Public Meeting
Rapides Parish Police Jury
· 3:35 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
April 9, 2012 other
Open official PDF ↗ 32 pages sha256:7ba1bb3aa641…
The Police Jury of the Parish of Rapides, State of Louis iana, met in Regular Session at its regular meeting place, the Police Jury Room of Monday, April 9, 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 w ere Mr. Tim Ware, Treasurer; Mr. Dennis Woodward, Public Works Director; Mr. Shane Trapp, Courthouse and Jail Building Superintendent; Mr. Thomas O. Wells, Legal Counsel; and Ms. Angela T. Voss, Parish Secretary.
The invocation was given by Mr. Theodore Fountaine.
The Pledge of Allegiance was led by Mr. Bubba Moreau.
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 m otion by Mr. Scott Perry, seconded by Mr. Joe Bishop, to adopt the minutes of Rapides Parish Police Jury held in Regular Session on March 19, 2012, as published in the Official Journal. On vote the motion carried.
On m otion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, that approved bills be paid. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau to leave the a ppointment open to the Esler Industrial Development Area Advisory Board, representing District B, for a five (5) year term to fill the expired term of the late Mayor Fred Baden, term expired on January 8, 2011. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau to leave the a ppointment open to the Board on the Code of Ethics, to fill the expired term of Mr. James Williams, for a one (1) year term, term expired September 13, 2011. On vote the motion carried. ADOPT MINUTES
PAY BILLS
OPEN APPT
ESLER IND DEV
- F. BADEN
OPEN APPT
CODE OF ETHICS
- J. WILLIAMS
REGULAR MEETING
APRIL 9, 2012
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau to leave the a ppointment open to the Communications District, to fill the expired term of Mr. Jerome Hopewell (Sheriff's Office), for a four (4) year term, term expired on March 17, 2012. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau to leave the appointment open to the Rapides Area Planning Commission Board for a five (5) year term to fill the expired term of Ms. Joy Juderman, term expired on March 10, 2012. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau to leave the a ppointment open to the Poland Recreation District Board, to fill the vacancy in the expired five (5) year term of (resigned) Ms. Sue Hayes, term expired on March 10, 2012. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau to leave the a ppointment open to the Ward 6 Recreation District Board for a five (5) year term to fill the expired term of the late Mr. Hillard Ashworth, term expired on March 10, 2012. On vote the motion carried.
On motion by Mr. Richard Bi llings, seconded by Mr. Joe Bishop, to delete the following motion from the agenda . On vote the motion carried.
Motion to remove the following equipment from the Rapides Parish Fire District #2 Asset/Inventory as it is no longer suitable for public use:
ASSET DESCRIPTION DISPOSAL
9433 2003 Ford F450 To be auctioned
Mr. Overton, Mr. Fountaine, and Mr. Perry presented plaques on behalf of the Police Jury to the Peabody High School Warhorses Boys Basketball State Champions.
On m otion by Mr. Rich ard Vanderlick, seconded by Mr. Craig Smith, to appoint Mr. Scott Perry to the Region VI Behavioral Health Advisory Council, representing the Rapides Parish Policy Jury, to fill a vacancy created by Mr. Steve Coco. On vote the motion carried.
On m otion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, to waive the thirty (30) day announcement rule and appoint Mr. Brian Reed to the Buckeye Recreation Board, to fill a vacancy in an unexpired five (5) year term created by the termination of Mr. Chad Coston, OPEN APPT COMM DISTRICT
- J. HOPEWELL
OPEN APPT
RAPC
- J. JUDERMAN
OPEN APPT
POLAND REC
- S. HAYES
OPEN APPT
WARD 6 REC
- H. ASHWORTH
DELETE MTN
FD2 ASSET
FORD F450
PRES PRESENT
PEABODY HIGH
STATE CHAMPS
APPT REG VI
BEHAV HEALTH
- S. PERRY
APPT BUCKEYE
- B. REED
REGULAR MEETING
APRIL 9, 2012
term will expire on February 14, 2013. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Billings, to waive the thirty (30) day announcement rule and appoint Mr. Clayton Harmson to the Buckeye Recreation Board, to fill a vacancy in an unexpired five (5) year term created by the termination of Mr s. Elizabeth Hayes, term will expire on February 17, 2016. On vote the motion carried.
On m otion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to waive the thi rty (30) day announcement rule and reappoint Mr. Charlie Stewart to the Sewerage District No. 1 Board, for a four (4) year term, term will expire December 14, 2015. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Billings, to waive the thirty (30) day announcement rule and reappoint Mr. Terry J. Arceneaux (Emergency Medical Services) to the Communications District for a four (4) year term, term will expire on April 9, 2016. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize renewal of the lease for Fire Protection District No. 5 with Meriwether Louisiana Land and Timber for 0.305 acre of land for the fire station on the Morrison Road for an additional five ( 5) years beginning May 1, 2012; authorize payment of the lease rental and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to correct language in Redemption Provisions paragraph to read:
APPT BUCKEYE
- C. HARMSON
REAPPT SEWEAGE
DIST #1
- C. STEWART
REAPPT COMM
- T. ARCENEAUX
AUTH PRES SIGN
RENEWAL LEASE
FD5
MERIWETHER
MORRISON RD
CORRECT LANG
REDEMPTION
PROVISION
The Bonds will not be callable for redemption prior to their stated maturity dates.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to remove the following equipment from the Communication Center as it is no longer suitable for public use: REMOVE EQUIP COMM CENTER
ASSET DESCRIPTION DISPOSAL
00423 Desktop Computer Scrap
On vote the motion carried.
