Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
April 8, 2013 other
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Police Jury Meeting Room 2nd Floor, Parish Courthouse
Posted April 4, 2013
REGULAR SESSION
APRIL 8, 2013 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
- Motion to lay over the adoption of the minutes of the Rapides Parish Police Jury held in Regular Session on March 18, 2013, to the April agenda, due to not being published until April 13, 2013.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (FINANCE 4/1)
- Motion to replace three (3) vehicles from the Juvenile Services at a maximum cost of $35,000, as requested by the Director of Juvenile Services. (FINANCE 4/1)
- Motion to enter into an Intergovernmental Agreement with the Coliseum Authority to perform accounting functions including the running of payroll as well as purchasing and accounts payable. (The payrolls will be paid on the 15th and last day of the month, all bills will be approved by the Coliseum Authority). (FINANCE 4/1) REGULAR SESSION APRIL 8, 2013 Page | 2
- Motion to reimburse the expenses of Mr. Richard Billings who attended the Southeast Texas and Southwest Louisiana Area Committee meeting on March 21, 2013 in Carlyss, Louisiana in reference to maintaining an Area Contingency Plan to improve oil spill response planning and preparedness. (FINANCE 4/1)
- Motion to amend a certain motion of March 18, 2013, to authorize the sale of Asset No. 9660 (2005 International Cab & Chassis) from Rapides an amount not to exceed $15,000; authorize the transfer of funds; and amend the current Asset Inventory List. (FINANCE 4/1)
- Motion to adopt a resolution for the financing agreement with Hancock Bank Government Leasing for the lease -purchase of three (3) New Holland Workmaster Tractors (State Contract No. 408609) and three (3) Woods Ditch Bank Cutters (State Co ntract No. 409461) for a total amount of $82,949.99; to be purchased from H & E Equipment Company for the Parish Highway Department; with the terms and conditions of three(3) annual payments at an interest rate of 1.91%, and authorize the President to sign all necessary documents. (FINANCE 4/1)
- Motion to delete the following equipment from the Rapides Parish Highway Department Asset/Inventory as they are no longer suitable for public use and will be placed in an upcoming auction:
Asset Number Description Purchase Date 7287 1996 Chevy Caprice 05-15-96 9242 John Deere Tractor 04-30-02 9241 John Deere Tractor 04-30-02 7808 John Deere Tractor 03-02-98 8701 2001 Econo Van 08-01-01 6740 Koehring Dragline Unknown 2788 Sign Laminator 07-01-73 w/heating element (FINANCE 4/1)
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APRIL 8, 2013 Page | 3
- Motion to adopt an ordinance to amend Section 2 -21.1(a) and Section 2 - 21.1(b)(2), to change the meal allowance to be the same as required by the State, Tier I through Tier IV. (FINANCE 4/1)
- Motion to accept the Public Works Director's Report. (PUBLIC WORKS 4/1)
- Motion to award Bid No. 2277 – Liquid Asphalt (CRS -2) to the low bidder, Ergon Asphalt & Emulsions, Inc., for an amount of $1.83 per gallon delivered (6 month contract), as recommended by the Purchasing Agent. (PUBLIC WORKS 4/1)
- Motion to award Bid No. 2278 – Liquid Asphalt (MC -30) to the low bidder, Asphalt Products Unlimited, Inc., for an amount of $3.89 per gallon delivered (6 month co ntract), as recommended by the Purchasing Agent. (PUBLIC WORKS 4/1)
- Motion to award Bid No. 2284 – Various Bituminous Materials (Hot & Cold Mix), to the low bidder, Diamond B. Construction Company, LLC for plant price (6 month contract) as follow s: Hot Mix ($59.50 per ton) and Cold Mix ($89.00 per ton), as recommended by the Purchasing Agent. (PUBLIC WORKS 4/1)
- Motion to authorize the renewal of pre -approved emergency debris sites, with the Louisiana Department of Environmental Quality, located at Hester Landing Road, Vanzant Road and Esler Field Road, for Rapides Parish and authorize the President to sign all necessary documents. (PUBLIC WORKS 4/1)
Course Aggreg ates, and Pit Run)to the following bidders based on availability of material and haul distance: Larry Grayson & Son Trucking REGULAR SESSION APRIL 8, 2013 Page | 4
(Items No. 2A, 2B, 2C, 3, 4 and 5); Luhr Bros., Inc. (Items No. 6, 7A, 7B, 7D, and 8A); Pine Bluff Sand & Gravel (Items No . 7C, 9A, and 9B); and E & E Construction Company (Item No. 10); contract to begin on April 1, 2013 and end March 31, 2014, as recommended by the Purchasing Agent. (PUBLIC WORKS 4/1)
- Motion to award Bid No. 2282 Reinforced Concrete Pipe (annual contract) to Rinker Materials for all Items bid, contract to begin on April 1, 2013 and end on March 31, 2014, as recommended by the Purchasing Agent. (PUBLIC WORKS 4/1)
- Motion to extend parish maintenance two hundred twenty -five feet to the west end of Audrey Drive (Ward 10, District C) located within the existing fifty foot right -of-way dedication as recommended by Public Works Director. (PUBLIC WORKS 4/1)
- Motion to accept the recommendation of the Louisiana Wildlife and Fisheries to allow the stocking of approximately 1,000 sterile carp in Cotile Lake. (Carp to be furnished by LWLF) (PUBLIC WORKS 4/1)
- Motion to amend that certain motion of March 18, 2013 to a motion to accept the new alignment of the Cotton Island Road for maintenance and abandon the existing portions of Cotton Island Road, that are no longer needed located on the property of the Nugent Family in Section 27, T6N - R2E, to eliminate an S -curve approximately 440’ and 240’ in length, subject to the dedication of a util ity servitude to service the existing utilities in the revoked portion, as recommended by the Public Works Director and the Rapides Area Planning Commission and approval of Legal Counsel. (PUBLIC WORKS 4/1)
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- Motion to consider and take action with respect to adopting a resolution providing for the review and tabulation of the sealed and electronic bids received for the purchase of Twenty-Three Million Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana, approving t he Official Notice of Bond Sale and Of ficial Statement in connection therewith. (WORKFORCE 4/1)
- Motion to consider and take action with respect to adopting a resolution accepting the lowest and best bid received for the purchase of Twenty - Three M illion Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana, and providing for other matters in connection therewith. (WORKFORCE 4/1)
- Motion to consider and take action with respect to adopti ng a resolution incurring of debt and issuance of Twenty -Three Million Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating t he date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith. (WORKFORCE 4/1)
- Motion to authorize the President to sign the lease agr eement with the Louisiana Workforce Commission (Louisiana Department of Labor) for the rental of approximately 3,446 square feet of shared office space located at 5610B Coliseum Blvd., for the Rapides Business & Career Solutions Center as recommended by the WOD Director and Treasurer. (WORKFORCE 4/1)
- Motion to adopt a resolution in support of the renaming of the Rapides Primary Medical Center to Israel Bo Curtis Medical Center. (WORKFORCE 4/1)
- Motion to accept the construction contract wi th Rylee Contracting, Inc. for the Red River Levee Recertification, Pineville Gravity Sewer Plugged REGULAR SESSION APRIL 8, 2013 Page | 6
and Sealed Abandoned Outfall Project (Rapides D/R Location No. 3) as Substantially Complete and adopt a Resolution of Contract Acceptance; and authorize the President to sign same, as recommended by Pan American, Project Engineer and Frye Magee, Program Consultant. (GRANTS 4/1)
- Motion to enter into a Cooperative Agreement with Atmos Energy to relocate utilities to facilitate construction of the T ransportation Improvements for the Coughlin Industrial Complex, Phase 3 (FP&C Project No. 50 -252-04B-05), as approved by the Louisiana Division of Administration, Facility Planning and Control, and ratify the President’s signature. (GRANTS 4/1)
- Motion to adopt a resolution awarding the Transportation Improvements for Coughlin Industrial Complex Phase III Project (Facility Planning & Control Project No. 05 -252-04B-05) to Gilchrist Construction Company, LLC, the low bidder for an amount of $1,85 7,390.40, contingent upon approval from the State of Louisiana, Office of Community Development, as recommended by Meyer, Meyer, LaCroix and Hixson, Project Engineer. (GRANTS 4/1)
- Motion to adopt a resolution to authorize to advertise for bids fo r the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Location 5- Water Utility Relocations at Lakeview Street and Sanders Street (City of Pineville), as recommended by the Project Engineer. (GRANTS 4/1)
- Motion to adopt a resolution to authorize to advertise for bids for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Location 6- Riverside Drive, South Sanders Street, South Lakeview Street, Sewer Utility Relocations (City of Pineville), as recommended by the Project Engineer. (GRANTS 4/1)
- Motion to adopt a resolution to authorize to advertise for bids for the Rapides Gustav/Ike CDBG Disaster Recovery Program, Location 7 – REGULAR SESSION APRIL 8, 2013 Page | 7
Abandoned Outfall Plugging and Sealing at Rembert Street (City of Pineville), as recommended by the Project Engineer. (GRANTS 4/1)
- Motion to adopt a resolution to authorize to advertise for bids for the Rapides Gustav/Ike CDBG Disaster Recovery Program, Location 8 – Sewer Relocation Lakeview Street to Sanders Street (City of Pineville ), as recommended by the Project Engineer. (GRANTS 4/1)
- Motion to authorize to adopt a resolution to advertise for bids for the Rapides Gustav/Ike CDBG Disaster Recovery Program, Location 10 – 84” and 60” Gravity Drainage Outfall Rehabilitation at Huffman Creek (City of Pineville), as recommended by the Project Engineer. (GRANTS 4/1)
- Motion to adopt a Citizen Participation Plan and Citizen Complaint Procedure for the FY 2014-2015 LCDBG Grant Program. (GRANTS 4/1)
- Motion to adopt a Procurement Policy for the 2014 -2015 LCDBG Grant Program. (GRANTS 4/1)
- Motion to award the construction contract to the Low Bidder, Don M. Barron Contractor, Inc., for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Project No. 40P ARA3305-01, for the City of Pineville, Location 4 -Pineville Main Street Sewer and Water Utility Relocations, as recommended by Pan American Engineers, Project Engineer and Frye Magee, Program Consultant, pending final approval of applicable review agencies. (GRANTS 4/1)
- Motion to approve Change Order 1 for the construction contract with Don
- M. Barron Contracting, Inc. for the Red River Levee Recertification, Gravity Drainage Outfall Rehabilitation at Spanish Bayou (Rapides D/R - REGULAR SESSION APRIL 8, 2013 Page | 8
Location No. 9) Gustav/Ike CDBG Project 40PARA3305 -01 for an increase of $100.00 to revise the contract amount to the actual bid amount, as recommended by Pan American, Project Engineer and authorize the President to sign. (GRANTS 4/1)
- Motion to approve amending the Project Management Contract between the Rapides Parish Police Jury and the Rapides Area Planning Commission regarding the Greenway Park Subdivision Acquisition Project, Hazard CFDA No. 97.039 to include a payment schedule. Contract cost has not changed. (GRANTS 4/1)
- Motion authorizing the President to sign the amendment to the Project Management Contract between the Rapides Parish Police Jury and the Rapides Area Plannin g Commission regarding the Greenway Park Subdivision Acquisition Project, Hazard Mitigation Grant Program (GRANTS 4/1)
- Motion to authorize to enter into negotiations for an Intergovernmental Agreement between the Rapides Parish Police Jury, Rapides Parish Library, and Rapides Parish School Board for the purpose of the securing by purchase or lease of a portion of the Peabody High School property as the site for the construction of the Ma rtin Luther King, Jr. Branch Library (Broadway Street); contingent upon legal counsels approval, to be paid with Library Funds and authorize the President to sign all necessary documents. (PAROCHIAL 4/1)
- Motion to enter into a professional services agreement with Alliance Design Group for the architectural work associated with the construction of the new Martin Luther King, Jr. Branch Library (Broadway Street); contingent upon legal counsel approval; to be paid with Library Funds; and authorize the President to sign all necessary documents. (PAROCHIAL 4/1)
