Public Meeting
Rapides Parish Police Jury
· 5:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
February 14, 2011 other
Open official PDF ↗ 30 pages sha256:4dccddb15bc6…
The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, February 14, 2011, at three (3:00) o'clock p.m. (Central Standard Time).
and Police Jurors John "Buck" Lince cum, Joe Bishop, Richard Gerald Vanderlick, Oliver "Ollie" Overton Jr., Theodore Fountaine Jr., Steve Coco and Scott Perry Jr.
Also present were Mr. Tim Ware, Treasurer; Ms. Donna Andries, Sales and Use Tax Director; Mr. Dennis Woodward, Public Works Dire ctor; Ms. Elaine Morace, WOD Director; Mr. Jason Parks, OEWD Director; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Linda Sanders, Civil Service Director; Chief Randy McCain, Fire District No. 2; Mr. Thomas O. Wells, Legal Counsel; and Ms. Angie Richmond, Secretary.
The invocation was given by Mr. Jamie Floyd.
The Pledge of Allegiance was led by Mr. Joe Bishop.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon . Richard Billings, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any Public Comment on any Agenda Item, to which there was no response.
On motion b y Mr. Ollie Overton, seconded by Mr. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on December 13, 2010 and on January 10, 2011, and in Special Session on January 7, 2011, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Joe Bishop and Mr. Ollie Overton, that approved bills be paid. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to accept the Treasurer's Report. On vote the motion carried.
Mr. Bishop laid over the appointment to the Esler Industrial Development Area Advisory Board, representing District B, for a five year term to fill the expired term of the late Mayor Fred Baden, representing District B, term expired on January 8, 2011.
On motion by Mr. Jamie Floyd, seconded by Mr. Buck Lincecum, to appoint Ms. Amy Robertson to the Fire District No. 7 Civil Service Board, nominee of LSUA, for a three year term, term will expire on February 14, 2014. On vote the motion carried.
Mr. Fountaine laid over the appointment to the Fire District No. 3 Civil Service Board to fill vacancy in an unexpired term created by the resignation of Ms. Wanda Simpson, nominee of Louisiana College, term will expire on November 8, 2013, until a nomination is received from Louisiana College.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to announce the following appointments to be made at the next meeting to: Gas Utility District No. 2 for a five year term to fill the expir ing term of Mr. Glenn Peterson, term will expire on April 10, 2011; Children and Youth Planning Board for a two year term to fill the expiring term of Ms. JoAnn Derbonne, RN, representing the healthcare community, term will expire on April 11, 2011; Children and Youth Planning Board for a two year term to fill the expiring term of Mr. Johnny Qualls, representing the criminal justice community, term will expire on April 11, 2011; Children and Youth Planning Board for a two year term to fill the expirin g term of Mr. Wade Bond, representing the social services community, term will expire on April 11, 2011; Civil Service Board for a three year term to fill the expiring term of Mr. Michael P. Shamblin, nominee of Louisiana College, term will expire on April 14, 2011. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to waive the thirty day announcement rule and reappoint Mr. Glenn Peterson to Gas Utility District No. 2 for a five year term, term will expire on April 10, 2016. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton and Mr. Jamie Floyd, to waive the thirty day announcement rule and reappoint Ms. JoAnn Derbonne, RN to the Children and Youth Planning Board for a two year term, representing the healthcare community, term will expire on April 11, 2013. On vote the motion carried.
On motion by Mr. Jamie Floyd, seconded by Mr. Ollie Overton, to waive the thirty day announcement rule and reappoint Mr. Johnny Qualls to the Children and Youth Planning Board for a two year term representing the criminal justice community, term will expire on April 11, 2013. On vote the motion carried.
On motion by Mr. Joe Bishop and Mr. Ollie Overton, seconded by Mr. Jamie Floyd, to waive the thirty day announcement rule and reappoint Mr. Wade Bond to the Children and Youth Planning Board for a two year term, representing the social services community, term will expire on April 11, 2013. On vote the motion carried.
On motion by Mr. Jamie Floyd, seconded by Mr. Ollie Overton, to waive the thirty day announcement rule and appoint Ms. Melba Camp to fill the vacancy in the unexpired term on the Poland Recreation District created by the death of the late Mr. Curtis Paul, term will expire on February 8, 2016. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Jamie Floyd, to waive the thirty day announcement rule and appoint Mr. Steve Coco to the Kisatchie -Delta Regional Planning and Economic Development Board for a three year term effective July 16, 2011, term will expire on July 15, 2014. On vote the motion carried.
On motion by Mr. Jamie Floyd, seconded by Mr. Buck Lincecum, to accept the resignation of Mr. David Corley, representing the Rapides Parish Police Jury, from the Fire District No. 3 Civil Service Board and lay over thirty days an appointment to fill the expired term. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to accept the Secretary 's Report. On vote the motion carried.
The following resolution was offered by Mr. Theodore Fountaine and seconded by Mr. Buck Lincecum:
RESOLUTION
A resolution ordering and calling a special election to be held in the Parish of Rapides, State of Louisiana, to authorize a homestead exemption for homesteads owned by disabled veterans; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of th e Parish of Rapides, State of Louisiana (the Governing Authority), acting as the governing authority of the Parish of Rapides, State of Louisiana (the Parish), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and unde r the authority conferred by Article VII, Section 21(K) and Article VI, Sections 30 and 32 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5 and Chapter 6- A of the Louisiana Election Code, and other constitution al and statutory authority, a special election is hereby called and ordered to be held in the Parish on SATURDAY, OCTOBER 22, 2011 , between the hours of six o'clock (6:00) 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:
PARISH DISABLED VETERANS HOMESTEAD EXEMPTION
SUMMARY: Authorizes an additional homestead exemption in the Parish of Rapides, State of Louisiana, effective January 1, 2012, for certain disabled veterans in accordance with and subject to the provisions of Article VII, Section 21(K) of the Louisiana Constitution.
Shall an additional homestead exemption be authorized in the Parish of Rapides, State of Louisiana, effective January 1, 2012, for certain disabled veterans and their surviving spouses in accordance with and subject to the provisions of Article VII, Section 21(K) of the Louisiana Constitution, provided that this additional homestead exemption shall extend and apply to property in Rapides Parish only after approval by a majority of the registered voters of Rapides Parish voting on this proposition?
SECTION 2. Publication of Notice of Election . A Notice of Special Election shall be published in the Alexandria Daily Town Talk, a daily newspaper of general circulation within the Parish, pu blished in Alexandria, Louisiana, and being the official journal of the Parish, once a week for four consecutive weeks, with the first publication to be made not less than forty -five (45) days nor more than ninety (90) days prior to the date of the electio n, 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, th e Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, NOVEMBER 14, 2011 , at THREE O'CLOCK (3:00) 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.
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 Monday, November 14, 2011, 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 Secretary of the Governing A uthority 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 President and/or Secretary 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 Ex -Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the special election, in order that each may prepare for said election and perform 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, and in the event said election carries for further consent and authority to authorize the additional homestead exemption provided for therein. 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.
This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Richard Billings, Jamie L. Floyd, John "Buck" Lincecum, Joe Bishop, Richard Gerald Vanderlick, Oliver "Ollie" Overton Jr., Theodore Fountaine Jr., Steve Coco and Scott Perry Jr. NAYS: None. ABSENT: None. And the resolution was declared adopted on this, the 14th day of February, 2011. EXHIBIT A
NOTICE OF SPECIAL ELECTION
PARISH DISABLED VETERANS HOMESTEAD EXEMPTION
SUMMARY: Authorizes an additional homestead exemption in the Parish of Rapides, State of Louisiana, effective January 1, 2012, for certain disabled veterans in accordance with and subject to the provisions of Article VII, Section 21(K) of the Louisiana Constitution.
