Public Meeting
Rapides Parish Police Jury
· 3:49 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
February 13, 2012 other
Open official PDF ↗ 37 pages sha256:bb9b31bafbb4…
The Police Jury of the Parish of Ra pides, State of Louisiana, met Regular Session at its regular meeting place, the Police Jury Room of Monday, February 13, 2012, at three (3:00) o’clock p.m. (Central Standard Time
There were present: Honorable Oliver Overton, President; Richard Vanderlick, Vice President; and Police Jurors Joe Bishop; Scott Perry, Jr.; Theodore Fountaine, Jr. ; Davron “Bubba” Moreau; Craig Smith; Richard Billings; and Sean McGlothlin.
Also present were Mr. Tim Ware, Treasurer; Mr. Denni s Woodward, Public Works Director; Ms. Donna Andries, Sales Tax Administrator; Mr. Shane Trapp, Courthouse and Jail Building Superintendent; Chief Randy McCain, Fire District No. 2; Ms. Linda Sanders, Civil Service Director; Mr. Thomas O. Wells, Legal Coun sel; and Ms. Angela T. Voss, Parish Secretary.
The invocation was given by Mr. Richard Billings.
The Pledge of Allegiance was led by Mr. Theodore Fountaine.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Oliver Overton, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any Public Comment on any Agenda Item, to which there was no response.
On motion by Mr. Richard Vanderlick, seconded by Mr. Bubba Moreau, to adopt the minutes of Rapides Parish Police Jury held in Regular Session on January 9, 2012, and in Special Session on January 3, 2012, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Joe Bishop, that approved bills be paid. On vote the motion carried.
On m otion to Mr. Joe Bishop, seconded by Mr. Richard Billings, to accept the T reasurer’s Report. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to a ppoint Mr. T.C. Barfield to the Cheneyville Recreation District, for a five (5) year term to fill the expired term of the late Mr. Moses Barf ield, term will ADOPT MINUTES
PAY BILLS
TREAS REPORT
APPOINT
CHENEY REC DIST
T.C. BARFIELD
expire February 13, 2017. On vote the motion carried.
Mr. Joe Bishop laid over the a ppointment to the Esler Industrial Development Area Advisory Board, representing District B, for a five year term to fill the expired term of the late Mayo r Fred Baden, representing District B, term expired on January 8, 2011.
Mr. Theodore Fountaine laid over the a ppointment to the Board on the Code of Ethics, to fill the expired term of Mr. James Williams, for a one year term, term expired September 13, 2011.
Mr. Theodore Fountaine laid over the a ppointment to the Board on the Code of Ethics, for a one year term, to fill the expired term of Mr. Robert Perry, term expired November 14, 2011.
Mr. Richard Billings laid over the a ppointment to the Fire District No. 7 Civil Service Board to fill the expiring term of Mr. Jason Cannon for a three year term, term expired January 7, 2012.
On m otion by Mr. Sean McGlothl in, seconded by Mr. Richard Billings, to purchase a new vehicle for the Rapides Parish Police Jury President under the State of Louisiana 2012 Vehicle Contract, in an amount not to exceed $25,000.00 and authorize the transfer of the President’s current veh icle (Asset No. 9995) to the Director of the Public Works Department, to be paid from General Fund. On vote the motion carried.
On m otion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to accept the update from Mr. Stephen Rogge on the Rapides Parish Library and annual report. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to allow participation in a public auction with various other public agencies to be held by Bonnette Auction Company on February 18, 2012 for the sale of surplus vehicles, equipment, etc., as recommended by the Treasurer and Purchasing Agent. On vote the m otion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to delete from the Rapides Parish Fire District #3 Asset/Inventory Program the following equipment as is was used as trade-in:
LAY OVER
ESLER IND DEV
LAY OVER
CODE OF ETHICS
LAY OVER
CODE OF ETHICS
LAY OVER
FD 7 CIVIL SERV
PURCHASE PRES
NEW VEHICLE
TRANSFER OLD
TO PUBLIC
WORKS DIRECTOR
ACCEPT LIBRARY
REPORT
PARTICIPATION
PUBLIC AUCTION
BONNETTE
DELETE ASSETS
FD 3
Asset Number Description Purchase Date Disposal 5700 30” Ram Jaws of Life 12/16/1988 Trade-In On vote the motion carried. On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to delete from the Rapides Parish Highway Asset/Inventory Program the following equipment as they are no longer suitable for public use: DELETE ASSETS HIGHWAY DEPT
Asset Number Description Purchase Date Disposal 6762 Generator 1994 Auction 6364 Freon-Recycle System 1992 Auction 9163 Charger 2002 Auction 6723 1981 – Truck 1993 Auction 9990 John Deere Loader 2006 Auction 6461 Ford Tractor 1993 Auction 5751 Pneumatic Jack 1989 Scrap 9997 Pressure Washer 2006 Scrap 2957 Service Jack 1971 Scrap On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to accept Hardship Application of Michael McMullen for all weather access to a public road from his home pending proper certification. On vote the motion carried.
On m otion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to authorize legal counsel to file suit against Michael Parent in violation of Ordinance Section 13-3 et seq. On vote the motion carried.
On m otion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to authorize legal counsel to proceed by filing suit in all matters involving the trash ordinances. On vote the motion carried.
ACCEPT
HARDSHIP APP
- M. MCMULLEN
FILE SUIT
MICHAEL PARENT
AUTHORIZE
LEGAL COUNSEL
FILE SUITS INVOL
TRASH
ORDINANCES
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to adopt the following resolution: SALES TAX BOND
RESOLUTION
A resolution providing for the incurring of debt and issuance of Seven Hundred Twenty -Five Thousand Dollars ($725,000) of Public Improvement Sales Tax Bonds, Series 2012, of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and pla ce of payment of said Bonds; providing for the payment there of in principal and interest; authoriz ing the agreement with the Paying Agent; and providing for other matters in connection therewith.
WHEREAS, the Parish of Rapides, State of Louisiana (the "Issuer"), is now levying and collecting a special one percent (1%) sales and use tax pursuant to an election held on September 19, 1967 (the "1967 Tax"), at which election the following proposition was approved by a majority of the qualified electors voting in such election, viz:
PROPOSITION
Shall the Parish of Rapides, State of Louisiana (under the authority of R.S. 33:2721 to R.S. 33:2734, inclusive), be authorized to levy and collect within said Parish a tax of one per cent (1%) 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, as presently defined in R.S. 47:301 to 47:317, inclusive, with the avails or proceeds of said tax (a fter paying reasonable and necessary costs and expenses of collecting and administering the tax) to be allocated and divided between the Parish of Rapides, the Parish School Board of the Parish of Rapides, and incorporated municipalities in the Parish of R apides on a percentage basis as follows:
- (i) 9% to the Police Jury of the Parish of Rapides as the governing authority of the Parish (ii) 50% to the Parish School Board of the Parish of Rapides (iii) 33% to the City of Alexandria (iv) 5% to the City of Pineville
- (v) .5520% to the Town of Boyce (vi) .5232% to the Town of Cheneyville (vii) .7302% to the Town of Glenmora (viii) .7497 to the Town of Lecompte (ix) .1311% to the Village of McNary
- (x) .1524% to the Village of Forest Hill (xi) .1614% to the Village of Woodworth and shall the aforesaid political subdivisions dedicate and use the avails or proceeds of their respective allocations of the said tax for the purposes hereinafter set forth:
- (a) In the case of the Parish, for the purpose of constructing and maintaining public roads, highways and bridges and other capital improvements, paying salaries of Parish employees, and for any other lawful corporate purposes; with such tax proceeds to be subject to funding into bonds, in the m anner provided by R.S. 33:2721 to R.S. 33:2734, inclusive, for the purposes of paying all or any part of the costs of one or more capital improvements;
- (b) In the case of the Parish School Board, for the purpose of supplementing other revenues available to the School Board for the payment of salaries of teachers and other personnel employed by the School Board;
- (c) In the case of the incorporated municipalities (other than the City of Alexandria), for the lawful corporate purpose (including capital improvements), with the proceeds to be subject to funding into bonds in the manner provided by the laws of the State of Louisiana, for the purpose of paying all or any part of the cost of one or more capital improvements; provided, however, that any such bonds m ust be approved by the electors of the issuing municipality at an election held in such municipality in accordance with the provisions of R.S. 33:2721 to R.S. 33:2734, inclusive;
- (d) In the case of the City of Alexandria, for the purpose of paying general operating expenses of the City and paying salaries of City employees.