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- Motion to enter into a professional services agreement with Ben N. Hargis, Real Estate Appraiser/ Consultant for preparing an appraisal of the value of the land/or lease value of the l and that the Library seeks to obtain from the Rapides Parish School Board for the construction of the new Martin Luther King, Jr. Branch Library (Broadway Street); contingent upon legal counsel approval; to be paid with Library Funds; and authorize the President to sign all necessary documents. (PAROCHIAL 4/1)
- Motion to adopt a resolution proclaiming the month of April as Fair Housing month. (MUNICIPAL LIAISON 4/1)
- Motion to delete from the Rapides Parish Fire District #6 Asset/Inventor y Program the equipment listed below as they are no longer suitable for public use and will be auctioned:
ASSET NUMBER DESCRIPTION PURCHASE DATE
5793 1984-International Truck 03-21-90 9064 1993-GMC Truck 11-20-01 (INSURANCE 4/1)
- Motion to receive the required report from Acadian Ambulance under the Contract for February 2013:
Response Number of Required Compliance Zone Responses % % Alexandria -8 minutes 391 80% 91.30% Pineville -8 minutes 124 80% 84.68% Rapides -12 minutes 142 80% 90.85% Rapides -20 minutes 125 80% 84.80% (INSURANCE 4/1)
(2/3 VOTE TO ADD TO AGENDA AFTER COMMITTEE)
- Motion to enter into an Intergovernmental Agreement with the Town of Ball to replace a double set of culverts on Powell Lane with the Police Jury to provide labor and equipment, and materials to be paid out of Road District 10A funds, as recommended by the Public Works Director. REGULAR SESSION APRIL 8, 2013 Page | 10
(Mr. Moreau)
- Motion to appoint Mr. Reginald Ingram to the Rapides Area Planning Commission Board for a five (5) year term. Term will expire April 8, 2018. (Mr. Moreau)
- Motion to appoint Ms. Jimmie Bernard to the Ward 10 Recreation Board, to fill the unexpired term of Mr. Kevin Basco. Term will expire October 9, 2014. (Mr. Moreau)
- Motion to revise the Intergovernmental Agreement with the Town of Ball from the list of roads to be resealed and to add Cindy Street and Tall Pine Road to the list of streets to be resealed in the Ball municipal limits as requested by the Town of Ball, to be paid out of District A Ward 10 funds, as recommended by the Public Works Director. (Mr. Moreau)
(UNANIMOUS VOTE REQUIRED TO PLACE ITEM
ON AGENDA AFTER POSTED)
ADJOURNMENT
- In accordance with the Americans with Disabilities Act, if you need special assistance to attend this public meeting, please contact the Police Jury Office at
April 8, 2013 other
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The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, April 8, 2013, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Joe Bishop, President, Davron “Bubba” Moreau, Vice President, and Police Jurors Richard Vanderlick, Oliver “Ollie” Overton, Jr., Richard Billings, Scott Perry, Jr., Craig Smith and Sean McGlothlin.
Absent: Mr. Theodore Fountaine, Jr.
Also present were Mr. Tim Ware, Treasurer; Mr. Dennis Woodward, Public Works Director; Ms. Elaine Morace, WOD Director; Donna Andries, Sales and Use Tax Director, Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Linda Sanders, Civil Service Director; Chief Randy McCain, Fire District No. 2; Mr. Thomas O. Wells, Legal Counsel; and Ms. Laurel Smith, Secretary.
The invocation was given by Mr. Richard Billings.
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. Joseph “Joe” Bishop, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any Public Comment on any Agenda Item, to which there was no response.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to lay ove r the adoption of the minutes of the Rapides Parish Police Jury held in Regular Session on March 18, 2013, to the May agenda, due to not being published until April 13, 2013. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, that approved bills be paid. On vote the motion carried.
On motion by Mr. Richard Billings , seconded by Mr. Ollie Overton , to accept the Treasurer’s Report. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to replace three (3) vehicles from the Juvenile Services at a maximum cost of $35,000, as requested by the Director of Juvenile Services. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded b y Mr. Richard Vanderlick, to enter into an Intergovernmental Agreement with the Coliseum Authority to REGULAR SESSION APRIL 8, 2013
perform accounting functions including the running of payroll as well as purchasing and accounts payable. (The payrolls will be paid on the 15th and las t day of the month; all bills will be approved by the Coliseum Authority). On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to reimburse the expenses of Mr. Richard Billings who attended the Southeast Texas and Southwest Louisiana Area Committee meeting on March 21, 2013 in Carlyss, Louisiana in reference to maintaining an Area Contingency Plan to improve oil spill response planning and preparedness. On vote the motion carried.
On m otion by Mr. Ollie Overton, sec onded by Mr. Richard Billings, to amend a certain motion of March 18, 2013, to authorize the sale of Asset No. 9660 (2005 International Cab & Chassis) from Rapides Parish Fire District No. 7 to the Rapides Parish Highway Department in an amount not to exce ed $15,000; authorize the transfer of funds; and amend the current Asset Inventory List. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to adopt a resolution for the financing agreement with Hancock Bank Government Leasing for the lease -purchase of three (3) New Holland Workmaster Tractors (State Contract No. 408609) and three (3) Woods Ditch Bank Cutters (State Contract No. 409461) for a total amount of $82,949.99; to be purchased from H & E Equipment Company for the Parish Highway Department; with the terms and conditions of three(3) annual payments at an interest rate of 1.91%, and authorize the President to sign all necessary documents. (Exhibit A)
AUTHORIZING RESOLUTION
(Exhibit E)
Whereas, the Rapides Parish Police Jury (the "Purchaser"), a body politic and corporate duly organized and existing as a political subdivision of the State of Louisiana (the "State"), is authorized by the laws of the State to purchase and acquire movable property for the benefit of the Purchaser and its citizens and to enter into contracts with respect thereto; and
Whereas, the Purchaser desire s to purchase and acquire certain equipment constituting movable property necessary for the Purchaser to perform essential governmental functions; and
Whereas, in order to acquire such equipment, the Purchaser proposes to enter into that certain Equipmen t Installment Purchase Agreement (the "Agreement") with Hancock Bank (the "Bank"), the form of which has been
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APRIL 8, 2013
presented to the governing body of the Purchaser at this meeting hereto attached as Exhibit (A) to this resolution; and
Whereas, the governin g body of the Purchaser deems it beneficial to the Purchaser and for the efficient and effective administration thereof to enter into the Agreement for the financing of the purchase and acquisition of the equipment therein described on the terms and conditions therein provided; and
Whereas, the governing body of the Purchaser anticipates that it will not issue more than $10,000,000.00 of qualified tax -exempt obligations during calendar year 2013 and desires to designate the Agreement as a qualified tax - exempt obligation of the Purchaser for purposed of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended; and
Whereas, to the best knowledge and belief of the governing body, this Agreement qualifies as a qualified project bond with the meanin g of the Tax Reform Act of 1986;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Approval of Documents. The form, terms and provisions of the Agreement are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by the counsel of the Purchaser or other members of the governing body of the Purchaser executing the same, the execution of such documents being conclusive evidence of such approval; and the President of the Purchaser is hereby authorized and directed to execute, and the Secretary of the Purchaser is hereby authorized and directed to attest and countersign where appropriate, the Agreement and any related agreements, exhibits, and attachments, related to the Agreement, and the Secretary of the Purchaser is hereby authorized to affix the seal of the Purchaser to such documents that require such seal.
Section 2. Other Actions Authorized. The officers and employees of the Purchaser shall take all action necessary or reasona bly required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closin g and other documents required to be delivered in connection with the Agreement.
Section 3. Arbitrage. The Purchaser covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the I nternal Revenue Service Code of 1986 and any amendment thereto (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the Agreement under the Code. The Purchaser REGULAR SESSION APRIL 8, 2013
further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Agreement or any other funds of the Purchaser to be used directly or indirectly in any manner, the effect of which would be to cause the Agreement to be an “arbitrage bond” or would result in the inclusion of the interest component of the Agreement in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Agreement proceeds or (ii) the failure to pay any required rebate or arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Agreement in a manner which would cause the Agreement to be a “private activity bond”.
Section 4 Section 265(b)(3) Designation. Purchaser hereby designates the Agreement as a "qualified tax -exempt obligation" for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Purchaser further represents that Purchaser reasonably anticipates that Purchaser and other entities issuing obligations on behalf of Purchaser will not issue tax - exempt obligations (including the Agreement) that exceed t he aggregate principal amount of $10,000,000 during the calendar year in which the Agreement is executed and delivered.
Section 5. Insurance. The governing body of the Purchaser understands the provisions of the Agreement regarding insurance coverage requirements and agree to provide such insurance coverage as is required in the Agreement.
Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.
Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.
A roll call vote was called and was as follows: YEAS: Joe Bishop, Bubba Moreau, Richard Vanderlick, Ollie Overton, Sean McGlothlin, Richard Billings, Scott Perry ABSTAIN: Craig Smith ABSENT: Theodore Fountaine, Jr. NAYS: None On roll call vote the motion carried 7-0. REGULAR SESSION APRIL 8, 2013
On m otion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, to delete the following equipment from the Rapides Parish High way Department Asset/Inventory as they are no longer suitable for public use and will be placed in an upcoming auction: Asset Number Description Purchase Date 7287 1996 Chevy Caprice 05-15-96 9242 John Deere Tractor 04-30-02 9241 John Deere Tractor 04-30-02 7808 John Deere Tractor 03-02-98 8701 2001 Econo Van 08-01-01 6740 Koehring Dragline Unknown 2788 Sign Laminator 07-01-73 w/heating element On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin , the following ordinance was presented:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 2 -
21.1(A) AND SECTION 2 -21.1 (B)(2), TO CHANGE THE MEAL ALLOWANCE TO BE THE SAME AS REQUIRED BY THE STATE OF LOUISIANA, TIER I AND TIER IV
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 8th day of April, 2013, that Section 2-21.1(a) and Section 2 -21.1 (b)(2) is hereby amended and reenacted to read as follows:
Chapter 2 ADMINISTRATION Article II – OFFICERS AND EMPLOYEES Sec 2-21.1 and Sec. 2-21.1(b)(2) – Travel – Reimbursement of expenses
The following procedures is hereby adopted as standard in the reimbursement of travel expenses for officials and employees of the parish police jury; however, reasonable costs for expenses not covered may be included as determined by the treasurer of the parish police jury:
- (a) Federal mileage rate, transportation within the state, plus hotel bill limited to the actual amount of a single rate per day; and change the meal allowance to be the same as required by the State of Louisiana, Tier I through Tier IV.