Shall an additional homestead exemption be authorized in the Parish of Rapides, State o f Louisiana, effective January 1, 2012, for certain disabled veterans and their surviving spouses in accordance with and subject to the provisions of Article VII, Section 21(K) of the Louisiana Constitution, provided that this additional homestead exemptio n shall extend and apply to property in Rapides Parish only after approval by a majority of the registered voters of Rapides Parish voting on this proposition?
The said special election will be held at the following polling places situated within the Parish, which polls will open at six o'clock (6:00) a.m., and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to-wit:
POLLING PLACES
Precinct Location Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria C22 Louisiana State University- Alexandria, 8100 Hwy. 71 South, Alexandria Drive, Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Alexandria Pineville N04 Kees Park Community Center, 2450 Hwy. 28 East, Pineville N08AK Lessie Moore Elementary School, 207 Griffith Street, Pineville Pineville N09 Kees Park Community Center, 2450 Hwy. 28 East, Pineville N10 J I Barron Elementary School, 3655 Trinity Church Drive, Pineville Pineville Pineville Pineville Pineville Pineville Pineville Pineville Pineville Pineville Pineville Pineville Deville N23 Fire District #6 Fire Station, 7557 Hickory Grove Road, Holloway Community N24 Buckeye High School, 715 Hwy. 1207, Deville Community N25 Buckeye High School, 715 Hwy. 1207, Deville Community Deville N27 Ruby Wise Elementary School, 5279 Hwy. 107, Pineville N28 Ruby Wise Elementary School, 5279 Hwy. 107, Pineville N29 Ruby Wise Elementary School, 5279 Hwy. 107, Pineville S01 Northwood High School, 8830 Hwy. 1 North, Boyce S02 Fire District #14, Fire Station #1, 2051 Hwy. 8, Flatwoods Boyce Alexandria S07 Oak Hill School, 7362 Hwy. 112, Hineston Clifton/Choctaw Community S10AK Oak Hill School, 7362 Hwy. 112, Hineston S10LZ Oak Hill School, 7362 Hwy. 112, Hineston S11 Fire District #5 Fire Station, 3569 Hwy 121, Gardner S13 J W McDonald Community Center, 878 Robinson Bridge Road, Woodworth S14 J W McDonald Community Center, 878 Robinson Bridge Road, Woodworth S15 Louisiana State University- Alexandria, 8100 Hwy. 71 South, Alexandria S16 Poland School, 3348 Hwy. 457, Poland Community Cheneyville Cheneyville S21 Millers Stop & Shop, 3474 Hwy. 112 (Midway Comm), Forest Hill Hill Forest Hill South Glenmora S28 Fire District #10 Fire Station, 10016 Hwy. 112, Union Hill Community S29 Plainview High School, 10935 Hwy. 112, Elizabeth
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 provisi ons of Chapter 5 and Chapter 6- A 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 plac e, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, NOVEMBER 14, 2011 , at THREE O'CLOCK (3:00) P.M. , and shall then and there in open and public session proceed to examine and canvass the returns and declare th e 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 Alexandria, Louisiana, on this, the 14 th day of February, 2011.
The following resolution was offered by Mr. Theodore Fountaine and seconded by Mr. Buck Lincecum:
RESOLUTION
A resolution of the Rapides Parish Police Jury approving the issuance of up to $4,985,000 in aggregate principal amount of General Obligation Refunding Bonds by the Ward 9 Recreation District of the Parish of Rapides, State of Louisiana.
WHEREAS, the Board of Commissioners (the "Board") of Ward 9 Recreation District, Parish of Rapides, State of Louisiana (the "Issuer"), has adopted a resolution relative to the issuance, sale and delivery of not exceeding $4,985,000 General Obligation Refunding Bonds (the "Refunding Bonds") for the purpose of refunding the Issuer's $6,300,000 General Obligation Bonds, Series 2002 (the "Prior Bonds") and providing debt service savings as a result of such refunding; and
WHEREAS, the Rapides Parish Police Jury (the "Police Jury") desires to approve and ratify the issuance of said Refunding Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Police Jury, that:
SECTION 1. The Police Jury hereby consents to and approves of the issuance by the Issuer of up to $4,985,000 in aggregate principal amount of General Obligation Refunding Bonds, Series 2011, for the purpose of refunding the Prior Bonds, and paying the expenses of authorizing and issuing the Refunding Bonds.
SECTION 2. The Police Jury's consent and approval is given pursuant to the applicable provisions of Louisiana law relating to the issuance of obligations of subordinate entities such as t he Issuer, and such approval should not be construed as expressing any view whatsoever as to the ability of the Issuer to make the payments contemplated by the Refunding Bonds.
SECTION 3. The Refunding Bonds shall not be obligations of the Parish of Rapi des but shall be obligations of the Issuer secured by and payable solely from the revenues of the Issuer.
This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Richard Billings, Jamie L. Floyd, John "Buck" Lincecum, Joe Bishop, Richard Gerald Vanderlick, Oliver "Ollie" Overton Jr., Theodore Fountaine Jr., Steve Coco and Scott Perry Jr. NAYS: None. ABSENT: None. And the resolution was declared adopted on this, the 14th day of February, 2011.
On motion by Mr. Theod ore Fountaine, seconded by Mr. Buck Lincecum, to authorize the Treasurer to adjust all 2011 budgets to reflect actual beginning cash balances, as recommended by the Treasurer. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to amend the Rapides Parish Health Unit 2011 budget to include the funding request as submitted by Dr. David Holcombe, DHH Region VI Administrator. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Bu ck Lincecum, to refer to Legal Counsel for a recommendation of a more restrictive ordinance to be included in the proposed amendment of the Sexually Oriented Businesses Section 5 -61 Definitions Adult Bookstore or adult video store to define substantial por tion as "Fifty percent or more" and delete the word substantial in the definition of Adult Retail Store, as recommended by Legal Counsel. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to accept the Publ ic Works Director's Report. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize to enter into an agreement with the Alexandria MacArthur Lions Club to conduct its Cotile Trade Days on March 25 -27, 2011 and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize Legal Counsel to proceed with the transfer under the Cotile Watershed Project of State Lands. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, the following ordinance was presented, to amend Section 6 -1/2.75 Pipeline Construction in Roadways, Rights -of-Ways, etc, et seq. as recommended by the Public Works Director, and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 6 1/2.75 ET SEQ. OF THE RAPIDES PARISH CODE OF ORDINANCES RELATIVE TO THE PIPELINE PERMIT APPLICATION GUIDELINES FOR THE CONSTRUCTION OF PIPELINES IN T HE PARISH OF RAPIDES, LOUISIANA, REGARDING THE CONSTRUCTION, RELOCATION, RECONSTRUCTION, WIDENING AND MAINTAINING IN THE AREAS OF ROADWAYS, RIGHTS -OF-WAYS, DITCHES, CANALS, BAYOUS, LAKES, STREAMS, LEVEES, AND OTHER BODIES OF WATER
BE IT ORDAINED by the R apides Parish Police Jury in Regular Session convened on the 14th day of February, 2011, that Section 6-1/2.75 et seq. is hereby amended and reenacted to read as follows:
Sec. 6 1/2-75.- Application for and execution of project permit.