WHEREAS, the Issuer, rededicated the 1967 Tax pursuant to an election held on April 4, 2009 (the "2009 Tax"), at which election the following proposition was approved by a majority of the qualified electors voting in such election, viz:
PROPOSITION (SALES TAX REDEDICATION)
Summary: Authority to rededicate and distribute the proceeds of a parish wide 1% sales and use tax authorized at an election held on September 19, 1967, between the Parish, the Parish School Board and municipalities, setting forth the purposes for which the proceeds may be used including the funding of such proceeds into bonds by the Parish and the various municipalities. Shall the Parish of Rapides, State of Louisiana (the "Parish"), rededicate and distribute the proceeds received on and after July 1, 2009, from the levy and collection of a one percent (1%) sales and use tax authorized at an election hel d on September 19, 1967 (the “Sales Tax”) (an estimated $24,000,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) , after paying the reasonable and necessary costs and expenses of collecting and administering the Sales Tax, on a percentage basis as follows: (i) 9% to Rapides Parish; (ii) 50% to the Rapides Parish School Board; (iii) 32.2293% to the City of Alexandria; (iv) 5% to the City of Pineville; (v) .5520% to the Town of Boyce; (vi) .5232% to the Town of Cheneyville; (vii) .7302% to the Town of Glenmora; (viii) .7497% to the Town of Lecompte; (ix) .1311% to the Village of McNary; (x) .1524% to the Village of Forest Hill; (xi) .1614% to the Town of Woodworth (the “1967 Recipients”); and (xii) .7707% to the Town of Ball; and shall the Parish, the School Board and Alexandria continue to be authorized to expend their portions of the proceeds in the manner provided in the proposition of September 19, 1967, together with capital improvements in the case of Alexa ndria, and shall Alexandria and the Parish each be authorized to fund its portion of the proceeds into bonds in the manner and for the purposes permitted by the laws of Louisiana; and shall the remaining munici palities be authorized to use and expend their portions of the proceeds for any lawful corporate purpose with each of the remaining municipalities portions of the proceeds to be subject to funding into bonds in the manner provided by the laws of Louisiana, for the purpose of paying all or any part o f the cost of capital improvements; provided, however, that any such bonds must be approved by the electors of said issuing municipality as provided in the proposition of September 19, 1967?
(the 1967 Tax and 2009 Tax collectively referred to as the "Tax")
WHEREAS, pursuant to the authority of the aforesaid 1967 Tax election and 2009 Tax election, this Police Jury, acting as the governing authority of the Issuer, adopted resolutions on October 10, 1967 and April 13, 2009, providing for the levy and colle ction of the Tax (collectively, the Tax Resolution); and
WHEREAS, pursuant to the authority of the aforesaid elections and resolutions adopted by the Issuer, the Issuer is now levying and collecting the Tax; and
WHEREAS, in accordance with the provisions of the Tax Resolution, nine percent (9%) of the net avails or proceeds of the Tax, after the reasonable and necessary expenses of collection and administration thereof have been paid therefrom, shall be available for appropriation and expenditure by the Issuer solely for the purposes designated in the proposition authorizing the levy of the Tax, which includes the payment of bonds authorized to be issued in accordance with Louisiana law; and
WHEREAS, other than the Bonds herein authorized, the Issuer has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the Tax herein pledged, EXCEPT the outstanding Public Improvement Refunding Bonds, Series 2004 (the “Outstanding Parity Bonds”); and
WHEREAS, This Governing Authority has determined that all such terms and conditions specified in said Outstanding Parity Bond Resolution have been or will be complied with prior to the delivery of the Bonds and it is the express desire and intent of this Governing Authority that the Bonds be issued on a complete parity with the Outstanding Parity Bonds; and
WHEREAS, the Issuer now desires to incur debt and issue its Public Improvement Sales Tax Bonds, Series 2012, in the principal amount of Seven Hundred Twenty - Five T housand Dollars ($725,000) (the "Bonds"), pursuant to Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended and other constitutional and statutory authority, for the purpose of paying all or part of the cost of one or more capital improvements, title to which shall be in the public, and paying the costs of issuance thereof; and
WHEREAS, the maturities of the hereinafter described Bonds have been arranged so that the total amount of principal and interest falling due in any year on the Bonds and the Outstanding Parity Bonds will never exceed 75% of the Tax estimated to be received by the Issuer in the year in which the Bonds are issued; and
WHEREAS, it is the desire of the Issuer to fix the details necessary with respect to the issuance of the Bonds and to provide for the authorization and issuance thereof;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides State of Louisiana, acting as the governing authority of the Issuer, that:
SECTION 1. Definitions . As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Act" means Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended and other constitutional and statutory authority.
"Additional Parity Bonds" shall mean any additional pari passu bonds which may hereafter be issued pursuant to Section 10 hereof on a parity with the Bonds and the Outstanding Parity Bonds.
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
"Bond" or “Bonds” means the Issuer's Public Imp rovement Sales Tax Bonds, Series 2012, authorized by this Resolution, in the total aggregate principal amount of Seven Hundred Twenty -Five Thousand Dollars ($725,000), and any bond of said issue, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued.
"Bond Register" means the records kept by the Paying Agent at its principal corporate trust office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Code" means the Internal Revenue Code of 1986, as amended.
or Acting Secretary and Treasurer of the Governing Authority.
"Fiscal Year" means the one -year accounting period ending December 31st of each year, or such other period as may be designat ed by the Govern ing Authority as the fiscal year of the Issuer.
"Governing Authority" means the Police Jury of the Parish of Rapides, State of Louisiana, or its successor in function.
"Government Securities" means direct obligations of, or obliga tions the principal of and interest on which are uncondi tionally guaranteed by the United States of America, which are non -callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
"Interest Payment Date" means June 1 and December 1 of each year in which the Bonds are outstanding, commencing June 1, 2012.
"Issuer" means the Parish of Rapides, State of Louisiana.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
- Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
- Bonds for which payment suffi cient funds have been theretofore deposited in trust for the owners of such Bonds;
- Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution;
- Bonds alleged to have been mutilated, de stroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
- Bonds for the payment of the principal of and interest on which money or Government Securi ties or both are held in trust with the effect specified in this Resolution.
"Outstanding Parity Bonds" shall mean the Issuer's $113,000 of outstanding Public Improvement Refunding Bonds, Series 2004, maturing s erially December 1, 2012 and December 1, 2013, as described in the preamble hereto.
"Outstanding Parity Bond Resolution” shall mean resolution adopted by the Issuer on November 2, 2006, authorizing the issuance of the Outstanding Parity Bonds.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Whitney Bank, in the City of Baton Rouge, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
REGULAR MEETING
FEBRUARY 13, 2012
"Person" means any individual, corporation, partner ship, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means Whitney Bank, in the City of New Orleans, Louisiana, the original purchaser of the Bonds.
"Record Date" for the int erest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
“Revenues of t he Tax” shall mean the revenues from the Issuer's nine percent (9%) portion of the Tax.
"Tax" means the one percent (1%) sales and use tax authorized at the elections held within the corporate boundaries of the Issuer on September 19, 1967 and April 4, 2009, which revenues are authorized to be funded into bonds by the respective recipient bodies thereof.
"Tax Resolution" means collectively, the resolutions adopted by the Governing Authority on October 10, 1967 and April 13, 2009, providing for the levy a nd collection of the Tax.
SECTION 2. Authorization of Bonds; Maturities . In compliance with the terms and provisions of the Act, there is hereby authorized the incurring of an indebted ness of Seven Hundred Twenty -Five Thousand Dollars ($725,000) for, on behalf of, and in the name of the Issuer, for the purpose of paying all or part of the cost of one or more capital improvements, title to which shall be in the public, and to represent said indebtedness, this Governing Authority does hereby authorize th e issuance of Seven Hundred Twenty -Five Thousand Dollars ($725,000) of Public Improvement Sales Tax Bonds, Series 2012, of the Issuer. The Bonds shall be in fully registered form, shall be dated the date of delivery thereof, shall be issued in denomina tions corresponding to the principal amount of each maturity (one Bond per maturity), and shall be numbered from R -1 upward. The Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid o r duly provided for, payable on each Interest Payment Date, commencing June 1, 2012, at the following rate or rates of interest per annum and shall become due and payable and mature serially on December 1 of the years and in the amounts, as follows: Year Principal Interest Rate (Dec. 1) Amount Per Annum 2013 $15,000 2.18% 2014 80,000 2.18 2015 80,000 2.18 2016 85,000 2.18 2017 85,000 2.18 2018 90,000 2.18 2019 95,000 2.18 2020 95,000 2.18 2021 100,000 2.18
The principal of the Bonds upon maturity shall be payable at the principal office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check of the Paying Agent mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
No Bond shall be entitled to any right or benefit under this Resolution or be valid or obliga tory for any purpose, unless there appears on such Bond a certificate of registra tion, REGULAR MEETING FEBRUARY 13, 2012
substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3. Redemption Provisions . The Bonds maturing on December 1, 2018, and thereafter, shall be callable for redemption by the Issuer in full or in part at any time on or after December 1, 2017, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption. Bonds are not
required to be redeemed in inverse order of maturity.