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- (1) (OMIT)
- (2) (OMIT)
- (3) (OMIT)
- (b) …….
- (2) Travel outside the state, transportation not to exceed the rate of a tourist class airplane ticket, on the actual date of departure from the nearest commercial airline, or the date of the advance, or the date of registration, plus hotel bill limited to the actual amount of a single rate per day; and to change the meal allowance to be the same as required by the State of Louisiana, Tier I through Tier IV and registration fees.
BE IT FURTHER ORDAINED in all other respects, Section 2-21.1 shall remain unchanged.
BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.
This ordinance having been submitted to a vote, the vote thereon was as follows:
YEAS: Joe Bishop, Bubba Moreau, Richard Vanderlick, Ollie Overton, Sean McGlothlin, Richard Billings, Scott Perry, Craig Smith ABSENT: Theodore Fountaine, Jr. NAYS: None
And the ordinance was adopted on this, the 8th day of April, 2013.
On motion by Mr. Ollie Overton, seconded by Mr. Scot t Perry, to accept the Public Works Director's Report. On vote the motion carried.
On m otion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, to award Bid No. 2277 – Liquid Asphalt (CRS-2) to the low bidder, Ergon Asphalt & Emulsions, Inc., for an amount of $1.83 per gallon delivered (6 month contract), as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to award Bid No. 2278 – Liquid Asphalt (MC-30) to the low bidder, Asphalt Products Unlimited, Inc., for an amount of $3.89 per gallon delivered (6 month contract), as recommended by the Purchasing Agent. On vote the motion carried.
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On m otion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, to award Bid No. 2284 – Various Bituminous Materials (Hot & Cold Mix), to the low bidder, Diamond B. Construction Company, LLC for plant price (6 month contract) as follows: Hot Mix ($59.50 per ton) and Cold Mix ($89.00 per ton), as recommended by the Purchasing Agent. On vote the motion carried.
On m otion by Mr. Richard Billings, seconded by Mr. Scott Perry, to authorize the renewal of pre -approved emergency debris sites, with the Louisiana Department of Environmental Quality, located at Hester Landing Road, Vanzant Road and Esler Field Road, for Rapides Parish and authorize the President to sign all necessary documents. On vote the motion carried.
On motion Mr. Richard Billings, seconded by Mr. Ollie Overton, to award Bid No. 2280 Various Road Materials (Gravel, Base Course Aggregates, and Pit Run)to the following bidders based on availability of material and haul distance: Larry Grayson & Son Trucking (Items No. 2A, 2B, 2C, 3, 4 and 5); Luhr Bros., Inc. (Items No. 6, 7A, 7B, 7D, and 8A); Pine Bluff Sand & Gravel (Items No. 7C, 9A, and 9B); and E & E Construction Company (Item No. 10); contract to begin on April 1, 2013 and end March 31, 2014, as recommended by the Purchasing Agent. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to award Bid No. 2282 Reinforced Concrete Pipe (annual contract) to Rinker Materials for all Items bid, contract to begin on April 1, 2013 and end on March 31, 2014, as recommended by the Purchasing Agent. On vote the motion carried.
On m otion by Mr. Richard Billings seconded by Mr. Ollie Ove rton, to extend parish maintenance two hundred twenty-five feet to the west end of Audrey Drive (Ward 10, District C) located within the existing fifty foot right -of-way dedication as recommended by Public Works Director. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to accept the recommendation of Ricky Moses, Louisiana Wildlife and Fisheries , to allow the stocking of approximately 1,000 sterile carp in Cotile Lake . (Carp to be furnished by LWLF). On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to amend that certain motion of March 18, 2013 to a motion to accept the new alignment of the Cotton Island Road for maintenance and abandon the existing portions of Cotton Island Road, that are no longer needed located on the property of the Nugent Family in Section 27, T6N -R2E, to eliminate an S -curve approximately 440’ and 240’ in length, subject to the dedication of a utility servitude to service the existing utilities in the revoked portion, as recommended by the Public Works REGULAR SESSION APRIL 8, 2013 Director and the Rapides Area Planning Commission and approval of Legal Counsel. On vote the motion carried.
$23,000,000 OF GENERAL OBLIGATION BONDS, SERIES 2013
PROCEEDINGS OF THE POLICE JURY OF THE PARISH OF
RAPIDES, STATE OF LOUISIANA, TAKEN AT A REGULAR
MEETING HELD ON MONDAY, APRIL 8, 2013.
The Police Jury of the Parish of Rapides, State of Louisiana (the "Police Jury"), met in regular session at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on Monday, April 8, 2013 at 3:00 p.m. Central Standard Time.
There were present: Bishop, Moreau, Smith, Vanderlick, Overton, McGlothlin, Billings and Perry There was absent: Fountaine
The Police Jury was duly convened as the governing authority of Parish of Rapides, State of Louisiana, by the Honorable Joe Bis hop, President, who then stated that the Police Jury was ready for the transaction of business.
The time having arrived for the sale of $23,000,000 of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana (the "Bonds"), scheduled for 3:00 p.m., the President then announced that it was time to review the bids received for the purchase of the captioned Bonds, said Bonds having been advertised for sale by virtue of a resolution adopted on March 11, 2013.
It was then stated tha t the Official Notice of Bond Sale which had been issued on March 11, 2013, calling for bids for the purchase of the Bonds had been published in the "Alexandria Daily Town Talk", Alexandria, Louisiana, in the issues of March 20, 2013 and March 27, 2013, an d in the "Daily Journal of Commerce", New Orleans, Louisiana in the issue of March 25, 2013.
After calling for bids for the purchase of the Bonds, it was announced that four (4) bids had been received for the purchase of the Bonds.
The following resol ution was offered by Mr. Overton and seconded by Mr. McGlothlin: RESOLUTION
A resolution providing for the review and tabulation of the sealed and electronic bids received for the purchase of $23,000,000 of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of REGULAR SESSION APRIL 8, 2013
Louisiana, approving the Official Notice of Bond Sale and Official Statement in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the g overning authority of the Parish of Rapides, State of Louisiana, that:
SECTION 1. Review of Bids. This Governing Authority does now proceed in open and public session to open and tabulate the sealed and electronic bids received for the purchase of $23,000,000 of General Obligation Bonds , Series 2013, of the Parish of Rapides, State of Louisiana (the "Bonds"), authorized and duly advertised for sale by virtue of a resolution adopted on March 11, 2013.
SECTION 2. Approval of Notice of Sale and Official Statement . The Official Notice of Bond Sale and Official Statement prepared in connection with the sale of the Bonds, and the information contained therein, are hereby approved by this Governing Authority.
This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Bishop, Moreau, Smith, Vanderlick, Overton, McGlothlin, Billings and Perry NAYS: None ABSENT: Fountaine
And the resolution was declared adopted, on this, the 8th of April, 2013. /s/ Laurel Smith /s/ Joe Bishop Secretary President
The bids received on April 8, 2013, for the purchase of Twenty -Three Million Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana (the "Bonds"), were thereupon read in public session of the Governing Authority, said bids being based upon the maturity schedule se t out in the Official Statement and hereinafter set out in these proceedings, said bids being as follows, to wit:
- A bid for the Bonds submitted by Morgan Stanley & Co., LLC, of New York, NY, bearing interest as follows:
Bonds Maturing Interest Rate Per Annum March 1, 2014 to March 1, 2018, inc. 3.00% March 1, 2019 and March 1, 2020 4.00% March 1, 2021 to March 1, 2023, inc. 5.00% REGULAR SESSION APRIL 8, 2013
March 1, 2024 and March 1, 2025 4.00% March 1, 2026 to March 1, 2030, inc. 3.00% March 1, 2031 to March 1, 2033, inc. 3.25%
Premium: $1,111,349.46
True Interest Cost: 2.949904%
- A bid for the Bonds submitted by Robert W. Baird & Co., Inc, of Milwaukee, WI, bearing interest as follows:
Bonds Maturing Interest Rate Per Annum March 1, 2014 and March 1, 2015 2.00% March 1, 2016 4.00% March 1, 2017 3.00% March 1, 2018 and March 1, 2019 4.00% March 1, 2020 to March 1, 2022, inc. 3.00% March 1, 2023 4.00% March 1, 2024 2.25% March 1, 2025 4.00% March 1, 2026 to March 1, 2028, inc. 3.00% March 1, 2029 and March 1, 2030 3.125% March 1, 2031 and March 1, 2032 3.25% March 1, 2033 3.375%
Premium: $508,036.99
True Interest Cost: 2.985515%
- A bid for the Bonds submitted by Crews & Associates, Inc., of Little Rock, AR, bearing interest as follows:
Bonds Maturing Interest Rate Per Annum March 1, 2014 to March 1, 2019, inc. 2.00% March 1, 2020 to March 1, 2028, inc. 3.00% March 1, 2029 and March 1, 2030 3.125% March 1, 2031 and March 1, 2032 3.25% March 1, 2033 3.375%
Premium: $110,916.75
True Interest Cost: 2.988523%
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- A bid for the Bonds submitted by Guggenheim Securities, LLC, of New York, NY, bearing interest as follows:
Bonds Maturing Interest Rate Per Annum March 1, 2014 to March 1, 2017, inc. 4.00% March 1, 2018 to March 1, 2028, inc. 5.00% March 1, 2029 3.125% March 1, 2030 and March 1, 2031 3.25%
March 1, 2032 3.375% March 1, 2033 3.50%
Premium: $2,088,073.04
True Interest Cost: 3.190937%
The following resolution was offered by Mr. Billings a nd seconded by Mr. Vanderlick: RESOLUTION
A resolution accepting the lowest and best bid received for the purchase of Twenty -Three Million Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana, and providing for other matters in connection therewith.
WHEREAS, pursuant to the provisions of an Official Notice of Bond Sale, dated Mach 11, 2013, published in the manner required by law and pursuant to the provisions of a resolution adopted 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 "Issuer"), on March 11, 2013 , bids were solicited for the purchase of Twenty -Three Million Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Issuer (the "Bonds"), on April 8, 2013; and
WHEREAS, four (4) bids were received for the purchase of the Bonds; and
WHEREAS, this Governing Authority has found and determined and does hereby find and determine that the bid submitted by Morgan Stanley & Co., LLC , in New York, NY (the "Purchas er"), complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Governing Authority desires to accept said bid and take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser; REGULAR SESSION APRIL 8, 2013
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Parish of Rapides, State of Louisiana, that:
SECTION 1. Acceptance of Best Bid. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compliance with the terms of the bid.
