practice of law, $125.00 per hour for attorneys having experience of three to five years in the practice of law, $100.00 per hour for attorneys having experience of less than three years in the practice of law, $45.00 per hour for paralegal services, and $25.00 per hour for law clerk services, as specified in the Maximum Hourly Fee Schedule of the Department of Justice dated January 14, 2008.

 

3) Notwithstanding the foregoing fee schedule, State will pay a fee of $100 per hour for all approved non-local (more than 30 miles one way) automobile travel by attorneys.

 

WHEREAS, the Board of Commissioners of the Caddo Levee District, pursuant to La. R.S. 42.262, does hereby retain and employ The Law Offices of Ronald F. Lattier as special counsel; and

            

NOW, THEREFORE BE IT RESOLVED, that the President or Vice President of the Board is especially authorized to enter into, on behalf of the Board, the said Professional Service Contract submitted herewith.

 

BE IT FURTHER RESOLVED, that this Resolution and proposed contract described herein be submitted to the Attorney General for the State of Louisiana for approval.

 

The Board unanimously passed the following resolution to approve the professional services contract for Marshall Jones for December 1, 2016 through November 30, 2017, with a motion by Mrs. Smith and a second by Mr. Sims.

            

WHEREAS, the Board of Commissioners of the Caddo Levee District is presently engaged in extensive and continuing operations in conjunction with various State, Parish, City and Federal Agencies relating to drainage and flood control programs in Caddo Parish, Louisiana; and,

 

WHEREAS, the Caddo Levee District is financially involved in numerous legal matters arising out of these operations and required legal advice and assistance during regular and special meetings and at various other times regarding these matters; and,

 

WHEREAS, abstracts of title to lands either belonging to the Caddo Levee District or involved in its projects, from time to time need examining; and,

 

WHEREAS, it is anticipated that said Board will be occasionally involved in lawsuits and the resolution of these suits require special legal counsel; and,

 

WHEREAS, the District Attorney of Caddo Parish, the Board's legally designated counsel, is involved in extensive prosecution of criminal matters in Caddo Parish, and does not have a sufficiently large staff to adequately handle the legal affairs of the Board; and,

 

WHEREAS, by the Board of Commissioners of the Caddo Levee District that in view of the real and urgent necessity of present and future special legal counsel, that Jones & Odom, L.L.P. be retained as Special Counsel for one year beginning December 1, 2016 and ending November 30, 2017, at a stipulated fee in accordance with professional service contract submitted herewith, subject, however, to the approval of the proper officials of the State of Louisiana, at a rate as follows:

 

1) A fee of $175.00 per hour for attorneys having experience of ten years or more in the practice of law.

 

2) A fee of $150.00 per hour for attorneys having experience of five to ten years in the practice of law, $125.00 per hour for attorneys having experience of three to five years in the practice of law, $100.00 per hour for attorneys having experience of less than years in the practice of law, $45.00 per hour for paralegal services, and $25.00 per hour for law clerk services, as specified in the Maximum Hourly Fee Schedule of the of Justice dated January 14, 2008.

 

3) Notwithstanding the foregoing fee schedule, State will pay a fee of $100 per hour for all approved non-local (more than 30 miles one way) automobile travel by attorneys.

            

WHEREAS, the Board of Commissioners of the Caddo Levee District, pursuant to La. R.S. 42.262, does hereby retain and employ Jones & Odom, L.L.P. as special counsel; and

            

NOW, THEREFORE BE IT RESOLVED, that the President or Vice President of the Board is especially authorized to enter into, on behalf of the Board, the said Professional Service Contract submitted herewith.

 

BE IT FURTHER RESOLVED, that this Resolution and proposed contract described herein be submitted to the Attorney General for the State of Louisiana for approval.

 

There was no President’s Report.

 

Mr. Mustapha reported that the crews were able to catch up on cutting grass and have now begun cleaning ditches. Mr. Mustapha also reported that he spoke at the recent Southern Hills Homeowners Association meeting to inform them of the purpose and activities of the Caddo Levee District. Mr. Harrison thanked Mr. Mustapha for taking the time to speak at these types of meetings, as it is very important in order to inform the public, not only about the Caddo Levee District, but also about future flood prevention efforts. Mr. Mustapha also reported that the Flood Technical Committee will be partnering with Caddo and Bossier Homeland Security Offices to hold a meeting in December to discuss the urgency of flood prevention in Caddo and Bossier Parishes. Mr. Mustapha also reported that he attended an Ethics training course offered by the Louisiana Board of Ethics in Baton Rouge to become an Ethics Education Liaison in order to train the employees of the Caddo Levee District. Mr. Mustapha also provided a written report on the status of active projects.

 

There was no Forester’s Report.

 

There was no Engineer’s Report.

 

There was no Personnel Committee Report.

 

There was no Equipment Committee Report.

 

There was no Corps of Engineers Report.

 

President Prator informed the Board that there will be a Finance and Executive Committee meeting in December and that details will be made available once finalized.

 

With no further business to be brought before the Board, the meeting was adjourned.

 

President                                                                                        Administrator-Secretary

 

Minutes - November 10, 2016

 

Minutes

 

Agenda

 

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