In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Any Bond which is to be redeemed only in part shall be surrendered at the principal corpo rate trust office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 4. Registration and Transfer . The Issuer shall cause the Bond Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registra tion shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in an authorized denomination of the same maturity and like principal.
SECTION 5. Form of Bonds . The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to-wit:
NO. R-___________ PRINCIPAL AMOUNT $___________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF RAPIDES
PUBLIC IMPROVEMENT SALES TAX BOND, SERIES 2012 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA
Bond Maturity Interest Date Date Rate
__________, 2012 December 1, ____ 2.18%
REGULAR MEETING
FEBRUARY 13, 2012
The Parish of Rapides, State of Louisiana (the “Issuer”), promises to pay, but solely from the source and as hereinafter provided, to:
WHITNEY BANK
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on June 1 and December 1 of each year, commenc ing June 1, 2012 (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid. The principal of this Bond, upon maturity, is payable in lawful money of the United States of America at the principal office of Whitney Bank, in the City of Baton Rouge, Louisiana, or successor thereto (the "Paying Agent"), upon presentation and surrender hereof. Interest on this Bond is payable by check mailed by the Paying Agent to the registered owner (deter mined as of the close of business on the 15th calendar day of the month next preceding each Interest Payment Date) at the address as shown on the registration books of the Paying Agent.
This Bond is one of an authorized issue aggregat ing in principal the sum of Seven Hundred Twenty-Five Thousand Dollars ($725,000) of Public Improvement Sales Tax Bonds, Series 2012, of the Issuer (the "Bonds") all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on February 13, 2012 (the "Resolution"), for the purpose of paying all or part of the cost of one or more capital improvements, title to which shall be in the public, under the authority conferred by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (R.S. 39:1430), and other constitutional and statutory authority, pursuant to all requirements therein specified, including the authorization of a majority of the qualified electors voting at elections held on September 19, 1967 and April 4, 2009, the result of which elections has been duly promulgated in accordance with law.
The Bonds maturing on December 1, 2018, and thereaf ter, are callable for redemption by the Issuer in full or in part at any time on or after December 1, 2017, and if less than a full maturity then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption. Bonds are not required to be redeemed in inverse order of maturity. In the event any Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemption date addressed to the registered owner of each Bond to be re deemed at his address as shown on the registration books of the Paying Agent.
The Issuer shall cause to be kept at the principal office of the Paying Agent a register (the "Bond Register") in which registration of the Bonds and of transfers of the Bonds shall be made as provided in the Resolution. This Bond may be transferred, registered and assigned only on the Bond Register, and such registra tion shall be at the expense of the Issuer. This Bond may be assigned by the execution of the assignment form hereon or by other instrument of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for this transferred and assigned Bond after receipt of this Bond to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register the transfer of, or exchange any Bond during a period beginning at the opening of business on the 15th calendar day of the month next preceding an Interest Payment Date and ending at the close of business on the Interest Payment Date.
This Bond and the issue of which it forms a part are issued on a complete parity in all respects with the Issuer's Public Improvement Refunding Bonds, Series 2004 (the "Outstanding Parity Bonds"). It is certified that the Issuer, in issuing this Bond and the issue of which it f orms a part, has complied with all the terms and conditions set forth in the resolution authorizing the issuance of the Outstanding Parity Bonds.
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FEBRUARY 13, 2012
This Bond and the issue of which it forms a part, equally with the Outstanding Parity Bonds, are payable solely from and secured by an irrevocable pledge and dedication of the Issuer's nine percent (9%) allocation of the avails or proceeds of the special one percent (1%) sales and use tax now being levied and collected by the Issuer pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, and in compliance with elections held in the Issuer on September 19, 1967 and April 4, 2009 (collectively, the “Tax”), subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax. This Bond constitutes a borrowing solely upon the credit of the Revenues of the Tax received by the Issuer and does not constitute an indebtedness or pledge of the general credit of the Issuer within the meaning of any constitutional or statutory provisions relating to the incurring of indebtedness. The Issuer has covenanted and agreed and does hereby covenant and agree to continue to levy the Tax for the full period of its authorization and not discontinue or decrease or permit to be discontinued or decreased the Tax in anticipation of the collection of which this Bond and the issue of which it forms a part have been issued, nor in any way make any change whi ch would diminish the amount of said Revenues of the Tax pledged to the payment of the Bonds, until all of the Bonds have been paid in principal and interest. For a complete statement of the revenues from which and conditions under which this Bond is issued, reference is hereby made to the Resolution.
This Bond shall not be valid or become obligato ry for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitu tion and statutes of this State. It is further certified, recited and declared that all acts, conditions and things re quired to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
IN WITNE SS WHEREOF, the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in its name by the facsimile signatures of its President and Secretary and a facsimile of its cor porate seal to be imprinted hereon.
PARISH OF RAPIDES,
STATE OF LOUISIANA
(facsimile) (facsimile) Secretary President
(SEAL)
REGULAR MEETING
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(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION - TO BE PRINTED ON ALL BONDS)
This Bond is one of the Bonds referred to in the within mentioned Bond Resolution.
WHITNEY BANK
Baton Rouge, Louisiana as Paying Agent
Date of Registration: _____________, 2012 By: Authorized Officer
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
Please Insert Social Security or other Identifying Number of Assignee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: NOTICE: The signature to this assign ment must corre - spond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.
(FORM OF LEGAL OPINION CERTIFICATE-
TO BE PRINTED ON ALL BONDS)
I, the undersigned Secretary of the Police Jury of the Parish of Rapides, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of the original bonds of the issue described therein and was delivered to the original purchaser thereof:
(LEGAL OPINION TO BE INSERTED)
I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.
(facsimile) Secretary
REGULAR MEETING
FEBRUARY 13, 2012
SECTION 6. Execution of Bonds . The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signa - tures and corporate seal may be either manual or facsimile.
SECTION 7. Fidelity Bonds for Officers and Employees . So long as any of the Bonds are outstanding and unpaid, the Issuer shall require all of its officers and employees who may be in a position of authority or in possession of money derived from the collection of the Tax, to obtain or be covered by a blanket fidelity or faithful performance bond, or independent fidelity bonds written by a responsible indemnity company in amounts adequate to protect the Issuer from loss.
SECTION 8. Pledge of Sales Tax Revenues . The Bonds and the Outstanding Parity Bonds, shall be secured by and payable in principal and interest solely from an irrevocable pledge and dedication of the Revenues of the Tax, subject only to the pri or payment of the reasonable and necessary costs and expenses of collecting and administering the Tax,. The Revenues of the Tax are hereby irrevocably and irrepealably pledged and dedicated in an amount sufficient for the payment of the Bonds and the Outs tanding Parity Bonds, in principal and interest, as they shall respectively become due and payable, and for the other purposes hereinafter set forth in this Resolution. In compliance with the Tax Resolution, all of the Revenues of the Tax shall be set asi de, as provided in the Outstanding Parity Bond Resolution and as herein provided and shall be and remain pledged for the security and payment of the Bonds and the Outstanding Parity Bonds in principal and interest and for all other payments provided for in this Resolution until the Bonds and the Outstanding Parity Bonds shall have been fully paid and discharged.
SECTION 9. Outstanding Parity Bonds . The Bonds shall be and the same are hereby issued on a pari ty with the Outstanding Parity Bonds, and the Bonds shall rank equally with and shall enjoy complete parity of lien with the Outstanding Parity Bonds on the Revenues of the Tax or other funds specially applicable to the payment of said bonds, including funds established by the Outstanding Parity Bond Resolution.
This Governing Authority does hereby find determine and declare that the Issuer has complied, or will comply prior to the delivery of the Bonds, with all of the terms and conditions set forth in th e Outstanding Parity Bond Resolution, with respect to authorizing the issuance of the Bonds on a parity with the Outstanding Parity Bonds.
SECTION 10. Additional Parity Bonds . All of the Bonds shall enjoy complete parity of lien on the avails or proceeds of the Tax despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. The Issuer, acting through its governing authority, hereby covenants that it will issue no other bonds or obligations of any kind or natur e payable from or enjoying a lien on the Revenues of the Tax having priority over or parity with the Bonds, except that bonds may hereafter be issued on a parity with the Bonds under the following conditions:
The Bonds herein authorized or any part ther eof, including the interest thereon, may be refunded, and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Bonds refunded; provided, however, that if only a portion of the Bonds outstanding is so refunded and the refunding bonds require total principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the Bonds refunded thereby, then such Bonds may not be refunded without the consent of the Owner of the unrefunded portion of the Bonds issued hereunder (provided such consent shall not be required if such refunding bonds meet the requirements set forth in clause 2 of this Section).