REGULAR MEETING
APRIL 9, 2012
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to hire a receptionist with no benefits, at the rate of $7.50 per hour, not to exceed 27 hours per week, for the Hearing Office and Family In Need of Services Department (FINS), Rapides Parish Juvenile Court, Rapides Parish Civil Service Department to be paid from the General Fund. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to accept the Public Works Director’ s Report. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize the renewal of a special 7.08 mills ad valorem tax and place on the November 6, 2012, ballot, as requested by the Library Board. On vote the motion carried. HIRE RECEPTION FINS, JUVE CT, CIVIL SERVICE
ACCEPT PWD
REPORT
RENEWAL TAX
LIBRARY
The following resolution was offered by Mr. Scott Perry and seconded by Mr. Richard Vanderlick:
RESOLUTION
A resolution ordering and calling a special election to be held in the Parish of Rapides, State of Louisiana, to authorize the renewal of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the Governing Authority of the Parish of Rapides, State of Louisiana (the "Parish"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 30 and 32 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5 and Chapter 6-A of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the Parish on TUESDAY, NOVEMBER 6, 2012, between the hours of six o'clock (6:00) a.m., and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
LIBRARY MILLAGE RENEWAL PROPOSITION
Summary: 10 Year, 7.08 Mills Renewal Property Tax for improving, constructing, maintaining and operating public libraries in the Parish.
Shall the Parish of Rapides, State of Louisiana (the "Parish"), continue to levy and collect a special ad valorem tax of seven and eight-hundredths (7.08) mills on all property subject to taxation in the Parish, for a period of ten (10) years, beginning with the year 2014 and ending with the year 2023 (an estimated $4,600,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for the purpose of improving, constructing, maintaining and operating the Rapides Parish Library and its branches, title to which is, and shall be, in the public?
REGULAR MEETING
APRIL 9, 2012
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the Town Talk, a daily newspaper of general circulation within the Parish, published in Alexandria, Louisiana, and being the official journal of the Parish, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, DECEMBER 10, 2012, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefore as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, December 10, 2012, as provided in Section 3 hereof. All registered voters in the Parish will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election, including but not limited to, appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to continue to levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application. This resolution having been submitted to a vote, the vote thereon was as follows:
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.
And the resolution was declared adopted on this, the 9th day of April, 2012.
/s/ Angela Voss /s/ Oliver Overton, Jr. Secretary President REGULAR MEETING APRIL 9, 2012
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to accept the construction contract with Gilchrist Construction Company, LLC for Bayou Rigolette Bridge Replacement Project (FP&C No. 50 -J40-10-01) as substantially complete, as recommended by the Project Engineer and Public Works Director, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to set a 25 mph speed limit on Ed Perkins Road, Ward 6, and authorize the Parish Highway Department to erect speed limit signs. On vote the motion carried. ACCEPT CONTRAC GILCHRIST FOR RIGOLETTE BRIDGE
25MPH SPEED
ED PERKINS RD
WARD 6
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 18-4.2 (G) SPEED WARD 6.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 9th day of April, 2012, that Section 18 -4.2 (G) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include the following road, as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.2. Speed limits designated on certain streets: ...
- (G) Twenty-five (25) miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour. ... Ed Perkins Road, Ward 7 …
(l). Whoever violates the provisions of this section shall be punished by a fine not t o exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed twenty-five (25) days, or both.
BE IT FURTHER ORDAINED that this ordinance is to be effective immediately. BE IT FURTHER ORDAINED in all other respects Section 18 of the Rapides Parish Code of Ordinances shall remain unchanged. BE IT FURTHER ORDAINED that the Parish Highway Department is hereby authorized to erect speed limit signs on the road. THUS DONE AND SIGNED on this 9th day of April, 2012.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to set a 25 mph speed limit on the gravel section only of Hazmuka Road, Ward 11, and authorize the Parish Highway Department to erect speed limit signs. On vote the motion carried. 25MPH SPEED HAZMUKA RD WARD 11 GRAVEL SECTION
ORDINANCE
REGULAR MEETING
APRIL 9, 2012
AN ORDINANCE TO AMEND AND REENACT SECTION 18 -4.2 (G) SPEED LIMITS SO AS TO ESTABLISH A 25 MPH SPEED LIMIT ON THE GRAVEL SECTION ONLY OF HAZMUKA ROAD, WARD 11.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 9th day of April, 2012, that Section 18 -4.2 (G) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include the following road, as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.2. Speed limits designated on certain streets: ...
- (G) Twenty-five (25) miles per hour. It shall be unlawf ul for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty -five (25) miles per hour. ... On the gravel section of Hazmuka Road, Ward 11 ...
(l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed twenty-five (25) days, or both.
