Public Meeting
Rapides Parish Police Jury
announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
October 10, 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 the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, October 10, 2011, at three (3:00) o'clock p.m. (Central Standard Time).
and Police Jurors John "Buck" Lincecum, Joe Bishop, Richard Gerald Vanderlick, Oliver "Ollie" Overton, Jr., Theodore Fountaine, Jr., Steve Coco and Scott Perry, Jr.
Also present were Mr. Tim Ware, Treasurer; Ms. Donna Andries, Sales and Use Tax Director; Mr. Dennis Woodward, Public Works Director; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Linda Sanders, Civil Service Director; Chief Randy McCain, Fire District No. #2; Ms. Elaine Morace, WOD Director; Ms. Sonya Wiley-Gremillion, OHSEP Director; Mr. Thomas O. Wells, Legal Counsel; and Ms. Laurel Smith, Secretary.
The invocation was given by Mr. Scott Perry.
The Pledge of Allegiance was led by Mr. Buck Lincecum.
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.
On motion by Mr. Scott Perry, seconded ADOPT by Mr. Ollie Overton, to adopt the minutes of the MINUTES Rapides Parish Police Jury held in Regular Session on September 12, 2011 and Special Session, September 19, 2011, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Buck Lincecum, seconded PAY BILLS by Mr. Ollie Overton, that approved bills be paid. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded ACCEPT TREAS by Mr. Jamie Floyd, to accept the Treasurer's Report. REPORT On vote the motion carried.
Mr. Joe Bishop, laid over the appointment to ESLER IND. the Esler Industrial Development Area Advisory LAY OVER Board, representing District B, for a five year term to fill the expired term of the late Mayor Fred Baden, term expired on January 8, 2011.
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Mr. Ollie Overton laid over the appointment to CODE OF ETHIC the Board on the Code of Ethics, to fill the expired LAY OVER term of Mr. James Williams, for a one year term, term expired September 13, 2011.
Mr. Ollie Overton laid over the appointment CSB LAY OVER to the Civil Service Board for a three year term to fill the expiring term of Mr. Thomas Davenport, nominee of the Alexandria Bar Association; term will expire October 14, 2011.
Mr. Buck Lincecum laid over appointment to the FD#3 CSB Fire District #3 Civil Service Board for a three LAY OVER year term to fill the expiring term of Mr. John Cummings, employee elected, term will expire on October 10, 2011.
Mr. Jamie Floyd laid over the appointment to the IND. DEV. BD Industrial Development Board for a six year term LAY OVER to fill the expired term of Mr. Rod Noles, term will expire on October 10, 2011.
Mr. Joe Bishop laid over the appointment to the MOSQUITO Mosquito Abatement District #1 for a three year ABATEMENT term to fill the expiring term of Ms. Mary Wardsworth, DIST. 1 term will expire October 13, 2011. LAY OVER
On motion by Mr. Jamie Floyd, seconded REAPPOINT by Mr. Joe Bishop, to waive the thirty day T.J. SPEIR announcement rule and reappoint Mr. T.J. Speir FD4 CSB to the Fire District #4 Civil Service Board, Jury elect, for a three year term, term to expire November 12, 2011. On vote the motion carried.
Announcement of appointments to be made at the next meeting to: Board on the Code of Ethics, for a one year term, to fill the expiring term of Mr. Robert Perry, term will expire November 14, 2011. Rapides Housing Authority, for a five year term, to fill the expiring term of Mr. Lamar Joffrion, term will expire November 9, 2011.
On motion by Mr. Buck Lincecum, seconded ACCEPT SEC by Mr. Jamie Floyd, to accept the Secretary's Report. REPORT On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded ACCEPT PWD by Mr. Buck Lincecum, to accept Public Work REPORT Directors report. On vote the motion carried.
Mr. Buck Lincecum request an update from Mr. Dennis Woodward, Public Works Director, concerning the work that the Highway Department had done on the Grundy Cooper Subdivision.
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Mr. Dennis Woodward stated he had met with Ms. Carolyn Vaughn and the Highway Department trimmed the bushes on the ditch side of the fence line and cut the bottom of the ditch.
Ms. Carolyn Vaughn stated she appreciated Mr. Woodward doing the work. She further stated that she would like for letters being sent to the individual homeowners to get their yards cleaned up.
Discussion ensued.
On motion by Mr. Steve Coco, seconded ASSET/ by Mr. Ollie Overton, to delete from the Police Jury INVENTORY Administration Asset/Inventory Program, the following equipment, as it is no longer suitable for public use. ASSET NUMBER DESCRIPTION DISPOSAL 10462 Scanner-Fujitsu Broken-Scrap (Finance 10/3) On vote the motion carried.
On motion by Mr. Steve Coco, seconded AMEND 2011 by Mr. Ollie Overton, to authorize the Treasurer to BUDGET amend all 2011 budgets as necessary. On vote the motion carried.
On motion by Mr. Steve Coco, seconded CAFETERIA by Mr. Ollie Overton, to adopt a Cafeteria Plan as PLAN
authorized under Section 125 of the Internal Revenue Code of 1986 and authorize the President to sign the Plan Document and the Summary Plan Description for the Rapides Parish Police Jury’s Flexible Benefits Plan as presented. On vote the motion carried.
On motion by Mr. Steve Coco, seconded AUDIO/ by Mr. Ollie Overton, to purchase new audio and RECORDING recording equipment for the Rapides Parish Police EQUIPMENT Jury meeting room and the committee room not to exceed $25,000.00 to be paid from the Admin Fund as recommended by the Treasurer. On vote the motion carried.
On motion by Mr. Steve Coco, seconded FOSTER CARE by Mr. Ollie Overton, to authorize the President to REIMBUR sign an agreement with the Department of Public SEMENT Safety and Corrections/Youth Services to allow the Ninth Judicial District Court to continue to participate in the Title IV-E Federal Foster Care Reimbursement Program in the maximum contract amount of $35,892.3320 for the period of July 1, 2011 through June 30, 2012. On vote the motion carried.