Additional Parity Bonds may also be issued, and such Additional Parity Bonds shall be on a parity with the Bonds if all of the following conditions are met:
REGULAR MEETING
FEBRUARY 13, 2012
- (i) The average annual revenues derived by the Issuer from the Revenues of the Tax when computed for the two (2) completed calendar years immediately preceding the issuance of the additional bonds must have been not less than two (2) times the highest combined principal and interest requirements for any succeeding calendar year period on all bonds then outstanding, including any " pari passu" additional bonds theretofore issued and then outstanding and any other bonds or other obligations whatsoever then outstanding which are payable from the Revenues of the Tax (but not including bonds which have been refunded or provision otherwise made for their full and complete payment and redemption) and the bonds so proposed to be issued, provided that the required coverage ratio may be reduced from a minimum of two times coverage to a minimum of one and one -third (1 -1/3) times coverage if a debt service reserve fund containing at least the lesser of (i) 10% of the original principal amount of the Bonds, the Outstanding Parity Bonds and such Additional Parity Bonds, or (ii) the maximum combined principal and interest requirements in any succeeding bond year on the Bonds, the Outstanding Parity Bonds and such Additional Parity Bonds is established and provisions are made that it be fully funded within five (5) years of the issuance of the Additional Parity Bonds
(ii) The payments to be made into the various funds provided for in Section 11 hereof must be current;
(iii) The existence of the facts required by paragraphs (i) and (ii) above must be confirmed by the Treasurer of the Issuer, or by an independent firm of certified public accountants who have previously audited the books of the Issuer or by such successors thereof as may have been employed for that purpose;
(iv) The Additional Parity Bonds must be payable as to principal on December 1 of each year in wh ich principal falls due, beginning not later than three (3) years after the date of such bonds, and payable as to interest on June 1 and December 1 of each year;
- (v) No Additional Parity Bonds may be issued should any event of default under the Resolution have occurred and be continuing.
SECTION 11. Flow of Funds . In order that the principal of and the interest on the Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Issuer further covenants as follows:
As more fully provided in the Tax Resolution, all of the avails or proceeds of the Tax shall be deposited promptly as collected in a "Sales Tax Fund", and monthly on or about the 30 th day of each month, after the reasonable and necessar y costs and expenses of collection and administration of the Tax have been paid, the remaining balance (which shall be retained as operating capital) shall be transferred to the named political subdivisions (as stated in the April 4, 2009 Election) in the amounts available for distribution.
All of the Revenues of the Tax shall promptly upon allocation and distribution as provided above, be transferred or deposited with the regularly designated fiscal agent of the Issuer in a separate and special bank account known and designated as "Sales Tax and Bond Fund", and said Sales Tax and Bond Fund shall be maintained and administered in the following order of priority and for the following express purposes:
Out of the funds on deposit in the Sales Tax and Bond Fund, the Issuer shall first pay all reasonable and necessary expenses of collection and administration of the Tax. After payment of such expenses the remaining balance of the proceeds of REGULAR MEETING FEBRUARY 13, 2012
the Tax shall be used in the following order of priority and for the following express purposes:
- (a) The maintenance of the "Sales Tax Bond Debt Service Fund" (the “Debt Service Fund"), sufficient in amount to pay promptly and fully the principal of, premium, if any, and the interest on the Bonds and the Outstanding Parity Bonds, herein authorized, including any pari passu bonds issued hereafter in the manner provided by this Resolution, as they severally become due and payable, by transferring from the Sales Tax Fund to the regularly designated fiscal agent of the Issuer, monthly in advance on or before the 20th day of each month of each year, a sum equal to one-sixth (1/6) of the interest falling du e on the next Interest Payment Date and one -twelfth (1/12) of the principal falling due on the next principal payment date, for the period from March, 2012 through May 2012, a sum equal to one -third of the interest falling due on June 1, 2012 on the Bonds, one-sixth of the interest falling due on June 1, 2012 on the Outstanding Parity Bonds and one -twelfth of the principal falling due on the Outstanding Parity Bonds; for the period from June, 2012 through November, 2012, a sum equal to one -sixth of the inte rest falling due and one-twelfth of the principal falling due on December 1, 2012; and thereafter, together with such additional proportionate sum as may be required to pay said principal and interest as the same respectively become due. Said fiscal agent shall transfer from the Debt Service Fund to the paying agent bank or banks for all bonds payable from the Debt Service Fund, at least one (1) day in advance of the date on which payment of principal or interest falls due, funds fully sufficient to pay promptly the principal and interest so falling due on such date.
All or any part of the moneys in the Sales Tax and Bond Fund and the Debt Service Fund shall, at the written request of the Issuer, be invested in Qualified Investments, herein defined. All income derived from such Qualified Investments shall be added to the Sales Tax and Bond Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sales Tax and Bond Fund was created.
All moneys remaining in the Sales Tax and Bond Fund on the 20th day of each month in excess of all reasonable and necessary expenses of collection and administration of the Tax and after making the required payments into the Debt Service Fund for the current month and for prior months during which the required payments may not have been made, shall be considered as surplus. Such surplus may be used by the Issuer for any of the purposes for which the Tax is authorized or for the purpose of retiring Bonds in advance of their maturities, either by purchase of Bonds then outstanding at prices not greater than the then redemption prices of said Bonds, or by redeeming such Bonds at the prices and in the manner set forth in this Resolution.
The Sales Tax and Bond Fund and the Debt Service Fund provided for in this Section shall all be and constitute trust funds for the purposes provided in this Resolution, and the Owners of Bonds issued pursuant to this Resolution are granted a lien on all suc h funds until applied in the manner provided herein. The moneys in such funds shall at all times be secured to the full extent thereof by the bank or trust company holding such funds in the manner required by the laws of the State of Louisiana.
No debt service reserve fund is required by the Purchaser, and accordingly none is being established in connection with the issuance of the Bonds. A debt service reserve fund may be established in connection with the issuance of Additional Parity Bonds, under the conditions set forth in Section 10(i).
SECTION 12. Issuer Obligated to Continue to Collect Tax . The Issuer recognizes that the governing authority of the Issuer is bound under the terms and provisions of REGULAR MEETING FEBRUARY 13, 2012
law, to levy, impose, enforce and collect the Tax and to provide for all reasonable and necessary rules, regulations, procedures and penalties in connection therewith, including the proper application of the proceeds of the Tax, until all of the Bonds and the Outstanding Parity Bonds have been retired as to both principal and interest. Nothing herein contained shall be construed to prevent the Issuer from altering, amending or repealing from time to time as may be necessary the resolutions adopted providing for the levying, imposition, enforcement and c ollection of the Tax or any subsequent resolution providing therefor, said alterations, amendments or repeals to be conditioned upon the continued preservation of the rights of the Owners with respect to the revenues from the Tax. The resolutions imposing the Tax and pursuant to which the Tax is being levied, collected and allocated, and the obligation to continue to levy, collect and allocate the Tax and to apply the revenues therefrom in accordance with the provisions of this Resolution, shall be irrevocable until the Bonds a and the Outstanding Parity Bonds have been paid in full as to both principal and interest, and shall not be subject to amendment in any manner which would impair the rights of the Owners from time to time of the Bonds and the Outs tanding Parity Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon. More specifically, neither the Legislature of Louisiana nor the Issuer may discontinue or decrease the Tax or permit to be discontinued or decreased the Tax in anticipation of the collection of which the Bonds and the Outstanding Parity Bonds have been issued, or in any way make any change in such Tax which would diminish the amount of the sales tax revenues to be received by the Issuer, until all of such Bonds and the Outstanding Parity Bonds shall have been retired as to both principal and interest.
SECTION 13. Covenants of the Issuer . In providing for the issuance of the Bonds, the Issuer does hereby covenant that it has a legal ri ght to levy and collect the Tax, to issue the Bonds and to pledge the Revenues of the Tax as herein provided, and that the Bonds will have a lien and privilege on the Revenues of the Tax as herein provided.
SECTION 14. Issuer to Maintain Books and Records . So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other records and accounts in which shall be made full and correct entr ies of all transactions relating to the collection and expenditure of the Revenues of the Tax, including specifically but without limitation, all reasonable and necessary costs and expenses of collection. Not later than six (6) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State of Louisiana (or his successor) or by a recognized independent firm of certified public accountants showing the receipts of and disbursements made for the account of the aforesaid Sales Tax Fund. Such audit shall be available for inspection upon request by the Owners of any of the Bonds. The Issuer further agrees that the Paying Agent and the Owners of any of the Bonds shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Tax.
SECTION 15. Application of Proceeds . The Executive Officers are hereby empowered, authorized and directed to do any and all things necess ary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds, except accrued interest, shall be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Debt Service Fund to be applied to the first interest payment.