BE IT FURTHER ORDAINED that this ordinance is to be effective immediately. BE IT FURTHER ORDAINED in all other respects Section 18 of the Rapides Parish Code of Ordinances shall remain unchanged. BE IT FURTHER ORDAINED that the Parish Highway Department is hereby authorized to erect speed limit signs on the road. THUS DONE AND SIGNED on this 9th day of April, 2012.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize to advertise for bids for “Various Road Improvements in Rapides Parish” (Bid No. 2235), as recommended by the Public Works Director, to be paid from Various Road Maintenance Funds as budgeted. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to change the road name from Echo Lane to Laborde Lane, to avoid a confusing situation being near a similar name Echo Street in Ward 2, as recommended by the Public Works Director and the Rapides Area Planning Commission. On vote the motion carried. ADVERTISE BIDS VARIOUS RD
CHANGE NAME
ECHO LANE TO
LABORDE LANE
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to award Bid No. 2227 Emulsified Asphalt (CRS-2) to the low bidder, Ergon Asphalt & Emulsions, Inc., for an amount of $2.14 per gallon d elivered (6 month contract), as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to award Bid No. 2228 Emulsified Asphalt (MC-30) to the low bidder, Asphalt Products Unlimit ed AWARD BID ERGON ASPHALT
AWARD BID
ASPHALT PROD
UNLIMITED
REGULAR MEETING
APRIL 9, 2012
Inc., for an amount of $4.055 per gallon delivered (6 month contract), as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize to enter into an Intergovernmental Agreement with the Village of Forest Hill for the Highway Department for 20 hours of labor with equipment, 10 loads pond located in the corporate limits of Forest Hill, to be paid out of Road Distri ct 1A Maintenance Funds (town’s portion). On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize to enter into an Intergovernmental Agreement with the Village of McNary for approximately 40 hours of grad er work for installation of culverts, to be paid out of Road District 1A Maintenance Funds. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize to enter into an Intergovernmental Agreement with the To wn of Glenmora for 40 hours of ditching and grading work and 40 hours of inmate labor, to be paid out of Road District 1A Maintenance Funds (town’s portion). On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to ratify correction of the total funding amount of Amendment No. 1 to the current Louisiana Employment Assistances Program (LEAP) Contract from $214,611.00 to $262,747.00 and ratify authorization for the President to sign the amendment and the Treasurer to m odify the budget as necessary. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to ratify approval to Amendment No. 2 to the current WIA Contract adding $2,189.00 in FY 2012 Adult funding and $2,379.00 in FY 20 12 Dislocated Worker funding as a result of a reduction in a previous FY 2012 rescission (from 1.503% to 0.189%) and ratify authorization for the President to sign the Amendment and the Treasurer to modify the budget as necessary. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to authorize the President to sign grant application for U.S. Department of Labor’ s Youth Build Grants, Funding Number SGA -DFA-PY-11-06, CFDA 17.274. Youth Build Grant funds will be used to provide disadvantaged youth the education and employment skills
AUTHORIZE IGA
FOREST HILL
HWY DEPT
AUTHORIZE IGA
MCNARY
HWY DEPT
AUTHORIZE IGA
GLENMORA
HWY DEPT
RATIFY LEAP
AUTH PRES SIGN
TRES MODIFY
BUDGET
RATIFY WIA
DISLOCATED WK
AUTH PRES SIGN
TREAS MODIFY
BUDGET
AUTH PRES SIGN
GRANT APP
YOUTH BUILD
REGULAR MEETING
APRIL 9, 2012
necessary to achieve economic self -sufficiency in occupations in high demand and pos t-secondary education and training opportunities. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to approve a contract with the Louisiana Workforce Commission (LWC) for the PY12/FY13 WIA allocations in the amount of $794,138.00 (Adult $287,923.00, Dislocated Worker $204,402.00 and Youth $301,813.00) and authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to adopt a resolution to proclaim the month of April, 2012, as Fair Housing Month in Rapides Parish. On vote the motion carried.
APPROVE CONT
LWC WIA
DISLOCATED WK
AUTH PRES SIGN
TREAS AMEND
BUDGET
ADOPT RESOL
FAIR HOUSING
PROCLAMATION
WHEREAS, the 44th Anniversary of the National Fair Housing La w, Title VIII of the Civil Rights Act of 1968, during the month of April, is an occasion for all Americans - individually and collectively - to rededicate themselves to the principle of freedom from housing discrimination whenever it exists; and
WHEREAS, this law guarantees for each citizen the critical, personal element of freely choosing a home; and
WHEREAS, a fair housing law has been passed by the State of Louisiana, and implementation of the law requires the positive commitment, involvement, and su pport of each of our citizens; and
WHEREAS, the department and agencies of the State of Louisiana are to provide leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and
WHEREAS, barriers that diminish the rights and limit the options of any citizen to freely choose a home will ultimately diminish the rights and limit the options of all.
NOW, THEREFORE, I, Bobby Jindal, Governor of the State of Louisiana do hereby proclaim the month of April 2012, as FAIR HOUSING MONTH in the State of Louisiana.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to issue an RV Park ordinance as proposed by the Rapides Area Planning Commission, pending approval from Legal Counsel. On vote the motion carried. ISSUE RV PARK ORDINANCE
Motion that the reference to “recreational vehicle” in Article VIII, Section 22 -301 be deleted and the following ordinance be presented, to amend Chapter 22 (Subdiv ision Regulations for the Parish of Rapides, Louisiana), enacting Article IX, Sections 22 -400 through 22-408 establishing rules and regulations for campgrounds and recreation vehicle (RV) parks, as follows:
ORDINANCE
AN ORDINANCE TO AMEND CHAPTER 22 TO ADD ARTICLE IX, SECTION 22-400 THROUGH 22-408 CAMPGROUNDS AND RECREATIONAL VEHICLE (RV) PARKS
REGULAR MEETING
APRIL 9, 2012
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 9th day of April, 2012 that Article IX, Section 22-400 through 22-408 is hereby enacted to read as follows:
ARTICLE IX. CAMPGROUNDS AND RECREATIONAL VEHICLE (RV) PARKS
Section. 22-400. Applicability; Occupancy; Definition; Registration.
- (a) Applicability. All campgrounds and recreational vehicle parks as defined in Chapter 22, Section 22-10 (22.13), “the development of land for four (4) or more recreation vehicles for rent, sale or lease”, hereinafter referred to as RV Parks, shall conform to the provisions of this ordinance. In addition, any expansion involving the cumulative addition of ten (10) or more sites to an existing park, beginning with the date of this ordinance, and/or the addition of sites to an existing park that will require additional sewage disposal facilities, shall also conform to this ordinance. These standards shall be required for RV Parks in which sites will be rented for transient use.
- (b) Occupancy. No site shall be used as a permanent residence.
- (c) Definition. A vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a motorized vehicle; designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; is fully licensed and ready for highway use; ready for highway use means that it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, has no permanently attached additions, and contains water storage and wastewater holding tanks within the recreational vehicle.
- (d) Registration of occupants. It shall be the responsibility of the owner or manager of the RV park to keep a current record of the names and addresses of the owners and/or occupants of each RV space, the make, model, year, and license number of each RV and motor vehicle by which it is towed, the state, territory, or country issuing such licenses, and the arrival and departure dates of each occupant. This record must be made available for inspection to all appropriate agencies whose duties necessitate acquisition.
Sec 22-401. Procedures and Standards
An RV Park or regulated expansion of an RV Park shall be considered a land development as defined by this ordinance and the application for the development of an RV Park shall be processed in accordance with all the procedures established by this ordinance for major subdivisions and land developments.
