SUMMARY NO. 24371 ORD. NO. 25059

Sum 24371 amd Sec. 2-886 BP Funds Gen. Fund

On motion of Mr. Zahn, seconded by Ms. Lee-Sheng, the following ordinance was offered as amended:

          SUMMARY  NO.   24371   ORDINANCE NO. 25059

An ordinance amending Section 2-886 of the Jefferson Parish Code of Ordinances to place a portion of the General Fund BP sales tax settlement funds in the Council District Improvement/Assistance Funds; further reserving a portion of the General Fund BP sales tax settlement funds for coastal restoration and flood control and prevention within Jefferson Parish; and otherwise providing with respect thereto.

SECTION 1. That Section 2-886 of the Jefferson parish Code of Ordinances is hereby amended to read as follows:

Sec. 2-886. – Council district improvement/assistance funds.

(a)     Improvement/assistance funds (special revenue funds containing revenues or projects and/or activities funded by gaming regulatory revenues, off-track betting revenues, video-poker revenues, riverboat gaming revenues, hotel-motel revenues and any excess of premiums paid by the parish for employee health insurance coverage which are returned to the parish by the insurer) shall be contained in the parish capital or operating budget in accordance with appropriate law and shall be itemized in the capital or operating budget and approved by the council when the capital or operating budget is adopted.

(b)     Council district improvement/assistance funds shall be used as follows:

(1)   Sewerage, drainage, and road improvement purposes;

(2)   Operating expenditures for supplemental staffing of recreational facilities;

(3)   Operating expenditures for security personnel for recreational facilities;

(4)   Capital expenditures for recreational purposes;

(5)   Operating expenditures for criminal justice, fire, and police;

(6)   Capital expenditures criminal justice, fire, and police;

(7)   Operating expenditures for senior centers;

(8)   Capital expenditures for senior centers;

(9)   For municipalities within Jefferson Parish, to be used for any lawful governmental purpose.

(c)     Notwithstanding the allowable uses in subsection 2-886(b), council district improvement/assistance funds from riverboat gaming and hotel-motel revenues shall be expended only in accordance with state law.

(d)     Notwithstanding the allowable uses in subsection 2-886(b), council district improvement/assistance funds from any excess of premiums paid by the parish for employee health insurance coverage which are returned to the parish by the insurer may be used for any lawful governmental purpose.

(e)     In addition to the special revenue funds identified in subsection 2-886(a) above, the portion of the BP Settlement Funds allocated to the General Fund of Jefferson Parish in the total approximate amount of Thirty-Five Million Thirty–One Thousand Two Hundred and Seventy-Seven Dollars and Twenty-Five Cents  ($35,031,277.25) shall also be added to the council district improvement/assistance funds and shall be allocated as follows:

(1)  The first Twenty Million Dollars ($20,000,000.00) from that portion of the BP Settlement Funds allocated to the General Fund of Jefferson Parish shall be allocated in equal portions to Council Districts 2, 3, 4, and 5 [an amount of Five Million Dollars ($5,000,000.00) for each of these four districts] to be expended for any lawful governmental purpose in said districts, provided that each such expenditure is approved by Council ordinance amending the Parish budget.

(2)  Three Million Dollars ($3,000,000.00) of that portion of the BP Settlement Funds allocated to the General Fund of Jefferson Parish shall be .dedicated to fund projects to address flood control and coastal erosion issues in Council District 3 of Jefferson Parish, provided that each such expenditure is approved by Council ordinance amending the Parish budget.

(3)  The remainder of that portion of the BP Settlement Funds allocated to the General Fund of Jefferson Parish after the dedications as stated in subsections 2-886 (e)(1) and (e)(2) above [an amount of approximately Twelve Million Thirty –One Thousand Two Hundred and Seventy-Seven Dollars and Twenty-Five Cents ($12,031,277.25)] shall be .dedicated to fund projects to address flood control and coastal erosion issues in Council District 1, including (1) the Mississippi Long Distance Sediment Pipeline, Phase 2; (2) Segmented Breakwaters at Grand Isle, and (3) flood control projects in Lafitte. The Finance Department shall establish an account for this purpose from which funds may be allocated by the Administration as needed for the purposes stated herein with the approval of the Councilmember representing Council District 1.

(e f)   All funding sources referenced in subsection 2-886(a) above shall be appropriated on a parishwide priority basis. However, the finance director shall put such accounting mechanisms in place as are necessary to insure that these funds and the resultant expenditures can be appropriately tracked by project and on a per-capita or other basis by council districts in accordance with distribution formulae provided by the office of research and budget analysis. However, nothing in this section shall be interpreted as to supersede or conflict with the laws of the State of Louisiana. Any funding source limited in use by laws of the State of Louisiana shall only be expended as authorized by state law.

(g)     All funding sources referenced in subsection 2-886(e) above shall be appropriated as set forth in said subsection. The finance director shall put such accounting mechanisms in place as are necessary to insure that these funds and the resultant expenditures can be appropriately tracked by project and by council districts in accordance with the dedications as set forth in said subsection.

(h)     All council district improvement/assistance funds which are unexpended and which have not been allocated to capital projects at the end of any fiscal year shall be re-allocated in the accounts set up for such funds in the budget for the following fiscal year.

The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:

          YEAS:          7        NAYS:          None            ABSENT:         None

The ordinance was declared to be adopted on this 9th day of December, 2015, and shall become effective as follows; if signed forthwith by the Parish President, ten (10) days after adoption, thereafter upon signature by the Parish President, or if not signed by the Parish President, upon expiration of the time for ordinances to be considered finally adopted without the signature of the Parish President, as provided in Section 2.07 of the Charter. If vetoed by the Parish President and subsequently approved by the Council, this ordinance shall become effective on the day of such approval.