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On motion by Mr. Steve Coco, seconded by CEA W/ LSU Mr. Ollie Overton, to authorize to enter into a cooperative AG CENTER endeavor with the LSU AgCenter to support and administer Louisiana Cooperative Units Off Campus for a five year period beginning July 1, 2011 to June 30, 2016, requesting increase of salary support in the amount of $10,698.00 and making total amount $54,502.00, authorize the President to sign. On vote the motion carried.
On motion by Mr. Steve Coco, seconded by CLOVERDALE/ Mr. Ollie Overton, to accept the construction contract GRUNDYwith W.L. Bass Construction, Inc. for the Cloverdale/ COOPER Grundy-Cooper State Wide Flood Control Project, State Project No. 576-40-0015 (332) as substantially complete, as recommended by Ballard CLC, Inc., Project Engineer and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Steve Coco, seconded by AWARD Mr. Ollie Overton, to award the construction CONTRACT contract for the Rigolette Bridge, Reconstruction, RIGOLETTE Planning and Construction Project (FP&C Project No. 50-J40-10-01) to Gilchrist Construction Company for $794,090 (Base Bid), plus $25,725 (Alternate No. 1), $9,660(Alternate No. 2), and $600 (Alternate No. 3) for a Total Amount of $830,075, as recommended by Mr. Steve Fontenot with Smith, Fontenot & Phillips, LLC, Project Engineer, the Public Works Director and the Treasurer, subject to approval by the State of Louisiana Facility Planning & Control, to be paid from Capital Outlay Funds and Ward 10 A Maintenance Funds, and authorize the President to sign all necessary documents. On vote the motion carried.
The next item on the agenda was to recognize a representative from Gilchrist Construction Company for an update on the Rigolette Bridge.
Mr. Chad Juneau, Gilchrist Construction Company, stated the contracts were signed last week and returned to the Engineers Office and are waiting for a notice to proceed to begin the work. Work should begin around the third week in November
Discussion ensued.
Mr. Joe Bishop requested someone from Gilchrist Construction come back each month and give an update on the progress of the construction on the Rigolette Bridge.
On motion by Mr. Steve Coco, seconded by RATIFY Mr. Ollie Overton, to ratify authorization for the CLOVERDALE/ REGULAR SESSION OCTOBER 10, 2011
President to sign a letter to Louisiana Statewide Flood GRUNDYControl Program requesting $269,445.60 in funding for COOPER the Cloverdale/Grundy-Cooper SWFC Project Phase III, PROJECT State Project No. 576-40-0015(332), as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Steve Coco, seconded CERTIFICATE by Mr. Ollie Overton ,the following resolution was OFF-SYSTEM presented, to adopt the Annual Certification for the BRIDGE Off-System Bridge Program for October 1, 2010 PROGRAM to September 30, 2011, as recommended by the Public Works Director, and on vote unanimously adopted:
RESOLUTION
WHEREAS, the Code of Federal regulations as enacted by the United States Congress mandates that all structures defined as bridges located on all public roads shall be inspected, rated for safe load capacity and posted in accordance with the National Bridge Inspection Standards and that an inventory of these bridges be maintained by each State; and,
WHEREAS, the responsibility to inspect, rate and load post those bridges under the authority of Rapides Parish in a ccordance with those Standards is delegated by the Louisiana Department of Transportation and Development to Rapides Parish.
THEREFORE, BE IT RESOLVED by the governing authority of Rapides Parish (herein referred to as the Parish) that the Parish in regular meeting assembled does hereby certify to the Louisiana Department of Transportation and Development (herein referred to as the DOTD) that for the period October 1, 2010
through September 30, 2011:
- The Parish has performed all interim inspections o n all Parish owned or maintained bridges in accordance with the National Bridge Inspection Standards.
- All bridges owned or maintained by the Parish have been structurally analyzed and rated by the Parish as to the safe load capacity in accordance with AASHTO Manual for Maintenance Inspection of Bridges. The load posting information that has been determined by the LA DOTD for all bridges where the maximum legal load under Louisiana State law exceeds the load permitted under the operating rating as determined above has been critically reviewed by the Parish. Load posting information has been updated by the Parish to reflect all structural changes, any obsolete structural ratings or any missing structural ratings.
- All Parish owned or maintained bridges which require load posting or closing are load posted or closed in accordance with the table in the DOTD Engineering Directives and Standards Manual Directive No. 1.1.1.8. All DOTD supplied load posting information concerning a bridge has been critically reviewed by the Parish Engineer prior to load posting.
- All bridges owned or maintained by the Parish are shown on the attached list in the format specified by the DOTD. Corrections to data supplied to the Parish by the LA DOTD are noted.
These stipulations are prerequisites to participation by the Parish in the Off-System Bridge Replacement Program.
This resolution was considered section by section and as a whole and upon motion of Mr. Steve Coco, being sec onded by Mr. Ollie Overton, was adopted by the following vote on this the 10th day of October, 2011.
YEAS: Richard Billings, Scott Perry Jr., John "Buck" Lincecum, Joe Bishop, Jamie L. Floyd, Theodore Fountaine Jr., Richard Gerald Vanderlick, Oliver "Ollie" Overton Jr. and Steve Coco. NAYS: None REGULAR SESSION OCTOBER 10, 2011
ABSENT AND NOT VOTING: None
And the resolution was declared adopted on this the 10th day of October, 2011.