A minimum parcel size of five (5) acres shall be required for RV Parks and all lands proposed for an RV Park shall be contiguous.
- (a) Site Size. Each site in an RV Park shall have a minimum area of one thousand (1,000) square feet for back-in sites and one thousand eight hundred seventy five (1,875) square feet for pull-through sites. Minimum site widths shall be twenty five (25) feet; minimum length shall be forty (40) feet for back-in sites and seventy five (75) feet for pull-through sites. Site area shall be measured exclusive of any rights-of-way. For purposes of this ordinance, public rights-of-way mean all easements or other rights-of-way that are open for free and easy use by other site occupants and/or the general public.
- (b) Density. The number of sites in an RV Park shall not exceed an overall density of ten
- (10) per acre.
- (c) Site Plan. A proposed site plan showing all necessary information to include at a minimum, location of all buildings and improvements including roads, parking areas, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage REGULAR MEETING APRIL 9, 2012
treatment, collection systems, and the specific areas provided as open space. Building layouts and profiles shall also be provided indicating building dimensions, numbers, and sizes, common ownership or use areas, lighting, and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.
- (d) Site Demarcation. All RV Park sites shall be specifically shown on the plans submitted.
Sec 22-402. Location
- (a) Floodplain. Any structures in any RV Park shall not be located within a one hundred (100) year floodplain area as defined by the National Flood Insurance Program unless in compliance with all applicable local ordinances.
- (b) Nuisances. The site of any proposed RV Park shall be free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents, and shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
- (c) Soil and Ground Cover. All areas of an RV Park disturbed during the development process and not covered by improvements shall be stabilized and protected with such vegetative growth as necessary to prevent soil erosion and the emanation of dust during dry weather. Such vegetation shall be maintained by the park owner in such condition as to provide continued soil protection. .
- (d) Storm Water/Drainage. RV Parks shall be designed to insure that all surface water is drained in a safe and efficient manner away from recreational vehicle sites. The requirements of the Police Jury’s Storm Water Management Plan shall be adhered to. Wastewater from any plumbing fixture or sanitary sewer line shall not be deposited upon the ground surface or into any storm water control facility in any part of an RV Park.
Sec 22-403. Setbacks, Buffer Strips and Screening
- (a) Reserved.
- (b) Buffers. A buffer area shall be provided around the RV Park. No individual site in an RV Park shall be located closer than twenty-five (25) feet to any public road right of way or closer than forty (40) feet to any other exterior property line.
- (c) Screening. The Planning Commission shall require screening such as fences or plant materials along the property boundary line. Fences shall be constructed in a durable fashion with weather resistant wood and be of a consistent pattern. All material shall be designed and intended for such use. Fences shall be six (6) to eight (8) feet in height. Plantings shall provide an effective screen to a height of five (5) feet at the time of planting and an effective screen to a height of eight (8) feet within five (5) years. These buffer strips shall be properly maintained by the owner at all times.
Sec 22-404. Streets, Parking and Access
- (a) Streets. RV Park streets shall be provided, designed and constructed with a minimum of eighteen (18) feet of gravel surface and approved by the Public Works Director. It is the option of the RV Park owner to provide hard-top roads. Dead end streets within the RV Park shall have a cul-de-sac with a diameter of fifty (50) feet.
- (b) Parking. Parking shall not be permitted on roads or drives within the RV Park, but shall be restricted to designated parking areas either at each site or at a common location. Offstreet parking for one (1) motor vehicle shall be provided at each site and off-street, common REGULAR MEETING APRIL 9, 2012
parking areas for additional vehicles of park occupants and guests shall be provided at a rate not less than one (1) space per five (5) sites.
- (c) Access. There shall generally be at least two (2) points of ingress and/or egress in each RV Park from any one (1) public right-of-way (emergency accesses excepted) and all driveways to individual sites shall front on an interior access drive. The requirement for two (2) access points may be waived by the Planning Commission for reason of topography, parcel configuration, or other factor deemed valid by the Planning Commission. Accesses shall be separated by at least one hundred fifty (150) feet where they intersect with a public street. Access intersections with a public road shall be designed to safely permit the entry and exit of recreational vehicles.
- (d) Site Access. Individual sites and parking spaces shall have direct access to the interior park street system. Sites and parking spaces shall not front or have access directly to public roads or streets or to private roads or streets passing through the RV Park and providing access to other parcels or developments.
- (e) General Requirements. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual RV units, the parks streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
Sec 22-405. Utilities
- (a) Water Supply. An accessible, adequate, safe and potable supply of water under pressure shall be provided in every RV Park. The water supply system shall be designed, constructed, and maintained in compliance with the Health Department standards. Individual water riser pipes shall be set at a vertical position and shall extend a minimum for two (2) feet above the ground surface. Backflow preventers in recreational vehicles must meet Louisiana Title 51, Chapter 13, B109.3.1 requirements.
- (b) Sewage Disposal. RV Parks shall be served by a community sewage disposal system in accord with the State Health Code Connections may be made to each site and shall be made to any other wastewater producing facilities in the RV Park. No sewage disposal system shall be located on an individual site. All plumbing in the RV Park shall comply with state and local plumbing laws and regulations.
- (c) Electrical. Installation of recreational vehicles and travel trailers shall comply with the current LSUCC requirements.
Sec 22-406. Refuse Disposal
The storage, collection and disposal of trash and refuse shall be so managed as to create no health hazards or air pollution. All trash and refuse shall be screened from public view on three sides. Containers shall be provided in sufficient number and capacity to properly store all refuse and refuse shall be collected and disposed of at an approved facility as frequently as may be necessary to insure that the containers shall not overflow.
Sec 22-407. Recreation Area
A recreation area shall be provided that is at least ten (10) percent of the entire area of the RV Park. The recreation area shall be useable for recreational activities and free from wetlands, steep slopes, and other limiting features.
