Public Meeting

Rapides Parish Police Jury

· 4:03 p.m. announced

Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301

Meeting documents

April 11, 2011 other

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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 Monday, April 11, 2011, at three (3:00) o'clock p.m. (Central Standard Time).

There were present: Richard Billings, President, Jamie L. Floyd, Vice President, and Police Jurors John "Buck" Lincecum, Joe Bishop, Richard Gerald Vanderlick, Oliv er "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 Director; Ms. Elaine Morace, WOD 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. Buck Lincecum.

The Pledge of Allegiance was led by Mr. Steve Coco.

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 response.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on March 14, 2011, as published in the Official Journal. On vote the motion carried.

On motion by Mr. Joe Bishop and Buck Lincecum, seconded by Mr. Scott Perry, that approved bills be paid. On vote the motion carried.

On motion by Mr. Jamie Floyd, seconded by Mr. Scott Perry, to accept the Treasurer's Report. On vote the motion carried.

Mr. Joe 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.

Mr. Ollie Overton 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.

Mr. Ollie Overton laid over the appointment to the 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, until a nomination is received from Louisiana College.

The following appointment was announced to be made at the next meeting to: Ward 5 Recreation District for a five year term to fill the expiring term of Mr. Hubert Melder, term will expire on June 1, 2011.

On motion by Mr. Buck Lincecum, seconded by Mr. Ollie Overton, to waive the thirty day announcement rule and reappoint Mr. Hubert Melder to the Ward 5 Recreation District for a five year term, term will expire on June 10, 2016. On vote the motion carried.

The following resolution was offered by Mr. Jamie L. Floyd and seconded by Mr. Joe Bishop:

RESOLUTION

A resolution providing for canvassing the returns and declaring the result of the special election held in Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, on Saturday, April 2, 2011, to authorize the continuation of a special tax therein.

BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana (the "District"), that:

SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana, (the "District"), on SATURDAY, APRIL 2, 2011 , to authorize the continuation of a special tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election. SECTION 2. Proces Verbal . A Proces Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex -Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority. SECTION 3. Promulgation of Election Result . The result of said election shall be promulgated by publication in the manner provided by law.

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 11th day of April, 2011.

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN FIRE PROTECTION DISTRICT NO. 6 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, APRIL 2, 2011.

BE IT KNOWN AND REMEMBERED that on Monday, April 11, 2011, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, April 2, 2011, with the following members present:

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.

There being absent: None;

did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:

FIRE PROTECTION DISTRICT NO. 6

TAX CONTINUATION

Summary: Authority to continue to levy a 10 year 20.02 mill property tax for acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are used to provide fire protection in Fire Protection District No. 6.

Shall Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana (the "District"), continue to levy and collect a special ad valorem tax of Twenty and Two Hundredths (20.02) mills on all the property subject to taxation in said District (an estimated $219,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2013 and ending with the year 2022, for the purpose of acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are used to provide fire protection in the District, said millage to represent a two hundredths (.02) mill increase over the 20 mills tax authorized to be levied through the year 2012 pursuant to an election held on July 21, 2001?

There was found by said count and canvass that the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:

POLLING PLACES VOTE TABULATION

PRECINCT LOCATION FOR AGAINST

N17 Esler Field Vol Fire Station, 0 0 N22 Philadelphia Baptist Church, 5 4 N23 Fire District #6 Fire Station, 74 16 N24 Buckeye High School, 715 Hwy 1207, 131 27 Deville Community N25 Buckeye High School, 715 Hwy 1207, 51 11 Deville Community N26 Philadelphia Baptist Church, 14 6 N27 Ruby Wise Elementary School, 2 0 5279 Hwy 107, Pineville (IN PART) ABSENTEE 13 8 TOTALS 290 72 MAJORITY FOR 218

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 290 votes cast IN FAVOR OF the Proposition and a total of 72 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 218 votes cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly APPROVED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, April 2, 2011. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011.

PROCLAMATION

I, the undersigned President of the Police Jury of the Parish of Rapides, State of Louisiana, the governing authority of Fire Protection District No. 6 of the Parish of Rapides, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, April 2, 2011, was APPROVED by a majority of the votes cast at the said special election, all as described and set out in the above Proces Verbal. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011. s/Richard Billings, President

The following resolution was offered by Mr. John "Buck" Lincecum and seconded by Mr. Oliver "Ollie" Overton:

RESOLUTION

A resolution providing for canvassing the returns and declaring the result of the special election held in Fire Protection District Number 8 of the Parish of Rapides, State of Louisiana, on Saturday, April 2, 2011, to authorize the continuation of a special tax therein.

BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District Number 8 of the Parish of Rapides, State of Louisiana (the "District"), that:

SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Fire Protection District Number 8 of the Parish of Rapides, State of Louisiana, (the "District"), on SATURDAY, APRIL 2, 2011 , to authorize the continuation of a special tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election. SECTION 2. Proces Verbal . A Proces Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex -Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority. SECTION 3. Promulgation of Election Result . The result of said election shall be promulgated by publication in the manner provided by law.

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 11th day of April, 2011.

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN FIRE PROTECTION DISTRICT NUMBER 8 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, APRIL 2, 2011.

BE IT KNOWN AND REMEMBERED that on Monday, April 11, 2011, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District Number 8 of the Parish of Rapides, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, April 2, 2011, with the following members present:

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.

There being absent: None;

did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:

FIRE PROTECTION DISTRICT NUMBER 8

TAX CONTINUATION

Summary: Authority to continue to levy a 10 year 44.28 mill property tax for acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are used to provide fire protection in Fire Protection District Number 8.

Shall Fire Protection District Number 8 of t he Parish of Rapides, State of Louisiana (the "District"), continue to levy and collect a special ad valorem tax of Forty-Four and Twenty-Eight Hundredths (44.28) mills on all the property subject to taxation in said District (an estimated $173,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten

  • (10) years, beginning with the year 2013 and ending with the year 2022, for the purpose of acquiring, constructing, improving, maintaining or operat ing fire protection facilities, vehicles and equipment, including both movable and immovable property, that are used to provide fire protection in the District, said millage to represent a four and twenty-eight hundredths (4.28) mill increase over the 40 m ills tax authorized to be levied through the year 2012 pursuant to an election held on November 17, 2001?

There was found by said count and canvass that the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:

POLLING PLACES VOTE TABULATION

PRECINCT LOCATION FOR AGAINST

Boyce (IN PART) S11 Fire District #5 Fire Station, 2 0 3569 Hwy 121, Gardner (IN PART)

ABSENTEE 4 1

TOTALS 49 15

MAJORITY FOR 34

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 49 votes cast IN FAVOR OF the Proposition and a total of 15 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 34 votes cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly APPROVED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, April 2, 2011. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011.

PROCLAMATION

I, the undersigned President of the Police Jury of the Parish of R apides, State of Louisiana, the governing authority of Fire Protection District Number 8 of the Parish of Rapides, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, April 2, 2011, was APPROVED by a majority of the votes cast at the said special election, all as described and set out in the above Proces Verbal. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011. s/Richard Billings, President

The following resolution was offered by Mr. John "Buck" Lincecum and seconded by Mr. Oliver "Ollie" Overton:

RESOLUTION

A resolution providing for canvassing the returns and declaring the result of the special election held in Road District No. 6A of the Parish of Rapides, State of Louisiana, on Saturday, April 2, 2011, to authorize the continuation of a special tax therein.

BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Road District No. 6A of the Parish of Rapides, State of Louisiana (the "District"), that:

SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Road District No. 6A of the Parish of Rapides, State of Louisiana, (the "District"), on SATURDAY, APRIL 2, 2011, to authorize the continuation of a special tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election. SECTION 2. Proces Verbal . A Proces Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex -Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority. SECTION 3. Promulgation of Election Result . The result of said election shall be promulgated by publication in the manner provided by law.

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 11th day of April, 2011.

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN ROAD DISTRICT NO. 6A OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, APRIL 2, 2011.

BE IT KNOWN AND REMEMBERED that on Monday, April 11, 2011, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Road District No. 6A of the Parish of Rapides, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, April 2, 2011, with the following members present:

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.

There being absent: None;

did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:

ROAD DISTRICT NO. 6A (WARD 6)

TAX CONTINUATION

Summary: Authority to continue to levy a 10 year 20.36 mill property tax for construction and maintenance of road right -of-way fencing, and construction, maintenance and drainage of roads within Road District No. 6A.

Shall Road District No. 6A of the Parish of Rapides, State of Louisiana (the "District"), continue to levy and collect a special ad valorem tax of Twenty and Thirty-Six Hundredths (20.36) mills on all the property subject to taxation in said District (an estimated $180,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2013 and ending with the year 2022, for the purpose of construction and maintenance of road right -of-way fencing, and construction, maintenance and drainage of roads within said District, said millage to represent a fifty-two hundredths (.52) mill increase over the 19.84 mills tax authorized to be levied through the year 2012 pursuant to an election held on July 21, 2001?

There was found by said count and canvass that the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:

POLLING PLACES VOTE TABULATION

PRECINCT LOCATION FOR AGAINST

S27 Volunteer Fire Station, 0 0 S28 Fire District #10 Fire Station, 18 1 10016 Hwy 112, Union Hill Community (IN PART) S29 Plainview High School, 23 16 10935 Hwy 112, Elizabeth ABSENTEE 1 0 TOTALS 42 17 MAJORITY FOR 25

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 42 votes cast IN FAVOR OF the Proposition and a total of 17 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 25 votes cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly APPROVED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, April 2, 2011. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011.