On motion by Mr. Steve Coco, seconded ASSET/ by Mr. Ollie Overton, to ratify authorization to delete INVENTORY from OEWD/WOD Asset Inventory the following OEWD/WOD vehicle, equipment, and furnishings that or either broken, obsolete, or no longer suitable for program use and authorize disposal at Bonnette’s Public Auction on 9/17/2011. Asset Description S erial Number Tag Computer Monitor KEI Benq 9991171421-3130 0687T68421
Computer CPU KEI RPPJ G001023 Computer CPU KEI RPPJ 09018 Computer CPU KEI RPPJ G001035 Computer CPU KEI RPPJ G001225 Computer CPU KEI RPPJ G001222 Computer CPU KEI RPPJ G001284 Computer CPU KEI RPPJ G001239 Computer CPU KEI RPPJ G001031 Computer CPU KEI RPPJ G001009 Computer CPU KEI RPPJ G001000 Computer CPU KEI RPPJ G001002 Computer CPU KEI RPPJ G001043 Computer CPU KEI RPPJ G001008 Computer CPU KEI RPPJ 09009 Computer CPU KEI RPPJ G001007 Computer CPU KEI RPPJ G001049 Typewriter IBM RPPJ 00005829 Typewriter IBM RPPJ 07633 Typewriter IBM RPPJ 06435 Television Magnavox RPPJ 75304378 Television Symphonic RPPJ 07586 Television Mitsubishi RPPJ 5329 Television Wall Mount
Scanner HP RPPJ G001034 Keyboards (22) Mouse (9) Printer Brother RPPJ G001121 Printer HP RPPJ 08948 Printer Elite RPPJ 07560 Printer Elite RPPJ 07561 Printer (Portable) Canon BJC-2130 Printer HP RPPJ 06460 Printer Brother U61229M4J17256
Desk (3) Wooden 00001504 Red Secretary Chair Red Executive Chair Gray File Cabinet 4 Drawer (Letter Sz)
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Lamp Computer Stand 5’ (Rolling) RPPJ 00005974 Computer Stand 5’ (Rolling) RPPJ 00005950 Black Executive Chair without Arms
Black Secretary Chair Red Stacking Chair Gray Office Guest Chair (4)
Red Office Guest Chair (4)
Wooden Credenza Metal Desk with Side Arm 00004085 Computer Table 5’ (Rolling) RPPJ 00005880 Wooden Typewriter Stand
White Computer Tables (2) Bretford Metal Table 3' White Computer Table 2’
Gray Secretary Chairs (2)
Blue Secretary Chair Gray Stackable Chair Desk Black Metal 3’ What Not Shelf (3 Shelf)
1999 Van Chevy Astro Vin # 1GNDM19W5XB 187406 RPPJ Blue Executive Chair Red Guest Chair Printer Laser 3 in 1 (Broken) CN68DE11H Printer HP Laser Jet 6P RPPJ 08942 Printer HP LaserJet 6P RPPJ 08946 Printer Brother RPPJ 08925 Printer Xerox RPPJ G001287 Printer HP Deskjet 990 RPPJ G001053 Printer HP 3 in 1 CN68GDI4KF Typewriter IBM RPPJ 06861 Floppy Disk Holder Metal (Locking) Display Rack Brochure (3 Tier)
On vote the motion carried.
On motion by Mr. Buck Lincecum, seconded HIRE TEMP/ by Mr. Joe Bishop, to hire a temporary full-time FULL-TIME employee at $8.00 an hour to assist in the Clerical EMPLOYEE REGULAR SESSION OCTOBER 10, 2011
Assistant III position in the Administrative Department of the Rapides Parish Police Jury Office. On vote the motion carried.
The following resolution was offered by URGENT NEED Mr. Theodore Fountaine, seconded by Mr. Ollie Overton, PROJECT declaring the Diversion Canal Project as an “Urgent Need” Project due to other resources are not available to carry out implementation of this project.
RESOLUTION
WHEREAS, the office of Community Development has made available funding through the Economic Revitalization Program that will assist local governments impacted by Hurricane Gustav in completing construction/renovation projects, and
WHEREAS, the Rapides Parish Police Jury is currently preparing to assist the Red River Atchafalaya and Bayou Bouef Levee District to make improvements to the Diversion Canal in order to assist farmers in Rapides, Avoyelles, St. Landry and Evangeline Parishes in irrigating their crops with water from the Red River through the Bayou Rapides gates, and
WHEREAS, such construction is directly correlated to the Disaster Recovery Proposal for the citizens of Rapides Parish due to the crop and farm income loss from Hurricane Gustav, and
WHEREAS, the proposed construction project at this point is one of “urgent need” due to the fact that the Rapides Parish Police Jury nor the Red River Atchafalaya and Bayou Bouef Levee District is unable to finance the prepared costs of the project and will alleviate economic health and safety issues for the citizens of Rapides Parish.
THEREFORE, BE IT RESOLVED by the Rapides Parish Police Jury in regular session duly convened on this 10 th day of October, 2011, does hereby request approval to use CDBG funds in the construction of improvements to the Diversion Canal, thereby maximizing benefits to the community through the parish’s infrastructure improvements recovery efforts.
BE IT FURTHER RESOLVED, the Rapides Parish Police Jury does hereby declare this disaster recovery project as an “Urgent Need” Project due to other resources are not available to carry out implementation of this project.
THEREUPON, the above resolution was duly adopted.
THUS DONE AND ADOPTED this 10th day of October, 2011.
On motion by Mr. Steve Coco, seconded EMERGENCY by Mr. Ollie Overton, to authorize participation PERFORMANCE in the Emergency Management Performance Grant GRANT (EMPG 2011) No. EMW-2011-EP-0058, to be administered by the Rapides Parish Homeland Security and Emergency Preparedness Office, and to authorize the OHSEP Director to sign REGULAR SESSION OCTOBER 10, 2011
related documents. On vote the motion carried.