Sec 22-408. Non-Residential Uses
No part of any RV Park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of campers and for the management and REGULAR MEETING APRIL 9, 2012
maintenance of the park. Neighborhood commercial uses, not visible from any public road rightof-way such as stores designed to serve the needs of campers may be permitted.
BE IT FURTHER ORDAINED in all other respects the Ordinance shall be amended. BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.
THUS PASSED, APPROVED AND ADOPTED on this 9th day of April, 2012.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to grant approval to Kisatchie Park Subdivision, located on Hwy 28 West and Ian Johnson Road, as recommended by the Rapides A rea Planning Commission and approved by the Public Works Director, pending approval from Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to receive proposals for the procurement of administrative consultant services for the Greenway Park Subdivision Project under the Hazard Mitigation Grant Program (HMGP) CFDA #97.039. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to adopt an ordinance authorizing the sale of Abandoned/Adjudicated property being the rear 44.5 feet of Lots Nine (9), Ten (10), and Eleven (11) and Twelve
- (12) of Block Three (3) of the Welch Addition, bearing the Mercides Harley for the consideration of $2,333.33 cash. On vote the motion carried. APPROVAL KISATCHIE PARK SUBDIVISION
PROCURE ADMIN
CONSULT SERV
GREENWAY PARK
ADOPT SALE
NORTH 14TH ST
- M. HARLEY
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain piece, parcel or tract of land together with all buildings and improvements situated thereon, and all rights, ways and privileges thereto appertaining, being, lying and situated in Rapides Parish, Louisiana, more particularly described as follows, to-wit:
The rear 44.5 feet of Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Three (3) of the Welch Addition to the City of Alexandria, fronting 44.5 feet on Fourteenth Street in the City of Alexandria, and running back between parallel lines along an alley a distance of 100 feet to the East line of Lot 9 of said Block 3, in the rear; all as more particularly shown on plat by Pan American Engineers dated December 13, 1956, a copy of which is recorded in Conveyance Book 506, Page 309, and being the same property acquired by Harry Longwell from Fern Wilbert, et at., by deed recorded in Conveyance Book 506, Page 309, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 116 North 14th Street, Alexandria, LA 71301
TO MERCIDES HARLEY,
FOR THE
CONSIDERATION OF $2,333.33 CASH REGULAR MEETING APRIL 9, 2012
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of land together with all buildings and improvements situated thereon, and all rights, ways and privileges thereto appertaining, being, lying and situated in Rapides Parish, Louisiana, more particularly described as follows, to-wit:
The rear 44.5 feet of Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Three (3) of the Welch Addition to the City of Alexandria, fronting 44.5 feet on Fourteenth Street in the City of Alexandria, and running back between parallel lines along an alley a distance of 100 feet to the East line of Lot 9 of said Block 3, in the rear; all as more particularly shown on plat by Pan American Engineers dated December 13, 1956, a copy of which is recorded in Conveyance Book 506, Page 309, and being the same property acquired by Harry Longwell from Fern Wilbert, et al., by deed recorded in Conveyance Book 506, Page 309, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 116 North 14th Street, Alexandria, LA 71301 said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from MERCIDES HARLEY to purchase said property for the consideration of $2,333.33 c a s h , at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or twothirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to MERCIDES HARLEY, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that: Section 1. A certain piece, parcel or tract of land together with all buildings and improvements situated thereon, and all rights, ways and privileges thereto appertaining, being, lying and situated in Rapides Parish, Louisiana, more particularly described as follows, to-wit:
The rear 44.5 feet of Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Three (3) of the Welch Addition to the City of Alexandria, fronting 44.5 feet on Fourteenth Street in the City of Alexandria, and running back between parallel lines along an alley a distance of 100 feet to the East line of Lot 9 of said Block 3, in the rear; all as more particularly shown on plat by Pan American Engineers dated December 13, 1956, a copy of which is recorded in Conveyance Book 506, Page 309, and being the same property acquired by Harry Longwell from Fern Wilbert, et at., by deed recorded in Conveyance Book 506, Page 309, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 116 North 14th Street, Alexandria, LA 71301 Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
the mortgage and conveyance records of Rapides Parish, the current telephone book, any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of State set forth by the names of identified entities
REGULAR MEETING
APRIL 9, 2012
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 s hall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five (5) years have elapsed from the filing of the tax sale certificate (formerly "process verbal"), or six
- (6) months after the date of the notice provided for in this Subsection, if five (5) years have not elapsed since the filing of the tax sale certificate (formerly "process verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty (60) days, for property on which a tax sale certificate (formerly "process verbal") was filed over five (5) years previous of the first publication, or six (6) month if the tax sale certificate (formerly "process verbal") was filed less than five (5) 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 (60) sixty-day or (6) six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten (10) days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser, or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mi neral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
REGULAR MEETING
APRIL 9, 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 warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections
- (c) or (d) of this Section, only insofar as they affect the property.
REGULAR MEETING
APRIL 9, 2012
(f} The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 9th day of April, 2012.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to adopt an ordinance authorizing the sale of Abandoned/Adjudicated property being parts of Lots Eleven (11) and Twelve (12) of Square Fourteen (14) of the South Alexandria Land Company’s Limited Addition, Alexandria to Juluis and Cleo Mines for the consideration of $2,066.67 cash. On vote the motion carried. ADOPT SALE MASON STREET
- J. MINES
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain piece, parcel or tract of land, together with all buildings and improvements thereon situated and all rights, way and privileges thereunto appertaining, being, lying and situated thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana and being more particularly described as follows:
Parts of Lots Eleven (11) and Twelve (12) of Square Number Fourteen (14) of the South Alexandria Land Company's Limited's Addition, as per recorded in Plat Book 1, page 14 of the records of Rapides Parish, Louisiana; more particularly described as follows:
That part of Lot Eleven (11), being a strip ten (10) feet wide off of that side thereof lying next to and adjoining Lot Twelve (12), being a strip of Thirty (30) feet wide off of the side lying next to and adjoining Lot Eleven (11), the two strips having a total frontage of Forty (40) feet on Mason Street and running back there from between parallel line 150 feet.