PROCLAMATION

I, the undersigned President of the Police Jury of the Parish of Rapides, State of Louisiana, the governing authority of Road District No. 6A of the Parish of Rapides, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, April 2, 2011, was APPROVED by a majority of the votes cast at the said special election, all as described and set out in the above Proces Verbal. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011. s/Richard Billings, President

The following resolution was presented by Mr. John "Buck" Lincecum and seconded by Mr. Oliver "Ollie" Overton:

RESOLUTION

A resolution providing for canvassing the returns and declaring the result of the special election held in Sales Tax District No. 3 of the Parish of Rapides, State of Louisiana, on Saturday, April 2, 2011, to authorize the renewal of a sales and use tax therein.

BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Sales Tax District No. 3 of the Parish of Rapides, State of Louisiana (the "District"), that:

SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Sales Tax District No. 3 of the Parish of Rapides, State of Louisiana, (the "District"), on SATURDAY, APRIL 2, 2011, to authorize the renewal of a sales and use tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election. SECTION 2. Proces Verbal . A Proces Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex -Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority. SECTION 3. Promulgation of Election Result . The result of said election shall be promulgated by publication in the manner provided by law.

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 11th day of April, 2011.

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN SALES TAX DISTRICT NO. 3 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, APRIL 2, 2011.

BE IT KNOWN AND REMEMBERED that on Monday, April 11, 2011, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Sales Tax District No. 3 of the Parish of Rapides, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, April 2, 2011, with the following members present:

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.

There being absent: None;

did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:

SALES TAX DISTRICT NO. 3

(1/2% SALES TAX RENEWAL)

Summary: Au thority to continue to levy, in perpetuity, 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 No. 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 be 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?

There was found by said count and canvass that the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:

POLLING PLACES VOTE TABULATION

PRECINCT LOCATION FOR AGAINST

C05 Phoenix Magnet Elementary School, 0 0 C11 Julius Patrick Elementary School, 0 0 Alexandria (IN PART) C14 N Bayou Rapides Elementary School, 7 0 C15 Rosenthal Montessori School, 0 0 C21AKMartin Park Elementary School, 0 0 C21LZMartin Park Elementary School, 0 0 C22 Louisiana State University-Alexandria, 5 8 8100 Hwy. 71 South, Alexandria (IN PART) C24 Horseshoe Elementary School, 0 2 C25 Horseshoe Elementary School, 3 2 C33 Cherokee Elementary School, 0 0 C34 Cherokee Elementary School, 4 0 C35 Alexandria Senior High School, 0 0 Alexandria (IN PART) Alexandria (IN PART) C38AK LA Special Education Center, 1 1 C38LZ LA Special Education Center, 6 5 C39 N Bayou Rapides Elementary School, 4 4 C41 Alexandria Senior High School, 2 0 C42 Cherokee Elementary School, 0 0 N03 J S Slocum Learning Center, 2 1 N04 Kees Park Community Center, 2450 Hwy 28 0 0 East, Pineville (IN PART) Tioga (IN PART) Pineville (IN PART) N08AK Lessie Moore Elementary School, 0 0 N08LZ Lessie Moore Elementary School, 0 0 N09 Kees Park Community Center, 2450 Hwy 0 0 28 East, Pineville (IN PART) N10 J I Barron Elementary School, 3655 Trinity 6 6 Church Drive, Pineville (IN PART) Pineville (IN PART) N12 J I Barron Elementary, 3655 Trinity 14 9 Church Drive, Pineville (IN PART) N13 Pineville Middle School, 501 Edgewood 4 9 Drive, Pineville (IN PART) Pineville (IN PART) Tioga (IN PART) N16 Paradise Elementary School, 5010 Monroe 2 5 Hwy., Pineville (IN PART) N17 Esler Field Vol Fire Station, 6970 Esler 14 13 Field Road, Pineville (IN PART) N18AK Ball Elementary School, 89 Livingston 21 11 Road, Ball N18LZ Ball Elementary School, 89 Livingston 20 11 Road, Ball N19AK Mary Goff Elementary School, 13 9 N19LZ Mary Goff Elementary School, 9 2 N20AK Mary Goff Elementary School, 6 13 N20LZ Mary Goff Elementary School, 10 13 N21 Volunteer Fire Station, 3710 Rigolette 12 6 Road, Pineville N22 Philadelphia Baptist Church, 9 13 N23 Fire District #6 Fire Station, 7557 Hickory 67 21 Grove Road, Holloway Community N24 Buckeye High School, 715 Hwy 1207, 115 39 Deville Community N25 Buckeye High School, 715 Hwy 1207, 47 15 Deville Community N26 Philadelphia Baptist Church, 24 14 N27 Ruby Wise Elementary School, 17 10 5279 Hwy 107, Pineville N28 Ruby Wise Elementary School, 3 0 5279 Hwy 107, Pineville N29 Ruby Wise Elementary School, 9 3 5279 Hwy 107, Pineville S01 Northwood High School, 7 1 8830 Hwy 1 North, Boyce S02 Fire District #14, Fire Station #1, 12 3 2051 Hwy 8, Flatwoods S04 Wettermark High School Library, 35 5 Boyce S06 Fire District #2 Fire Station, 12 12 S07 Oak Hill School, 7362 Hwy 112, Hineston 22 15 Boyce Clifton/Choctaw Community S10AK Oak Hill School, 7362 Hwy 112, Hineston 33 0 S10LZ Oak Hill School, 7362 Hwy 112, Hineston 36 8 S11 Fire District #5 Fire Station, 8 18 3569 Hwy 121, Gardner S13 J W McDonald Community Center, 38 12 S14 J W McDonald Community Center, 19 6 S15 Louisiana State University-Alexandria, 10 5 8100 Hwy 71 South, Alexandria S16 Poland School, 3348 Hwy 457, 15 15 Poland Community S17 Cheneyville Town Hall, 201 Derbourne 8 0 Road, Cheneyville S18 Cheneyville Town Hall, 201 Derbourne 32 3 Road, Cheneyville S19 Rapides High School, 9463 La. Hwy 71, 19 0 Lecompte Lecompte S21 Miller's Stop & Shop, 3474 Hwy 112 6 24 (Midway Comm), Forest Hill Forest Hill S23 Forest Hill Municipal Building, 138 Blue 26 12 Lake Road, Forest Hill McNary Glenmora S26 Glenmora Volunteer Fire Station, 31 4 Hineston S28 Fire District #10 Fire Station, 18 2 10016 Hwy 112, Union Hill Community S29 Plainview High School, 10935 Hwy 112, 26 15 Elizabeth ABSENTEE 128 53 TOTALS 1,255 586 MAJORITY FOR 669

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 1,255 votes cast IN FAVOR OF the Proposition and a total of 586 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 669 votes cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declar e and proclaim in open and public session that the Proposition as hereinabove set forth was duly APPROVED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, April 2, 2011. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011.

PROCLAMATION

I, the undersigned President of the Police Jury of the Parish of Rapides, State of Louisiana, the governing authority of Sales Tax District No. 3 of the Parish of Rapides, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, April 2, 2011, was APPROVED by a majority of the votes cast at the said special election, all as described and set out in the above Proces Verbal. THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of April, 2011. s/Richard Billings, President

Mr. Richard Billings deleted the agenda item to recognize Mr. Gordon Newton to discuss getting water to farmers in South Rapides Parish.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to accept the Secretary's Report. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize an advertisement in The Town Talk thanking the citizens of Rapides Parish for exercising their right to vote in the Police Jury tax renewal elections held on Saturday, April 2, 2011. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize the Treasurer to sign the restated plan document for the Rapides Parish Police Jury Nationwide 457 Savings Plan in order to incorporate recent legislative and regulatory changes. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to advertise for bids for the drug testing services, as recommended by the Treasurer. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize overtime pay for employees in the Registrar of Voters Office due to new reapportionment plans in the estimated amount of $14,550 and authorize the Treasurer to amend the budget accordingly. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following ordinance was presented, an ordinance to amend Section 4-22 Sale of Alcoholic Beverages near church, school, public library, playground, full time day care or correctional facility from sale of low alcoholic beverages prohibited within 300 feet to 500 feet and amend the computation of distances, and on vote unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTION 4-22 SALE OF ALCOHOLIC BEVERAGES NEAR CHURCH, SCHOOL, PUBLIC L IBRARY, PLAYGROUND, FULL TIME DAY CARE OR CORRECTIONAL FACILITY OF THE RAPIDES PARISH CODE OF ORDINANCES

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 11th day of April, 2011, that Chapter 4-22 of the Rapides Parish Code of Ordinances is hereby amended and reenacted as follows:

CHAPTER 4. ALCOHOLIC BEVERAGES

ARTICLE I. IN GENERAL

Sec. 4-22. Sale near church, school, public library, playground, full time day care or correctional facility.