On motion by Mr. Steve Coco, seconded ADJ. PROPERTY by Mr. Ollie Overton, the following resolution was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A certain piece, parcel or situated in the City of Alexandria, Rapides Parish, Louisiana, together with all buildings and improvements thereon, and all rights, ways and privileges thereto belonging or appertaining, and consisting of five (5) certain lots, particularly described as Lots Numbers Four (4), Five (5), Six (6), Seven (7) and Eight (8) of Square No. Four (4) of the Welch Addition to the City of Alexandria, Rapides Parish, Louisiana, each fronting Twenty-five (25) feet on Rapides or formerly Gould Avenue, and running back between parallel lines a distance of 125 feet to an alley in the rear, all as shown on Plat of said Addition, recorded at Conveyance Book Y, Page 430, public records of Rapides Parish, Louisiana, and being the same property acquired by James William Thomson from James N. Chambers, October 11, 1940, as of record in Conveyance Book 248, Page 235, public records of Rapides Parish, Louisiana.
FOR THE
CONSIDERATION OF $12,500.00 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 situated in the City of Alexandria, Rapides Parish, Louisiana, together with all buildings and improvements thereon, and all rights, ways and privileges thereto belonging or appertaining, and consisting of five (5) certain lots, particularly described as Lots Numbers Four (4), Five (5), Six (6), Seven (7) and Eight (8) of Square No. Four (4) of the Welch Addition to the City of Alexandria, Rapides Parish, Louisiana, each fronting Twenty-five (25) feet on Rapides or formerly Gould Avenue, and running back between parallel lines a distance of 125 feet to an alley in the rear, all as shown on Plat of said Addition, recorded at Conveyance Book Y, Page 430, public records of Rapides Parish, Louisiana, and being the same property acquired by James William Thomson from James N. Chambers, October 11, 1940, as of record in Conveyance Book 248, Page 235, public records of Rapides Parish, Louisiana.
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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 MICHAEL COLLINS to purchase said property for the consideration of $12,500.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to MICHAEL COLLINS, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or situated in the City of Alexandria, Rapides Parish, Louisiana, together with all buildings and improvements thereon, and all rights, ways and privileges thereto belonging or appertaining, and consisting of five (5) certain lots, particularly described as Lots Numbers Four (4), Five (5), Six (6), Seven (7) and Eight (8) of Square No. Four (4) of the Welch Addition to the City of Alexandria, Rapides Parish, Louisiana, each fronting Twenty-five (25) feet on Rapides or formerly Gould Avenue, and running back between parallel lines a distance of 125 feet to an alley in the rear, all as shown on Plat of said Addition, recorded at Conveyance Book Y, Page 430, public records of Rapides Parish, Louisiana, and being the same property acquired by James William Thomson from James N. Chambers, October 11, 1940, as of record in Conveyance Book 248, Page 235, public records of Rapides Parish, Louisiana.
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:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • 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;
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Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or done 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 “process 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 “process 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 done 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or 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 done has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process. REGULAR SESSION OCTOBER 10, 2011
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 done 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 REGULAR SESSION OCTOBER 10, 2011
impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 10 th day of October, 2011.
On motion by Mr. Steve Coco, seconded ADJ. PROPERTY by Mr. Ollie Overton, the following resolution was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A certain piece, parcel or tract of land, together with all buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows, to wit:
Commencing at the Southeast corner of Section 22, T5N-R1W; thence North for 20’, thence North 89 degrees 25’ West for 1,322.9’; thence North 0 degrees 03’ East for 1,985.2’; thence North 89 degrees 25’ West for 349.7’ to a point hereafter being called the point of beginning; thence North 89 degrees 25’ West for 299.7’; thence South 0 degrees 17’ West 664.8’; thence South 89 degrees 25’ East for 301.1’; thence North 0 degrees 10’ East for 664.8’ to the point of beginning and containing 4.6 acres, being shown as Lot 6 on Certificate of Survey by Barrett Gremillion, dated March 25, 1977. [It is noted at COB 910, page 744, that a copy of said plat is attached to the Act of Partition.] REGULAR SESSION OCTOBER 10, 2011
Municipal Address: Not Applicable
Married to and living in community with Barbara Kaufman FOR THE CONSIDERATION OF $9,317.96 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of land, together with all buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows, to wit:
Commencing at the Southeast corner of Section 22, T5N-R1W; thence North for 20’, thence North 89 degrees 25’ West for 1,322.9’; thence North 0 degrees 03’ East for 1,985.2’; thence North 89 degrees 25’ West for 349.7’ to a point hereafter being called the point of beginning; thence North 89 degrees 25’ West for 299.7’; thence South 0 degrees 17’ West 664.8’; thence South 89 degrees 25’ East for 301.1’; thence North 0 degrees 10’ East for 664.8’ to the point of beginning and containing 4.6 acres, being shown as Lot 6 on Certificate of Survey by Barrett Gremillion, dated March 25, 1977. [It is noted at COB 910, page 744, that a copy of said plat is attached to the Act of Partition.]
Municipal Address: Not Applicable
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 DAVID KAUFMAN, married to and living in community with Barbara Kaufman to purchase said property for the consideration of $9,317.96 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 DAVID KAUFMAN, married to and living in community with Barbara Kaufman for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land, together with all buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows, to wit:
Commencing at the Southeast corner of Section 22, T5N-R1W; thence North for 20’, thence North 89 degrees 25’ West for 1,322.9’; thence North 0 degrees 03’ East for 1,985.2’; thence North 89 degrees 25’ West for 349.7’ to a point hereafter REGULAR SESSION OCTOBER 10, 2011
being called the point of beginning; thence North 89 degrees 25’ West for 299.7’; thence South 0 degrees 17’ West 664.8’; thence South 89 degrees 25’ East for 301.1’; thence North 0 degrees 10’ East for 664.8’ to the point of beginning and containing 4.6 acres, being shown as Lot 6 on Certificate of Survey by Barrett Gremillion, dated March 25, 1977. [It is noted at COB 910, page 744, that a copy of said plat is attached to the Act of Partition.]
Municipal Address: Not Applicable
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:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • 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 done 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 “process 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 “process 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 done intends to be terminated has, to redeem the property, until the later of:
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- (a) Sixty days, for property on which a tax sale certificate (formerly “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or 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 done has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the 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.
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- (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 done 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.
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- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 10th day of October, 2011.