TO JULIUS MINES,
Married to and living in community with Cleo Mines FOR THE CONSIDERATION OF $2,066.67 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of land, together with all buildings and improvements thereon situated and all rights, way and privileges thereunto appertaining, being, lying and situated thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana and being more particularly described as follows:
Parts of Lots Eleven (11) and Twelve (12) of Square Number Fourteen (14) of the South Alexandria Land Company's Limited's Addition, as per recorded in Plat Book 1, page 14 of the records of Rapides Parish, Louisiana; more particularly described as follows: REGULAR MEETING APRIL 9, 2012
That part of Lot Eleven, being a strip ten (10) feet wide off of that side thereof lying next to and adjoining Lot Twelve (12), being a strip of Thirty (30) feet wide off of the side lying next to and adjoining Lot Eleven (11), the two strips having a total frontage of Forty (40) feet on Mason Street and running back therefrom between parallel line 150 feet.
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 JULIUS MINES to purchase said property for the consideration of $2,066.67 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or twothirds (2/3) of the appraised value of the property; and
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to JULIUS MINES, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that: Section 1. A certain piece, parcel or tract of land, together with all buildings and improvements thereon situated and all rights, way and privileges thereunto appertaining, being, lying and situated thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana and being more particularly described as follows:
Parts of Lots Eleven (I1) and Twelve (12) of Square Number Fourteen (14) of the South Alexandria Land Company's Limited's Addition, as per recorded in Plat Book 1, page 14 of the records of Rapides Parish, Louisiana; more particularly described as follows:
That part of Lot Eleven, being a strip ten (10) feet wide off of that side thereof lying next to an adjoining Lot Twelve (12), being a strip of Thirty (30) feet wide off of the side lying next to an adjoining Lot Eleven (I 1), the two strips having a total frontage of Forty (40) feet on Mason Street and running back there from between parallel line 150 feet.
Rapides Parish, Louisiana should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
the mortgage and conveyance records of Rapides Parish, the current telephone book, any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of State 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 he maintained by the purchaser as indicia of compliance with the notice requirements;
REGULAR MEETING
APRIL 9, 2012
Section 4. The acquiring person shall send a written notice notifying any tax sale par ty whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty (60) days from the date of the notice provided in this Subsection, if five (5) years have elapsed from the filing of the tax sale certificate (formerly "process verbal"), or six
- (6) months after the date of the notice provided for in this Subsection, if five (5) years have not elapsed since the filing of the tax sale certificate (formerly "process verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty (60) days, for property on which a tax sale certificate (formerly "process verbal") was filed over five (5) years previous of the first publication, or six (6) month if the tax sale certificate (formerly "process verbal") was filed less than five (5) 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 (60) sixty-day or (6) six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten (10) days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process. NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
REGULAR MEETING
APRIL 9, 2012
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections
- (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances REGULAR MEETING APRIL 9, 2012
shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 9th day of April, 2012
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to adopt an ordinance authorizing the sale of Abandoned/Adjudicated property being part of Lot Forty - Five (45) of the Esler Heights Subdivision bearing no municipal address on Duncan Road, Pineville to Brian Bordelon for the c onsideration of $4,333.33 cash. On vote the motion carried. ADOPT SALE DUNCAN ROAD
- B. BORDELON
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the Parish of Rapides, State of Louisiana, and being more particularly described thus: Part of Lot Number Forty-five (#45) of the Esler Heights, a Subdivision in Northwest Quarter of Section 29, Township 5 North, Range I East, Rapides Parish, Louisiana, as per official plat thereof duly recorded in Plat Book 12, page 7, records of Rapides Parish, Louisiana, fronting 100 feet on an unnamed street or road as shown by said plat and extending back there from between parallel lines a distance of 180 feet to the remaining portion of Lot #45 in rear.
Municipal Address of the Property Duncan Road, Pineville, LA.
TO BRIAN BORDELON
FOR THE
CONSIDERATION OF $4,333.33 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the Parish of Rapides, State of Louisiana, and being more particularly described thus: Part of Lot Number Forty-five (#45) of the Esler Heights, a Subdivision in Northwest Quarter of Section 29, Township 5 North, Range 1 East, Rapides Parish, Louisiana, as per official plat thereof duly recorded in Plat Book 12 page 7, records of Rapides Parish. Louisiana, fronting 100 feet on an unnamed street or road as shown by said plat and extending back there from between parallel lines a distance of 180 feet to the remaining portion of Lot #45 in rear.
Municipal Address of the Property: Duncan Road, Pineville, LA.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
REGULAR MEETING
APRIL 9, 2012
WHEREAS, a request has been received from Brian Bordelon to purchase said property for the consideration of $4,333.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to BRIAN BORDELON for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the Parish of Rapides, State of Louisiana, and being more particularly described thus: Part of Lot Number Forty-five (#45) of the Esler Heights, a Subdivision in Northwest Quarter of Section 29, Township 5 North, Range 1 East, Rapides Parish, Louisiana, as per official plat thereof duly recorded in Plat Book 12 page 7, records of Rapides Parish, Louisiana, fronting 100 feet on an unnamed street or road as shown by said plat and extending back there from between parallel lines a distance of 180 feet to the remaining portion of Lot #45 in rear.
Municipal Address of the Property: Duncan Road, Pineville, LA.
Rapides Parish, Louisiana should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
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 State’s 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 writt en notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty (60) days from the date of the notice provided in this Subsection, if five (5) years have elapsed from the filing of the tax sale certificate (formerly "process verbal"), or six
- (6) months after the date of the notice provided for in this Subsection, if five (5) years have not elapsed since the filing of the tax sale certificate (formerly "process verbal");
REGULAR MEETING
APRIL 9, 2012
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty (60) days, for property on which a tax sale certificate (formerly "process verbal") was filed over five (5) years previous of the first publication, or six (6) month if the tax sale certificate (formerly "process verbal") was filed less than five (5) 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 (60) sixty-day or (6) six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten (10) days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial app lication fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/ or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose. REGULAR MEETING APRIL 9, 2012
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
(d)With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
(e)Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections
- (c) or (d) of this Section, only insofar as they affect the property.