SECTION 16. Bonds Legal Obligations . The Bonds shall constitute legal, binding and valid obliga tions of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 17. Resolution a Contract . The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds, and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amend ment of this Resolution, or of any Resolution amendatory hereof or supple mental hereto, may be made without the consent in writing of the REGULAR MEETING FEBRUARY 13, 2012
Owners of two -thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modifica tion or amendment shall permit a change in the maturity provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the revenues appro priated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of the Owners of the Bonds.
SECTION 18. Severability; Application of Subsequently Enacted Laws . In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other p rovisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which vali date or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 19. Recital of Regularity . This Governing Authority having investi - gated the regularity of the proceedings had in connection with the Bonds and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."
SECTION 20. Effect of Registration . The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is regis tered as the Owner of such Bond for the purpose of receiv ing payment of the principal of and interest on such Bond and for all other purposes whatsoev er, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 21. Notices to Owners . Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and ma iled, first-class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 22. Cancellation of Bonds . All Bonds surrendered for payment, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be prompt ly canceled by it and, if surrendered to the Issuer, shal l be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 23. Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon it s request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate REGULAR MEETING FEBRUARY 13, 2012
and principal amou nt, bearing a number not contempor aneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under thi s Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, de stroyed, lost or stolen bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agree ment, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, de stroyed, lost or stolen Bonds.
SECTION 24. Discharge of Resolution; Defeasance . If the Issuer shall pay or cause to be paid, or there shall other wise be paid to the Owner, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all cove nants, agreements, and other obligations of the Issuer to the Owner shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest install ments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they are defeased in the manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
SECTION 25. Successor Paying Agent; Paying Agent Agreement . The Issuer will at all times maintain a Paying Agent meeting the qualifica tions hereinafter described for the performance of the duties hereunder for the Bonds. The designa tion of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserve s the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of an ordinance or resolution giving notice of the termination of the Agreement and appointing a successor and (b) causing notice t o be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust power s, and subject to supervi sion or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropri ate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisf actory to said officers, the signatures of said officers on such Agreement to be conclu sive evidence of the due exercise of the authority granted hereunder.
SECTION 26. Arbitrage . The Issuer 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 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 Bonds under the Code. The Issuer 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 Bonds or any other funds of the Is suer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
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The Executive Officers are hereby empow ered, authorized and directed to take any and all action and to execute and deliver any instrument, document or bond necessary to effectuate the purposes of this Section.
SECTION 27. Disclosure Under SEC Rule 15c2- 12. It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c -2-12(b) of the Securities and Exchange Commission [17 CFR §240.15c2- 12(b)], because:
- (a) the Bonds are not being purchased by a broker, dealer or municipal securities dealer acting as an underwriter in a primary offering of municipal securities; and
- (b) the Bonds are being sold to only one financial institution (i.e., no more than thirty-five persons), which (i) has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment in the Bonds and (ii) is not purchasing the Bonds for more than one account or with a view to distributing the Bonds.
SECTION 28. Designation Concerning "Qualified Tax -Exempt Obligations" . The Bonds are designated as "qualified tax -exempt obligations" within the meaning of Section 265(b)(3)(B)of the Code. In making this designation, the Issuer finds and determines that:
- (a) the Bonds are not "private activity bonds" within the meaning of the Code; and
- (b) the reasonably anticipated amount of qualified tax -exempt obligations which will be issued by the Issuer and all subordi nate entities in calendar year 2012 does not exceed $10,000,000.
SECTION 29. Award of Bonds . The Issuer hereby accepts the offer of the Purchaser to purchase the Bonds, attached as Exhibit "A" hereto. The Bonds shall be delivered to the Purchaser upon the payment of the principal amount thereof.
SECTION 30. Publication . A copy of this Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer.
SECTION 31. Headings . The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 32. Effective Date . This Resolution shall become effective immediately.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Per ry, Jr., Sean McGlothlin, Theodore Fountaine, Jr.
NAYS: None
ABSENT: None
And the resolution was declared adopted on this, the 13th day of February, 2012.
/s/ Angela Voss /s/ Oliver Overton, Jr. Parish Secretary President
REGULAR MEETING
FEBRUARY 13, 2012
On motion by Mr. Theodore Fountaine, seconded by Mr. Joe Bishop, to recognize Mr. Jerry Osborne. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to enter into an intergovernmental agreement with the Town of Woodwor th for the construction of a road not to exceed $500,000.00 to be paid from Road District 2C Maintenance. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize the Treasurer to amend all budgets to refl ect the actual beginning balances for 2012. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize the Treasurer to amend the Road District Budgets to reflect the new percentages by District due to re apportionment. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to distribute the reseal funds for 2012 ($200,000.00) by road miles per District. On vote the motion carried.
On m otion by Mr. Bubba Moreau, secon ded by Mr. Richard Billings, to accept the Public Works Director’s Report. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to approve three (3) duplexes on Lot 13 of Therese Estates for rental property only and contingent on legal counsel’s approval. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize change order No. 3 on the Cloverdale/Grundy-Cooper SWFC Project Phase II, State Project No. 576 -40-0015(332) in order to reduce the number of Temporary Sediment Check Dams (Hay) from 8 to 5 at a decreased cost of $750.00 as recommended by Project Engineer and Public Works Director. On vote the motion carried.
RECOGNIZE
JERRY OSBORNE
BOND COUNSEL
ENTER IGA W/
WOODWORTH
ROAD
CONSTRUCTION
AUTHORIZE
TREAS TO AMEND
ALL BUDGETS
AUTHORIZE
TREAS TO AMEND
ROAD DISTRICT
BUDGETS
DISTRIBUTE 2012 RESEAL FUNDS
ACCEPT PUBLIC
WORKS REPORT
APPROVE
THERESE ESTATES
RENTAL
PROPERTY
AUTHORIZE
CHANGE ORDER
NO. 3
CLOVERDALE /
GRUNDY-COOPER
REGULAR MEETING
FEBRUARY 13, 2012
On m otion to by Mr. Bubba Mor eau, seconded by Mr. Richard Billings, to adopt the following resolution: FINAL ACCEPT GRUNDY-COOPER
RESOLUTION
WHEREAS, the Rapides Parish Police Jury contracted with WL Bass Construction, Inc. to complete State Project No. 576- 40-0015 (332) Flood Control Improvements Cloverdale & Grundy Cooper Subdivision Phase II - Improvements to (Phase II of State Project No. 576 -400015 (332) in accordance with the current bid laws of the State of Louisiana, including, but not limited to R.S. 38:2211 et seq; and
WHEREAS, the contract between the Rapides Parish Police Jury and W L Bass Construction, Inc. has been successfully completed.
NOW, THEREFORE, BE IT RESOLVED by the Rapides Parish Police Jury , in regular session, assembled on this 13th day of February, 2012, that the contract is hereby accepted by the
/s/ Angela Voss /s/ Oliver Overton, Jr. Parish Secretary President
On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to approve Change Order No. 1 with Artec Construction & Design, LLC for the repairs to the Kincaid Lake Outflow Gate Repair Project and the Indian Creek Outflow Gate Repair Project (FP&C Project No. 50J40-02-01) to extend the contract completion date to April 6, 2012 due to scheduling issues and material availability, as recommended by Steve Fontenot, Project Engineer and the Public Works Director, subject to approval by the State of Louisiana Facility Planning & Control, and authorize the President to sign all necessary documents. On vote the motion carried.
The following resolution was offered by Mr. Bubba Moreau and seconded by Mr. Richard Billings: REPAIRS TO KINCAID LAKE OUTFLOW GATE INDIAN CREEK OUTFLOW GATE
TAX ELECTION
KOLIN RUBY WISE
WATERWORKS
RESOLUTION
A resolution approving the holding of an election in Kolin- Ruby Wise Waterworks District No. 11A of the Parish of Rapides, State of Louisiana, on Saturday, April 21, 2012, to authorize the renewal of a special tax therein.
WHEREAS, the Board of Commissioners of Kolin -Ruby Wise Waterworks District No. 11A of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Kolin-Ruby Wise Waterworks District No. 11A of the Parish of Rapides, State of Louisiana (the "District"), adopted a resolution on January 30, 2012, calling a special election in the District on Saturday, April 21, 2012, to authorize the renewal of a special tax therein; and
WHEREAS, the governing authority of the District has requested that this Police Jury, acting as the governing authority of the Parish of Rapides, State of Louisiana, give its REGULAR MEETING FEBRUARY 13, 2012
consent and authority for the District to hold the aforesaid election, and in the event that the election carries to continue to levy and collect the special tax provided for therein; and
WHEREAS, as required by Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve the holding of said election and in the event that the election car ries, to continue to levy and collect the special tax provided for therein;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of said Parish, that: SECTION 1. In compliance w ith the provisions of Article VI, Section 15 of the constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of Kolin -Ruby Wise Waterworks District No. 11A of the Parish of Rapides, State of Louisiana, this Police Jury hereby approves the holding of an election in the District, on Saturday, April 21, 2012, at which election there will be submitted the following proposition, towit:
KOLIN-RUBY WISE WATERWORKS DISTRICT NO. 11A MILLAGE CONTINUATION PROPOSITION
SUMMARY: 10 YEAR, 4.53 mills tax continuation election for paying the cost of constructing, maintaining and operating the waterworks system in the district.