On motion by Mr. Steve Coco, seconded ADJ. PROPERTY by Mr. Ollie Overton, the following resolution was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A certain piece, parcel or tract of land located in Rapides Parish, Louisiana, and being more particularly described as Lot 1 and 3 of Square 6 of the Valley Addition to the Town of Pineville as per plat thereof recorded in Plat Book 2, Page 78, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 106 Valley Street, Pineville, Louisiana, 71360 FOR THE CONSIDERATION OF $9,133.33 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 tract of land located in Rapides Parish, Louisiana, and being more particularly described as Lot 1 and 3 of Square 6 of the Valley Addition to the Town of Pineville as per plat thereof recorded in Plat Book 2, Page 78, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 106 Valley Street, Pineville, Louisiana, 71360
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 STACEY SCOTT to purchase said property for the consideration of $9,133.33 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,
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WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to STACEY SCOTT, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land located in Rapides Parish, Louisiana, and being more particularly described as Lot 1 and 3 of Square 6 of the Valley Addition to the Town of Pineville as per plat thereof recorded in Plat Book 2, Page 78, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 106 Valley Street, Pineville, Louisiana, 71360 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:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • 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 done 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 “process 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 “process 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 REGULAR SESSION OCTOBER 10, 2011
whose interest the successful bidder or done 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or 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 done has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in an d 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.
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- (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 done 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.
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- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 10 th day of October, 2011.
On motion by Mr. Joe Bishop, seconded ADVERTISE by Mr. Buck Lincecum, to authorize advertisement SEC POSITION for two weeks, to fill the vacancy in the position of Secretary and authorize the President to set up a search committee.
Discussion ensued on whether to fill the Secretary’s position or to have a Secretary/Treasurer.
Amendment to the motion by Mr. Steve Coco, SEARCH seconded by Mr. Ollie Overton, to authorize the COMMITTEE President to set up the Search Committee first and SEC POSITION then let the Search Committee take it from there to work out the details. On vote the amended motion carried.
On motion by Mr. Steve Coco, seconded AMEND ACT 12 by Mr. Ollie Overton, to request the Louisiana State Police Jury Association to pass a resolution to have State Legislators to enact legislation to amend Act 12, by having the Louisiana Uniform Construction Code Council reduce building code requirements above Interstate 10. On vote the motion carried.
On motion by Mr. Buck Lincecum, JP/CONSTABLE seconded by Mr. Jamie Floyd to authorize the TRAINING registration and mileage, in an amount up to $400 COURSE each, of the Rapides Parish Justices of the Peace and Constables to attend the 2012 Justices of the Peace and Constables Annual Training Course to be held o n February 28, 2012 thru March 2, 2012, in Baton Rouge, to be paid out of the General Fund.
Amendment to the motion by Mr. Buck PER DIEM Lincecum, seconded by Mr. Jamie Floyd to increase INCREASE the amount from $400.00 to $600.00 each . JP/CONSTABLE On vote the amended motion carried. COURSE
On motion by Mr. Steve Coco, seconded GENERATOR by Mr. Ollie Overton, to reassign the Stamford REASSIGNED Iberica SA, Model No. DCA220SSJU 176 KW 3 TO FD#2 REGULAR SESSION OCTOBER 10, 2011
phase generator, Serial Number 8010217 that was purchased through the Generator Initiative Grant to Rapides Parish Fire District No. 2; apply the $20,000 received from the sale authorized by a motion dated April 11, 2011 towards the purchase of a new ONAN, Model No. 200DSHAC, 200 KW generator set for Water Works District No. 3; modify the original intergovernmental agreement to reflect these changes, as recommended by the Parish OHSEP Director and approved by D. Casey Levy, State Hazard Mitigation Officer, Disaster Recovery Division, Governor’s Office of Homeland Security and Emergency Preparedness; and authorize the President to sign all associated documents/agreements. On vote the motion carried.
On motion by Mr. Steve Coco, seconded IGA W/ BOYCE by Mr. Ollie Overton, to amend a certain motion of June 13, 2011, an Intergovernmental Agreement with the Town of Boyce, to include an additional 65 Stop Sign Post (10 ft), 65 Stop Signs and 64 4-way Stop Sign Markers, to be paid out of Road District 7A funds and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Steve Coco, seconded SIGNS FOR by Mr. Ollie Overton, the following resolution LIBRARIES was presented and on vote unanimously adopted:
RESOLUTION
BE IT RESOLVED, that the Rapides Parish Police Jury hereby petitions the Louisiana Department of Transportation and Development to place directional signs on state highways to assist the pubic in locating three branches of the Rapides Parish Library system.
The locations are:
- Highway 165 (Business) at its intersection with Shamrock St. in Pineville for the Martin Branch Library at 801 W. Shamrock St.;
- Highway 1 at its intersection with Leitrim St. in Boyce for the Boyce Branch Library at 500A Ulster St.;
- Highway 165 at its intersection with Highway 623 in Ball for the Robertson
- Highway 3225 (Shreveport Highway) at its intersection with Highway 623 in Tioga for the Robertson Branch Library at 809 Tioga High School Road.
Each sign will say “LIBRARY” with an arrow pointing left or right (one each way for each pair of signs at each location). Unanimously approved by the Rapides Parish Police Jury this 10 th day of October,
On motion by Mr. Steve Coco, seconded OBSERVE by Mr. Ollie Overton, to request the citizens of HALLOWEEN the rural areas of Rapides Parish observe Halloween REGULAR SESSION OCTOBER 10, 2011
on Monday, October 31, 2011. On vote the motion carried.