(f)The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the REGULAR MEETING APRIL 9, 2012
affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 9th day of April, 2012
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to adopt an ordinance authorizing the sale of Abandoned/Adjudicated property be ing a part of Lot “D” of a subdivision of Lot Eleven (11) of the Eastern portion of Lot Three (3) of Oak Isle Plantation bearing the Murphy and Hannelore Valair for the consideration of $6,226.94 cash. On vote the motion carried. ADOPT SALE FIRST STREET
- H. VALAIR
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain piece, parcel or tract of land with all buildings and improvements thereon and all rights, ways and privilege thereunto appertaining, being, lying and situated in the Parish of Rapides, State of Louisiana, and being a portion of Lot "D" of a subdivision of Lot Eleven (11) of the Eastern portion of Lot Three (3) of Oak Isle Plantation, as per plat of survey thereof by Trion Lafargue dated October 31, 1946, attached to the original instrument number 308421, a deed from Joe D. Brown to Mrs. Eulalie R. Samson recorded in Conveyance Book 333, page 374, records of Rapides Parish, Louisiana and being more particularly described as follows:
Commence at a point common to Lot "C" and Lot "D" of the subdivision of Lot Eleven
- (11) on Cappel Road; thence run in a northerly direction along said road a distance of 108.7 feet to the intersection of Cappel Road with a street commonly known as First Street; from the frontage thus established on Cappel Road, run back between parallel and perpendicular lines a distance of 100 feet, being that same property acquired by Harold E. Wolff from Robert L. West by deed dated June 28, 1974, recorded under original instrument No. 628991 at Conveyance Book 838, page 531, records of Rapides Parish, Louisiana.
married to and living in community with Hannelore VaLair FOR THE CONSIDERATION OF $6,226.94 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of land with all buildings and improvements thereon and all rights, ways and privilege thereunto appertaining, being, lying and situated in the Parish of Rapides, State of Louisiana, and being a portion of Lot "D" of a subdivision of Lot Eleven (11) of the Eastern portion of Lot Three (3) of Oak Isle Plantation, as per plat of survey thereof by Trion Lafargue dated October 31, 1946, attached to the original instrument number 308421, a deed from Joe D. Brown to Mrs.Eulalie R. Samson recorded in Conveyance Book 333, page 374, records of Rapides Parish, Louisiana and being more particularly described as follows:
Commence at a point common to Lot "C" and Lot "D" of the subdivision of Lot Eleven
- (11) on Cappel Road; thence run in a northerly direction along said road a distance of 108.7 feet to the intersection of Cappel Road with a street commonly known as First Street; from the REGULAR MEETING APRIL 9, 2012
frontage thus established on Cappel Road, run back between parallel and perpendicular lines a distance of 100 feet, being that same property acquired by Harold E. Wolff from Robert L. West by deed dated June 28, 1974, recorded under original instrument No. 628991 at Conveyance Book 838, page 531, records of Rapides Parish, Louisiana.
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from Murphy VaLair, married to and living in community with Hannelore VaLair to purchase said property for the consideration of $6,226.94 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to Murphy VaLair, married to and living in community with Hannelore VaLair, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land with all buildings and improvements thereon and all rights, ways and privilege thereunto appertaining, being, lying and situated in the Parish of Rapides, State of Louisiana, and being a portion of Lot "D" of a subdivision of Lot Eleven (11) of the Eastern portion of Lot Three (3) of Oak Isle Plantation, as per plat of survey thereof by Trion Lafargue dated October 31, 1946, attached to the original instrument number 308421, a deed from Joe D. Brown to Mrs. Eulalie R. Samson recorded in Conveyance Book 333, page 374, records of Rapides Parish, Louisiana and being more particularly described as follows:
Commence at a point common to Lot "C" and Lot "D" of the subdivision of Lot Eleven
- (11) on Cappel Road; thence run in a northerly direction along said road a distance of 108.7 feet to the intersection of Cappel Road with a street commonly known as First Street; from the frontage thus established on Cappel Road, run back between parallel and perpendicular lines a distance of 100 feet, being that same property acquired by Harold E. Wolff from Robert L. West by deed dated June 28, 1974, recorded under original instrument No. 628991 at Conveyance Book 838, page 531, records of Rapides Parish, Louisiana.
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
the mortgage and conveyance records of Rapides Parish, the current telephone book, any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of State’s 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 REGULAR MEETING APRIL 9, 2012
the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to rede em the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty (60) days from the date of the notice provided in this Subsection, if five (5) years have elapsed from the filing of the tax sale certificate (formerly "process verbal"), or six
- (6) months after the date of the notice provided for in this Subsection, if five (5) years have not elapsed since the filing of the tax sale certificate (formerly "process verbal");
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the 'Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty (60) days, for property on which a tax sale certificate (formerly "process verbal") was filed over five (5) years previous of the first publication, or six (6) month if the tax sale certificate (formerly "process verbal") was filed less than five (5) 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 (60) sixty-day or (6) six-month periods, as applicable, set forth in R.S. 47:2206 {A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten (10) days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney's office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier's check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapid.es shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities REGULAR MEETING APRIL 9, 2012
shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person's intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207
- B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any REGULAR MEETING APRIL 9, 2012
damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 9th day of April, 2012
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to correct term ending dates of previous board appointments per Legal Counsel’s approval: CORRECT APPT BOARD DATES
Appointee Board Name Term Ending Terry J. Arceneaux Communications District 04/09/12 Cedric Williams Esler Industrial Development Area Advisory Board 02/14/13 Vonda Clark Mosquito Abatement District No. 1 09/09/13 Mark Manuel Mosquito Abatement District No. 1 09/09/13 Scott Linzay England Economic and Industrial Development District 09/10/13 Judith Rozier Children & Youth Planning 02/14/14 Cotrell Wrenn Children & Youth Planning 02/14/14 Derrick Kirk Children & Youth Planning 02/14/14 Vance Johnson Ward 6 Recreation District 02/11/16 Bob Stevens Poland Recreation District 04/11/14
On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, for legal counsel to continue process in the matter concerning Stock Landing Road ( RPPJ v. Dr. Thomas Reich , Civil Docket No. 236,506 -F, 9 th JDC consolidated wit h RPPJ v. Catahoula Boys Hunting and Social Club, Inc. , Civil Docket No. 236,507 consolidated with RPPJ v. Richard E. Lee and Betty Lou Krist Dent , Civil Docket No. 236,508). On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to receive the required report from Acadian Ambulance under the Contract for February, 2011:
CONTINUE LEGAL
STOCK LANDING
CATAHOULA BOY
DR. REICH
ACCEPT ACADIAN
AMBULANCE
Response Number Required Compliance Zone Responses % % Alexandria - 8 minute 425 80% 88.24% Pineville - 8 minute 141 80% 82.98% Rapides - 12 minute 164 80% 90.24% Rapides - 20 minute 165 80% 83.64%
On vote the motion carried.