All persons, corporation, firms or anyone desiring to perform onshore oil or natural gas drilling exploration or construct pipelines in the parish that may cross, traverse or affect roadways, rights -of-way, ditches, canals, bayous, lakes, streams, levees, and other bodies of water shall apply for and execute a project permit from the police jury in the form and under the terms and conditions made part of this article as follows:
PIPELINE/UTILITY PROJECT PERMIT
PARISH OF RAPIDES, LOUISIANA
PERMIT NO _______________ ELECTION DISTRICT ________________
_____________, hereinafter termed the applicant, requests a permit of convenience and necessity from the Rapides Parish Police Jury, hereinafter termed the Grantor, for the use and occupancy of th e following rights-ofway _________________ for the installation, operation or repair of the following described project: Applicant _______________ Signed ______________ Address _________________ Date ________________ ___________________ Phone _______________
This permit is granted subject to the following special conditions:
- (1) Applicant shall provide at each gravel road crossing three (3) inches of wash gravel or crushed stone for a distance of one hundred fifty (150) feet each side of pipeline crossing for the width of the roadbed and three (3) inches of crushed stone on all shoulders of all asphalt road crossings for the same distance.
- (2) All parish road crossings shall be jacked or bored under hard surfaced roads from right -of-way to rightof-way. Pipelines greater than six (6) inches in diameter or operating under pressures greater than two hundred (200) pounds per square inch (psi) shall be encased under roadways for length of bore. (Note: These conditions shall pertain to all roads, regardless of whether or not they are shown on the permit location maps and/or designated as Parish Roads at the time of final inspection.)
- (3) Pipelines par allel to the roadway shall have a minimum cover of thirty -six (36) inches below the shoulder of the road or twenty -four (24) inches below the flow line of existing or proposed drainage ditches, whichever is greater. Pipelines crossing the roadway shall hav e a minimum cover of thirty- six inches below the flow line of the side ditches. Crossings shall be made at as nearly right angles to the roadway as possible.
- (4) The applicant is required to be familiar with federal, state, and local laws and is required to secure all necessary licenses, etc., and shall carry out all work in accordance with all such laws and regulations.
Permit granted this _______ day of ___________, 20 Permit expires on the __day of ____________, 20
APPROVED ________________ Parish Engineer
Project completed and accepted this ___day of ____, 20
By __________________ Parish Engineer
SKETCH
This space is to be used for a sketch of the project by the applicant. Blue prints may be furnished instead of the above sket ch at the discretion of the applicant. Sketch shall include a plan and profile of the proposed installation. For installations parallel to the roadway, the sketch is to show the proposed location of the pipeline or other facilities in relation to the edge of roadway and right-of-line.
Sec. 6 1/2-76. - General conditions under which permit is granted. A permit for the construction of a pipeline shall be granted under the following conditions:
- (1) All fixtures and appurtenances thereto, after having be en erected, shall at all times be subject to inspection and the right is reserved to require such changes, additions, repairs, relocations and adjustments as may at anytime be considered necessary to permit the relocations, reconstruction, widening and maintaining of the roadway, rights-of-way, ditches, canals, bayous, lakes, streams, levees, or other bodies of water, and to provide proper and safe protection to life and property on or adjacent to the roadway, rights -of-way, ditches, canals, bayous, lakes, streams, levees, or other bodies of water, or in the interest of safety to traffic on the roadway, rights -of-way, ditches, canals, bayous, lakes, streams, levees, or other bodies of water, and that the cost of making such changes, additions, repairs and relocations shall be borne by the applicant, except that applicant shall not bear such costs where they are attributable to work outside of right -of-ways owned by the Police Jury or other public or government entities.
- (2) Types of construction and other specifications shall be in accordance with accepted standard practice. Suitable barricades, danger signs and lights shall be erected when necessary
- (3) Data relative to the proposed location shall include:
- (a) six vicinity maps showing the entire pipeline or appurtenances to be constructed;
- (b) six (6) scale plan views of each crossing showing size and type line and a distance from a road intersection or section line to the proposed crossing;
- (c) six (6) scale profile views of the proposed crossing showi ng type of surface being crossed or type and size of channel;
- (d) operating pressure of the line must also be shown.
Any other information which may be required by the Grantor shall be furnished to the Grantor by the applicant free of cost, and that th e applicant shall make any and all changes or additions necessary to make the proposed fixtures and appurtenances thereto satisfactory.
- (4) The applicant agrees to hold harmless the Grantor and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit.
- (5) The applicant shall perform any maintenance work which is required any time after installations or when construction is completed and accepted. Such maintenance work shall include proper filling with suitable material of settled trench or earth fill and repairing of damage caused by such settlement to the road surface or other structures.
- (6) When and so long as the facilities involved in this permit are used in interstate commerce, this permit is conditioned on there being in force a certificate of convenience and necessity issued by the Federal Power Commission, or such other Federal Agency as may be so authorized by Congress to the applicant and upon the applic ant's compliance with all the terms of such certificate and the orders issued in connection therewith.
- (7) The applicant is required to be familiar with Federal, State and Local Laws and is required to secure all necessary licenses, etc., and shall carry out his work in accordance with all such laws and regulations.
- (8) The applicant upon being so directed by the Grantor or its duly appointed agents, shall remove, replace, rebuild, or make good, at his own expense, any work which may be considered defecti ve, and until such work is corrected, the Grantor shall withhold from the applicant's guarantee deposit a just and equitable sum as a guarantee that the applicant will correct his defective work.
- (9) Upon completion of construction, the applicant is to re move from the Grantor's property all material left from the construction, all scaffolding, forms, extra excavation, etc., and is to thoroughly clean and leave the Grantor's property in its original condition.
- (10) Upon completion of the construction by th e applicant, the parish engineer shall be notified and will make a final inspection of the work and submit a written report to the Grantor. No refund of deposit guarantee will be made to the applicant without the written approval of the parish engineer th at the work is satisfactorily completed.
- (11) In the event applicant fails to correct any defects after the work is performed, and after ten (10) days notice by mail is made to applicant at his last known address, then Grantor shall correct or order corrected any such defect and apply applicant's guarantee deposit to the payment of same.
Sec. 6 1/2-77. - Standards for the installation of pipelines on parish road rights-of-way.
- A. General:
- (1) All safety precautions for the protection of the traveling public must be observed. Undue delay to traffic will not be tolerated.
- (2) Installation of pipelines shall be jacked or bored under hard -surfaced roadway from right -ofway to right -of-way. When jacking or boring, the bored hole or excavation ahead of the pipe shall be just large enough to receive the pipe.
- (3) Installation of pipelines under all roadway shall be cased from right -of-way line to right -ofway line. Except for pipelines of six (6) inches in diameter or smaller, operating under pressures of two hundred (200) psi or less need not be cased; however, no repairs will be allowed on the pipeline not encased under hard -surfaced roads, but shall be replaced with a new line.
- (4) Installation of pipelines under gravel roads may be laid by open cut meth od, unless noted otherwise in the special conditions. During construction by this method one -half of the road shall be kept open at all times.
- (5) All excavations within the limits of the rights -of-way shall be backfilled and tamped in six (6) inch layers. The top six (6) inches of backfill of all excavation in the road surface shall be sand-clay gravel.
- (6) When required by the Grantor or its duly appointed agents, additional approved materials will be added to any roadway used by the applicant to restor e the road surface to its original condition at the cost of the applicant.
- (7) When making repairs to the pipelines, these standards shall also govern.
- B. Parallel to the roadway.