On motion by Mr. Steve Coco, seconded RED RIBBON by Mr. Ollie Overton, the following resolution WEEK was presented and on vote unanimously adopted:
RED RIBBON WEEK
PROCLAMATION
WHEREAS, alcohol and other drug abuse has been identified as one of the greatest threats to the future of our nation, and the 15 to 24 year old group is dying faster than any other age group; and
WHEREAS, it is imperative that visible, unified preventive education efforts by community members be launched to reduce the demand for drugs; and
WHEREAS, the National Federation of parents for Drug Free Youth, the Municipalities of Rapides Parish and the Rapides Parish School Board are sponsoring the National Red Ribbon Campaign offering citizens the opportunity to demonstrate their commitment to drug free lifestyles; and
WHEREAS, the Nation Red Ribbon Campaign will be celebrated in every community in America during “Red Ribbon Week”, October 22 – 30, 2011; and
WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, physicians, senior citizens, military, sports teams, and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week long campaign; and
WHEREAS, the communities of Rapides Parish further commit their resources to ensure the success of the Red Ribbon Campaign; and
NOW, THEREFORE, I, Richard Billings, President, Rapides Parish Police Jury, Rapides Parish, Louisiana, do hereby recognize and proclaim October 22 – 30, 2011 as RED RIBBON WEEK
in Rapides Parish, and encourage all citizens to participate in drug prevention education activities, making a visible statement that we are strongly committed to drug free communities.
THUS PASSED AND APPROVED on this 10 th day of October, 2011.
On motion by Mr. Steve Coco, seconded AMBULANCE by Mr. Ollie Overton, to receive the required REPORT report from Acadian Ambulance under the Contract for August, 2011: Response Number Required Compliance REGULAR SESSION OCTOBER 10, 2011
Zone Responses % % Alexandria - 8 minute 461 80% 84.38% Pineville - 8 minute 127 80% 84.25% Rapides - 12 minute 189 80% 84.13% Rapides - 20 minute 158 80% 84.18% (Insurance 10/8) On vote the motion carried.
On motion by Mr. Steve Coco, seconded BID NO. 2200 by Mr. Ollie Overton to award Bid No. 2200 Purchase One Pumper Fire Apparatus for Rapides Parish Fire District No. 9 (Echo Poland Volunteer Fire Department) to Sunbelt Fire, Inc., the lowest bidder that meet specifications for an amount of $288,137, as recommended by Echo Poland Fire Department, Treasurer and Purchasing Agent. On vote the motion carried.
On motion by Mr. Steve Coco, seconded BUY UTILITY by Mr. Ollie Overton, to authorize to purchase a VEHICLE new Ford Interceptor Utility Vehicle off of the City of Alexandria 2012 Year Contract Bid No. 1859, Ordinance #135-2011, as requested by Alpine Volunteer Fire Department Board of Directors to be paid with Fire District No. 3 Funds. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Buck Lincecum to add the following items to the agenda.
Mr. Theodore Fountaine requested a roll call vote on each motion. Two-thirds vote was needed to add the item to the agenda.
No vote taken on the motion.
On motion by Mr. Richard Vanderlick, seconded by Mr. O llie Overton, to add the following item to the agenda.
Roll call vote 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 carried 8-1.
On motion by Mr. Richard Vanderlick, seconded by Mr. Jamie Floyd, to recognize a representative from the Alexandria/Pineville Area Convention and Visitors Bureau.
Ms. Sherry Ellington, Executive Director of the Alexandria/Pineville Area REGULAR SESSION OCTOBER 10, 2011
Convention and Visitors Bureau, and Ms. Kelli West, Marketing Manager gave a brief report on upcoming events and the BP funds and how they have utilized these funds.
No vote was taken on the motion.
On motion by Mr. Richard Vanderlick, seconded by Mr. Buck Lincecum, to add the following item to the agenda.
Roll call vote 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 carried 8-1.
On motion by Mr. Buck Lincecum, to recognize Ms. Jenni Peterman, Justices of the Peace.
Ms. Peterman stated they would lik e an increase for going to the Justices of the Peace and Constables Conventions. The expenses are equaling $600.00 and the amount allowed now is only $400.00. Ms. Peterman requested an increase to $600.00. No vote taken on the motion.
On motion by Mr. Buck Lincecum, seconded by Mr. Ollie Overton, to add the following motion to the agenda.
Roll call vote was as follows: YES NO Richard Billings Jamie Floyd Theodore Fountaine Buck Lincecum Joe Bishop Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion carried 9-0.
On motion by Mr. Steve Coco, seconded CHANGE by Mr. Ollie Overton, to approve Change Order ORDER NO. 5 No. 5 with Gilchrist Construction Company, LLC BID NO. 2185 Rapides Parish to remove 170 Tons of Leveling with Spreader Box and to add 5,172 Square yards o f In-Place Stabilized Base Course (12” Thick) on the Moss Point Road (Ward 8, District E) at a decreased amount of $64.20 and to extend the Contract Time to October 30, 2011, as recommended by the Public Works Director. On vote the motion carried.
On motion Mr. Ollie Overton, seconded by Mr. Joe Bishop, to add the following item to the agenda.
Roll call vote was as follows: YES NO Richard Billings REGULAR SESSION OCTOBER 10, 2011
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 CHANGE by Mr. Ollie Overton, to authorize Change Order ORDER NO. 2 No. 2 on the Cloverdale/Grundy-Cooper SWFC Project Phase II, State Project No. 576-40-0015(332) in order to add installation of an additional 17 square yards of Incidental Concrete and remove 343 linear feet of Chain Link Fence at a decreased cost of $3,870.00 as recommended by Project Engineer and Public Works Director. On vote the motion carried.
Motion by Mr. Richard V anderlick, seconded by Mr. Buck Lincecum, to add the following item to the agenda.
Roll call vote 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 carried 8-1.
On motion by Mr. Steve Coco, seconded DEVILLE VFD by Mr. Ollie Overton, to approve the construction of PARKING a 50’ by 90’ parking garage which will be next to the GARAGE training center for Deville Volunteer Fire District, not to exceed $200,000.00, as recommended by the Fire District #6 Board of Directors. On vote the motion carried.
On motion by Mr. Buck Lincecum, seconded by Mr. Ollie Overton, to add the following item to the agenda.
Roll call vote 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.