  • (a) Prohibited. The s ale of alcoholic beverage of high alcohol content and/or low alcoholic content within five hundred (500) feet of any church, synagogue, public library, school, playground, full time day care center as defined in R.S. 17:405 (A)(4), or a correctional facili ty housing inmates, including but not limited to a halfway house outside the corporate limits of municipalities in Rapides Parish, Louisiana, is prohibited.
  • (b) Computation of distances. The distances within which the sale of alcoholic beverages of high alcoholic content and/or alcoholic beverages of low alcoholic content are prohibited shall be measured as follows:
  1. From the nearest point of the property line of the church, synagogue, public library, public playground, school, full time day care center or correctional facility housing inmates, including but not limited to a halfway house measure a direct line regardless of any obstructions to the nearest point of the premises to be licensed. For the purpose of this section, premises shall be defined as the structure wherein the alcoholic beverages are sold. If the structure is partitioned or divided into multiple places of occupancy, the measurement shall be to the nearest point of the structure and not to the nearest part of the structure within which the alcoholic beverages are sold. The premises structure includes but is not limited to a definite closed or partitioned- in locality, room, shop, building or outbuilding regardless of whether the structure is permanent, temporary or portable and if the beverages are sold or served outside the building, the term includes the "designated" outside area, "of which the measurement shall be to the closest point of the designated outside area used to serve such alcoholic beverages. It shall be the responsibil ity of the applicant to provide a detailed, scale drawing of the designated outside area which is to be used for the serving area for such alcoholic beverages, so as to facilitate an accurate measurement."
  2. Any and all expenses or costs associated with the application process or the measuring process shall be borne by the applicant.
  • (c) Violations, penalty. Any person, firm, association of persons, corporation or partnership violating the provisions of this section shall, upon conviction, be fined not more than five hundred dollars ($500) or imprisoned for not more than thirty (30) days, or both fined and imprisoned, in the discretion of the court. State law reference - State law references: Authority to prohibit sale near churches, schools, libraries, playgrounds, R.S. 26:81. 26:281 BE IT FURTHER ORDAINED that this ordinance is to be effective immediately. BE IT FURTHER ORDAINED in all other respects Chapter 4 of the Rapides Parish Code of Ordinances shall remain unchanged. BE IT FURTHER ORDAINED, 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 ordinance 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 AND SIGNED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to accept the legal opinion of Legal Counsel on the funding request from the Family Counseling Agency. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into an intergovernmental agreement with the U.S. Forest Service to hard surface a portion of Castor Plunge Road, the Parish Highway Department to furnish labor and equipment and the Forest Service to furnish materials, to be paid out of Secure Rural Schools Title II Funds, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to add seventy five feet of Samantha Drive to Parish maintenance, the road was dedicated and Mr. Butch Daigre, Parish Inspector, has a copy from the Clerk of Court Office. Samantha Drive will be overlaid from District A Funds. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to request Emergency Funds from the State of Louisiana and the Federal government to rebuild the Rigolette Road bridge that was burnt beyond repair on Saturday, March 26, 2011. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to declare an emergency exists on the Rigolette Road Bridge, destroyed by fire on Saturday, March 26, 2011, and to ratify the declaration of the President:

STATE OF EMERGENCY

RAPIDES PARISH

WHEREAS, the Parish of Rapides is presently faced with an emergency due to a fire, which completely destroyed the Rigolette Road Bridge on March 26, 2011 isolating several families.

WHEREAS, there is a very definite threat of life and property of the citizens of this community as the destruction t he Rigolette Road Bridge isolates several families, leaving a detour of ten (10) miles, on a one (1) lane gravel road atop the Red River Levee as the only access for emergency response; and

WHEREAS, the required response to reduce the effects of this impasse has far exceeded the Parish's capability;

WHEREAS, such action must be taken now;

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 and that all Emergency Preparedness plans and the Parish All Hazard Emergency Operation Plans be activated.

Issued on this 11th day of April, 2011 and effective at time of issuance. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to abandon the last 762 feet of Guice Road, leaving 1460 feet to be maintained by the Police Jury. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to ratify authorization for the President to sign the Career Pathway Innovation Fund (CPIF) SGA/DFA-PY-10-06.00 and authorize the Rapides Business and Career Solutions Center WIA Program to partnership with Rapides Foundation in the grant. The purpose of the grant is to increase the number of healthcare professionals available to work in the healthcare industry. These grant funds will be used to ensure that individuals participating in the healthcare industry. These grant funds will be used to ensure that individuals participating in the grant program have the support they need to successfully complete training, overcome barriers to employment and obtain jobs and advance along career ladders. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following proclamation was presented and on vote unanimously adopted:

PROCLAMATION

COMMUNITY DEVELOPMENT BLOCK GRANT WEEK

"25 YEARS OF SHOWCASING OF CDBG"

WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) program has operated since 1974, and the Louisiana Community Development Block Grant Program since 1982, to provide local governments with the resources required to meet the needs of low and moderate income persons; and

WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM is among the few remaining federal programs available to address the needs of low and moderate income persons; and,

WHEREAS, the LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (LCDBG) program has had a significant impact on our local economy through either job creation and retention, public infrastructure improvements and/or improved housing; and

WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has provided the Parish of Rapides with important and flexible assistance to meet the needs of its low and moderate income residents by funding water and sewer system improvements, as well as housing rehabilitation, in the Wardville area; sewer system improvements in the Lee Heights area, Kelleyland Subdivision, Air Base Road, and demonstrated needs in Rapides Mobile Home Estates; water improvements in the Latanier-Poland areas, Poland area, Bayou Clear Road area of Woodworth and Lena- Flatwoods; and economic development activities with the Willamette Valley and Union Tank Car projects; and,

WHEREAS, the Rapides Parish Police Jury and other local governments have clearly demonstrated the capacity to administer the CDBG program to identify, prioritize and resolve pressing local problems, such as housing rehabilitation and relocation, neighborhood centers, job creation and retention, and public infrastructure; and

WHEREAS, the Congress and the Nation acknowledge the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant projects that rely on its funds for support; and,

WHEREAS, the week of April 25-30, 2011, has been reserved for recognition and appreciation of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM;

NOW, THEREFORE, BE IT RESOLVED the RAPIDES PARISH POLICE JURY does hereby proclaim the week of April 25 - April 30, 2011, as

NATIONAL COMMUNITY DEVELOPMENT WEEK

within Rapides Parish and urges all citizens of this community to join us in recognizing the Louisiana Community Development Block Grant program and the important role it plays in our community. PASSED AND APPROVED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following proclamation was presented and on vote unanimously adopted:

PROCLAMATION

WHEREAS, the strength of our nation flows from the promise of individual equality and freedom of choice; and

WHEREAS, the 43rd Anniversary of the National Fair Housing Law, Title VIII of the Civil Rights Act of 1968, during the month of April, is an occasion for all Americans - individually and collectively - to rededicate themselves to the principle of freedom from housing discrimination whenever it exists; and

WHEREAS, this law guarantees for each citizen the critical, personal element of freely choosing a home; and

WHEREAS, a fair hous ing law has been passed by the State of Louisiana, and implementation of the law requires the positive commitment, involvement, and support of each of our citizens; and

WHEREAS, the department and agencies of the state of Louisiana are to provide leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and

WHEREAS, barriers that diminish the rights and limit the options of any citizen to freely choose a home will ultimately diminish the rights and limit the options of all.

NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby proclaim the month of April 2011 as

FAIR HOUSING MONTH

in Rapides Parish, Louisiana, and does hereby encourage all citizens to abide by the letter and spirit of the Fair Housing Law, and ask the citizens of Rapides Parish to join in reaffirming the obligation and commitment to fair housing opportunities for all. ADOPTED AND APPROVED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to accept the proposal of the Family Counseling Agency for the Battered Women's Shelter and authorize to make a grant application to the Louisiana Department of Children and Family Services Emergency Shelter Grants Program for 2011 Funds. On vote the motion carried.

Motion by Mr. Buck Lincecum to lay over Agenda Item No. 31 until next month.

Mr. Fountaine challenged the motion as out of order, the original motion should be on the floor first.

Motion by Mr. Buck Lincecum, seconded by Mr. Jamie Floyd, that the Police Jury place the Ten Commandments in all the courtrooms in the Rapides Parish Courthouse, to be paid with private funds if necessary.

Substitute motion by Mr. Buck Lincecum, seconded by Mr. Jamie Floyd, to lay the subject over until next month so the Police Jury can have a legal representative attending and give guidance on this matter.

Discussion ensued. A roll call vote was called on the substitute motion and was as follows: YES NO Richard Billings Joe Bishop Jamie Floyd Theodore Fountaine Buck Lincecum Richard Vanderlick Steve Coco Ollie Overton Scott Perry On roll call vote the substitute motion failed to carry 4-5.

A roll call vote was called on the original motion and was as follows: YES NO Richard Billings Joe Bishop Jamie Floyd Theodore Fountaine Buck Lincecum Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the original motion failed to carry 3-6.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following proclamation was presented and on vote unanimously adopted:

NATIONAL COUNTY GOVERNMENT MONTH

APRIL 2011 "Serving our Veterans, Armed Forces and Their Families"

WHEREAS, the nation's 3,068 counties provide a variety of essential public services to communities serving 300 million Americans; and

WHEREAS, Rapides Parish and all other counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and

WHEREAS, Rapides Parish honors and thanks our residents who have served this country through military service; and

WHEREAS, parish/county government delivers many important services to America's veterans, military service members and their families, incl uding physical and mental health, housing, employment, and justice; and

WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States; and

WHEREAS, the National Association of Counties has encouraged counties across the country to actively promote their own programs and services; and

WHEREAS, Rapides Parish and the National Association of Counties are working together to Restore the Partnership among all levels of government to better serve American communities;

NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby proclaim the month of April, 2011 as