SECTION 2. Acceptance of Good Faith Deposit . In accordance with the provisions of the Preliminary Official Statement, the acceptance and award of each bid is conditioned on the receipt by wire on or before 3:30 p.m. tomorrow of an amount equal to 1% of the principal amount of the Bonds described in such bid. In the event a good faith deposit for the issue of the Bonds is not received timely, this acceptance of such bid and award of the sale of the Bonds shall be void. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. Delivery of Bonds. When the Bonds have been properly prepared, this Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of Twenty -Three Million Dollars ($23,000,000), plus the stipulated premium, if any, and accrued interest to the date of delivery, less a credit of the amount of the good faith deposit described above.
SECTION 4. Approval of Official Statement. This Governing Authority hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the Secretary of the Governing Authority is hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Bishop, Moreau, Smith, Vanderlick, Overton, McGlothlin, Billings and Perry NAYS: None ABSENT: Fountaine
And the resolution was declared adopted, on this, the 8th day of April, 2013.
/s/ Laurel Smith /s/ Joe Bishop Secretary President REGULAR SESSION APRIL 8, 2013
EXHIBIT A
COPY OF WINNING BID
Bonds Maturing Interest Rate Per Annum March 1, 2014 to March 1, 2018, inc. 3.00% March 1, 2019 and March 1, 2020 4.00% March 1, 2021 to March 1, 2023, inc. 5.00% March 1, 2024 and March 1, 2025 4.00% March 1, 2026 to March 1, 2030, inc. 3.00% March 1, 2031 to March 1, 2033, inc. 3.25%
Premium: $1,111,349.46
True Interest Cost: 2.949904%
EXHIBIT B
CERTIFICATE AS TO OFFICIAL STATEMENT
I, the undersigned Secretary of the Police Jury of the Parish of Rapides, State of Louisiana, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Twenty -Three Million Dollars ($23,000,000) of General Obligation Bo nds, Series 2013 (the "Bonds"), of the Parish of Rapides, State of Louisiana (the "Issuer"), DO HEREBY CERTIFY, THAT:
At the time of payment for and delivery of the Bonds and at the date hereof,
- (1) the descriptions and statements, including financial da ta, of or pertaining to the Issuer on the date of the Official Statement, on the date of the sale of the Bonds and on the date of the delivery of the Official Statement, were and are true in all material respects, and, insofar as such matters are concerned , the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading, (2) insofar as the descriptions and statements, including financial data, of or pertaining to governmental and/or non-governmental entities other than the Issuer and their activities, contained in the Official Statement are concerned, such descriptions, statements and da ta have been obtained from sources which the governing authority of the Issuer believes to be reliable and the said governing authority has no reason to believe that they are untrue or incomplete in any material respect and
- (3) there has been no adverse ma terial change in the affairs of the Issuer between the date of delivery of the Official Statement and the date of delivery of the Bonds.
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PARISH OF RAPIDES, STATE OF LOUISIANA
By: __________________________________ Secretary,
Dated:___________, 2013 (Date of Delivery)
The following resolution was offered by Mr. Overton and seconded by Mr. Vanderlick: RESOLUTION
A resolution authorizing the incurring of debt and issuance of TwentyThree Million D ollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Parish of Rapides, State of Louisiana, that:
SECTION 1) Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" means the agreement to be entered int o between the Issuer and the Paying Agent pursuant to this Resolution.
"Bond" means any Bond of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any Bond previously issued.
"Bond Register" means the records kept by the Paying Agent at its corporate trust office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bonds" means the Issuer's General Obligation Bonds, Se ries 2013, authorized by this Resolution in the total aggregate principal amount of Twenty-
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Three Million Dollars ($23,000,000), of bonds that were authorized at a special election held on Tuesday, November 6, 2012.
"Code" means the Internal Revenue Code of 1986, as amended.
"Defeasance Obligations" means cash or Government Securities.
"Executive Officers" means, collectively, the President and the Secretary of the Governing Authority.
"Governing Authority" means the Police Jury of the Parish o f Rapides, State of Louisiana.
"Government Securities" means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book entry form.
"Interest Payment Date" means March 1 and September 1 of each year during the period the Bonds are outstanding, commencing March 1, 2014.
"Issuer" means the Parish of Rapides, State of Louisiana.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
- Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
- Bonds for payment or redemption of which sufficient Defeasance Obligations have been theretofore deposited in trust for the owners of such Bonds, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
- Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution; and
- Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law.
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"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Argent Trust, a Division of National Independent Trust Company, in the City of Ruston, Louisiana, until a successor Payi ng Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means Morgan Stanley & Co., LLC, of New York, NY.
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
SECTION 2) Authorization of Bonds; Maturities . In compliance wi th the terms and provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub -Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and special election held on November 6, 2012, there is hereby authorized the incurring of an indebtedness of Twenty -Three Million Dollars ($23,000,000) for, on behalf of, and in the name of the Issuer, for the purpose of constructing and acquiring improve ments and additions to, and renovating and repairing, the Rapides Parish Coliseum, including the necessary equipment, land and furnishings therefor, title to which shall be in the public, and to represent said indebtedness, this Governing Authority does he reby authorize the issuance of Twenty-Three Million Dollars ($23,000,000) of General Obligation Bonds, Series 2013, of the Issuer, authorized at the said election on November 6, 2012. The Bonds shall be in fully registered form, shall be dated the date of delivery, shall be issued in the denomination of Five Thousand Dollars ($5,000) or any integral multiple thereof within a single maturity and shall be numbered from R 1 upwards. The unpaid principal of the Bonds shall bear interest from the date thereof o r from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, at the following rates of interest and shall mature serially on March 1 of each year as follows:
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YEAR PRINCIPAL INTEREST RATE YEAR PRINCIPAL INTEREST RATE (MARCH 1) MATURING PER ANNUM (MARCH 1) MATURING PER ANNUM 2014 $400,000 3.00% 2024 $1,160,000 4.00%
2015 810,000 3.00% 2025 1,210,000 4.00% 2016 845,000 3.00% 2026 1,255,000 3.00% 2017 880,000 3.00% 2027 1,310,000 3.00% 2018 915,000 3.00% 2028 1,365,000 3.00% 2019 950,000 4.00% 2029 1,420,000 3.00% 2020 990,000 4.00% 2030 1,475,000 3.00% 2021 1,030,000 5.00% 2031 1,535,000 3.25% 2022 1,070,000 5.00% 2032 1,600,000 3.25% 2023 1,115,000 5.00% 2033 1,665,000 3.25%
The principal of the Bonds, upon maturity, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check of the Paying Agent mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, e xchange or substitution.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3) Redemption Provisions . The Bonds maturing on March 1, 2024, and thereafter, shall be callable for redemption by the Issuer in full or in part at any time on or after March 1, 2023, and if less than a full maturity, then b y lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption. Bonds are not required to be redeemed in inverse order of maturity.
In the event a Bond to be redeemed is of a denomination larger than $5, 000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Any Bond which is to be redeemed only in part shall be surrendered at the principal corporate trust office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized REGULAR SESSION APRIL 8, 2013 denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the
Bond so surrendered. O fficial notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 4) Book Entry Registration of Bonds . The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), as registered owner of the Bonds, and held in the custody of DTC. The Treasurer of the Issuer or any other officer of the Issuer is authorized to execute and deliver a Letter of Representation to DTC on behalf of the Issuer with respect to the issuance of the Bonds in “book -entry only” format. The Paying Agent is hereby directed to execute said Letter of Representation. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of th is Resolution and said Letter of Representation. Initially, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial o wnership interest will be made by book -entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary he rein, while the Bonds are issued in book-entry only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representation.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner’s allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
- (a) DTC determines to discontinue providing its services with respect to the Bonds. Such a determination may be made at any time by giving a thirty (30) days’ notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law; or
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- (b) The Issuer determines that continuation of the system of book -entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer nor the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet t he requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION 5) Form of Bonds . The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to wit:
(FORM OF FACE OF BOND)
No. R-_____ Principal Amount $_________
Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation (“DTC”), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO., or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO., or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FO R VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.
As provided in the Resolution referred to herein, until the termination of the system of book -entry only transfers through DT C and notwithstanding any other provision of the Resolution to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a REGULAR SESSION APRIL 8, 2013 nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF RAPIDES
GENERAL OBLIGATION BOND, SERIES 2013 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA
Maturity Date Interest Rate Bond Date CUSIP Number March 1, ______ ______% _____, 2013 __________
PARISH OF RAPIDES, STATE OF LOUISIANA (the "Issuer"), promises to pay to:
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT:
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on March 1 and Se ptember 1 of each year, commencing March 1, 2014 (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been duly made or provided for. The principal of this Bond, upon maturity or redemption, is payable at the corporate trust office of Argent Trust, a Division of National Independent Trust Company, or successor thereto (the "Paying Agent") upon presentati on and surrender hereof, and interest on this Bond will be payable by the Paying Agent by check mailed by the Paying Agent to the registered owner (determined as of the close of business on the 15th calendar day of the month next preceding said Interest Pa yment Date) at the address as shown on the registration books of the Paying Agent.
During any period after the initial delivery of the Bonds in book -entry only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payments of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for REGULAR SESSION APRIL 8, 2013 each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
FOR SO LONG AS THIS BOND IS HELD IN BOOK -ENTRY FORM REGISTERED IN THE NAME OF CEDE & CO. ON THE REGISTRATION BOOKS OF THE ISSUER KEPT BY THE PAYING AGENT, AS BOND REGISTRAR, THIS BOND, IF CALLED FOR PARTIAL REDEMPTION IN ACCORDANCE WITH THE RESOLUTION, SHA LL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMPTION GIVEN IN ACCORDANCE WITH THE RESOLUTION AT, AND ONLY TO THE EXTENT OF, THE REDEMPTION PRICE, PLUS ACCRUED INTEREST TO THE SPECIFIED REDEMPTION DATE; AND THIS BOND SHALL BE PAID, TO THE EXTENT SO REDEEMED, (i) UPON PRESENTATION AND SURRENDER THEREOF AT THE OFFICE SPECIFIED IN SUCH NOTICE OR (ii) AT THE WRITTEN REQUEST OF CEDE & CO., BY CHECK MAILED TO CEDE & CO. BY THE PAYING AGENT OR BY WIRE TRANSFER TO CEDE & CO. BY THE PAYING AGENT IF CEDE & CO. AS BONDOWNER SO ELECTS. IF, ON THE REDEMPTION DATE, MONEYS FOR THE REDEMPTION OF BONDS OF SUCH MATURITY TO BE REDEEMED, TOGETHER WITH INTEREST TO THE REDEMPTION DATE, SHALL BE HELD BY THE PAYING AGENT SO AS TO BE AVAILABLE THEREFOR ON SUCH DATE, AND AFTER NOTICE OF REDEMPTION SHALL HAVE BEEN GIVEN IN ACCORDANCE WITH THE RESOLUTION, THEN, FROM AND AFTER THE REDEMPTION DATE, THE AGGREGATE PRINCIPAL AMOUNT OF THIS BOND SHALL BE IMMEDIATELY REDUCED BY AN AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT THEREOF SO REDEEMED, NOTWITHSTANDING WHETHER THIS BOND HAS BEEN SURRENDERED TO THE PAYING AGENT FOR CANCELLATION.