The following resolution was offered by CEA Mr. Steve Coco, seconded by Mr. Ollie Overton CDBG and on vote unanimously adopted: REGULAR SESSION OCTOBER 10, 2011
RESOLUTION
A RESOLUTION AUTHORIZING THE PARISH PRESIDENT TO ENTER INTO THE REQUIRED AMENDMENT NO. 2 TO THE COOPERATIVE ENDEAVOR AGREEMENT WITH THE LA DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT-DISASTER RECOVERY UNIT TO SECURE ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY FUNDS; AND TO AUTHORIZE THE PARISH PRESIDENT TO SIGN ANY AND ALL DOCUMENTS REQUIRED.
WHEREAS, the Rapides Parish Police Jury will be required to enter into a Cooperative Endeavor Agreement with the Division of Administration, Office of Community Development-Disaster Recovery Unit in order to secure additional Community Development Block Grant Funds for the Parish; and
NOW, THEREFORE BE IT RESOLVED by the Rapides Parish Police Jury that, Parish President Richard W. Billings, be and is hereby authorized to enter into the required Amendment No. 2 to the Cooperative Endeavor Agreement with the Louisiana Division of Administration, Office of Community Development-Disaster Recovery Unit to secure Community Development Block Grant (CDBG) Disaster Recovery funds and to sign any and all documents required.
THUS PASSED AND APPROVED on this 10 th day of October, 2011.
On motion by Mr. , Buck Lincecum seconded by Mr. Ollie Overton, to add the following item to the agenda. Roll call vote 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 Mr. Steve Coco, seconded LEASE by Mr. Ollie Overton, to adopt a resolution PURCHASE for the financing agreement with Hancock Bank TANKER Government Leasing for the lease-purchase of PLAINVIEW two E-ONE Commercial 4000 Gallon Water Fire VFD Tankers (Bid No. 2166) to be purchased from Sunbelt Fire, Inc. for the bid amount of $529,008 with a $100,000 down payment and to finance $429,008 with the terms and conditions of five annual payments at an interest rate of 2.04%, as recommended by the Plainview Volunteer Fire Association Board of Directors, Treasurer and Purchasing Agent, to be paid from Fire District No. 10 Funds as budgeted. AUTHORIZING RESOLUTION (Exhibit E) REGULAR SESSION OCTOBER 10, 2011
Whereas, the Rapides Parish Police Jury (the "Purchaser"), a body politic and corporate duly organized and existing as a political subdivision of the State of Louisiana (the "State"), is authorized by the laws of the State to purchase and acquire movable property for the benefit of the Purchase r and its citizens and to enter into contracts with respect thereto; and
Whereas, the Purchaser desires to purchase and acquire certain equipment constituting movable property necessary for the Purchaser to perform essential governmental functions; and
Whereas, in order to acquire such equipment, the Purchaser proposes to enter into that certain Equipment Installment Purchase Agreement (the "Agreement") with Hancock Bank (the "Bank"), the form of which has been presented to the governing body of the Purchaser at this meeting hereto attached as Exhibit (A) to this resolution; and
Whereas, the governing body of the Purchaser deems it beneficial to the Purchaser and for the efficient and effective administration thereof to enter into the Agreement for the financing of the purchase and acquisition of the equipment therein described on the terms and conditions therein provided; and
Whereas, the governing body of the Purchaser anticipates that it will not issue more than $10,000,000.00 of qualified tax -exempt obligations during calendar year 2011 and desires to designate the Agreement as a qualified tax-exempt obligation of the Purchaser for purposed of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended; and
Whereas, to the best knowledge an d belief of the governing body, this Agreement qualifies as a qualified project bond with the meaning of the Tax Reform Act of 1986;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Approval of Documents . The form, terms and provisions of the Agreement are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by the counsel of the Purchaser or other members of the governing b ody of the Purchaser executing the same, the execution of such documents being conclusive evidence of such approval; and the President of the Purchaser is hereby authorized and directed to execute, and the Secretary of the Purchaser is hereby authorized and directed to attest and countersign where appropriate, the Agreement and any related agreements, exhibits, and attachments, related to the Agreement, and the Secretary of the Purchaser is hereby authorized to affix the seal of the Purchaser to such documents that require such seal.
Section 2. Other Actions Authorized . The officers and employees of the Purchaser shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transacti ons contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement.
REGULAR SESSION
OCTOBER 10, 2011
Section 3. Arbitrage. The Purchaser covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Service Code of 1986 and any amendment thereto (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the Agreement under the Code. The Purchaser further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Agreement or any other funds of the
Purchaser to be used directly or indirectly in any manner, the effect of which would be to cause the Agreement to be an “arbitrage bond” or would result in the inclusion of the interest component of the Agreement in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Agreement proceeds or (ii) the failure to pay any required rebate or arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Agreement in a manner which would cause the Agreement to be a “private activity bond”.
Section 4 Section 265(b)(3) Designation. Purchaser hereby designates the Agreement as a "qualified tax-exempt obligation" for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Purchaser further represents that Purchaser reasonably anticipates that Purchaser and other entities issuin g obligations on behalf of Purchaser will not issue tax-exempt obligations (including the Agreement) that exceed the aggregate principal amount of $10,000,000 during the calendar year in which the Agreement is executed and delivered.
Section 5. Insurance. The governing body of the Purchaser understands the provisions of the Agreement regarding insurance coverage requirements and agree to provide such insurance coverage as is required in the Agreement.
Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.
Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.
POLICE JURY MEMBER Mr. Steve Coco offered the motion and Mr. Ollie Overton seconded the motion and after a full discussion, the same was put to vote with the following results:
Roll call vote was as follows: YES NO Richard Billings Jamie Floyd Buck Lincecum Joe Bishop REGULAR SESSION OCTOBER 10, 2011
Theodore Fountaine Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion carried 9-0.
The motion having received an affirmative vote, this resolution was declared adopted on this the 10th day of October 2011.