Pipelines paralleling the roadway:
- (1) Shall be installed parallel to th e right-of-way and be a minimum distance of twelve (12) feet away from the centerline as established between rights-of-way;
- (2) Shall have a minimum earth cover of thirty- six (36) inches below the shoulder of the road or shall have a minimum clearance of twenty -four (24) inches below existing or proposed drainage structure and side ditches, wherever is greater, unless shown otherwise in the special conditions;
- (3) Need not be encased.
- C. Crossing the roadway:
- (1) Pipelines of less than eight (8) inche s in size shall have an earth cover of not less than eighteen
- (18) inches below the flow line of the side ditches, or thirty -six (36) inches below the shoulder of the roadway, whichever is greater.
- (2) Pipelines of eight (8) inches and over shall have an e arth cover of not less than thirty- six (36) inches below the flow line of the side ditches. Crossings shall be made at as nearly right angles to the roadway as possible. No existing drainage structure under the roadway may be used for this purpose.
Sec. 6 1/2-78. - Standards for installation of pipelines on crossing streams or its rights-of-way.
- a. General:
- (1) Streams shall be defined as any drainage, ditch, canal, bayou, river, lake or other body of water over which the Grantor has jurisdiction.
- (2) Pipelines may be installed by the open cut method unless otherwise noted in the special conditions.
- (3) All excavations within the limits of the rights -of-way shall be backfilled and tamped in eight
- (8) inch layers. Riprap, sand or earth bag shall be us ed for the last nine (9) inches of the backfill over the trench from five feet behind top of bank to five feet behind top of bank of the stream. For streams carrying water of depths greater than five (5) feet, a suitable bulkhead shall be erected.
- (4) All construction on streams under the jurisdiction of the Louisiana Department of Public Works and the Corps of Engineers must be constructed in accordance with their requirements. A permit from the Louisiana Department of Public Works for streams under thei r jurisdiction must accompany this application.
- b. Depth and width requirements:
- (1) Open Waters: Required depth to top of pipe three (3) feet below hard bottom.
- (2) All Drainage Ditches and Canals: Required depth and width to top of pipe five (5) feet below flowline of channel for a width of twice the width of the existing channel.
Sec. 6 1/2-79. - Standards for the installation of supply and communication lines. The following standards shall apply to supply and communication lines.
- (1) All pole lines shall occupy the last two (2) feet of the right-of-way behind the ditch.
- (2) Lines crossing the roadway shall have a minimum vertical clearance of twenty (20) feet.
- (3) Where supply and/or communication lines are placed underground in a casing or condui t the standards for pipe lines shall govern.
- (4) Clearances, types of construction and other specifications shall be in accordance with the provisions of the National Code for supply and communication lines.
Sec. 6 1/2-80.- Deposit requirement.
The amount of guarantee deposit required in connection with this permit shall be calculated from the following schedule:
Underground Unit Quantity Unit Total Facilities Cost Cost
1st Mile or Less Lump Sum $500.00 $500.00 (Minimum)
Next 4 Miles Ea. Add. $500.00 (If less than 8"dia) Mile
Next 4 Miles Ea. Add. $1,000.00 (8" dia. or more) Mile
Over 5 Miles Ea. Add. $250.00 (If less than 8"dia) Mile
Over 5 Miles Ea. Add. $500.00 (8" dia. or more) Mile
Total Deposit $
Overhead Unit Quantity Unit Total Facilities Cost Cost
Parallel to Road Lump Sum $100.00 $100.00 (1 Mile or Less)
Parallel to Road Ea. Add. $25.00 (More than 1 Mile) Mile
Crossing Roadway Each $0.00
Total Deposit $
Deposit will be refunded upon written request and acceptance by the Parish Engineer that the work has been satisfactorily completed. The applicant is still responsible for any main tenance work that is required any time after construction is completed and accepted. In the event applicant fails to correct any defects after work is performed and after ten (10) days notice by mail is made to applicant last known address, then grantor sh all correct or order corrected any such defect and apply applicant's deposit to the payment of same. Sec. 6 1/2-81.- Permit and inspection fees.
The amount of permit and inspection fees required in connection with this permit shall be calculated as follows:
Unit Total Unit Quantity Cost Cost
Initial Fee(Min.) Lump Sum $200.00 $200.00 Road Crossing Each $15.00 Stream Crossing Each $15.00 Parallel to Road Mile $15.00
Total Fees $
A re-inspection fee of fifteen dollars ($15.00) per road and/or stream crossing and/or mile shall be charged when the requirements of the permit are not met for the first inspection.
Sec. 6 1/2-82.- Availability of permit.
This permit is to be available at the site when and where work is being done.
Sec. 6 1/2-83.- Penalty for violation.
Whoever undertakes the construction of a pipeline as it affects roadways, rights -of-ways, ditches, canals, bayous, lakes, streams, levees, and other bodies of water, without first obtaining a permit as provided herein shall be guilty of a misdemeanor and, upon conviction shall be fined not less than double the amount of the applicable permit fees as provided herein for that particular project, or serve a term in the Parish Jail of not more than ten
- (10) days, at the discretion of the Court.
BE IT FURTHER ORDAINED, etc., that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this o rdinance which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this ordinance are hereby declared severable. THUS DONE, PASSED AND APPROVED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to enter into a contract with the Louisiana Department of Public Safety and Correction for inmate crews used at the Parish Highway Department for the period of July 1, 2011 through June 30, 2014 at the continued rate of $1,538.47 every two weeks and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize to advertise for bids for the following: creosote bridge material, various road material (gravel, lightweight aggregate and pit run), and reinforced concrete pipe for annual contracts; various bituminous material (hot and cold mix), tank car culverts, corrugated metal pipes for a six month contract, to be paid from Road and Bridge Funds and various maintenance funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to exercise the option to renew Co ntract Bid No. 2136 Liquid Asphalt at the same terms and prices as follows: Ergon Asphalt and Emulsions for CRS2 for an amount of $1.70 per gallon (delivered); and Asphalt Products Unlimited Inc. for MC - 30 for an amount of $3.05 per gallon (delivered) for an additional six months, to be paid from Road and Bridge Funds and various maintenance funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincec um, to exercise the option to renew Contract Bid No. 2131 Automated Fleet Fuel Provider to FleetCor Technologies at the same terms and prices for an additional twelve month period, to be paid from Road and Bridge Funds and various departments, as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize the President to reappoint for additional terms Mr. Joe Brown Jr., Mr. Chad Bynog, Mr. Robert Cespiva, Mr. Robert Le avines, Ms. Joan Lee, Mr. Gary Nugent, Mr. O.U. Payne, Ms. Rayetta Thompson, and Mr. Tim Ware to the Rapides Parish Workforce Investment Board LWIA No. 61. Term dates for membership effective February 1, 2011 and ends February 1, 2013. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize the President to appoint private sector nominee Mr. Terry Arceneaux to the Rapides Parish Workforce Investment Board. Term date to begin February 24, 2011 and en d February 24, 2013. Mr. Arceneaux will be replacing private sector board member Jeffrey Karam. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, the following corrected Notice of Special Election for Sale s Tax District No. 3 on the April 2, 2011 balloting so as to change Voting Precinct N17 from (split) to (all) and on vote unanimously adopted: EXHIBIT A
NOTICE OF SPECIAL ELECTION
SALES TAX DISTRICT NO. 3
(1/2% SALES TAX RENEWAL)
Summary: Authority to continue to levy, in perpetu ity, a 1/2% sales tax renewal for constructing and maintaining public streets, roads, highways, bridges and drainage in the Parish and for paying general operating expenses, and salaries of employees in certain municipalities.