This bond is one of an authorized issue aggregating in principal the sum of Twenty-Three Million Dollars ($23,000,000) (t he "Bonds"), all of like tenor and effect except as to number, denomination, interest rate and maturity, the Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on April 8, 2013 (the "Resolution"), for the pur pose of constructing and acquiring improvements and additions to, and renovating and repairing, the Rapides Parish Coliseum, including the necessary equipment, land and furnishings therefor, title to which shall be in the public, under the authority confer red by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub - Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and authorized at the said election on November 6, 2012, the results of which election have been duly promulgated in accordance with law.
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APRIL 8, 2013 The Bonds maturing on March 1, 2024, and thereafter, are callable for redemption by the Issuer in full or in part at any time on or after M arch 1, 2023, and if less than a full maturity then by lot within such maturity, at the principal
amount thereof and accrued interest to the date fixed for redemption. Bonds are not required to be redeemed in inverse order of maturity. In the event any Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty
- (30) days prior to the redemption date addressed to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent.
The Issuer shall cause to be kept at the principal corporate trust office of the Paying Agent a register (the "Bond Register") in which registration of the Bonds and of transfers of the Bonds shall be made as provided in the Resolution. This Bond may be transferr ed, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. This Bond may be assigned by the execution of the assignment form hereon or by other instrument of transfer and assignment acceptable to th e Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for this transferred and assigned Bond after receipt of this Bond to be transferred in proper form. Such new Bond or Bon ds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond during a period beginning (i) at the opening o f business on the 15th calendar day of the month next preceding an Interest Payment Date and ending at the close of business on the Interest Payment Date or (ii) with respect to Bonds to be redeemed, at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. The Bonds are secured by a special tax to be imposed and collected annually in excess of all other taxes on all the property subject to taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
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APRIL 8, 2013 This Bond shall not be valid or become obligatory for any pu rpose or be entitled to any security or benefit under the Resolution (herein defined) until the certificate of registration hereon shall have been signed by the Paying Agent.
It is certified that this Bond is authorized by and issued in conformity with the requirements of the Constitution and statutes of this State. It is further
certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
IN WITNESS WHEREOF, the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in the name of the Issuer by the facsimile signatures of its President and Secretary and a facsimile of its corporate seal to be imprinted hereon.
PARISH OF RAPIDES, STATE OF LOUISIANA
(facsimile) (facsimile) Secretary, President
(SEAL)
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of the State of Louisiana as provided by law.
(FORM OF SECRETARY OF STATE ENDORSEMENT -
TO BE PRINTED ON ALL BONDS)
OFFICE OF SECRETARY OF STATE
STATE OF LOUISIANA
This Bond secured by a tax. Registered on this the 13th day of May, 2013.
Secretary of State REGULAR SESSION APRIL 8, 2013
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Bond is one of the Bonds referred to in the within -mentioned Resolution.
ARGENT TRUST, a Division of National Independent Trust Company as Paying Agent
Date of Registration: ____________ By: _______________________________ Authorized Officer
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto______________________________________________________
Please Insert Social Security or other Identifying Number of Assignee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints _____________________________________________________ attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:__________________ __________________________________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.
(FORM OF LEGAL OPINION CERTIFICATE
TO BE PRINTED ON ALL BONDS)
REGULAR SESSION
APRIL 8, 2013 I, the undersigned Secretary of the Police Jury of the Parish of Rapides, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of the original Bonds of the issue described therein and was delivered to a representative of the original purchaser thereof:
(Bond Printer Shall Insert Legal Opinion)
I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.
PARISH OF RAPIDES, STATE OF LOUISIANA
(facsimile) Secretary,
(INSERT INSURANCE LEGEND, IF ANY)
SECTION 6) Execution of Bonds . The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile.
SECTION 7) Registration of Bonds. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State in substantially the form set forth herein, provided that such endorsement shall be manually s igned only on the Bonds initially delivered to the Purchaser, and Bonds subsequently exchanged therefor as permitted in this Bond Resolution may bear the facsimile signature of said Secretary of State.
SECTION 8) Pledge of Full Faith and Credit . The Bo nds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes a tax on all of the property subject to taxation within the territorial limits of the Issuer sufficient to pay the principal of and the interest on the Bonds falling due e ach year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer. REGULAR SESSION APRIL 8, 2013
SECTION 9) Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the a foresaid special tax and no other moneys whatsoever (other than investment earnings thereon). The depository for the
Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least three (3) days in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invest ed in accordance with the provi sions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Sinking Fund.
SECTION 10) Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things n ecessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds, except accrued interest, shall be deposited by the Issuer in a bank or banks to be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Sinking Fund to be applied to the first interest payment.
SECTION 11) Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 12) Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, and its successors, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by the Governing Authority or the Issuer as a result of issuing the Bonds.
REGULAR SESSION
APRIL 8, 2013 No material modification or amendment of this Resolution, or of a ny resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the
revenues appropriated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolut ion, without the consent of the Owners of the Bonds.
SECTION 13) Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid , such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been c ontained therein. Any consti tutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of the Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 14) Recital of Regularity . This Gov erning Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to wit: "It is certified that this Bond is authorized by and is issued i n conformity with the requirements of the Constitution and statutes of this State."
SECTION 15) Effect of Registration . The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 16) Notices to Owners . Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is REGULAR SESSION APRIL 8, 2013 given by mail, neither the failure to mail such notice to any pa rticular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Own ers entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 17) Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and deliv ered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 18) Mutilated, Destroyed, Lost or Stolen Bonds. If (a) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (b) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal am ount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon th e issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroye d, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies REGULAR SESSION APRIL 8, 2013 with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 19) Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and
become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Governing Authority of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Bonds shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 20) Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of appropriate proceedings giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed t o execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 21) Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action REGULAR SESSION APRIL 8, 2013 within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage ear nings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
SECTION 22) Not Qualified Tax-Exempt Obligations. The Bonds are not designated as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code.
SECTION 23) Publication. A copy of this Resolution shall be published immediately after its adoption in one issue of the official jo urnal of the Issuer. For a period of thirty (30) days from the date of such publication, any person in interest shall have the right to contest the legality of this Resolution and of the Bonds to be issued pursuant hereto and the provisions hereof securin g the Bonds. After the expiration of said thirty (30) days, no one shall have any right of action to contest the validity of the Bonds or the provisions of this Resolution, and the Bonds shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.
SECTION 24) Continuing Disclosure. The Executive Officers are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in the offici al statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2 - 12(b)(5). SECTION 25) Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not contr ol or affect the meaning or construction of any of the provisions hereof.
SECTION 26) Effective Date . This Resolution shall become effective immediately.
The foregoing Resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Bishop, Moreau, Smith, Vanderlick, Overton, McGlothlin, Billings and Perry NAYS: None ABSENT: Fountaine
And the resolution was declared adopted, on this, the 8th day of April, 2013.
REGULAR SESSION
APRIL 8, 2013 /s/ Laurel Smith /s/ Joe Bishop Secretary President
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize the President to sign the lease agreement with the Louisiana Workforce Commission (Louisiana Department of Labor) for the rental of approximately 3,446 square feet of shared office space located at 5610B Coliseum Blvd., for the Rapides Business & Career Solutions Center as recommended by the WOD Director and Treasurer. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, the following resolution was unanimously adopted:
RESOLUTION
WHEREAS, State Representative Israel “Bo” Curtis was elected in 1991, as the first African American from Rapides Parish to be elected to the Louisiana State Legislature since reconstruction. He graduated from Peabody High School and earned a B.S. Degree from Northwestern State University; and
WHEREAS, Representative Curtis was a member of the United States Army during the Korean Conflict . He was a member of the Veterans of Foreign Wars of the United States, Post #8852. He served on various councils and boards. He served on the Rapides Parish School Board for sixteen (16) years before being elected to the Louisiana House of Representatives; and
WHEREAS, Representative Curtis worked tirelessly for his community for many years. He initiated and funded programs, worked for pay raises for teachers and support staff, authored bills, established community outreach programs and assisted the eld erly and disabled. He helped so many by working to establish the Rapides Primary Health Care Center; and
WHEREAS, Representative Curtis believed that giving so much to his community tells how he has truly represented and responded to the needs of the people he served. He was a man of strong conv ictions and believed opportunities should be afforded to all people so that they would not be hindered in developing their full potential; and
WHEREAS, Representative Curtis leaves behind a l oving family, his wife Barbara of fifty -six (56) years and two (2) children, Andrea Richardson and Benjamin Curtis, two (2) grandchildren, Aleisha and Jordan, sister Mamie L. Smith and numerous nieces and nephews; and
REGULAR SESSION
APRIL 8, 2013 WHEREAS, the Rapides Parish Police Jury is moved by his services Representative Israel “Bo” Curtis performed for this community, our State and our Nation; and
BE IT FURTHER RESOLVED, The Rapides Parish Police Jury, do es hereby support the renaming of the Rapides Primary Medical Center to, the Israel “Bo” Curtis Medical Center. THUS PASSED AND APPROVED on this 8th day of April, 2013.
The following resolution was offered by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton:
RESOLUTION
WHEREAS, Rylee Contracting, Inc. the Contractor for the project entitled PINEVILLE GRAVITY PLUGGED AND SEALED ABANDONED OUTFALL, has "Substantially Completed" the work under the Contract as recommended by the Engineer;
NOW THEREFORE BE IT RESOLVED that t he Contract of Rylee Contracting, Inc., the Contractor, for said work, is hereby accepted as "Substantially Complete" with the understanding that the final payment will be made upon satisfactory completion of any Punch List items and presentation of the Clear Lien Certificate as required by law; and,
It is HEREBY FURTHER RESOLVED, that the signing and filing with the Clerk of Court of this Resolution of Contract Acceptance by the President is hereby authorized.
Passed, approved and adopted by the President and Police Jury of Rapides Parish,Louisiana, on this 8th day of April, 2013.
On motion Mr. Bubba Moreau, seconded by Mr. Craig Smith, to enter into a Cooperative Agreement with Atmos Energy to relocate utilit ies to facilitate construction of the Transportation Improvements for the Coughlin Industrial Complex, Phase 3 (FP&C Project No. 50 -252-04B-05), as approved by the Louisiana Division of Administration, Facility Planning and Control, and ratify the President’s signature. On vote the motion carried.
The following resolution was offered by Mr. Bubba Moreau, seconded by Mr. Ollie Overton
RESOLUTION
REGULAR SESSION
APRIL 8, 2013 At a regular meeting of the Rapides Parish Police Jury held on Monday, April 8, 2013, at which meeting a quoru m was present, due notice of same having been made according to law, the following Resolution was adopted. A motion was made by Mr. Bubba Moreau and seconded by Ollie Overton:
WHEREAS, the Rapides Parish Poli ce Jury intends to construct the Transportation Improvements for Coughlin Industrial Complex Phase III Project (Facility Planning & Control No. 05-252-04B-05) and;
WHEREAS, bids have been received for the Transportation Improvements for Coughlin Industri al Complex Phase III project and have been previously received and read aloud;
WHEREAS, the Rapides Parish Police Jury has received a conditional recommendation from their Engineer that the contract be awarded to the lowest responsive, responsible bidder,
THEREFORE, BE IT RESOLVED, by the Rapides Parish Police Jury, that the contract be awarded to the responsive, responsible low bidder, as follows, subject to the satisfactory receipt of all forms and information required under the contract provisions, the availability of funds and the concurrence and approval of the Contractor from the State of Louisiana, Office of Community Development:
Gilchrist Construction Company, LLC in the amount of $1,857,390.40
AND, that the President is hereby authorized to sign all contract documents required.