National County Government Month

and encourages all Rapides Parish officials, employees, schools and residents to participate in county government celebration activities. THUS PASSED AND APPROVED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize the expenses of interested Police Jurors and Legal Couns el to attend the National Organization of Black County Officials 27th Annual Economic Development Conference to be held on May 11-15, 2011 in Fort Worth, TX. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to accept the resignation of Mr. John Wiggins from the Buckeye Recreation District; waive the thirty day announcement rule and appoint Ms. Elizabeth Ann Hayes to fill the vacancy in the unexpired term, term will expire on February 17, 2016. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into an Intergovernmental Agreement with the Town of Glenmora for the Parish Highway Department to provide forty hours of ditching with gradeall and forty hours of inmate labor, as requested by the Town of Glenmora, to be paid out of Road District No. 1A Funds, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into an Intergovernmental Agreement with the Town of Boyce for the Parish Highway Department to provide Crew No. 1, limb chipper and truck for five days and the use of two dump trucks for three days as requested by the Mayor of Boyce, to be paid out of Road D istrict No. 7A Funds, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for February 2011: Response Number Required Compliance Zone Responses % % Alexandria - 8 minute 410 80% 88.54% Pineville - 8 minute 143 80% 83.22% Rapides - 12 minute 148 80% 85.14% Rapides - 20 minute 123 80% 82.93% On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to accept the proposal from Kinetix Technologies for the purchase of new computers and server for Fire District No. 2 in the amount of $32,355.55 under HP State Contract No. 404160-B278164, Networking State Contract No. 204-64-120789, includes installation, configuration, firewall, wireless AP, switch installation with VPN connectivity set up and testing; also includes Gateway antivirus, antispyware, intrusion prevention, content filtering, viewpoint reporting and dynamic support, as recommended by Chief McCain. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to declare one 176 KW 3 phase generator (purchased with FEMA Grant funds for Waterworks District No. 3) as surplus property, no longer needed for public use, and authorize sale to Fire Protection District No. 2 in the amount of $20,000. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to declare Asset No. 7955 (1986 Ford F150 Pick-Up Truck) as surplus property and authorize to advertise for public bid, as recommended by the Ruby-Kolin Volunteer Fire Department Board of Directors. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into a Fire District No. 14 mutual aid agreement with Oak Hill Volunteer Fire Department, as recommended by the Flatwoods Volunteer Fire Department, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into a Fire District No. 14 mutual aid agreement with Simpson Volunteer Fire Department, Vernon Parish Fire District No. 1, Station 12, as recommended by the Flatwoods Volunteer Fire Department, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into a Fire District No. 14 mutual aid agreement with Cloutierville Volunteer Fire Department, Natchitoches Parish Fire District No. 1, as recommended by the Flatwoods Volunteer Fire Department, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to enter into a Fire District No. 14 mutual aid agreement with Boyce Volunteer Fire Department, as recommended by the Flatwoods Volunteer Fire Department, and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to declare Fire District No. 9 Asset No. 7298 (1972 GMC Tanker) as surplus property and authorize to sell by bid or public auction, as recommended by the Echo- Poland Volunteer Fire Department Board of Directors. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize the Parish Highway Department to apply two truck loads of gravel for a driveway to a new fire station being built on Fire District No. 3 property at the intersection of LA Highway 1204 and Shreveport Highway, to be paid from Fire District No. 3 Funds. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Buck Lincecum, 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. Steve Coco, seconded by Mr. Ollie Overton, to exercise the option to extend Contract Bid No. 2107 Control Hauling Pit Run (Annual Contract) with Tommy Russell Enterprises (Contractor) for an additional twelve month period at the same terms and prices as originally bid, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to ratify authorization to submit a Capital Outlay request for emergency funding of repairs to the Rigolette Road Bridge in the approximate amount of $250,000 using Parish Highway Department labor and equipment and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to refer to the Rapides Area Planning Commission for a recommendation on the request of Doug Young Nursery LLC revocation of a portion of the Roberts Road, Forest Hill. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to offer a reward through Crime Stoppers of $5,000 for information leading to the arrest and conviction of an individual(s) involved in the arson of the Rigolette Road Bridge, to be paid out of the _________ Fund. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to grant the 2% annual longevity pay increase mandated by the State for Fire Lt. Kenneth M. Brewer, effective May 9, 2011, to be paid out of Fire Protection District No. 3 Funds. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize the President to sign an affirmation of award from EPA for the Tioga Road Sewer Improvements, Amendment No. 4, Grant No. XP-96625101, which extends the contract period from January 1, 2011 to August 1, 2011. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to waive the thirty day announcement rule and reappoint Mr. Glenn Rechs to the Library Board, representing District A, for a five year term, term will expire on July 9, 2016. On vote the motion carried.

Mr. Richard Vanderlick introduced discussion on Rapides Station Industrial Park, which was approved by the Rapides Area Planning Commission on September 24, 2009 contingent upon the development being tied into the Town of Boyce's sewer system, which has not yet been done. Mr. Brian Butler, of Ballard and Associates, engineer for Rapides Station Industrial Park, asked for approval.

Discussion ensued.

On motion by Mr. Buck Lincecum, seconded by Mr. Jamie Floyd, to refer Rapides Station Industrial Park back before the Rapides Area Planning Commission for a recommendation.

Substitute motion by Mr. Richard Vanderlick to approve the subdivision as it is.

Substitute motion died for lack of a second.

On vote the motion carried. Mr. Richard Vanderlick objected.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize the President to sign an intergovernmental agreement with the Village of Forest Hill for the collection of occupational license taxes, insurance premium taxes, chain store license fees and amusement permit fees by the Sales and Use Tax Department. On vote the motion carried.

Omitted from the agenda was to recognize Mr. Donald Sanders to discuss approval for his mobile home through the Rapides Area Planning Commission.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following resolution was presented, a resolution to authorize the submission of a grant application to the Federal Highway Administration Recreational Trails Program for Louisiana in the approximate amount of $100,000 with a local match of 20% of in- kind labor for repair of the walking trails at the Cotile Recreation Area, as recommended by the Public Works Director, and authorize the President to sign same, and on vote unanimously adopted:

RESOLUTION

RESOLUTION OF THE RAPIDES PARISH POLICE JURY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE FHWA RECREATIONAL TRAILS PROGRAM FOR LOUISIANA (FRTPL), AS ESTABLISHED BY CFDA 20.219

WHEREAS, the US Federal Governm ent provides funds to the State of Louisiana for grants to state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trails; and

WHEREAS, the FHWA Recreational Trails Program for Louisiana (FRTPL) has been delegated the responsibility for the administration of the program within the State and setting up necessary procedures governing project application under the program; and

WHEREAS, said procedures require the applicant to certify by resolution the approval of the application before the submission of said application;

NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby:

  1. Approve the filing of an application with FHWA Recreational Trails Program for Louisiana (FRTPL); and
  2. Certify that the said applicant has or will have available prior to commencement of any work on the project included in this application, sufficient funds to build (including 20% local match), operate and maintain the project; and
  3. Appoint the President, as agent of the Rapides Parish Police Jury, to conduct all negotiations, execute and submit all documents, including, but not limited to application, letter of commitment agreement, amendments, payment requests and completion report, which may be necessary for the completion of the aforementioned project. APPROVED AND ADOPTED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize the transfer of an amount up to $6,500 from the General Fund to the Cotile Recreation Area Fund to install a backflow preventer to complete the sewer system improvements for additional camping sites. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following ordinance was presented, to increase camp hookup fees from $20 to $25 for full hookup capability once the sewer upgrades are completed at the Cotile Recreation Area, and on vote unanimously adopted: ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTION 19 1/2-2(A)(4) COTILE LAKE AND RECREATION AREA - FEES SO AS TO INCREASE THE CAMPING WITH ELECTRICITY FEE

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 11th day of April, 2011, that Section 19 1/2-2(a)(4) is hereby amended and reenacted to increase the camping with electricity fee as follows:

Chapter 19 1/2 Parks and Recreation Article I. In General Section 19 1/2-2 Cotile Lake and Recreation Area - Fees

  • (a) The following fees for the admission to and use of the recreation facilities of the Cotile Lake and Recreation Area are hereby adopted: ...
  • (4) Camping Fees: ... With electricity, per day .... $25.00 ...

BE IT FURTHER ORDAINED in all other respects, Section 19 1/2 -2 shall remain unchanged.

BE IT FURTHER ORDAINED that this ordina nce is to be effective when the sewer upgrades are completed at the Cotile Recreation Area. PASSED AND APPROVED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereto belonging, being, lying and situated in Rapides Parish, Louisiana and being more f ully described as Lot Fourteen (14) of Block Three (3) of the Shop Addition, as per plat of said Addition duly of record in Plat Book 7, Page 26, of the Records of Rapides Parish, Louisiana.

Municipal Address of the Property:

TO PASTOR JAMES LUCAS

AUTHORIZED AGENT OF GREATER EMMANUEL BAPTIST CHURCH

FOR THE

CONSIDERATION OF $1,866.67 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 lot of ground, together with all rights, ways and privileges thereto belonging, being, lying and situated in Rapides Parish, Louisiana and being more fully described as Lot Fourteen (14) of Block Three (3) of the Shop Addition, as per plat of said Addition duly of record in Plat Book 7, Page 26, of the Records of Rapides Parish, Louisiana.

Municipal Address of the Property:

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 JAMES LUCAS, AUTHORIZED AGENT OF GREATER EMMANUEL BAPTIST CHURCH, to purchase said pro perty for the consideration of $1,866.67 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 JAMES LUCAS AUTHORIZED AGENT OF GREATER EMMANUEL BAPTIST CHURCH, for the offered consideration.

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereto belonging, being, lying and situated in Rapides Parish, Louisiana and being more fully described as Lot Fourteen (14) of Block Three (3) of the Shop Addition, as per plat of said Addition duly of record in Plat Book 7, Page 26, of the Records of Rapides Parish, Louisiana.

Municipal Address of the Property:

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 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 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 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 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 exclus ions 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 fi le 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 im positions 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 lis ted 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 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and more particularly described as follows:

Lot G of Rapides Realty Company Subdivision, as per plat thereof recorded in Plat Book 4, Page 55 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the East Half sold by Juanita R. Emanuel to State of Louisiana and Department of Highways, as per deed dated October 11, 1957, filed and recorded December 28, 1957, Conveyance Book 521, Page 638 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the West Half sold by Joe Emanuel to State of Louisiana and Department of Highways, as per deed dated January 28, 1958, filed and recorded February 1, 1958, Conveyance Book 522, Page 419 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the SW 1/2 sold by Alma Bogues Ellis to State of Louisiana and Department of Highways, as per deed dated June 18, 1973, filed and recorded July 6, 1973, Conveyance Book 820, Page 217 of the records of Rapides Parish, Louisiana.