Shall Sales Tax District N o. 3 of the Parish of Rapides, State of Louisiana (the "District"), consisting of the entire area within Rapides Parish outside the corporate limits of Alexandria and Pineville, under the authority of R.S. 33:2721.6 be authorized to continue to levy and collect within the District, and adopt an ordinance providing for such levy and collection, one - half of one percent (1/2%) tax upon the sale at retail, the use, the lease or rental, the consumption and the storage for use and consumption of tangible personal property and upon the sale of services within the District, all as presently or hereafter defined in R.S. 33:2721.6 and R.S. 47:301- 317, inclusive, (an estimated $2,400,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), in perpetuity, said tax to constitute a renewal and continuation of a similar tax, which expires on May 31, 2012, with the avails or proceeds of the tax (after paying reasonable and necessary costs and expenses of collection and administration) to be allocated and divided between the Parish and the incorporated municipalities in the Parish on the following percentage basis:
- (i) 6.1211% to Town of Ball (ii) 1.8842% to Town of Boyce (iii) 1.3486% to Town of Cheneyville (iv) .6743% to Village of Forest Hill
- (v) 2.4884% to Town of Glenmora (vi) 1.9937% to Town of Lecompte (vii) .3109% to Village of McNary (viii) 2.2899% to Village of Woodworth (ix) 82.8889% to Rapides Parish Police Jury as the 100.00% Parish governing authority
and shall the percentage of tax revenues allocated to each municipality and parish listed above the reallocated annually in July based upon the most recently published Federal/State Cooperative Population estimate by and between the U.S. Census Bureau and Louisiana Tech University to reflect new and dissolved municipalities, and population changes and shall the aforesaid political subdivisions dedicate and use the tax avails or proceeds of their respective allocations of the said tax for the following purposes:
- (a) In the Parish, for constructing and maintaining public streets, roads, highways, bridges and drainage; and
- (b) In the municipalities, for paying general operating expenses, and salaries of municipal employees?
The said special election will be held at the following polling places situated within the District, which polls will open at six (6:00) o'clock a.m. and close at eight (8:00) o'clock p.m., in accordance with the provisions of La. R.S. 18:541), to-wit: POLLING PLACES PRECINCT LOCATION Alexandria (IN PART) C11 Julius Patrick Elementary School, 1402 Reed Avenue, Alexandria (IN PART) C14 N Bayou Rapides Elementary School, 5500 England Dr., Alexandria (IN PART) C15 Rosenthal Montessori School, 1951 Monroe Street, Alexandria (IN PART) Alexandria (IN PART) Alexandria (IN PART) C22 Louisiana State University-Alexandria, 8100 Hwy. 71 South, Alexandria (IN PART) C24 Horseshoe Elementary School, 2905 Horseshoe Drive, Alexandria (IN PART) C25 Horseshoe Elementary School, 2905 Horseshoe Drive, Alexandria (IN PART) C33 Cherokee Elementary School, 5700 Prescott Road, Alexandria (IN PART) C34 Cherokee Elementary School, 5700 Prescott Road, Alexandria (IN PART) C35 Alexandria Senior High School, 800 Ola Street, Alexandria (IN PART) Alexandria (IN PART) Alexandria (IN PART) C39 N Bayou Rapides Elementary School, 5500 England Drive, Alexandria (IN PART) C41 Alexandria Senior High School, 800 Ola Street, Alexandria (IN PART) C42 Cherokee Elementary School, 5700 Prescott Road, Alexandria (IN PART) N03 J S Slocum Learning Center, 901 Crepe Myrtle Street, Pineville (IN PART) N04 Kees Park Community Center, 2450 Hwy 28 East, Pineville (IN PART) N08AK Lessie Moore Elementary School, 207 Griffith Street, Pineville (IN PART) N08LZ Lessie Moore Elementary School, 207 Griffith Street, Pineville (IN PART) N09 Kees Park Community Center, 2450 Hwy 28 East, Pineville (IN PART) N10 J I Barron Elementary School, 3655 Trinity Church Drive, Pineville (IN PART) N12 J I Barron Elementary, 3655 Trinity Church Drive, Pineville (IN PART) N23 Fire District #6 Fire Station, 7557 Hickory Grove Road, Holloway Community N24 Buckeye High School, 715 Hwy 1207, Deville Community N25 Buckeye High School, 715 Hwy 1207, Deville Community N27 Ruby Wise Elementary School, 5279 Hwy 107, Pineville N28 Ruby Wise Elementary School, 5279 Hwy 107, Pineville N29 Ruby Wise Elementary School, 5279 Hwy 107, Pineville S01 Northwood High School, 8830 Hwy 1 North, Boyce S02 Fire District #14, Fire Station #1, 2051 Hwy 8, Flatwoods S07 Oak Hill School, 7362 Hwy 112, Hineston S09 Clifton Community Center, 1146 Clifton Road, Clifton/Choctaw Community S10AK Oak Hill School, 7362 Hwy 112, Hineston S10LZ Oak Hill School, 7362 Hwy 112, Hineston S11 Fire District #5 Fire Station, 3569 Hwy 121, Gardner S15 Louisiana State University-Alexandria, 8100 Hwy 71 South, Alexandria S16 Poland School, 3348 Hwy 457, Poland Community S19 Rapides High School, 9463 La. Hwy 71, Lecompte S21 Miller's Stop & Shop, 3474 Hwy 112 (Midway Comm), Forest Hill S28 Fire District #10 Fire Station, 10016 Hwy 112, Union Hill Community S29 Plainview High School, 10935 Hwy 112, Elizabeth
The polling places set forth above are hereby designated as the polling places at which t o 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 and Chapter 6 -A 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 Rapides Parish Courthous e, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, APRIL 11, 2011 , at THREE O'CLOCK (3:00) 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 elect ion. All registered voters of the District are entitled to vote at said special election and voting machines will be used. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seco nded by Mr. Buck Lincecum, the following Proclamation was presented and on vote unanimously adopted:
RESOLUTION
WHEREAS, a vacancy exists in the Office of Alexandria City Marshal, City Court, Parish of Rapides, Louisiana, as a result of the resignation of Mr. James R. Byrd effective February 16, 2011; and, WHEREAS, the Secretary of State's Office has advised the Rapides Parish Police Jury that more than one year remains to be served in the term:
NOW, THEREFORE, by virtue of the authority contained i n R.S. 18:604 B(2)(a), BE IT RESOLVED by the Rapides Parish Police Jury that a Special Election is hereby called to fill the vacancy in the Office of Alexandria City Marshal, City Court, Parish of Rapides, Louisiana; the primary election shall be on Saturd ay, October 22, 2011, and the general election shall be on Saturday, November 19, 2011; and the qualifying period for candidates shall begin on September 6, 2011, and shall end on September 8, 2011, at 5:00 p.m. by the authority contained in R.S. 18:467(1); and,
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Secretary of State in Baton Rouge, Louisiana, the Clerk of Court and Ex -Officio Parish Custodian of Voting Machines in and for the Parish of Rapides, the Commissi oner of Elections and Registrar of Voters in and for Rapides Parish, as notification of the special election herein called in order that each may prepare for said election and perform his respective functions as required by law. THUS DONE AND SIGNED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize the President to initial amendment provision acknowledging change in contract period (dates) on Amendment No. 1 for NEG International Paper Contract No. 690650. Correction made on both the "Change Contract Period from" and "Change Contract Period to" lines from incorrect date of 9/1/08 to the correct beginning date of 12/15/09. On vote the motion carried.