This Resolution being submitted to a vote, the vote thereon was as follows: YEAS: Joe Bishop, Bubba Moreau, Richard Vanderlick, Ollie Overton, Sean McGlothlin, Richard Billings, Scott Perry, Craig Smith ABSENT: Theodore Fountaine, Jr. NAYS: None
And the Resolution is declared adopted on this 8th day of April, 2013.
The following resolution was offered by Mr. Richard Billings, seconded by Mr. Ollie Overton:
RESOLUTION
WHEREAS, the Drawing and S pecifications for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Rapides Parish Police Jury for the City of Pineville, Location 5 - Water Utility Relocations at Lakeview Street and Sanders Street, have been completed and submitted to applica ble reviewing REGULAR SESSION APRIL 8, 2013 agencies. The Engineer reports that the project is now ready for advertisement of bids; pending final approval of applicable reviewing agencies.
NOW THEREFORE BE IT RESOLVED, that the President is hereby authorized to advertise for bids for the project; pending final approval of applicable reviewing agencies.
Passed, approved, and adopted this 8th day of April, 2013.
The following resolution was offered by Mr. Ollie Overton, seconded by Mr. Bubba Moreau:
RESOLUTION
WHEREAS, the Drawing and Specifications for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Rapides Parish Police Jury for the City of Pineville, Location 6 -Riverside Drive, South Sanders Street, South Lakeview Street, Sewer Utility Relocations, have been completed and submitted to applicable reviewing agencies. The Engineer reports that the project is now ready for advertisement of bids; pending final approval of applicable reviewing agencies.
NOW THEREFORE BE IT RESOLVED, that the Pres ident is hereby authorized to advertise for bids for the project; pending final approval of applicable reviewing agencies.
Passed, approved, and adopted this 8th day of April, 2013.
The following resolution was offered by Mr. Ollie Overton, seconded by Mr. Bubba Moreau:
RESOLUTION
WHEREAS, the Drawing and Specifications for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Rapides Parish Police Jury for the City of Pineville, Location 7 - Abandoned Outfall Plugging and Sealing at Rembert Street, have been completed and submitted to applicable reviewing agencies. The Engineer reports that the project is now ready for advertisement of bids; pending final approval of applicable reviewing agencies.
NOW THEREFORE BE IT RESOLVED, that the President is hereby authorized to advertise for bids for the project; pending final approval of applicable reviewing agencies.
Passed, approved, and adopted this 8th day of April, 2013.
REGULAR SESSION
APRIL 8, 2013
The following resolution was offered by Mr. Bubba Moreau, seconded by Mr. Ollie Overton:
RESOLUTION
WHEREAS, the Drawing and Specifications for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Rapides Parish Police Jury for the City of Pineville, Location 8 - Sewer Relocation Lakeview Street to Sanders Street, have been completed and submitted to applicable reviewing agencies. The Engineer reports that the project is now ready for advertisement of bids; pending final approval of applicable reviewing agencies.
NOW THEREFORE BE IT RESOLVED, that the President is hereby authorized to advertise for bids for the project; pending final approval of applicable reviewing agencies.
Passed, approved, and adopted this 8th day of April, 2013.
The following resolution was offered by Mr. Craig Smith, seconded by Mr. Richard Billings
RESOLUTION
WHEREAS, the Drawing and Specifications for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Rapides Parish Police Jury for the City of Pineville, Location 10 - 84" and 60" Gravity Drainage Outfall Rehabilitation at Huffman Creek, have been completed and submitted to applicable reviewing agencies. The Engineer reports that the project is now ready for advertisement of bids; pending final approval of applicable reviewing agencies.
NOW THEREFORE BE IT RESOLVED, that the President is hereby authorized to advertise for bids for the project; pending final approval of applicable reviewing agencies.
Passed, approved, and adopted this 8th day of April, 2013.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, the following resolution was presented: to adopt a Citizen Participation Plan for a public facilities grant to be submitted under the Louisiana Community Development Block Grant 201 4-2015 Regular Program, and on vote unanimously adopted:
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APRIL 8, 2013 CITIZEN PARTICIPATION PLAN RESOLUTION
WHEREAS, the Rapides Parish Police Jury has been afforded the opportunity to apply and participate in the State of Louisiana 2014/2015 Community Development Block Grant Program administered by the Division of Administration; and,
WHEREAS, the STATE requires Grantees to establish procedures to ensure adequate citizen participation with the program;
NOW THEREFORE BE IT RESOLVED, by the Rapides Parish Police Jury, that the attached policy entitled “Citizen Participation Plan”, dated April 1, 2013 is hereby adopted.
Passed, approved and adopted by the Police Jury, Parish of Rapides, State of Louisiana, on the 8th day of April, 2013.
CITIZEN PARTICIPATION PLAN
The Rapides Parish Police Jury has adopted the following Citizen Participation Plan to meet the c itizen participation requirements of Section 508 of the Housing and Community Development Act of 1974, as amended. The Rapides Parish Police Jury is committed through adoption of this plan to full and total involvement of all residents of the community in the composition, implementation and assessment of its Louisiana Community Development Block Grant (LCDBG) Program. Attempts will be made to reach all citizens, with particular emphasis on participation by persons of low and moderate income, residents of sl um and blighted areas and of areas in which funds are proposed to be used. A copy of this plan will be made available to the public upon request.
As part of the citizen participation requirements and to maximize citizen interaction, the Rapides Parish Police Jury shall:
- Provide citizens with reasonable and timely access to local meetings, information and records relating to the state's proposed method of distribution, as required by the Secretary, and relating to the actual use of funds under Title I of the Housing and Community Development Act of 1974, as amended;
- Provide for public hearings to obtain views and respond to proposals and questions at all stages of the community develop ment program. These hearings will consist of the development of needs and proposed activities and review of program performance. These hearings will be held after adequate notice, a minimum of five calendar days, at times and locations convenient to potent ial or actual beneficiaries with accommodations for persons with disabilities; REGULAR SESSION APRIL 8, 2013
- Provide for and encourage citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used;
- Provide for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals;
- Where applicable, identify how the needs of non-English speaking residents will be met in the case of public hearings; and
- Provide for a formal written procedure which will accommodate a timely written response, within fifteen days where practicable, to written complaints and grievances.
Written minutes of the hearings and an attendance roster will be maintained by the
PUBLIC HEARINGS
Notices informing citizens of any public hearings will appear in the official journal of the Rapides Parish Police Jury a minimum of five calendar days prior to the hearing. In addition, notices will also be posted in Parish Courthouse and the hearing will be publicized through local community organizations, i.e., churches, clubs, etc., and/or dissemination of leaflets in the target area. Hearings will be held at times and locations convenient to potential or actual beneficiaries with accommodations for individuals with disabilities and non -English speaking persons. Whenever possible these hearings will be held within or near the targ et areas, at times affording participation by the most affected residents.
- I. APPLICATION
First Notice/Public Hearing The public hearing to address LCDBG application submittal will be held approximately 120 calendar days prior to the deadline for subm ission of the application for the current funding cycle. The Citizen Participation Plan will be available at the hearing. The public notice for this hearing will state that the following will be discussed:
- a) The amount of funds available for proposed community development;
- b) The range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income;
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APRIL 8, 2013
- c) The plans of the Parish for minimizing displacement of persons as a result of activities assisted with such funds and the benefits to be provided by the Parish to persons actually displaced as a result of such activities; and
- d) The Parish’s prior performance of LCDBG programs funded by the State of Louisiana. In addition, the notice shall state that all citizens, particularly low and moderate income residents of slum and blighted areas, are encouraged to submit their views and proposals regarding community development and housing needs. Those citizens unable to attend this hearing may submit their views and proposals
- P. O. Box 1150
The notice will also state that accommodations will be made for disabled and non - English speaking individuals provided a five (5) day notice is received by the Parish.
Second Notice Seven calendar days, at a minimum, prior to the deadline for submittal of the application, a second notice shall appear in the official journal informing the citizens of the following:
- a) Proposed submittal date of the application;
- b) Proposed objectives;
- c) Proposed activities;
- d) Location of proposed activities;
- e) Dollar amount of proposed activities; and
- f) Location and hours available for application review.
In addition, the noti ce shall state "all citizens, particularly those affected by the proposed project, are encouraged to review the proposed application and submit any written comments on the application to:"
- P. O. Box 1150
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APRIL 8, 2013 Negative comments received will be forwarded to the state’s Office of Community Development, Division of Administration or the application will be withdrawn if necessary.
II. AMENDMENTS
Program amendments, which substantially alter the LCDBG project fr om that approved in the original application, shall not be submitted to the state without holding one public hearing in accordance with the procedures outlined within this Citizen Participation Plan. Minutes of the hearing will be submitted with the request for the amendment. All interested citizens, particularly the low and
moderate income, elderly, handicapped, and residents of the project area, shall be made aware and have the opportunity to comment on proposed amendments and/or submit alternative measures.
III. GRANTEE PERFORMANCE
The Parish will hold one performance hearing to solicit the public's opinion of the effectiveness of the LCDBG Program. The manner of notification will be the same as previously described for all public hearings. Notifica tion will be made in the official journal approximately seven (7) calendar days prior to the anticipated submittal of close-out documents to the state, and will indicate the date, time, and place of the performance hearing, and invite comments and opinions on the LCDBG activities implemented under the 2014 -2015 LCDBG Program being closed out. The notice will also state that accommodations will be made for disabled and non -English speaking persons provided a five (5) day notice is received by the Parish.
This notice shall invite all interested parties, particularly those low to moderate income residents in the target area to attend.
The hearing will be held no sooner than five calendar days from the publication date of said notice.
CONSIDERATION OF OBJECTION TO APPLICATION
Persons wishing to object to approval of an application by the state may make such objection known to:
Office of Community Development Division of Administration Post Office Box 94095
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APRIL 8, 2013 The state will consider objections made only on the following grounds:
- i. The application description of needs and objectives is plainly inconsistent with available facts and data;
ii. The activities to be undertaken are plainly inappropriate to meetin g the needs and objectives identified by the applicant; and
iii. The application does not comply with the requirements set forth in the state’s Annual Action Plan or other applicable laws.
Such objections should include both an identification of the r equirements not met and, in the case of objections relative to (1) above, the complainant must supply the data upon which he/she relied upon to support his/her objection.
BILINGUAL
Whenever a significant number of persons and/or residents of blighted neighborhoods communicate with a primary language other than English attend public hearings, the Parish will provide an interpreter for dissemination of information to them providing the Parish is given sufficient notification of day(s).