Shall Kolin -Ruby Wise Waterworks District No. 11A of the Parish of Rapides, State of Louisiana (the "District"), continue to levy and collect a special tax of four and fifty -three hundredths (4.53) mills on all property subject to taxation within the Distr ict for a period of ten (10) years, beginning with the year 2013 and ending with the year 2022, (an estimated $107,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for the purpose of paying the cost of constructing, maintaining and operating the waterworks system in said District, said millage to represent a seventeen hundredths (.17) mill increase over the 4.36 mills tax authorized to be levied through the year 2012 pursuant to an election held on May 5, 2001?
SECTION 2. In the event the election carries, this Police Jury does hereby further consent to and authorize the District to continue to levy and collect the special tax provided for therein. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin, Theodore Fountaine, Jr. NAYS: None ABSENT: None And the resolution was declared adopted on this, the 13 th day of February, 2012.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to add two hundred thirty -five (235) feet to the north end of Samantha Drive (Ward 10, District A) in addition to the seventy-five (75) feet added on April 11, 2011, all of which is located within the existing fifty foot right-of-way as recommended by the Public Works Director. On vote the motion carried.
ADDITION TO
SAMANTHA DR
REGULAR MEETING
FEBRUARY 13, 2012
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to contract with Pan American Engineers, Inc. to prepare plans and specifications for the reconstruction of the Donahue Ferry Road from Louise Drive to La Hwy 116 for construction through the Metropolitan Planning Organization Transportation Improvement Program to be paid out of Ward 10 District C funds as recommended by the Public Works Director. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to request that the Louisiana Department of Transportation and Deve lopment remove State Project No. 713-40-0102, Bridge Structure No. P40-31083-922541, Chickamaw Road Bridge over Lamourie Bayou, State Project No. 713 -40-0111, Structure No. P40- 3118792380-1, Cruikshank Road Bridge over Rapides Bayou, and State Project No . 713 -40-0112, Structure No. P4031013-92174-1, Avenue B Bridge over Bayou Boeuf from the schedule of bridges to be replaced through the Louisiana Off -System Bridge Replacement Program so that those funds can be used to fund other bridge replacement projec ts in Rapides Parish as recommended by the Public Works Director. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize the President of the Rapides Parish Police Jury to send a letter to the appropriate authorities with the Louisiana Department of Transportation and Development requesting that the grass, weeds, and debris be removed from the raised median on US Hwy 71 in Tioga and that the median be repainted. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize Melissa Becker with the Rapides Area Planning Commission to work with Kisatchie-Delta Regional Planning to obtain recreation equipment for Cotile Lake Recreation Area. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize to advertise for bids for the following: creosote bridge material, various road material (gravel, lightweight aggregate and pit run), and reinforced concrete pipe for annu al contracts; various bituminous material (hot & cold mix), tank car culverts and liquid asphalt (CRS2 and MC-30) for a six month contract, to be paid from Road and Bridge Funds and various maintenance funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried. CONTRACT PAN AMERICAN RECONSTRUCTION DONAHUE FERRY WARD 10
REMOVE PROJECT
ROAD BRIDGE
CHICKAMAW
CRUIKSHANK RD
AVENUE B
AUTHORIZE LTR
TO DOTD RE: GRASS/WEEDS HWY 71 TIOGA
OBTAIN REC
EQUIP FOR COTILE
LAKE REC AREA
ADVERTISE BIDS
BRIDGE & ROAD
MATERIALS
REGULAR MEETING
FEBRUARY 13, 2012
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to abandon the right -of-way for the undeveloped boat ramp between Lots 11 and 12 of the Lakeland Subdivision located in the southwest ¼ of Section 25, Township 4 North, Range 4 West, Rapides Parish, Louisiana per plat prepared by Smith, Fontenot & Phillips, LLC dated January 26, 2012 as recommended by the Public Works Director. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconde d by Mr. Richard Billings, to authorize change order no. 1 on the Bayou Rigolette Bridge Replacement in order to reduce the number of 18” Pre -cast Concrete Piles by 240 feet, reduce the Removal of Class II Limestone Base by 122 sq. yds., add 205 tons of As phalt Pavement (3” thick) at $120.00 per ton, add 1,495 sq. yds. Soil Cement Base (12” thick) at $10.00 per sq. yd., and add 1,495 sq. yds. Lime Treatment (12” thick) at $10.00 per sq. yd. for an increased cost of $35,810.00 contingent on the concurrence o f Facility Planning and Control as recommended by Project Engineer and Public Works Director. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize the President to submit on behalf of the local Workforce Investment Board, an application for the U.S. Department of Labor’s Workforce Innovation Fund Grants, Funding Number SGA/DFA PY11-05, CFDA 17.283. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to approve the President to sign a letter to the Department of Transportation and Development, copy to Louisiana Legislation, to object the Coulee Crossing road closing.
Amended motion by Mr. Theordore Fountaine, seconded by Mr. Joe Bishop, to sign a letter to the Department of Transportation and Development (DOTD), copy to Louisiana Legislation, in support of DOTD’s safest approach. On vote the amended motion carried.
Vote: Motion passed ( summary: Yes = 7, No = 2, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Vanderlick, Sean McGlothlin, Theodore Fountaine, Jr. No: Richard Billings, Scott Perry, Jr.
ABANDON ROW
UNDEV BOAT
RAMP
LAKELAND SUBD
CHANGE IN
RIGOLETTE
BRIDGE
AUTHORIZE PRES
SUBMIT GRANT AP
AUTHORIZE PRES
LTR TO DOTD
COULEE
CROSSING
REGULAR MEETING
FEBRUARY 13, 2012
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to adopt a Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures the properties listed below: ADOPT NOTICE OF INTENT SALE ADJUDICATED PROPERTY
Tax Debtor Description Richard A. Gunter Part of Lot 45, Esler Heights, 100’ x 180’ Being on Duncan Road, Pineville, LA
Cheryl Rivet and/or Part of Lot D of Oak Else Plantation Subdivision Fronting 100’ of First Street x 108.7’ Cappel Road bearing the municipal address of: On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to reappoint Ms. Judith Rozier to the Children & Youth Planning Board, for a two year term, representing the Education Community, term will expire February 11, 2012. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to reappoint Mr. Cotrell Wrenn to the Children & Youth Planning Board, for a two year term, representing the Education Community , term will expire February 14, 2012. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to accept the Rapides Area Planning Commission report on building code permits. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize to advertise for bids the HMGP Wind Retrofit Project Grant (GOHSEP – FEMA-1603-DR-LA, Project No. 0259) to modify the existing roof on the Coliseum, and upgrade the exterior envelope (roof , windows and doors) on the Coliseum Exhibition Hall, as recommended by the Project Administrator and approved by GOSHEP. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize to enter into an Intergovernmental Agreement with the Rapides Parish Coliseum Authority for the Rapides Parish Wind Retrofit and Roof Upgrade to the Rapides Parish Coliseum and Exhibition Hall, funding to be from the HMGP #1603n -0079,0001, FEMA 1603DR-LA, Project #0259, as recomme nded by the REAPPT CHILD & YOUTH PLANNING
- J. ROZIER EDUC COMMUNITY
REAPPT CHILD &
YOUTH PLANNING
- C. WRENN EDUC COMMUNITY
ACCEPT RAPC
BUILDING CODE
PERMITS REPORT
AUTHORIZE
ADVERTISE BIDS
WIND RETROFIT PROJ
COLISEUM
AUTHORIZE IGA
COLISEUM
WIND RETROFIT
ROOF UPGRADE
REGULAR MEETING
FEBRUARY 13, 2012
Rapides Parish Area Planning Commission, Project Manager. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to waive the thirty (30) day announcement rule and appoint Mr. Mark Dryden to the Buckeye Recreation Board, to fill a vacancy in an unexpired five (5) year term created by the resignation of Mr. Joe Bryant, term will expire on April 12, 2015. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to waive th e thirty (30) day announcement rule and appoint Mr. Derek Sinclair to the Buckeye Recreation Board, to fill a vacancy in an unexpired five (5) year term created by the resignation of Mr. Jeffrey Thompson, term will expire on February 12, 2015. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to waive the thirty (30) day announcement rule and appoint Mr. Tyson Clanton to the Buckeye Recreation Board, to fill a vacancy in an unexpired five (5) year term created by the resignation of Mr. Harlan Crews, term will expire on April 9, 2012. On vote the motion carried.