On motion by Mr. Theodore Fountain e, seconded by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted:
RESOLUTION TO EXPRESS OPPOSITION OF
WORKFORCE INVESTMENT BOARD
FOR
AND
LOCAL WORKFORCE INVESTMENT AREA BOARDS
WHEREAS, Workforce Investment Boards were created under the Workforce Investment Act of 1998 (Section 117) to establish local workforce areas in partnership with the chief elected officials to conduct oversight of the local Workforce System with respect to local p rograms of youth activities under Section 129 of WIA, local employment and training activities authorized under Section 134, and the one-stop delivery system in the local area (WIA, Section 117(d)(4)), which provides resources for job seekers and employers , job training as well as supportive services, such as transportation, books, supplies, etc.; and
WHEREAS, the Workforce Investment Boards are local entities, composed of local private employer representation and public representation, as appointed by e ach areas' chief elected officials and certified by the Governor of Louisiana for each locally defined area; and,
WHEREAS, the Louisiana Workforce Commission is engaging in conversations regarding Functional Realignment with the State Workforce Investmen t Council, as well as the Legislative Labor Committee, in an effort to consolidate the existing eighteen local Workforce Investment Boards, established across the State of Louisiana, down to eight Boards; and,
WHEREAS, it is our understanding that the pr oposed consolidation of local Workforce Investment Boards is an attempt for cost-savings and functional realignment of services; and
WHEREAS, the proposed consolidation would adversely affect local funding and services provided to participants and constituents in the area; and
WHEREAS, constituents in- need would experience transportation barriers to reach a non -local workforce center; and
WHEREAS, local representation on the Workforce Investment Board would be adversely affected; and,
WHEREAS, in or der to effectively operate the program, the resources of such local areas that are presently available to administer the activities carried out under Section 116 WIA, would no longer be available as we see no cost-savings that would result from the consolidation; and
WHEREAS, Workforce Investment Boards at the Local, Parish, Regional levels oppose the Louisiana Workforce Commission's recent engagements to proceed with discussions and the intent to consolidate the existing eighteen Local Workforce Investme nt Boards (LWIB) across the State of Louisiana down to eight Workforce Investment Boards; and
WHEREAS, the Rapides Parish Police Jury opposes the Louisiana Workforce Commission's intent to propose consolidating the eighteen Workforce Investment Boards into eight in the State of Louisiana; and
NOW, THEREFORE, BE IT RESOLVED, the Rapides Parish Police Jury, State of Louisiana (the "Governing Authority") and grant recipient of Workforce Investment Act (WIA) funds for Local Workforce Investment Area No. 61, opposes any action that would result in the consolidation of this and other Local Workforce Investment Boards; and
BE IT FURTHER RESOLVED, the Rapides Parish Police Jury requests its colleague Workforce Investment Areas and Workforce Investment Boards throughout the State of Louisiana, to join in this effort, with special emphasis on opposing any action to consolidate the Local Workforce Investment Boards; and
BE IT FURTHER RESOLVED, that communications by the Louisiana Workforce Commission between al l parties involved in this workforce development effort be improved for the betterment of the community and those participants that we serve on a daily basis; and,
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the other Parishes/Councils/Commissions in the State urging their support; and,
BE IT FURTHER RESOLVED, that a copy of this resolution is to be made available and sent to Governor Bobby Jindal, our Louisiana Legislative Delegation, and the Louisiana Workforce Investment Council . THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize temporary relocation of Courthouse security from the Courthouse Front Entrance and request the Sher iff's Department to escort handicapped persons to the Courthouse elevator. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, that the Rapides Parish Police Jury has no objections to the deletion of the popu lation reference by the State Legislature in LAR 33:151 Extension of Corporate Limits of Municipality by Means of Petition and Election, copy of this resolution to be sent to our Louisiana Legislative Delegation. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to ratify expenses of interested Police Jurors who attended the Environmental Regulatory Compliance Conference held on January 26, 2011 in Alexandria. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to receive the required report from Acadian Ambulance under the Contract for December 2010: Response Number Required Compliance Zone Responses % % Alexandria - 8 minute 417 80% 85.61% Pineville - 8 minute 117 80% 84.62% Rapides - 12 minute 173 80% 83.24% Rapides - 20 minute 140 80% 84.29% On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to award Bid No. 2166 Lease/Purchase Two (2) New 4,000 Gallon Tankers for Fire District No. 10 to the sole bidder Sunbelt Fire for an amount of $529,008 ($264,504 each), as recommended by the Plainview Volunteer Fire Department Board of Directors and Purchasing Agent, and authorize the Treasurer to secure financing, to be paid from Fire District No. 10 Funds as budgeted. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to ratify the State of Emergency Proclamation in Rapides Parish by the President for the Severe Winter Weather Declaration for February 3-4, 2011:
STATE OF EMERGENCY
RAPIDES PARISH
WHEREAS, the Parish of Rapides is currently faced with a pending emergency due to Winter Weather;
WHEREAS, a definite threat to property and lives, for the Citizens of Rapides Parish, exists due to impending impact of the extreme Winter Weather;
WHEREAS, the potential to exhaust local resources exists due to extremely frigid temperatures, ice accumulations on roadways, trees and power l ines potentially causing widespread power outages and road closures limiting Emergency Response access to the Citizens of Rapides Parish;
THEREFORE, I Richard Billings, President of the Rapides Parish Police Jury, by authority vested in me by the Parish Charter and the Louisiana Disaster Act of 1993, do hereby proclaim;
A State of Emergency exists within the Parish of Rapides and that all Emergency Preparedness Plans and the Parish All Hazard Emergency Operations Plan be activated, if necessary.
Issued on the 3rd day of February, 2011 and effective at time of issuance ( hrs).
s/Richard Billings, President
On motion by Mr. Richard Vanderlick, seconded by Mr. Jamie Floyd, to add the following items to the agenda.
A roll call vote was called and was as follows: YES NO Richard Billings Jamie Floyd Buck Lincecum Joe Bishop Theodore Fountaine Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion carried 9-0.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted: RESOLUTION WHEREAS, the State of Louisiana has executed a Memorandum of Understanding with British Petroleum (BP), securing an additional $30 million for tourism recovery efforts from the impact of the April 20, 2010 Deepwater Horizon explosion and subsequent oil spill; and WHEREAS, the Parish of Rapides has been allocated $97,603.60 to put toward endeavors to increase tourism in the Rapides Parish area; and NOW, THEREFORE, BE IT RESOLVED the Rapides Parish Police Jury hereby authorizes Ms. Sherry Smith-Ellington, Executive Director, with the Alexandria Pineville Area Convention and Visitors Bureau the authority to act on behalf of the Rapides Parish Police Jury in connection herewith. THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted:
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain parcel of land with all buildings and improvements thereon in the City of Alexandria, Rapides Parish, Louisiana, being the middle one-third of lot nine of block twenty-three of the South Alexandria Land Co., Ltd., (sic) Addition to said City fronting fifty feet on Turregano Street and extending back therefrom between parallel line fifty feet to lot ten in rear belong to Mose Hubbard bounded on one side by property of (illegible entry) and on the other by property (illegible entry) Stella B. Fox.