TECHNICAL ASSISTANCE
Technical assistance may be provided directly by the Parish to any citizen, particularly to low and moderate income persons, residents of blighted neighborhoods and minorities, who request assistance in the development of proposals and statement of vie ws concerning the LCDBG Program. The local officials, administrator and engineer will conduct informational meetings with the residents of the low to moderate income areas if a written request is received by the Parish with at least a one week notification. The person who conducts the technical assistance meetings will disseminate information on the program and answer all pertinent questions.
TIMELY ACCESS AND ADEQUATE INFORMATION
The Parish shall provide timely disclosure of records, information and doc uments related to the LCDBG program activities. Documents will be made available for copying upon request at the Parish, Monday thru Friday, 8:00 a.m. to 4:00 p.m. Such documents may include the following:
- All meetings and promotional materials.
- Records of hearings and meetings. REGULAR SESSION APRIL 8, 2013
- All key documents, including prior applications, letters, grant agreements, citizen participation plans, and proposed applications.
- Copies of the regulations (final statements) concerning the program.
- Doc uments regarding other important requirements, such as Procurement Procedures, Fair Housing, Equal Employment Opportunity, Uniform Act, Labor Provisions and Environmental Procedures.
CITIZEN COMPLAINT PROCEDURE
SECTION 1
It is the policy of the Parish to review all complaints received by the Parish.
SECTION 2
The following procedures will be followed on all complaints received by the Parish:
- The complainant shall notify the Parish Secretary of the complaint. The initial complaint may be expressed orally or by written correspondence.
- The Parish Secretary will notify the President or designated representative of the complaint within three (3) working days.
- The President or designated representative will investigate the complaint and will report the findings to the Parish Secretary within five (5) working days.
- The Parish Secretary will notify the complainant of the findings of the President or designated representative in writing or by telephone within three (3) working days.
- If the complainant is aggrieved by the decision, he must forward the complaint in writing (if previously submitted orally) to the Parish Secretary who will forward the complaint and all actions taken by the President or designated representative to the appropriate council committee for their review. This will be accomplished within ten (10) working days of receipt of the written complaint.
- The reviewing council committee will have ten (10) working days to review the complaint and forward their decision to the complainant in writing.
- If the complainant is aggrieved with the decision of the Committee, he must notify the Parish Secretary in writing that he desires to be afforded a hearing by the REGULAR SESSION APRIL 8, 2013
Police Jury. The complainant will be placed on the next regularly scheduled council meeting agenda. The Parish Secretary will notify the complainant in writing of the date of the hearing.
- The complainant must bring all relevant data, witnesses, etc., to the hearing. The Police Jury, at the hearing, will review the complaint and forward within thirty (30) days a certified copy of the minutes of the meeting at which the hearing was conducted and a decision was rendered to the complainant. If a decision is not reached at the hearing, the Parish President will inform complainant of an
appropriate date to expect a response. Within thirty (30) calendar days of reaching a decision, the complainant will be notified in writing of the decision.
Complaints concerning the general administration of the LCDBG Pro gram may be submitted in writing directly to the:
Division of Administration Office of Community Development Post Office Box 94095
SECTION 3
All citizen complaints relative to Fair Housing/Equal Opportunity violations alleging discrimination shall be forwarded for disposition to the:
Louisiana Department of Justice Public Protection Division Post Office Box 94005
The complainant will be notified in writing within 10 days that, due to the nature of the complaint, it has been forwarded to the Louisiana Department of Justice. or
Complainant may contact the Louisiana Department of Justice Public Protection Division directly at the Toll Free Telephone number 1 -800-273-5718 or 225 -3425521.
SECTION 4
The Parish Secretary will maintain a file for the purpose of keeping reports of complaints.
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APRIL 8, 2013 SECTION 5
This policy does not invalidate nor supersede the personnel o r other policies of the Parish which are currently adopted, but is intended to serve as a guide for complaints.
SECTION 6
This policy may be amended by a majority vote at any of the Parish’s regularly scheduled meetings.
ADOPTION
This Citizen Parti cipation Plan is hereby adopted by Rapides Parish in regular session on this 8th day of April, 2013.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, the following resolution was presented, to adopt a Procurement Procedures Policy for a publ ic facilities grant to be submitted under the Louisiana Community Development Block Grant 2014-2015 Regular Program, and on vote unanimously adopted:
PROCUREMENT POLICY
RESOLUTION
WHEREAS, the Rapides Parish Police Jury has been a fforded the opportunity to apply and participate in the State of Louisiana 2014/2015 Community Development Block Grant Program administered by the Division of Administration; and,
WHEREAS, the STATE requires the establishment of uniform procedures in compliance with OMB Circular A-102;
NOW THEREFORE BE IT RESOLVED, by the Police Jury, that the attached policy entitled “Procurement Procedures of the Rapides Parish Police Jury, Relative to the LCDBG Program” dated 8th day of April 2013 is hereby adopted.
Passed, approved and adopted this 8th day of April, 2013.
PROCUREMENT POLICY
These procedures are intended to serve as guidelines for the procurement of supplies, equipment, construction services and professional services for the REGULAR SESSION APRIL 8, 2013 LCDBG Program. These guidelines meet the standards established in 24 CFR 85.36 and state requirements.
CODE OF CONDUCT
No officer, employee or agent of the Rapides Parish Police Jury shall participate in the selection or in the award or administration of a contract supported by LCDBG funds if a conflict of interest, real or apparent, would be involved. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate
family; his/her partner; or an organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for award.
No officer, employee or agent of the Rapides Parish Police Jury shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub -agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.
Any alleged violations of these standards of conduct shall be referred to the Rapides Parish Police Jury Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution.
PROCUREMENT PROCEDURES
The director or supervisor of each department or agency of the Rapides Parish Police Jury responsible for procurement of services, supplies, equipment, or construction obtained with LCDBG funds shall review all proposed procurement actions to avoid the pur chase of unnecessary or duplicative items. Such reviews shall consider consolidation or breaking out to obtain a more economical purchase. When determined appropriate by the Director or Supervisor, an analysis to determine which approach would be the most economical shall be undertaken.
The Rapides Parish Police Jury shall take affirmative steps to assure that small and minority firms, women’s business enterprises, and labor surplus firms are solicited whenever they are potential qualified sources. The Rapides Parish Police Jury shall also consider the feasibility of dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority firms, women’s business enterprises, and labor surplus firms. Where per mitted by regulations, delivery schedules will be developed which will include participation by such businesses.
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APRIL 8, 2013
The Rapides Parish Police Jury shall assist the prime contractor whenever possible by providing copies of lists which identify qualified s mall and minority firms, women's business enterprises, and labor surplus area firms.
SELECTION PROCEDURES
ALL procurement carried out with LCDBG funds, where Rapides Parish Police Jury is a direct party, shall be carried out in a manner that provides m aximum free and open competition. Procurement procedures will not restrict or eliminate competition. Rapides Parish Police Jury shall not place unreasonable requirements on firms in order for them to qualify to do business. Nor will Rapides Parish Police Jury encourage or participate in noncompetitive practices among firms. The Rapides Parish Police Jury is alert to organizational conflicts which would jeopardize the negotiation process and limit competition. Rapides Parish Police Jury will not require unnecessary experience or bonding requirements.
Pursuant to state law, all solicitations of offers shall incorporate a clear accurate description of the technical requirements for the material, service, or product to be procured. In competitive procurements , these descriptions shall not contain features which unduly limit competition. The description may include a statement of the qualitative nature of the material, product, or service and the minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications shall be avoided whenever possible. A "brand name or equal" description may be used to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerers shall be clearly stated.
All solicitations of offers shall clearly set forth all requirements which offerers must fulfill and all other factors to be used in evaluating bids, proposals, or statements of qualifications.
Contracts shall be awarded only to responsible contractors/firms that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement.
Consideration shall be given to such factors as the co ntractor's/firm's capacity, integrity, compliance with public policy, record of past performance, and financial and technical resources.
METHODS OF PROCUREMENT
Direct procurement by the Rapides Parish Police Jury shall be made by using one of the following methods depending on the type of service to be procured.
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APRIL 8, 2013
Small Purchase Procedures. Relatively simple, informal procurement procedures will be used where the purchase of materials, supplies, equipment, and/or other property will not cost in the agg regate more than $30,000, and for construction with a cost of not more than $100,000, except where further limited by state law or LCDBG policy. The small purchase procedure can also be utilized to procure administrative consulting and other professional s ervices costing not more than $100,000. The only exception to professional services is for architectural/engineering services that must be procured through competitive negotiation. The procurement officer must obtain a minimum of three oral or
written price or rate quotations from qualified sources. Documentation on all quotations received (whether oral or written) shall be made a part of the file.
Competitive Sealed Bids/Formal Advertising. Under this procedure bids are publicly advertised in accordance with the state's Public Bid Law. A firm fixed price contract (either lump sum or unit price) shall be awarded to the responsible bidder whose bid is lowest in price and that conforms to all the material terms and conditions of the advertisement for bids.
Competitive sealed bids can be used ONLY when the following criteria are met:
- (1) there are complete, adequate, and realistic specifications or purchase descriptions; (2) there are two or more responsible bidders who are willing and able to compete effectively; (3) the procurement can be made on a firm fixed -price contract and selection of the successful bidder can appropriately be made principally on the basis of price. When formal advertising is used the following conditions shall be met.
- i. The advertisement for bids shall be publicly advertised in accord with state law.
ii. The advertisement for bids, including the specifications and pertinent attachments, shall clearly define the items or services needed in order for the bidders to properly respond to the advertisement.
iii. All bids shall be opened publicly at the time and place specified in the advertisement for bids.
iv. A firm fixed-price contract award shall be made by written notice to the lowest responsible bidder whose bid c onforms to the advertisement for bids. Where specified in the bid documents, factors such as discounts, transportation costs, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts shall only be used to determine low bid when prior experience indicates that such discounts are generally taken.
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APRIL 8, 2013
- v. Notwithstanding the above, any or all bids may be rejected when there are sound documented business reasons in the best interest of the LCDBG Program.
Competitive Negotiat ion: Requests for Proposals/Qualification Statements. This method may be used when formal advertising is not appropriate. Architectural and engineering services must be procured via requests for qualification statements; administrative consulting services must be procured via requests for proposals. Other professional services may also be procured by requests for proposals. The following procedures will be used for competitive negotiation:
- i. Requests for proposals or qualification statements must be adve rtised in a newspaper in the nearest metropolitan area in accordance with the rules of the state's LCDBG Program. All submittals will be honored and entered into the competition.
ii. The package for proposals or qualification statements shall identify al l significant evaluation factors or selection criteria, including the corresponding point system that will be used to rate the proposals/qualification statements.
iii. The selecting official (or committee, if one is designated) shall review all proposals and statements received and make a technical evaluation of each. This shall also include a written statement that identifies the basis upon which the selection was made.
iv. Contract award will be made to the responsible offerer whose submission is deemed most appropriate to the Rapides Parish Police Jury with consideration for price, qualifications, and other factors set by the local governing body. Unsuccessful offerers shall be notified in writing within ten working days of contract award. Documentati on of notification shall be maintained in the contract selection file for the individual project.