The Rapides Parish Government met in regular session on this date. The following resolution was offered by Mr. Davron “Bubba” Moreau and seconded by Mr. Richard Billings.
APPT BUCKEYE REC
- M. DRYDEN
APPT BUCKEYE REC
- D. SINCLAIR
APPT BUCKEYE REC
- T. CLANTON
RECEIVE GRANT
TAXIWAY EDGE
LIGHTING
ESLER FIELD AIRPORT
RESOLUTION
A resolution authorizing the President to execute an Agreement with the Louisiana Department of Transportation and Development (LA DOTD) for improvements at the Esler Field Airport.
WHEREAS, Act 451 of the 1989 Regular Session of the L ouisiana Legislature authorized the financing of certain airport improvements from under run funds appropriated from the Transportation Trust Fund; and
WHEREAS, the Rapides Parish Government has requested funding assistance from the LA DOTD to/for Taxiway Edge Lighting Rehabilitation,
WHEREAS, the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the Rapides Parish Government according to the terms and conditions identified in the attached Agreement; and
WHEREAS, the LA DOTD will provide 100% of the necessary funding.
NOW THEREFORE, BE IT RESOLVED by the Rapides Parish Government that it does hereby authorize the President to execute an Agreement for the project identified as SPN 977-990104 (H.008653) more fully identified in the Agreement attached hereto.
REGULAR MEETING
FEBRUARY 13, 2012
This resolution shall be in full force and effect from and after its adoption.
The aforesaid resolution, having been submitted to a vote, the vote thereon was as follows:
YEAS: 9 NAYS: 0 ABSENT: 0
WHEREUPON, the resolution was declared adopted on the 13th day of February, 2012.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize the President to sign an agreement with Pan American Engineers, Inc. for engineering services on the Taxiway Edge Lighting Rehabilitation grant as provided for in the Master Engineering Services Agreement. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to reappoint Mr. D. Walton Williams to the Coliseum Authority, representing District A, for a five (5) year term, term will expire December 13, 2016. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to accept the Construct ion Contract with Pat Williams Construction, Inc. for the Courthouse Window Replacement and Lighting Efficiency Upgrade Project No. EEA -1038 as substantially complete, and ratify the President’s signature, as recommended by Barron, Heinberg and Brocato, Pr oject Engineer, Treasurer and Purchasing Agent. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to request an Attorney General’s Opinion concerning the legality of not charging a Franchise Fee. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to readopt an ordinance authorizing the sale of Abandoned/ Adjudicated property being Lot No. Nineteen (19) of the Valley Subdivision of Lot No. Forty -seven (47) of Leland College Subdivision, located in Section No. Three (3), Township 4 North Range 1 West, Alexandria to Pleasant Green Baptist Church, represented by Lonzie Terrell, for the consideration of $1,457.26. AUTHORIZE PRES SIGN AGREEMENT PAN AMERICAN TAXIWAY EDGE LIGHTING REHAB
REAPPT COLISEUM
- D. WALTON WILLIAMS
ACCEPT
CONSTRUCTION
CONTRACT
PAT WILLIAMS CO
COURTHOUSE
WINDOW REPLACEMT
PRES SIGN
REQUEST AG
OPINION
FEE
ADJ. PROPERTY
REGULAR MEETING
FEBRUARY 13, 2012
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A certain parcel, piece or plot of ground which is part of Lot No. Forty -seven (47) of the Leland College Subdivision, together with all rights, ways and privileges thereunto belonging and being more particularly described as follows:
Lot No. Nineteen (19) of the Valley Subdivision of Lot No. Forty -seven (47) of Leland College Subdivision, located in Section No. Three (3), Township 4 North, Range 1 West, as per plat recorded in Plat Book No. Seven (7) Page No. Fifteen (15) of the records of Rapides Parish, Louisiana.
Authorized agent acting on behalf of Pleasant Green Baptist Church
FOR THE
CONSIDERATION OF $1,457.26 CASH
WHEREAS, the City of Alexandria and/or the City of Pin eville and/or Parish of Rapides owns property described as
A certain parcel, piece or plot of ground which is part of Lot No. Forty -seven (47) of the Leland College Subdivision, together with all rights, ways and privileges thereunto belonging and being m ore particularly described as follows:
Lot No. Nineteen (19) of the Valley Subdivision of the Lot No. Forty -seven (47) of Leland College Subdivision, located in Section No. Three (3), Township 4 North, Range 1 West, as per plat recorded in Plat Book No. Seven (7) Page No. Fifteen (15) of the records of Rapides Parish, Louisiana.
Municipal Address of the property: 3727 Milton Alley, Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from Lonzie Lee Terrell, authorized agent acting on behalf of Pleasant Green Baptist Church to purchase said property for the consideration of $1,457.26 cash, at the time of sale, said consideration rep resenting 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 Lonzie Lee Terrell, authorized agent acting on behalf of Pleasant Green Baptist Church, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain parcel, piece or plot of ground which is part of Lot No. Forty -seven
- (47) of the Leland College Subdivision, together with all rights, ways and privileges thereun to belonging and being more particularly described as follows:
Lot No. Nineteen (19) of the Valley Subdivision of the Lot No. Forty -seven (47) of Leland College Subdivision, located in Section No. Three (3), Township 4 North, Range 1 West, as per plat re corded in Plat Book No. Seven (7) Page No. Fifteen (15) of the records of Rapides Parish, Louisiana.
Municipal Address of the Property: 5727 Milton Alley, Alexandria, LA
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:
REGULAR MEETING
FEBRUARY 13, 2012
- • 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 th is 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 hi s/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 th ereafter 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 th e 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.
REGULAR MEETING
FEBRUARY 13, 2012
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only war ranty 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 th e 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.
- (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 REGULAR MEETING FEBRUARY 13, 2012
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 13 th day of February, 2012.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to receive the required report from Acadian Ambulance under the Contract for December, 2011: AMB. REPORT
Response Zone Number Responses Required % Compliance % Alexandria – 8 minute 452 80% 90.27% Pineville – 8 minute 165 80% 86.67% Rapides – 12 minute 208 80% 91.35% Rapides – 20 minute 123 80% 82.93%
On vote the motion carried. On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to give all full time Alpine Volunteer Fire Department employees a 4% cost of living raise as recommended by the Board of Directors. Effective February 16, 2012. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, for a $2.00 pay increase per hour to Holiday Village Fire Department’s part time secretary, Laura Goudeau. This increase will be from $8.00 to $10.00 an hour. Effective February 16, 2012. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to adopt a resolution to establish Fire District 15 and call for a public hearing on March 5, 2012. COST OF LIVING RAISE ALPINE VFD
PT SEC PAY RAISE
HOLIDAY VILLAGE FD
- L. GOUDEAU
ADOPT RESOLUTION
ESTABLISH FD 15
“NOTICE OF INTENTION TO CREATE FIRE PROTECTION DISTRICT”
Commencing at a point where the parish lines common to Rapides Parish, Natchitoches Parish, and Grant Parish intersect in center line of the Red River as described when said parishes were created; Thence southeasterly along said centerline to a point where the line common to Sections 20 and 30 Township 5 North Range 3 West intersect the centerline of the Red River; Thence southerly along the line common to Sections 20 and 30 Township 5 North Range 3 West to the most southern point of the line common to Sections 20 and REGULAR MEETING FEBRUARY 13, 2012
30, said point also being the most northern point of the line common to Sections 19 and 20 Township 4 North Range 3 West; Thence southerly along the line common to Sections 19 and 20 Township 4 North Range 3 West to the most southern point of the line common to Sections 19 and 20, said point also being the most northern point of the line common to Sections 136 and 137 Township 4 North Range 3 West; Thence southerly along the line common to Sections 136 and 137 Township 4 North Range 3 West to the most southern point of the line common to Sections 136 and 137; Thence southerly along a straight line not common to any section or property to the most eastern point of Section 36 Township 4 North Range 3 West; Thence southwesterly from said point along a line common to Sections 36 and 54 Township 4 North Range 3 West to a point common to Sections 36, 53, and 54; Thence continue from said point southwesterly along a line common to Sections 36 and 53 Township 4 North Range 3 West to a point where said line intersects the centerline of Bayou Rapides; Thence northwesterly along said centerline to a point that intersects the centerline of Louisiana Highway 121; Thence northeasterly along the centerline of Louisiana Highway 121 to a point that intersects with the intersection of Louisiana Highway 121 and Louisiana Highway 496; Thence northwesterly from said point along the centerline of Louisiana Highway 121 to a point where said centerline intersects the centerline of Red Store Hill Road; Thence southwesterly along the centerline of Red Store Hill Road to a point where the western line of Lot 4B of the W. C. James Estate, as shown on plat by Frank L. Willis dated April 14 1989, intersects with the centerline Red Store Hill Road; Thence southerly along the western line of 4B to a point that intersects with the line common to Sections 41 and 36 Township 5 North Range 4 West; Thence southeasterly along the line common to Sections 41 and 36 to a point where Lot 4B turns south; Thence from said point S 0°08’53” E 1857.56 feet to the northwest corner of Section 1 Township 4 North Range 4 West; Thence southerly along the western line of Section 1 Township 4 North Range 4 West; Thence westerly along the southern line of Section 2 Township 4 North Range 4 West; Thence westerly along the southern line of Section 3 Township 4 North Range 4 West; Thence northerly along the western line of Section 3 Township 4 North Range 4 West; Thence northerly along the western line of Section 34 Township 5 North Range 4 West; Thence northerly along the western line of Section 27 Township 5 North Range 4 West; Thence easterly along the southern line of Section 22 Township 5 North Range 4 West to the southeast corner of the west half of said section; Thence northerly along the eastern line of the west half of Section 22 Township 5 North Range 4 West; Thence northerly along the eastern line of the west half of Section 15 Township 5 North Range 4 West; Thence northerly along the eastern line of the west half of Section 10 Township 5 REGULAR MEETING FEBRUARY 13, 2012
North Range 4 West; Thence northerly along the eastern line of the west half of Section 3 Township 5 North Range 4 West; Thence northerly along the eastern line of the west half of Section 34 Township 6 North Range 4 West to a point that intersects with the centerline of the Lena Flatwoods Road; Thence northeasterly along the Lena Flatwoods Road to a point that intersects with the centerline of Louisiana Highway 1; Thence northwesterly along the centerline of Louisiana Highway 1 to a point that intersects with the parish line common to Rapides and Natchitoches Parish; Thence Northeasterly along the parish line common to Rapides and Natchitoches Parish back to the POINT OF BEGINNING said tract containing 42,335 Acres more or less, all as shown on the map on record in the Police Jury Office.