Municipal Address of the Property:

TO JIMMIE DERAMUS,

Married to and living in community with Peggy DeRamus FOR THE CONSIDERATION OF $983.33 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 lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and more particularly described as follows:

Lot G of Rapides Realty Company Subdivision, as per plat thereof recorded in Plat Book 4, Page 55 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the East Half sold by Juanita R. Emanuel to State of Louisiana and Department of Highways, as per deed dated October 11, 1957, filed and recorded December 28, 1957, Conveyance Book 521, Page 638 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the West Half sold by Joe Emanuel to State of Louisiana and Department of Highways, as per deed dated January 28, 1958, filed and recorded February 1, 1958, Conveyance Book 522, Page 419 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the SW 1/2 sold by Alma Bogues Ellis to State of Louisiana and Department of Highways, as per deed dated June 18, 1973, filed and recorded July 6, 1973, Conveyance Book 820, Page 217 of the records of Rapides Parish, Louisiana.

Municipal Address of the Property:

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 JIMMIE DERAMUS to purchase said property for the consideration of $983.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or twothirds (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 JIMMIE DERAMUS, for the offered consideration.

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and more particularly described as follows:

Lot G of Rapides Realty Company Subdivision, as per plat thereof recorded in Plat Book 4, Page 55 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the East Half sold by Juanita R. Emanuel to State of Louisiana and Department of Highways, as per deed dated October 11, 1957, filed and recorded December 28, 1957, Conveyance Book 521, Page 638 of the records of Rapides P arish, Louisiana.

LESS & EXCEPT: Part of the West Half sold by Joe Emanuel to State of Louisiana and Department of Highways, as per deed dated January 28, 1958, filed and recorded February 1, 1958, Conveyance Book 522, Page 419 of the records of Rapides Parish, Louisiana.

LESS & EXCEPT: Part of the SW 1/2 sold by Alma Bogues Ellis to State of Louisiana and Department of Highways, as per deed dated June 18, 1973, filed and recorded July 6, 1973, Conveyance Book 820, Page 217 of the records of Rapides Parish, Louisiana.

Municipal Address of the Property:

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 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 S ection 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 t ax 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 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 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 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 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 per son 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 11th day of April, 2011.

Chief Jerry Burns, of the Louisiana National Guard, gav e a presentation on the Youth Challenge Program and distributed informational packets.

On motion by Mr. Jamie Floyd, seconded by Mr. Ollie Overton, to go into Executive Session to discuss potential litigation on Contract Bid No. 2139 Various Road Improvements, as recommended by the Public Works Director.

A roll call vote was called and was as follows: YES NO Richard Billings Buck Lincecum Jamie Floyd Joe Bishop Theodore Fountaine Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion carried 8-1 with two-thirds vote at 4:03 p.m.

EXECUTIVE SESSION

The President called the meeting back to order at 4:22 p.m.

On motion by Mr. Buck Lincecum, seconded by Mr. Jamie Floyd, to pay the Contractor for the roads approved and hold further payment until the other roads are completed, the proper documents to be drawn up by the Public Works Director, Treasurer and Legal Counsel, contingent upon execution of a release. On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following resolution was presented, to adopt a Citizen Participation Plan for a public facilities grant to be submitted under the Louisiana Community Development Block Grant 2012-2013 Regular Program, and on vote unanimously adopted:

CITIZEN PARTICIPATION PLAN

RESOLUTION

BY

WHEREAS, the Rapides Parish Police Jury has been afforded the opportunity to apply and participate in the State of Louisiana 2012/2013 Community Development Block Grant Program administered by the Division of Administration; and,

WHEREAS, the State requires Grantees to establish procedures to ensure adequate citizen participation with the program;

NOW THEREFORE BE IT RESOLVED, by the Rapide s Parish Police Jury, that the attached policy entitled "Citizen Participation Plan", dated April 11, 2011 is hereby adopted. Passed, approved and adopted by the Rapides Parish Police Jury, Parish of Rapides, State of Louisiana, on the 11th day of APRIL, 2011.

CITIZEN PARTICIPATION PLAN

The Rapides Parish Police Jury has adopted the following Citizen Participation Plan to meet the citizen participation requirements of Section 508 of the Housing and Community Development Act of 1974, as amended. The Rapides Parish Police Jury is committed through adoption of this plan to full and total involvement of all residents of the community in the composition, implementation and assessment of its Louisiana Community Development Block Grant (LCDBG) Program. Attempts will be made to reach all citizens, with particular emphasis on participation by persons of low and moderate income, residents of slum and blighted areas and of areas in which funds are proposed to be used. A copy of this plan will be made available to the public upon request.

As part of the citizen participation requirements and to maximize citizen interaction, the Rapides Parish Police Jury shall:

  1. Provide citizens with reasonable and timely access to local meetings, information and records relating to the State's proposed method of distribution, as required by the Parish Secretary, and relating to the actual use of funds under Title I of the Housing and Community Development Act of 1974, as amended;
  2. Provide for public hearings to obtain views and respond to proposals and questions at all stages of the community development program. These hearings will consist of the development of needs and proposed activities and review of program performance. These hearings will be held after adequate notice, a minimum of five calendar days, at times and locations convenient to potential or actual beneficiaries with accommodations for persons with disabilities;
  3. Provide for and encourage citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used;
  4. Provide for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals;
  5. Where applicable, identify how the needs of non-English speaking residents will be met in the case of public hearings; and
  6. Provide for a formal written procedure which will accommodate a timely writ ten response, within fifteen days where practicable, to written complaints and grievances.

Written minutes of the hearings and an attendance roster will be maintained by the Rapides Parish Police Jury.

PUBLIC HEARINGS

Notices informing citizens of any public hearings will appear in the official journal of the Rapides Parish Police Jury a minimum of five calendar days prior to the hearing. In addition, notices will also be posted at the Rapides Parish Courthouse and the hearing will be publicized through local community organizations, i.e., churches, clubs, etc., and/or dissemination of leaflets in the target area. Hearings will be held at times and locations convenient to potential or actual beneficiaries with accommodations for individuals with disabilities and non- English speaking persons. Whenever possible these hearings will be held within or near the target areas, at times affording participation by the most affected residents.

  • I. APPLICATION:

First Notice/Public Hearing

  1. The public hearing to address LCDBG application submittal will be held approximately five (5) calendar days prior to the deadline for submission of the application for the current funding cycle. The Citizen Participation Plan will be available at the hearing. The public notice for this hearing will state that the following will be discussed:
  • a) The amount of funds available for proposed community development;
  • b) The range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income;
  • c) The plans of the Rapides Parish Police Jury for minimizing displacement of persons as a result of activities assisted with such funds and the benefits to be provided by the Rapides Parish Police Jury to persons actually displaced as a result of such activities; and
  • d) The Rapides Parish Police Jury prior performance of LCDBG programs funded by the State of Louisiana. In addition, the notice shall state that all citizens, p articularly low and moderate income residents of slum and blighted areas, are encouraged to submit their views and proposals regarding community development and housing needs. Those citizens unable to attend this hearing may submit their views and proposals to:

Mr. Richard Billings, President P.O. Box 1150

The notice will also state that accommodations will be made for disabled and non- English speaking individuals provided a three day notice is received by the Rapides Parish Police Jury.

Second Notice

  1. Seven calendar days, at a minimum, prior to the deadline for submittal of the application, a second notice shall appear in the official journal informing the citizens of the following:
  • a) Proposed submittal date of the application;
  • b) Proposed objectives;
  • c) Proposed activities;
  • d) Location of proposed activities;
  • e) Dollar amount of proposed activities; and
  • f) Location and hours available for application review.

In addition, the notice shall state "all citizens, particularly those affected by the proposed project, are encouraged to review the proposed application and submit any written comments on the application to:

Mr. Richard Billings, President P.O. Box 1150

Negative comments received will be forwarded immediately to the State Division of Administration or the application will be withdrawn if necessary.

II. AMENDMENTS

Program amendments, which substantially alter the LCDBG project from that approved in the original application, shall not be submitted to the State without holding one public hearing in accordance with the procedures outlined within this Citizen Participation Plan. Minutes of the hearing will be submi tted with the request for the amendment. All interested citizens, particularly the low and moderate income, elderly, handicapped, and residents of the project area, shall be made aware and have the opportunity to comment on proposed amendments and/or submit alternative measures.

III. GRANTEE PERFORMANCE

The Rapides Parish Police Jury will hold one performance hearing to solicit the public's opinion of the effectiveness of the LCDBG Program. The manner of notification will be the same as previously descri bed for all public hearings. Notification will be made in the official journal approximately five calendar days prior to the anticipated submittal of closeout documents to the State, and will indicate the date, time, and place of the performance hearing, and invite comments and opinions on the LCDBG activities implemented under the Rapides Parish Police Jury's LCDBG Program being closed out. The notice will also state that accommodations will be made for disabled and non-English speaking persons provided a five day notice is received by the Rapides Parish Police Jury.

This notice shall invite all interested parties, particularly those low to moderate income residents in the target area to attend.

The hearing will be held no sooner than five calendar days from the publication date of said notice.

CONSIDERATION OF OBJECTION TO APPLICATION

Persons wishing to object to approval of an application by the State may make such objection known to:

Office of Community Development Division of Administration Post Office Box 94095

The State will consider objections made only on the following grounds:

  1. The application description of needs and objectives is plainly inconsistent with available facts and data;
  2. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant; and
  3. The application does not comply with the requirements set forth in the Final Statement or other applicable laws.

Such objections should include both an identification of the requirements not met and, in the case of objections relative to (1) above, the complainant must supply the data upon which he/she relied upon to support his/her objection.

BILINGUAL

Whenever a significant number of persons and/or residents of blighted neighborhoods communicate with a primary language other than English attend public hearings, the Rapides Parish Police Jury will provide an interpreter for dissemination of information to them providing the Rapides Parish Police Jury is given sufficient notification of five day(s).