On m otion by Mr. Oliver Overton , seconded by Mr. Joe Bishop, to omit the following motion. It is a duplicate on the agenda.
OMIT ITEM
DUPLICATE
REGULAR MEETING
APRIL 9, 2012
Motion to waive the thirty (30) day announcement rule and reappoint Mr. Terry J. Arceneaux (Emergency Medical Services) to the Communic ations District for a four (4) year term, term will expire on April 9, 2016.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop to add the following items to the agenda. On vote the motion carried.
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.
Ms. Wilson from the Regis trar of Voters’ office spoke briefly on various House Bills that affect the election process and how and where to register to vote.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to adopt a resolution against disbanding and eliminating the Louisiana Air National Guard 259th Air Traffic Control Squadron which provides air traffic control services for the Alexandria International Airport. On vote the motion carried. REAPPT COMM
- T. ARCENEAUX
ADD TO AGENDA
REG OF VOTERS
MS. WILSON
ELECTION CHGS
ADOPT RESOL
259TH AIR TRAFFIC AT AEX
A RESOLUTION OPPOSING THE ELIMINATION OF THE LOUISIANA NATIONAL GUARD 259TH AIR TRAFFIC CONTROL SQUADRON AND REQUESTING SUPPORT FROM STATE OF LOUISIANA AND CONGRESSIONAL DELEGATION TO REVERSE SAID PLAN
WHEREAS, England Airpark and Alexandria International Airport host the Louisiana National Guard 259th Air Traffic Control Squadron, and;
WHEREAS, the 259th controls the safe movement and flight of all fixed and rotary wing aircraft at Alexandria International Airport, and;
WHEREAS, Alexandria International Airport is an important air facility for general aviation, commercial aviation, regional Gulf Coast Disaster Relief and the aerial port of embarkation for Fort Polk, and;
WHEREAS, all troops entering or leaving our nation’s premier light infantry training facility, Fort Polk, move through Alexandria International Airport and are thus controlled by the 259th, and;
WHEREAS, all troops conducting real world deployments move through Alexandria International Airport and are thus controlled by the 259th, and;
WHEREAS, the 259th Air Traffic Control Squadron has safely moved over 500,000 troops and 170,000 tons of military cargo through Alexandria International Airport, and;
REGULAR MEETING
APRIL 9, 2012
WHEREAS, said unit has regularly deployed overseas to such places as Kosovo, Iraq, Afghanistan and Diego Garcia, and;
WHEREAS, said unit has played an indispensable role in disaster relief in Louisiana and the Gulf Coast.
NOW THEREFORE BE IT RESOLVED BY THE RAPIDES PARISH POLICE JURY, in legal session convened, that this body goes on record as supporting the continued existence and operation of the 259th Air Traffic Control unit, and;
BE IT FURTHER RESOLVED, that the 259th ATC support of Fort Polk, and its critical training and deployment mission is essential to the successful future of Fort Polk, and;
BE IT FURTHER RESOLVED, that the 259th ATC disaster support role is essential to the safety and well-being of the citizens of Louisiana and the Gulf Coast, and;
BE IT FURTHER RESOLVED that this body respectfully calls upon Governor Jindal, the Louisiana State Legislature, Adjutant General Curtis, and the Louisiana Congressional Delegation to take such actions as are necessary to save the 259th ATC from elimination as proposed by the proposed Air Force budget.
Passed, approved and adopted this 9th day of April, 2012.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to adopt a resolution to amend out of SB499 and HB1001. On vote the motion carried. ADOPT RES SB499 HB1001
RESOLUTION
BE IT RESOLVED that the Rapides Parish Police Jury does hereby oppose Senate Bill No. 499 proposed in the 2012 Louisiana Legislative Session which proposes to the Senate Floor.
WHEREAS, the provision of Senate Bill No. 499 shall not apply to Rapides Parish.
BE IT FURTHER RESOLVED that a copy of this resolution to be sent to our Louisia na Legislative Delegation and the Police Jury Association of Louisiana.
THUS PASSED AND APPROVED on this 9th day of April, 2012.
RESOLUTION
BE IT RESOLVED that the Rapides Parish Police Jury does hereby oppose House Bill No. 1001 proposed in the 2012 Louisiana Legislative Session which proposes to House Ways and Means Committee.
WHEREAS, the provision of House Bill No. 1001 shall not apply to Rapides Parish.
BE IT FURTHER RESOLVED that a copy of this resolution to be sent to our Louisiana Legislative Delegation and the Police Jury Association of Louisiana.
THUS PASSED AND APPROVED on this 9th day of April, 2012.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to adjourn at 3:35 p.m. On vote the ADJOURN REGULAR MEETING APRIL 9, 2012
motion carried.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.