The district to be created will be known as Fire Protection District No. 15 of Rapides Parish, Louisiana, and all persons interested may at said place and hour be present and be heard on the question of the creation of such district and interpose such objections as they may see fit to the creation of such district and to the inclusion of their property within the boundaries thereof.
On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to appoint Mr. Derrick Kirk to the Children & Youth Planning Board, for a two year term, representing the Criminal Justice Community, term will expire February 14, 2012.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to waive the thirty (30) day announcement rule and appoint Judge Donald T. Johnson to the Children & Youth Planning Board, representing the Criminal Justice Community, to fill a vacancy of Judge Patricia Koch, term will expire October 11, 2012.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
APPT CHILD & YOUTH
PLANNING BOARD
- D. KIRK
APPT CHILD & YOUTH
PLANNING BOARD
JUDGE JOHNSON
REGULAR MEETING
FEBRUARY 13, 2012
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to authorize to enter into a polling place lease with the Holiday Village Volunteer Fire Association for Voting Precinct N17, as recommended by the Secretary of State, and authorize the President to sign same.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to delete from the Rapides Parish Fire District #10 Asset/Inventory program the following vehicles as they are no longer suitable for public use and place them in public auction: AUTHORIZE POLLING PLACE LEASE HOLIDAY VILLAGE
DELETE FD 10 ASSETS
Asset Description Purchase Date Disposal 6193 1979 -- GMC 06-15-91 Auction 10283 1989 -- Ford 04-30-08 Auction
On vote the motion carried.
On m otion by Mr. Joe Bishop, seconded by Bubba Moreau, to amend sponsorship to Mr. Richard Vanderlick.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to r ecognize Ms. Re becca Alexander and Mr. James Leatherman to discuss the operations of the sewer system by Total Environmental Solutions Inc.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
AMEND SPONSORSHIP
FD 10 ASSETS
RECOGNIZE BECKY
ALEXANDER RE: SEWER SYSTEM
REGULAR MEETING
FEBRUARY 13, 2012
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to authorize legal counsel to investigate, contact, and/or take legal action necessary to stop the discharge of fluid treated or untreated into the Kincaid Lake. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Bubba Moreau, to receive a grant from the State of Louisiana Department of Transportation and Development for the Primary Airport Windcone Upgrade and authorize the President to sign all necessary paperwork. On vote the motion carried. AUTHORIZE LEGAL COUNSEL TAKE ACTION TO STOP DISCHARGE
RECEIVE GRANT
AIRPORT WINDCONE
The Rapides Parish Government met in regular session on this date. The following resolution was offered by Mr. Richard Billings and seconded by Mr. Joe Bishop.
RESOLUTION
A resolution authorizing the President to execute an Agreement with the Louisiana Department of Transportation and Development (LA DOTD) for improvements at the Esler Field Airport.
WHEREAS, Act 451 of the 1989 Regular Session of the Louisiana Legislature authorized the financing of certain airport improvements from funds appropriated from the Transportation Trust Fund; and
WHEREAS, the Rapides Parish Government has requested funding assistance from the LA DOTD to/for upgrade of the primary airport wind cone to solar power,
WHEREAS, the LA DOTD is agreeable to the implementation of this project and desires to cooperate with the Rapides Parish Government according to the terms and conditions identified in the attached Agreement; and
WHEREAS, the LA DOTD will provide 100% of the necessary funding,
NOW THEREFORE, BE IT RESOLVED by the Rapides Parish Government that it does hereby authorize the President to execute an Agreement for the project as SPN 977 -99-0122 (H.008657) more fully identified in the Agreement attached hereto.
This resolution shall be in full force and effect from and after its adoption.
The aforesaid resolution, having been submitted to a vote, the vote thereon was as follows:
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin, Theodore Fountaine, Jr.
WHEREUPON, the resolution was declared adopted on the 13 th day of February, 2012.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to authorize the President to sign an agreement with Pan American Engineers, Inc. for engineering services on the Primary Airport Windcone Upgrade grant as provided for in the Master Engineer Services Agreement.
AUTHORIZE PRES
SIGN PAN AMERICAN
WINDCONE UPGRADE
GRANT
REGULAR MEETING
FEBRUARY 13, 2012
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Bill ings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin, Theodore Fountaine, `Jr.
On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to purchase a 1999 2500 HD GMC Truck with a utility bed and pipe rack for an amount of $6,500, as recomm ended by the Public Works Director and approved by Purchasing to be paid from Road & Bridge Funds.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On m otion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to purchase a new heavy duty tandem trailer with air brakes from the lowest bidder Big Tex Trailers in an amount not to exceed $20,000, as recommended by the Public Works Director and approved by Purchasing, to be paid from Road and Bridge Funds.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to authorize the Public Works Director to hire a temporary employee (beaver trapper) at the rate of $15.00 per hour to be paid from Road & Bridge Funds.
Substitute motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to contract hire, strictly by the hour with no benefits, licensed trapper with explosive license for three (3) months. On vote the substitute motion carried.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard
PURCHASE TRUCK W/
UTILITY BED + PIPE RACK FOR PUBLIC WORKS
PURCHASE TRAILER
FOR PUBLIC WORKS
AUTHORIZE PUBLIC
WORKS TEMP
EMPLOYEE
HIRE BEAVER
TRAPPER
REGULAR MEETING
FEBRUARY 13, 2012
Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On m otion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to authorize Rapides Parish Fire District No. 10 to declare a 1974 Ford Tanker (Asset #6724) as surplus property, authorize the Parish Highway to purchase for an amount of $200, as recommended by Plainview Volunteer Fire Department Board of Directors, Public Works Director and Purchasing Agent.
Vote: Motion passed ( summary: Yes = 8, No = 1, Abstain = 0). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin. No: Theodore Fountaine, Jr.
On motion by Mr. Richard Billings, seconded by Joe Bishop, to ratify the purchase of 0.50 Acres/Credits of bottomland hardwoods from Coastal Louisiana Resource, LLC, Bayou St. Clair Mitigation Bank, for the purchase of the appropriate compensatory wetland mitigation credits for the Cheneyville Echo Road bridge replacement projects, USACE Permit Application Number MVN -2011-03086 for an amount of $11,250, and authorize the President to sign all necessary documents, for the replacement of two bridges State Pr oject No. 713 -40-0117 and No. 713-40-0118 to be paid Ward 2 District H Funds and Ward 3 District H Funds, as recommended by the Public Works Director and Treasurer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Craig Smith, Davron "Bubba" Moreau, Joe Bishop, Oliver Overton, Richard Billings, Richard Vanderlick, Scott Perry, Jr., Sean McGlothlin, Theodore Fountaine, Jr.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, that there being no further business, the meeting be declared adjourned. On vote the motion carried at 3:49 p.m.
AUTHORIZE FD 10
TANKER AS SURPLUS
& PURCHASE BY HWY
RATIFY PURCHASE
CHENEYVILLE ECHO
AUTHORIZE PRES
SIGN DOCS TO
REPLACE 2 BRIDGES
ADJOURNMENT
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