TECHNICAL ASSISTANCE

Technical assistance may be provided directly by the Rapides Parish Police Jury to any citizen, particularly to low and moderate income persons, residents of blighted neighborhoods and minorities, who request assistance in the development of proposals and statement of views concerning the LCDBG Program. The local officials, administrator and engineer will conduct informational meetings with the residents of the low to moderate income areas if a written request is received by the Rapides Parish Police Jury with at least one week notification. The persons who conduct the technical assistance meetings will disseminate information on the program and answer all pertinent questions.

TIMELY ACCESS AND ADEQUATE INFORMATION

The Rapides Parish Police Jury shall provide timely disclosure of records, information and documents related to the LCDBG program activ ities. Documents will be made available for copying upon request at the President's Office, Monday thru Friday, 8:30 a.m. to 4:00 p.m. Such documents may include the following:

  1. All meetings and promotional materials.
  2. Records of hearings and meetings.
  3. All key documents, including prior applications, letters, grant agreements, citizen participation plans and proposed applications.
  4. Copies of the regulations (final statements) concerning the program.
  5. Documents regarding other important requirements, such as Procurement Procedures, Fair Housing, Equal Employment Opportunity, Uniform Act, Labor Provisions and Environmental Procedures.

CITIZEN COMPLAINT PROCEDURE

SECTION 1

It is the policy of the Rapides Parish Police Jury to review all complaints received by the Rapides Parish Police Jury.

SECTION 2

The following procedures will be followed on all complaints received by the Rapides Parish Police Jury:

  1. The complainant shall notify the Parish Secretary of the complaint. The initial complaint may be expressed orally or by written correspondence.
  2. The Parish Secretary will notify the President or designated representative of the complaint within five working days.
  3. The President or designated representative will investigate the complaint and will report the findings to the Parish Secretary within five working days.
  4. The Parish Secretary will notify the complainant of the findings of the President or designated representative in writing or by telephone within five working days.
  5. If the complainant is aggrieved by the decision, he must forward the complaint in writing (if previously submitted orally) to the Parish Secretary who will forward the complaint and all actions taken by the President or designated representative to the appropriate police jury committee for their review. This will be accomplished within five working days of receipt of the written complaint.
  6. The reviewing committee will have five working days to review the complaint and forward their decision to the complainant in writing.
  7. If the complainant is aggrieved with the decision of the Committee, he must notify the Parish Secretary in writing that he desires to be afforded a hearing by the Rapides Parish Police Jury. The complainant will be placed on the next regularly scheduled Police Jury meeting agenda. The Parish Secretary will notify the complainant in writing of the date of the hearing.
  8. The complainant must bring all relevant data, witnesses, etc., to the hearing. The Rapides Parish Police Jury, at the hearing, will review the complaint and forward within five days a certified copy of the minutes of the meeting at which the hearing was conducted and a decision was rendered to the complainant. If a decision is not reached at the hearing, the Rapides Parish Police Jury will inform complainant of an appropriate date to expect a response. Within five working days of reaching a decision, the complainant will be notified in writing of the decision.

Complaints concerning the general administration of the LCDBG Program may be submitted in writing directly to the:

Division of Administration Office of Community Development Post Office Box 94095

SECTION 3

All citizen complaints relative to Fair Housing/Equal Opportunity violations alleging discrimination shall be forwarded for disposition to the:

Louisiana Department of Justice Public Protection Division Post Office Box 94095

The complainant will be notified in writing within 10 days that, due to the nature of the complaint, it has been forwarded to the Louisiana Department of Justice.

or

Complainant may contact the Louisiana Department of Justice Division directly at the Toll Free

SECTION 4

The Parish Secretary will maintain a file for the purpose of keeping reports of complaints.

SECTION 5

This policy does not invalidate nor supersede the personnel or other policies of the Rapides Parish Police Jury which are currently adopted, but is intended to serve as a guide for complaints.

SECTION 6

This policy may be amended by a majority vote at any of the Rapides Parish Police Jury's regularly scheduled meetings.

ADOPTION

This Citizen Participation Plan is hereby adopted by Rapides Parish Police Jury in regular session on this eleventh (11th) day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following resolution was presented, to adopt a Procurement P rocedures Policy for a public facilities grant to be submitted under the Louisiana Community Development Block Grant 2012- 2013 Regular Program, and on vote unanimously adopted:

PROCUREMENT POLICY

RESOLUTION

BY

WHEREAS, the Rap ides Parish Police Jury has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant (CDBG) FY 2012-2013 Regular Program administered by the Division of Administration; and,

WHEREAS, the State requires the establishment of uniform procedures in compliance with OMB Circular A-102:

NOW, THEREFORE, BE IT RESOLVED by the Rapides Parish Police Jury that the attached policy entitled "Procurement Procedures of the Rapides Parish Police Jury Relative to the CDBG Program" is hereby adopted:

PROCUREMENT PROCEDURES

RELATIVE TO THE LCDBG PROGRAM

These procedures are intended to serve as guidelines for the procurement of supplies, equipment, construction services and professional services for the LCDBG Program. These guidelines meet the standards established in OMB Circular A -102, Attachment O and State requirements.

CODE OF CONDUCT

No employee, officer or agent of the Rapides Parish Police Jury shall participate in the selection or in the award or administration of a contract supported by LCDBG funds if a conflict of interest, real or apparent, would be involved. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for award.

No officer, employee or agent of the Rapides Parish Police Jury shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to subagreements, except where financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.

Any alleged violations of these standards of conduct shall be referred to the Rapides Parish District Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary act ion, including, but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution.

PROCUREMENT PROCEDURES

The director or supervisor of each department or agency of the Rapides Parish Police Jury responsible for procurement of services, supplies, equipment or construction obtained with LCDBG funds shall review all proposed procurement actions to avoid the purchase of unnecessary or duplicative items. Such reviews shall consider consolidation or breaking out to obtain a more economical purchase. When determined appropriate by the Director or Supervisor, an analysis to determine which approach would be the most economical shall be undertaken.

The Rapides Parish Police Jury shall take affirmative steps to assure that small and minority firms and women-owned business enterprises are solicited whenever they are potential qualified sources. The Rapides Parish Police Jury shall also consider the feasibility of dividing total requirements into small tasks or quantities so as to permit maximum participation by small and minority firms and women's business enterprises. Where permitted by regulations, delivery schedules will be developed which will include participation by such businesses.

The Rapides Parish Police Jury shall assist the prime contractor whenever possible by providing copies of lists which identify qualified small and minority firms, women's business enterprises and labor surplus area firms.

SELECTION PROCEDURES

All procurements carried out with LCDBG funds, where the Rapides Parish Police Jury is a direct party, shall be carried out in a manner that provides maximum free and open competition. Procurement procedures will not restrict or eliminate competition. The Rapides Parish Police Jury shall not place unreasonable requirements on firms in order for them to qualify to do business. Nor will the Rapides Parish Police Jury encourage or par ticipate in noncompetitive practices among firms. The Rapides Parish Police Jury is alert to organizational conflicts which would jeopardize the negotiation process and limit competition. The Rapides Parish Police Jury will not require unnecessary experience or bonding requirements.

Pursuant to State law, all solicitations of offers shall incorporate a clear accurate description of the technical requirements for the material, service or product to be procured. In competitive procurements, these descri ptions shall not contain features which unduly limit competition. The description may include a statement of the qualitative nature of the material, product or service and the minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications shall be avoided whenever possible. A "brand name or equal" description may be used to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offerers shall be clearly stated.

All solicitations of offers shall clearly set forth all requirements which offerers must fulfill and all other factors to be used in evaluating bids, proposals or statements of qualifications.

Contracts shall be awarded only to responsible contractors/firms that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement.

Consideration shall be given to such factors as the contractor's/firm's capacity, integrity, compliance with public policy, record of past performance and financial and technical resources.

METHODS OF PROCUREMENT

Direct procurement by the Rapides Parish Police Jury shall be made by using one of the following methods depending on the type of service to be provided.

Small Purchase Procedures. Relatively simple, informal procurement procedures will be used where the purchase of materials, supplies, equipment and/or other property will not cost in the aggregate more than $15,000 and for construction with a cost of less than $100,000, except where further limited by State Law or LCDBG policy. The small purchase procedure can also be utilized to procure administrative consulting and other professional services costing less than $100,000; the only exception to professional services is for architectural/engineering services which must be procured through competitive negotiation. The procurement officer must obtain a minimum of three oral or written price or rate quotations from qualified sources. Documentation on all quotations received (whether written or oral) shall be made a part of the file.

Competitive Sealed Bids/Formal Advertising. Under this procedure bids are publicly advertised in accordance with the State's Bid Law. A firm fixed price contract (either lump sum or unit price) shall be awarded to the responsible bidder whose bid is lowest in price and which conforms to all the material terms and conditions of the Advertisement for Bids.

Competitive sealed bids can be used ONLY when the following criteria area are met: 1) there are complete, adequate, realistic specifications or purchase descriptions; 2) there are two or more responsible bidders who are willing and able to compete effectively; 3) the procurement can be made on a firm fixed- price contract and selection of the successful bidder can appropriately be made principally on the basis of price.

When formal advertising is used the following conditions shall be met:

  1. The Advertisement for Bid shall be publicly advertised in accordance with State Law.
  2. The Advertisement for Bids, including the specifications and pertinent attachments, shall clearly define the items or services needed in order for the bidders to properly respond to the Advertisement.
  3. All bids shall be opened publicly at the time and place specified in the Advertisement for Bids.
  4. A firm fixed-price contract award shall be made by written notice to the lowest responsible bidder whose bid conforms to the Advertisement for Bids. Where specified in the bid documents, factors such as discounts, transportation costs, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts shall only be used to determine low bid when prior experience indicates that such discounts are generally taken.
  5. Not withstanding the above, any or all bids may be rejected when there are sound documented business reasons in the best interest of the LCDBG Program.