On motion by Mr. Richard Vanderlick, seconded by Mr. Buck Lincecum, to add the following item to the agenda.
A roll call vote was called to add the following item to the agenda 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 carried 8-1.
On motion by Mr. Buck Lincecum, seconded by Mr. Jamie Floyd, to accept a no name road, located off of Donahue Ferry Road, across from Journey Church, Pineville, into the system pending the Public Works Director’s approval.
Amendment to the motion by Mr. Jamie ACCEPT Floyd, seconded by Mr. Buck Lincecum, to name JOURNEY in for Parish Maintenance, pending obtaining the proper right-of-ways. On vote the amended motion carried.
A unanimous vote was needed to add the following items to the agenda.
On motion by Mr. Buck Lincecum, seconded by Mr. Joe Bishop, to add the following item to the agenda.
A roll call vote was c alled to add the following item to the agenda 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 STATEMENT Mr. Ollie Overton, to authorize President to sign OF Statement of Concurrence for updated PY10/PY11 CONCURRENCE REGULAR SESSION OCTOBER 10, 2011
Unified Local Plan for Workforce Investment Area (LWIA #61). On vote the motion carried.
On motion by Mr. Buck Lincecum, seconded by Mr. Ollie Overton, to add the following item to the agenda.
A roll call vote was called to add the following item to the agenda 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 CABLE by Mr. Ollie Overton, to adopt the following FRANCHISE FEE ordinance that all persons or entities providing cable or video services to the citizens of Rapides Parish pursuant to a state-issued certificate of franchise authority as provided by LSA-R.S. 45:1361 et seq. shall, pursuant to the provisions of LSA-R.S. 45:1366, pay the Rapides Parish Police Jury a franchise fee equal to five (5%) percent of the cable or video service provider’s gross revenues, as that term is defined by the “Consumer Choice for Television Act of 2008”, derived from operations within Rapides Parish.
ORDINANCE
An Ordinance setting the franchise fee to be paid by those entities providing cable or video serve within Rapides Parish municipal limits under a state-granted franchise authority and otherwise providing with respect thereto.
WHEREAS, pursuant to the provisions of the Consumer Choice for Television Act of 2008, codified at LSA -R.S. 45:1361 et seq, any person or entity desiring to provide cable or video services within Rapides Parish may do so by obtaining a state-issued certificate of franchise authority;
WHEREAS, pursuant to the provisions of LSA -R.S. 45:1366, the holder of a state-issued certificate of franchise authority for cable or video service is required to pay a franchise fee to a municipality in which it operates upon the passage of an ordinance by municipality setting such a fee; and
WHEREAS, there are persons or entities which operate or desire to operate cable or video services within Rapides Parish municipal limits.
BE IT THEREFORE ordained by the Rapides Parish Police Jury of Rapides Parish, State of Louisiana, that all persons or entities providing cable or video REGULAR SESSION OCTOBER 10, 2011
services to the citizens of Rapides Parish pursuant to a state -issued certificate of franchise authority as provided in LSA – R.S. 45:1361 et seq shall, pursuant to the provisions of LSA – R.S. 45:1366, pay the Rapides Parish a franchise fee equal to 5% of the cable or video service provider’s gross revenues, as that term is defined by the “Consumer Choice for Television Act of 2008” derived from operations within Rapides Parish municipal limits.
BE IT FURTHER RESOLVED , that all ordinances and resolution in c onflict herewith are hereby repealed, except those approving any cable or video franchise agreement in force and effect between Rapides Parish and any cable or video service provider.
THUS DONE AND ADOPTED THIS 10
TH DAY OF OCTOBER, 2011.
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 to add the following item to the agenda and was as follows: YES NO Richard Billings Jamie Floyd Buck Lincecum Joe Bishop Theodore Fountaine Richard Vanderlick Ollie Overton Steve Coco Scott Perry On roll call vote the motion carried 9-0.
On motion by Mr. Theodore Fountaine, RRABB seconded by Mr. Joe Bishop, to authorize to N. BANK advertise for bids for the Red River Atchafalaya LEVEE Bayou Boeuf, Aloha-Rigolette North Bank Levee Heights Deficiencies, State Project No. 40 PARA3302. On vote the motion carried.
Mr. Richard Billings recognized Mr. Reuben Ramos, Fire Chief of Cotile Volunteer Fire Department, Rapides Parish Fire District #8.
Chief Ramos, spoke about the Fire Department, the protection they provide and many other services.
Motion by Mr. Richard Vanderlick, seconded by Mr. Buck Lincecum to add the following item to the agenda.
A roll call vote was called to add the following item to the agenda and was as follows: YES NO Richard Billings Jamie Floyd Buck Lincecum Joe Bishop Theodore Fountaine Richard Vanderlick Ollie Overton REGULAR SESSION OCTOBER 10, 2011
Steve Coco Scott Perry On roll call vote the motion carried 9-0.
Motion by Mr. Richard Vanderlick, seconded CONGRAT by Mr. Buck Lincecum,to adopt a resolution COTILE VFD congratulating the Cotile Volunteer Fire Department for all of their efforts, labors and services that they have done for Cotile and the surrounding areas and authorize the President to sign same. On vote the motion carried unanimously.
Mr. Richard Billings recognized Mr. Randy Wiggins, candidate for State Representative, District 27.
Mr. Wiggins asked for the Police Jury’s support in his candidacy for Representative of District 26.
On motion by Mr. Buck Lincecum, seconded by Mr. Ollie Overton, to add the following item to the agenda.
A roll call vote was called to add the following item to the agenda 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 JUVENILE by Mr. Ollie Overton, to authorize the President to MENTAL HLTH sign the Juvenile Mental Health services contract SERVICES with the Louisiana Office of Mental Health for the CONTRACT Ninth Judicial District Court, in the amount of $424,049, as recommended by Judge Patricia Koch. On vote the motion carried.
There being no further business, motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, the meeting was adjourned at 4:02.
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