Mid 1/3 of Lot Nine (9) of Square Twenty Three (23) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
TO PASTOR JEANNIE WILLIAMS
AUTHORIZED AGENT ACTING ON BEHALF AND FOR THE
NEW DAY DELIVERANCE HOLINESS CHURCH
FOR THE
CONSIDERATION OF $466.67 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain parcel of land with all buildings and improvements thereon in the City of Alexandria, Rapides Parish, Louisiana, being the middle one-third of lot nine of block twenty-three of the South Alexandria Land Co., Ltd., (sic) Addition to said City fronting fifty feet on Turregano Street and extending back therefrom between parallel line fifty feet to lot ten in rear belong to Mose Hubbard bounded on one side by property of (illegible entry) and on the other by property (illegible entry) Stella B. Fox.
Mid 1/3 of Lot Nine (9) of Square Twenty Three (23) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from Pastor Jeannie Williams, Authorized Agent acting on behalf and for The New Day Deliveran ce Holiness Church to purchase said property for the consideration of $466.67 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above - mentioned property to Pastor Jeannie Williams, Authorized Agent acting on behalf and for The New Day Deliverance Holiness Church, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain parcel of land with all buildings and improvements thereon in the City of Alexandria, Rapides Parish, Louisiana, being the middle one -third of lot nine of block twenty -three of the South Alexandria Land Co., Ltd., (sic) Addition to said City fronting fifty feet on Turregano Street and extending back therefrom between parallel line fifty feet to lot ten in rear belong to Mose Hubbard bounded on one side by property of (illegible entry) and on the other by property (illegible entry) Stella B. Fox.
Mid 1/3 of Lot Nine (9) of Square Twenty Three (23) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
Municipal Address of the Property: 1307 Turregano Street, Alexandria, LA, Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent int erest in the property, or who have filed a request for notice as indicated in those records and has so examined:
a.) the mortgage and conveyance records of Rapides Parish, b.) the current telephone book, c.) any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to th e Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the "green and white receipts" should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (for merly "proces verbal"), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly "proces verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A.(2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly "proces verbal") was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly "proces verbal") was filed less than five years before the first publication of the notice provided for this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B.(2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax de btor or the current owner. a transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. at any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to th is body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of the Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. Th e acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibito ry defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyanc es shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section. THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted:
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain parcel of land with all buildings and improvements thereon in the City of Alexandria, Rapides Parish, Louisiana, being the one -third nearest Harris Street of lot Nine of Block Twenty -Three of the South Alexandria Land Co., Ltd., (sic) Addition, having a front of Fifty feet on Turregano Street and extending back therefrom between parallel line fifty feet to property of Mose Hubbard in rear, bounded on one side by property (this day) sold to Elnoria Dodson, and on the other by lot of eight of said block.
(Bottom) 1/3 of Lot Nine ( 9) of Square Twenty Three (23) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
Municipal Address of the Property: 1311 Turregano Street, Alexandria, LA 71301
TO PASTOR JEANNIE WILLIAMS
AUTHORIZED AGENT ACTING ON BEHALF AND FOR THE
NEW DAY DELIVERANCE HOLINESS CHURCH
FOR THE
CONSIDERATION OF $466.67 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain parcel of land with all buildings and improvements thereon in the City of Alexandria, Rapides Parish, Louisiana, being the one -third nearest Harris Street of lot Nine of Block Twenty -Three of the South Alexandria Land Co., Ltd., (sic) Addition, having a front of Fifty feet on Turregano Street and extending back therefrom between parallel line fifty feet to property of Mose Hubbard in rear, bounded on one side by property (this day) sold to Elnoria Dodson, and on the other by lot of eight of said block.
(Bottom) 1/3 of Lot Nine (9) of Square Tw enty Three (23) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from Pastor Jeannie Williams, Authorized Agent acting on behalf and for The New Day Deliverance Holiness Church to purchase said property for the consideration of $466.67 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it woul d be in the public interest to convey the above - mentioned property to Pastor Jeannie Williams, Authorized Agent acting on behalf and for The New Day Deliverance Holiness Church, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain parcel of land with all buildings and improvements thereon in the City of Alexandria, Rapides Parish, Louisiana, being the one -third nearest Harris Street of lot Nine of Block Twenty - Three of the South Ale xandria Land Co., Ltd., (sic) Addition, having a front of Fifty feet on Turregano Street and extending back therefrom between parallel line fifty feet to property of Mose Hubbard in rear, bounded on one side by property (this day) sold to Elnoria Dodson, and on the other by lot of eight of said block.
(Bottom) 1/3 of Lot Nine (9) of Square Twenty Three (23) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
Municipal Address of the Property: 1311 Turregano Street, Alexandria, LA 71301
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has se arched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
a.) the mortgage and conveyance records of Rapides Parish, b.) the current telephone book, c.) any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the "green and white receipts" should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale pa rty whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty da ys from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly "proces verbal"), or six months after the date of the notice provided for in this Subsection, if five years have no t elapsed since the filing of the tax sale certificate (formerly "proces verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A.(2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly "proces verbal") was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly "proces verbal") was filed less than five years before the first publication of the notice provided for this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. a transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. at any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of the Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas an d other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring pers on's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writi ng constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were ide ntified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulate d in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section. THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted:
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
Lot Three (3) of Square Eighteen (18) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
Municipal Address of the Property: 2069 Harris Street, Alexandria, LA 71301
TO PASTOR JEANNIE WILLIAMS
AUTHORIZED AGENT ACTING ON BEHALF AND FOR
THE NEW DAY DELIVERANCE HOLINESS CHURCH
FOR THE
CONSIDERATION OF $2,000.00 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot Three (3) of Square Eighteen (18) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
Municipal Address of the Property: 2069 Harris Street, Alexandria, LA 71301
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from Pastor Jeannie Williams, Authorized Agent acting on behalf and for The New Day Deliveran ce Holiness Church to purchase said property for the consideration of $2,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above - mentioned property to Pastor Jeannie Williams, Authorized Agent acting on behalf and for The New Day Deliverance Holiness Church, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. Lot Three (3) of Square Eighteen (18) of South Alexandria Land Company Subdivision, Rapides Parish, Alexandria, Louisiana.
Municipal Address of the Property: 2069 Harris Street, Alexandria, LA 71301
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing D epartment that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- (a) the mortgage and conveyance records of Rapides Parish,
- (b) the current telephone book,
- (c) any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of St ate and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identif ied via regular mail, certified mail*, publication and/or service of process. *Copies of the "green and white receipts" should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall s end a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly "proces verbal"), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly "proces verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee int ends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly "proces verbal") was filed over five years previous of the first publication, or six month if the tax sale certi ficate (formerly "proces verbal") was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B.(2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or ot her encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206(A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the Di strict Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial applica tion fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or t he Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sale s and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successo rs, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all po litical subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of t he affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsection (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the rec order of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to a ny person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section. THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconde d by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted:
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
Part of Lot 11- A of Block 4, Home Acres Subdivision (Revised), near Alexandria, Rapides Parish, Louisiana, described as follows: from the point where Midway Street intersects the line dividing Lots 11 -A and 12 of said Block 4 go along Midway Street in a westerly direction 52.18 feet to establish the point of beginning; thence continue same course 52.17 feet; thence run along the line dividing Lots 11 -A and 11 260 feet; thence turn left at an interior angle of 88 degrees 27' and go 104.35 feet to the line dividing Lots 11- A and 12; thence run along said line 100 feet; thence turn left and go 52.18 feet paralle l with Midway Street; thence go 160 feet back to the point of beginning, as per Certificate of Survey of December 29, 1971 by Daniel D. Sandefur.