Competitive Negotiation; Requests for Proposals/Qualification Statements. The method may be used when formal advertising is not appropriate. Architectural and engineering services must be procured via requests for qualification statements; administrative consulting services must be procured via requests for proposals. Other professional services may also be procured by requests for proposals. The following procedures will be used for competitive negotiations:

  1. Request for proposals or qualification statements must be advertised in a newspaper in the nearest metropolitan area in accordance with the rules of the State's LCDBG Program. All submittals will be honored and entered into the competition.
  2. The package for proposals or qualification statements shall identify all significant evaluation factors or selection criteria, including the corresponding point system which will be used to rate the proposals/qualification statements.
  3. The selecting official (or committee, if one is designated) shall review all Proposals and Statements received and make a technical evaluation of each. This shall also include a written statement that identifies the basis upon which the selection was made.
  4. Contract award will be made to the responsible offerer whose submission is deemed most appropriate to the Rapides Parish Police Jury with consideration for price, qualifications and other factors set by the local governing body. Unsuccessful offerers shall be notified in writing within ten (10) working days of contract award. Documentation of notification shall be maintained in the contract selection file for the individual project.
  5. Following the review of the qualification statements received, the most qualified competitor will be selected to enter into contract negotiation. This shall always include negotiation of price to ensure cost reasonableness. At the conclusion of successful negotiation, the competitor shall be invited to enter into a contract.

Noncompetitive Negotiation/Sole Source. Noncompetitive negotiation shall be used when small purchase, formal advertising, or competitive negotiation procedures are not feasible. Noncompetitive negotiations will involve solicitations of a proposal from only one source. This can also occur if solicitations under the competitive negotiation procedures res ult in only one proposal or qualification statement. Noncompetitive negotiation shall only be used when written authorization has been obtained from the State's Office of Community Development, with the one exception noted. In order to qualify for this ty pe of procurement, one of the following circumstances must apply:

  1. The item or service is available only from a single source.
  2. It is determined that a public urgency or emergency exists and the urgency will not permit the delay beyond the time needed to employ one of the other three (3) methods of procurement.
  3. After solicitation of a number of sources, competition is determined to be inadequate.

The one exception to this method is that the noncompetitive negotiation method may be used, without written authorization from the State when an areawide planning agency or regional planning and development district is utilized for administrative consulting services.

CONTRACT PRICING

Cost plus percentage of cost and percentage of construction cost methods of contracting MUST NOT be used. The Rapides Parish Police Jury shall perform cost or pricing analysis in connection with EVERY procurement action including contract modifications. Costs or prices based on estimated costs for LCDBG projects shall be allowed only to the extent that the costs incurred or the cost estimates included in negotiated prices are consistent with federal cost principals. Cost reimbursement, fixed price, per diem contracts, or a combination thereof may be utilized as appropriate.

A cost reimbursement type contract is most appropriate when the scope and extent of the work to be performed are not clearly defined. A cost reimbursement contract MUST clearly establish a cost ceiling which may not be exceeded without formally amending the contract, and must identify a fixed dollar profit which may not be increased unless there is a contract amendment which increases the scope of work.

A fixed price contract is appropriate when the scope of work is very well defined and product oriented. A fixed price contract MUST establish a guaranteed price which may not increase unless there is a contract amendment that increases the scope of the work.

A per diem contract expected to exceed $10,000 will not be considered unless the Rapides Parish Police Jury has determined that a cost reimbursable or fixed price contract is not appropriate. Cost and profit included in the per diem rate MUST be specifically negotiated and shown separately in the proposal. The contact must clearly establish a ceiling price which may not be exceeded without formally amending the contract.

The Rapides Parish Police Jury may use a multiplier type of compensation under either the cost reimbursement or fixed price contract. The multiplier and the portions of the multiplier applicable to overhead and profit must be specifically negotiated and separately identified in the contract.

PROCUREMENT RECORDS

The Rapides Parish Police Jury shall maintain records sufficient to detail the history of the procurement. The records shall include the following contract provisions and conditions:

  1. Contracts other than small purchase shall contain provisions which allow for administrative, contractual or legal remedies if contractors violate or breach contract terms, and provide for sanctions and penalties as appropriate.
  2. All contracts in excess of $10,000 shall provide for termination for cause and for convenience by the Rapides Parish Police Jury including the manner in which it will be done and the basis for settlement.
  3. All construction contracts and subcontracts in excess of $10,000 shall include provisions which require compliance with Executive Order 11246, Equal Opportunity, as amended by Executive Order 11375, and as supplemented in DOL regulations (41 CFR Part 60).
  4. All contracts and subcontracts for construction repair shall include a provision for compliance with the Copeland "Anti -Kick-Back" Act (18 USC 874) as supplemented by DOL regulations (29 CFR Part 3).
  5. All contracts or subcontracts in excess of $2,000 for construction or repair shall include a provision for compliance with the Davis -Bacon Act (40 USC 276a to a- 7) as supplemented by DOL regulations (29 CFR Part 5).
  6. All construction or repair contracts or subcontracts in excess of $2,000, and in excess of $2,500 for other contracts, which involve the employment of mechanics or laborers, shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by DOL regulations (29 CFR Part 5).
  7. Each contract shall include a notice of State requirements and regulations pertaining to reporting and patent rights under any contract involving respect to any discovery or invention which arises or is developed in the course of or under such contract, and of the State requirements pertaining to copyrights and rights in data.
  8. All negotiated contracts shall include a provision that makes it possible for the State, HUD, the Comptroller General of the United Stat es, or any of their duly authorized representatives, to have access to any books, documents, papers or records of the contractor/firm which are directly pertinent to the contract, for the purpose of making audit examination excerpts and transcriptions. Further, the contract must include a provision that all required records will be maintained by the contractor/firm for a period of four years after the Rapides Parish Police Jury formally closes out each LCDBG program.
  9. All contracts, subcontracts and subgrants in amounts in excess of $100,000 shall contain a provision which requires compliance with the requirements of Section 306 of the Clean Air Act (42 USC 1857h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
  10. Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
  11. The Rapides Parish Police Jury will be permitted to require changes, remedies, changed conditions, access and record retention, and suspension of work clauses approved by the State.
  12. Retention of all required records f or three years after grantees or sub-grantees make final payments and all other pending matters are closed.
  13. Section 3 of the Housing and Community Development Act of 1968, as amendedthe provision of training, employment and business opportunities clauses.

CONTRACT ADMINISTRATION

The Rapides Parish Police Jury shall maintain contract administration systems which ensure that contractors/firms perform in accordance with the terms, conditions and specifications of their contracts or purchase orders. The accepted performance of contractors/firms will be a factor in subsequent contract negotiations and award. Remedial action by the Rapides Parish Police Jury through legal processes shall be considered in instances of identified significant nonperformance. THUS PASSED AND APPROVED on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following resolution was presented, a resolution appointing the FY 2012-2013 LCDBG Program Professional Services Selection Committee, and on vote unanimously adopted:

FY 2012-2013 LCDBG SELECTION CRITERIA ADMINISTRATIVE CONSULTANTS AND ENGINEERS RESOLUTION

WHEREAS, the Rapides Parish Police Jury has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant (LCDBG) Program FY 2012-2013 administered by the Division of Administration; and, WHEREAS, it is necessary under the program regulations to authorize certain procurement actions for engineers and admini strative consultants where LCDBG Funds are utilized for such professional services and individuals to perform certain designated functions by the State; NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury as legal recipient of the LCDBG Funds does hereby authorize the following actions:

SECTION I

WHEREAS, the projects to be applied for under the LCDBG 2012-2013 Program will require administrative consultants and engineers; and, WHEREAS, the Program requires that a procurement process be established by the Police Jury; and, WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Parish the professional firms most qualified to perform the duties as required. NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury, as legal recipient of the FY 2012-2013 LCDBG Program Funds, does hereby appoint the following persons as the FY 2012-2013 LCDBG Program Professional Services Selection Committee to review and rank Administrative Consulting Firms and Engineering Firms in conformance with the following selection criteria: the Police Jury President, Treasurer, Public Works Director, Police Juror(s) of the District in which the CDBG Projects are located and t he Grants Committee Chairman.

SECTION II

ADMINISTRATIVE CONSULTING SERVICES

WHEREAS, the project to be applied for under the FY 2012-2013 LCDBG Program will require the procurement of an administrative consulting services for projects in the Rapides Parish Police Jury in conformance with the following selection criteria when LCDBG Funds are utilized for such services; and, WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Rapides Parish Police Jury the professional firm most qualified to perform the duties as required in conformance with the following selection criteria:

ADMINISTRATIVE CONSULTANTS SELECTION CRITERIA

All responses to the proposal will be evaluated according to the following criteria and corresponding point system. The proposal will be evaluated on the basis of written materials. Sufficient information must be included in the proposal to assure that the correct number of points is assigned. Incomplete or incorrect information may result in a lower evaluation.

  • a. Selection Criteria:
  • (1) Proposal Costs 15 Pts.

Required Price Consideration

The lowest priced proposal will receive the maximum points for price. Other, mor e expensive proposals will receive reduced amounts of points awarded for price based on the following formula with rounding to the nearest tenth.

Lowest Proposal x Total Possible Pts. = Pts. allocated to More expensive proposal expensive proposal

Statement of Cost - When combined with the proposed cost, the following evaluation factors will be significantly more important than cost:

SECTION B: Non Cost Evaluation

Non-Cost Evaluation Factors

Below are six non-cost evaluation factors for using in a rating system. The total points are the maximum numerical points allowable under each factor. Under each factor are sub factors with maximum points assigned. Proposers are to be graded within each sub factor from 0 to the maximum point and then totaled for each factor.