Municipal Address of the Property: 3109 Hudson Bv., Alexandria, LA
TO TONEY KING,
Married to and living in community with Julia King
FOR THE
CONSIDERATION OF $4,000.00 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Part of Lot 11- A of Block 4, Home Acres Subdivision (Revised), near Alex andria, Rapides Parish, Louisiana, described as follows: from the point where Midway Street intersects the line dividing Lots 11 -A and 12 of said Block 4 go along Midway Street in a westerly direction 52.18 feet to establish the point of beginning; thence continue same course 52.17 feet; thence run along the line dividing Lots 11 -A and 11 260 feet; thence turn left at an interior angle of 88 degrees 27' and go 104.35 feet to the line dividing Lots 11- A and 12; thence run along said line 100 feet; thence tur n left and go 52.18 feet parallel with Midway Street; thence go 160 feet back to the point of beginning, as per Certificate of Survey of December 29, 1971 by Daniel D. Sandefur.
Municipal Address of the Property: 3109 Hudson Bv., Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from TONEY KING, married to and living in community with Julia King to purchase said property for the c onsideration of $4,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two - thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of t he opinion that it would be in the public interest to convey the above - mentioned property to TONEY KING, married to and living in community with Julia King, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury t hat:
Section 1. Part of Lot 11- A of Block 4, Home Acres Subdivision (Revised), near Alexandria, Rapides Parish, Louisiana, described as follows: from the point where Midway Street intersects the line dividing Lots 11 - A and 12 of said Block 4 go along Mid way Street in a westerly direction 52.18 feet to establish the point of beginning; thence continue same course 52.17 feet; thence run along the line dividing Lots 11 -A and 11 260 feet; thence turn left at an interior angle of 88 degrees 27' and go 104.35 f eet to the line dividing Lots 11 -A and 12; thence run along said line 100 feet; thence turn left and go 52.18 feet parallel with Midway Street; thence go 160 feet back to the point of beginning, as per Certificate of Survey of December 29, 1971 by Daniel D . Sandefur.
Municipal Address of the Property: 3109 Hudson Bv., Alexandria, LA
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- (a) the mortgage and conveyance records of Rapides Parish,
- (b) the current telephone book,
- (c) any other examination resources, including Internet search engines, if any, the records of the Louis iana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S.47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify th ose persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the "green and white receipts" should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquir ing person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly "proces verbal"), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly "proces verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly "proces verbal") was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly "proces verbal") was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, li en, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206(A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/do nation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of d onation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipa lity.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of s ale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously wi th or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring pers on, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory i mpositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donat ion, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, o r erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsection (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to a nd indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any da mages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section. THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodor e Fountaine, seconded by Mr. Buck Lincecum, the following resolution was presented and on vote unanimously adopted:
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain piece, parcel or tract of land, together with all buildings and improvemen ts thereon and all rights, ways and privileges thereto belonging, being, lying and situated in the Parish of Rapides, State of Louisiana, and being particularly described as follows:
Lot 22 of Block D of Roy O Martin Subdivision #1, bound by Lots 21 and 23 on the sides and Lot 10 in the rear, fronting on Adams Court, as is shown on the plat thereof by Homer H. Harris Jr. dated July 1940, being that property acquired by Lyn Baker of Roy O Martin Lumber, Co, Inc on 1 April 1952, herefrom between parallel lines a distance of 184 feet to the rear.
{NOTE: Vendor Polly M. Wardlaw, born Baker, married to and living with Booker T. Wardlaw, declared that she is the only surviving sister of Lyn Baker, who died intestate at Pineville, Louisiana, on 22 January 1974, and who never had any children.}
TO LINCOLN DAVIS,
MARRIED TO AND LIVING IN COMMUNITY WITH
MAGGIE DAVIS
FOR THE
CONSIDERATION OF $1,066.67 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
A certain piece, parcel or tract of land, together with all buildings and improvements thereon and all rights, ways and privileges thereto belonging, being, lying and situated i n the Parish of Rapides, State of Louisiana, and being particularly described as follows:
Lot 22 of Block D of Roy O Martin Subdivision #1, bound by Lots 21 and 23 on the sides and Lot 10 in the rear, fronting on Adams Court, as is shown on the plat ther eof by Homer H. Harris Jr. dated July 1940, being that property acquired by Lyn Baker of Roy O Martin Lumber, Co, Inc on 1 April 1952, herefrom between parallel lines a distance of 184 feet to the rear.
{NOTE: Vendor Polly M. Wardlaw, born Baker, married to and living with Booker T. Wardlaw, declared that she is the only surviving sister of Lyn Baker, who died intestate at Pineville, Louisiana, on 22 January 1974, and who never had any children.}
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from LINCOLN DAVIS, married to and living in community with MAGGIE DAVIS, to purcha se said property for the consideration of $1,066.67 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above - mentioned property to LINCOLN DAVIS, married to and living in community with MAGGIE DAVIS, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land, together with all buildings and improvements thereon and all rights, ways and privileges thereto belonging, being, lying and situated in the Parish of Rapides, Stat e of Louisiana, and being particularly described as follows:
Lot 22 of Block D of Roy O Martin Subdivision #1, bound by Lots 21 and 23 on the sides and Lot 10 in the rear, fronting on Adams Court, as is shown on the plat thereof by Homer H. Harris Jr. dated July 1940, being that property acquired by Lyn Baker of Roy O Martin Lumber, Co, Inc on 1 April 1952 herefrom between parallel lines a distance of 184 feet to the rear.
{NOTE: Vendor Polly M. Wardlaw, born Baker, married to and living with Booker T. Wardlaw, declared that she is the only surviving sister of Lyn Baker, who died intestate at Pineville, Louisiana, on 22 January 1974, and who never had any children.}
Municipal Address of the Property: 3130 Adams Court, Alexandria, LA, Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
a.) the mortgage and conveyance records of Rapides Parish, b.) the current telephone book, c.) any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the "green and white receipts" should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bi dder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provi ded in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly "proces verbal"), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the ta x sale certificate (formerly "proces verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A.(2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly "proces verbal") was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly "proces verbal") was filed less than five years before the first publication of the notice provided for this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B.(2).
Section 6. The acquiring pers on may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. a transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. Th e recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. at any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of the Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to ret urn or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie ev idence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/ her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all intere sts, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, o r erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, term inate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section. THUS PASSED, APPROVED AND ADOPTED on this 14th day of February, 2011.
On motion by Mr. Theodore Fountaine, seconded by Mr. Buck Lincecum, to authorize the President to sign an agreement with the Depa rtment of Public Safety and Corrections/Youth Services to allow the Ninth Judicial District Court to continue to participate in the Title IV -E Federal Foster Care Reimbursement Program, CFMS No. 699569, in the maximum contract amount of $49,804.59 for the period of July 1, 2010 through June 30, 2011. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Buck Lincecum, to go into Executive Session to discuss potential litigation on Contract Bid No. 2139 Various Road Improvement s, as recommended by the Public Works Director.
A roll call vote was called and was as follows: YES NO Richard Billings Jamie Floyd Buck Lincecum Joe Bishop Theodore Fountaine Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion carried 9-0 at 3:08 p.m.
EXECUTIVE SESSION
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to return to Open Session. On vote the motion carried at 3:25 p.m.
On motion by Mr. Buck Lincecum, seconded by Mr. Jamie Floyd, that there being no further business, the meeting be declared adjourned. On vote the motion carried at 3:25 p.m
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