  1. Personnel qualifications 15 Pts.
    • Consideration can be given to a combination of education attainment and years of CDBG experience of proposer's staff.10 Pts.
    • Consideration can be given to particular types of experience relevant to the proposal. 5 Pts.
  1. Management capability 10 pts
    • Consideration can be given to employees' depth of skills of proposer. 2 Pts.
    • Consideration can be given to the number of employees proposers will devote to this proposal. 2 Pts.
    • Consideration can be given to the length of time proposers have been in business. 2 Pts.
    • Consideration can be given to diversity of experience proposers have in conducting federal grant programs. 2 Pts.
    • Consideration can be given to financial capacity of the firm to undertake the contract. 2 Pts.
  1. Prior Experience 20 Pts.
    • Consideration can be given to the number and types of local government proposers have worked with in the past. 10 Pts.
    • Consideration can be given to the number of CDBG projects proposers have completed relevant to the proposal. 5 Pts.
    • Consideration can be given to the diversity of types of programs (housing, public facilities, economic development) proposer has conducted in the past. 2 Pts.
  1. Technical excellence 15 Pts.
    • Consideration can be given to the proposer's knowledge of the CDBG program. 5 Pts.
    • Consideration can be given to the proposer's staff expertise in particular CDBG program areas (acquisition, housing rehabilitation, financial management, etc.) 5 Pts.
    • Consideration can be given to the proposer's unique contributions or processes developed in the conduct of previous CDBG programs. 5 Pts.
  1. Past performance 20 Pts.
    • Consideration can be given to the number and quality of proposer's references attesting to the quality of work with previous CDBG grants.

Greater than 50 CDBG Projects 20 Pts. 25-49 CDBG Projects 10 Pts. 0-24 CDBG Projects 5 Pts.

The Rapides Parish Police Jury shall authorize proposers, if requested, to identify past or current contracts that are similar in nature to the proposal and to provide information on problems encountered on the identified contracts and the proposer corrective actions. In the case of proposer(s) without a record of relevant past performance or for whom information on past performance is not available, the proposer may not be evaluated favorably or unfavorably on past performance.

  1. Compliance with solicitation requirements 5 Pts.
    • Consideration can be given to the proposer's understanding of the scope of the work to be performed. 3 Pts.
    • Consideration can be given to the proposer's completeness in its submission to the RFP. 2 Pts.

The selection of the finalists to be interviewed, if any is required, will be based on an evaluation of the written responses. The award will be made to the most qualified offerer whose qualification statement is deemed most advantageous to the community, all factors considered. Unsuccessful offerers will be notified as soon as possible.

TOTAL POINTS. FOR REQUIRED AND OPTIONAL CONSIDERATION 100 Pts.

BE IT RESOLVED by the Rapides Parish Police Jury that the selection criteria is hereby designated as the criteria whereby all administrative consulting proposals will be evaluated when LCDBG Funds are utilized for such services;

BE IT FURTHER RESOLVED that the selection of those services will be advertised one time in the Official Journal and the selection be scheduled for June 13, 2011.

SECTION 3

ENGINEERING SERVICES

WHEREAS, the project to be applied for under the FY 2012-2013 LCDBG Program will require the procurement of an engineering services for projects in the Rapides Parish Police Jury through a Request for Qualification Statements process based upon the following engineering selection criteria when LCDBG funds are utilized for such services; and,

WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Rapides Parish Police Jury the professional firm most qualified to perform the duties as required in conformance with the following engineering selection criteria; and,

ENGINEERING SERVICES SELECTION CRITERIA

Respondents will be evaluated on the basis of written materials submitted in the qualification statements and according to the following criteria: TOTAL MAXIMUM POINTS 100

  1. Experience of the firm with similar project(s). Total Possible Points 25 Pts.

1). 25 Projects 25 Pts. 2). 15-24 Projects 20 Pts. 3). Less than 15 Projects 5 Pts.

  1. Experience of the firm with other types of CDBG projects within the last 10 years. Total Possible Points 25 Pts.

1). 25 projects 25 Pts. 2). 15-24 Projects 15 Pts. 3). Less than 15 Projects 5 Pts.

  1. Current capacity to perform work. Total Possible Points 25 Pts.

1). Adequate staff to perform work 10 Pts. 2). Application deadline can be met and plans and specs be completed within 6 months, if application is funded 5 Pts.

  1. Reference from other clients attesting to firms: Total Possible Points 25 Pts.
  • a. Quality of work 6-10 Satisfactory References 15 Pts. 2-5 Satisfactory References 10 Pts. Less than 2 Satisfactory References 5 Pts. No References 0 Pts.
  • b. Compliance with performance schedules 6-10 Satisfactory References 10 Pts. 2-5 Satisfactory References 7 Pts. Less than 2 Satisfactory References 5 Pts. No References 0 Pts.

In the event of a tie, oral interviews will be held with those firms. As a result of the interviews, the Rapides Parish Police Jury will determine which firm will be selected to enter into contract negotiations. Unsuccessful firms will be notified as soon as possible.

BE IT RESOLVED by the Rapides Parish Police Jury that the selection criteria is hereby designated as the criteria whereby all engineering qualifications will be evaluated where LCDBG Funds are utilized for such services;

BE IT ALSO FURTHER RESOLVED THAT THE SELECTION of those services will be advertised one time in the Official Journal and that the selection be scheduled for June 13, 2011. PASSED AND ADOPTED by the Rapides Parish Police Jury, State of Louisiana, on this 11th day of April, 2011.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, to authorize to advertise for bids for a contractor to cut down and remove twelve trees on Wonder Lane that have died, to be paid out of Road District No. 10A Funds (District C). On vote the motion carried.

On motion by Mr. Steve Coco, seconded by Mr. Ollie Overton, the following ordinance was presented levying the 1/2% sales tax in Sales Tax District No. 3, effective June 1, 2012, as approved by the voters on April 2, 2011, and on vote unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 23 -22 THROUGH 23-22.3 SALES TAX DISTRICT NO. 3 SALES AND USE TAX UNDER THE RAPIDES PARISH CODE OF ORDINANCES SO AS TO CONTINUE THE LEVY FOR THE SALES TAX DISTRICT NO. 3 PROPOSITION AS APPROVED BY THE VOTERS ON APRIL 2, 2011, AND TO PROVIDE FOR RELATED MATTERS.

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 11th day of April, 2011, that Sections 23-22 through 23-22.3 of the Rapides Parish Code of Ordinances is hereby amended and reenacted as follows:

Chapter 23. Taxation and Licenses

Article III. Sales and Use Tax

Part A. Propositions

Section 23-22. Sales Tax District No. 3 sales and use tax - Proposition.

Shall Sales Tax District No. 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 or 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 be 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?

Section 23.22.1. Same-Imposition of tax rate; levy.

There is hereby levied from and after June 1, 2012, fo r the purposes stated in the proposition set forth in the resolution adopted on December 13, 2010, and approved by the voters on April 2, 2011, a tax upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services within Sales Tax District No. 3, as defined herein, and the levy of such tax shall be as follows:

  • (a) At the rate of one-half (1/2) of one (1%) per cent of the sales price of each item or article of tangible personal property when sold at retail in Sales Tax District No. 3; the tax to be computed on gross sales for the purpose of remitting the amount of tax due the taxing authority, and to include each and every retail sale.
  • (b) At the rate of one-half (1/2) of one (1%) per cent of the cost price of each item or article of tangible personal property when the same is not sold, but is used, consumed, distributed, or stored for use or consumption in Sales Tax District No. 3; provided there shall no duplication of the tax.
  • (c) At the rate of one-half (1/2) of one (1%) per cent of the gross proceeds derived from the lease or rental of tangible personal property, as defined herein, where the lease or rental of such property is an established business, or part of an established business or the same is incidental or germane to the said business.
  • (d) At the rate of one- half (1/2) of one (1%) per cent of the monthly lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by lessee or rentee to the owner of the tangible personal property.
  • (e) At the rate of one-half (1/2) of one (1%) per cent of the gross proceeds derived from the sale of services, as defined herein.

Section 23-22.2. Same-Taxing District.

The taxing district for this proposition is Sales Tax District No. 3 of the Parish of Rapides, State of Louisiana, which consists of the entire area of Rapides Parish, except the area within the municipalities of Alexandria and Pineville.

Section 23-22.3. Same-Applicability of parish sales and use tax code.

The provisions of the Rapides Parish Sales and Use Tax Code {sections 23- 25 (1.00) through 23-37 (13.03)} are applicable to the imposition of tax, rate, levy and collection of the sales and use tax as defined in the foregoing proposition.

BE IT FURTHER ORDAINED that this ordinance is to be effective June 1, 2012. THUS DONE AND SIGNED on this 11th day of April, 2011.

Motion by Mr. Buck Lincecum, seconded by Mr. Scott Perry to add the following items to the agenda.

Mr. Fountaine asked for each item to be taken individually.

Motion by Mr. Buck Lincecum, seconded by Mr. Ollie Overton, to add the following item to the agenda: Motion to authorize Ms. Mary Ducote, 23 Farmers Cutoff Road, Hineston, Louisiana, as a Hardship Case, pending proper certification.

A roll call vote was called and was as follows: YES NO Richard Billings Theodore Fountaine Jamie Floyd Buck Lincecum Joe Bishop Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion failed 8-1 for an unanimous vote.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to add the following item 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. Joe Bishop, seconded by Mr. Ollie Overton, to authorize the Public Works Director to hire a temporary full time employee as Acting Shop Manager at the rate of pay $13.20 per hour effective April 16, 2011, as approved by Civil Service. On vote the motion carried.

On motion by Mr. Buck Lincecum, seconded by Mr. Theodore Fountaine, that there being no further business, the meeting be declared adjourned. On vote the motion carried at 4:23 p.m

Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.

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