- v. Following the review of the qualification statements received, the most qualified competitor will be selected to enter into contract negotiation. This sh all always include negotiation of price to insure cost reasonableness. At the conclusion of successful negotiation, the competitor shall be invited to enter into a contract.
Noncompetitive Negotiation/Sole Source. Noncomp etitive negotiation shall be used when small purchase, formal advertising, or competitive negotiation procedures are not feasible. Noncompetitive negotiation will involve solicitations of a proposal from only one source. This can also occur if solicitation s under the competitive negotiation procedures result in only one proposal or qualification statement. Noncompetitive negotiation shall only be used when written authorization has been obtained from the state's Office of Community Development. In order to qualify for this type of procurement, one of the following circumstances must apply: REGULAR SESSION APRIL 8, 2013
- i. The item or service is available only from a single source;
ii. It is determined that a public urgency or emergency exists and the urgency will not permit the delay beyond the time needed to employ one of the other three methods of procurement.
iii. After solicitation of a number of sources, competition is determined to be inadequate.
CONTRACT PRICING
Cost plus percentage of cost and percentage of construction c ost methods of contracting MUST NOT be used. Rapides Parish Police Jury shall perform cost or pricing analysis in connection with EVERY procurement action including contract modifications. Costs or prices based on estimated costs for LCDBG projects shall be allowed only to the extent that the costs incurred or the cost estimates included in negotiated prices are consistent with federal cost principals. Cost reimbursement, fixed price, per diem contracts, or a combination thereof may be utilized as appropriate.
A cost reimbursement type contract is most appropriate when the scope and extent of the work to be performed are not clearly defined. A cost reimbursement contract MUST clearly establish a cost ceiling which may not be exceeded without formally amending the contract, and must identify a fixed dollar profit that may not be increased unless there is a contract amendment that increases the scope of the work.
A fixed price contract is appropriate when the scope of work is very well defined and product o riented. A fixed price contract MUST establish a guaranteed price that may not increase unless there is a contract amendment that increases the scope of the work.
A per diem contract expected to exceed $10,000 will not be considered unless Rapides Parish Police Jury has determined that a cost reimbursable or fixed price contract is not appropriate. Cost and profit included in the per diem rate MUST be specifically negotiated and shown separately in the proposal. The contract must clearly establish a ceili ng price that may not be exceeded without formally amending the contract.
The Rapides Parish Police Jury may use a multiplier type of compensation under either the cost reimbursement or fixed price contract. The multiplier and the portions of the multipl ier applicable to overhead and profit must be specifically negotiated and separately identified in the contract.
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APRIL 8, 2013 PROCUREMENT RECORDS
The Rapides Parish Police Jury shall maintain records sufficient to detail the history of the procurement. The records shall include the following contract provisions and conditions:
- i. Contracts other than small purchase shall contain provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and provide for sanctions and penalties as appropriate.
ii. All contracts in excess of $10,000 shall provide for termination for cause and for convenience by the Rapides Parish Police Jury including the manner in which it will be done and the basis for settlement.
iii. All construction contracts and subcontracts in excess of $10,000 shall include provisions which require compliance with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in DOL regulations (41 CFR Part 60).
iv. All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti -Kick-Back" Act (18 USC 874) as supplemented by DOL regulations (29 CFR Part 3).
- v. All contracts or subcontra cts in excess of $2,000 for construction or repair shall include a provision for compliance with the Davis -Bacon Act (40 USC 276a to a-7) as supplemented by DOL regulations (29 CFR Part 5).
vi. All construction or repair contracts or subcontracts in exce ss of $2,000, and in excess of $2,500 for other contracts which involve the employment or mechanics or laborers, shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 -330) as supplemented by DOL regulations (29 CFR Part 5).
vii. Each contract shall include a notice of state requirements and regulations pertaining to reporting and patent rights under any contract involving respect to any discovery or invention which arises or is d eveloped in the course of or under such contract, and of the state requirements pertaining to copyrights and rights in data.
viii. All negotiated contracts shall include a provision that makes it possible for the state, HUD, the Comptroller General of th e United States, or any of their duly authorized representatives, to have access to any books, documents, papers, or records of the contractor/firm that are directly pertinent to the contract, for the purpose of making audit examination excerpts and transc riptions. Further, the contract must include a provision that all required records will be maintained by REGULAR SESSION APRIL 8, 2013
the contractor/firm for a period of four years after the Rapides Parish Police Jury formally closes out each LCDBG program.
ix. All contracts, subcontracts, and subgrants in amounts in excess of $100,000 shall contain a provision which requires compliance with the requirements of
Section 306 of the Clean Air Act (42 USC 1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 1173 8, and Environmental Protection Agency regulations (40 CFR part 15).
- x. Contracts shall recognize mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
xi. The Rapides Parish Police Jury will be permitted to require changes, remedies, changed conditions, access and record retention, and suspension of work clauses approved by the state.
xi. Retention of all required records for three years after the State closes its grant with HUD.
xii. Section 3 of the Housing and Community Development Act of 1968, as amended – the provision of training, employment and business opportunities clauses.
xiii. Pursuant to LR S 38:2227, effective 7/2/10, public entities are required to obtain an attestation regarding past criminal convictions, if any, from each bidding entity responding to advertisements and letting for bids for public works contracts. The Past Criminal Convict ions of Bidders form must be included in all bid documents and contracts for public works.
xiv. Pursuant to LRS 38:2196.1, effective 7/1/10, any person or other entity that enters into any contract awarded without bidding with a state or local entity, or any contract with a local entity exceeding $10,000 awarded with bidding, in which a commission, fee, or other consideration is paid to the contractor for the contractor to sell to or provide to the state or local entity any commodity, goods, brokerage service or other service of any kind, insurance, or anything of value, then the full disposition, spl itting, or sharing of such commission, fee, or other consideration shall be disclosed to the state or local entity by the contractor in writing by an Affidavit of Notice of Fee Disposition. The Affidavit of Notice of Fee Disposition form must be included in all contracts.
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CONTRACT ADMINISTRATION
The Rapides Parish Police Jury shall maintain contract administration systems that insure contractors/firms perform in accordance with the terms, conditions, and specifications of their contracts or purchase o rders. The accepted performance of contractors/ firms will be a factor in subsequent contract negotiations and award.
Remedial action by the Rapides Parish Police Jury through legal processes shall be considered in instances of identified significant nonperformance.
THUS DONE AND ADOPTED THIS 8th day of April, 2013.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to award the construction contract to the Low Bidder, D on M. Barron Contractor, Inc., for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program, Project No. 40PARA3305-01, for the City of Pineville, Location 4-Pineville Main Street Sewer and Water Utility Relocations, as recommended by Pan American Engi neers, Project Engineer and Frye Magee, Program Consultant, pending final approval of applicable review agencies. On vote the motion carried.
On m otion by Ollie Overton, seconded by Mr. Craig Smith, to approve Change Order 1 for the construction contract with Don M. Barron Contracting, Inc. for the Red River Levee Recertification, Gravity Drainage Outfall Rehabilitation at Spanish Bayou (Rapides D/R -Location No. 9) Gustav/Ike CDBG Project 40PARA3305-01 for an increase of $100.00 to revise the contract amo unt to the actual bid amount, as recommended by Pan American, Project Engineer and authorize the President to sign. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to approve amending the Project Management Co ntract between the Rapides Parish Police Jury and the Rapides Area Planning Commission regarding the Greenway Park Subdivision Acquisition Project, Hazard Mitigation Grant Program (HMGP) schedule. Contract cost has not changed. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, authorizing the President to sign the amendment to the Project Management Contract between the Rapides Parish Police J ury and the Rapides Area Planning Commission regarding the Greenway Park Subdivision Acquisition Project, Hazard Mitigation Grant Program (HMGP) Project No. DR -LA-1786-079-0001, CFDA No. 97.039. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, t o authorize to enter into negotiations for an Intergovernmental Agreement between the REGULAR SESSION APRIL 8, 2013 Rapides Parish Police Jury, Rapides Parish Library, and Rapides Parish School Board for the purpose of the securing by purchase or lease of a portion of the Peabody High School property as the site for the construction of the Martin Luther King, Jr. Branch Library (Broadway Street); contingent upon legal counsels approval, to be paid with Library Funds and authorize the President to sign all necessary documents. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to enter into a professional services agreement with Alliance Design Group for the architectural work associated with the construction of the new Martin Luther King, Jr. Branch Library (Broadway Street); contingent upon legal counsel approval; to be paid with Library Funds; and authorize the President to sign all necessary documents. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, to enter into a professional services agreement with Ben N. Hargis, Real Estate Appraiser/ Consultant for preparing an appraisal of the value of the land/or lease value of the land that the Libra ry seeks to obtain from the Rapides Parish School Board for the construction of the new Martin Luther King, Jr. Branch Library (Broadway Street); contingent upon legal counsel approval; to be paid with Library Funds; and authorize the President to sign all necessary documents. On vote the motion carried.
The following proclamation was offered by Mr. Ollie Overton, seconded by Mr. Scott Perry and unanimously adopted:
PROCLAMATION
WHEREAS, the 45th Anniversary of the National Fair Housing Law, Title VIII of the Civil Rights Act of 1968, during the month of April, is an occasion for all Americans -individually and collectively - to rededicate themselves to the principle of freedom from housing discrimination whenever it exists; and
WHEREAS, this law guara ntees 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 support of each of our citizens; and
WHEREAS, the department and agencies of the State of Louisiana are to provide leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and
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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, the Rapides Parish Police Jury, do hereby, proclaim the month of April 2013, as FAIR HOUSING MONTH in the State of Louisiana.
THUS PASSED AND APPROVED on this 8th day of April, 2013.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to delete from the Rapides Parish Fire District #6 Asset/Inventory Program the equipment listed below as they are no longer suitable for public use and will be auctioned: ASSET NUMBER DESCRIPTION PURCHASE DATE 5793 1984-International Truck 03-21-90 9064 1993-GMC Truck 11-20-01 On vote the motion carried.
On motion Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for February 2013: Response Number of Required Compliance Zone Responses % % Alexandria -8 minutes 391 80% 91.30% Pineville -8 minutes 124 80% 84.68% Rapides -12 minutes 142 80% 90.85% Rapides -20 minutes 125 80% 84.80% On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton , to add the following items to the agenda.
A roll call vote was called to add the following items to the agenda YEAS: Joe Bishop, Bubba Moreau, Richard Vanderlick, Ollie Overton, Sean McGlothlin, Richard Billings, Scott Perry, Craig Smith ABSENT: Theodore Fountaine, Jr. NAYS: None On roll call vote the motion carried unanimously.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to enter into an Intergovernmental Agreement with the Town of Ball to replace a double set of culverts on Powell Lane with the Police Jury to provide labor and equipment, and materials to be paid out of Road District 10A funds, as recommended by the Public Works Director. On vote the motion carried. REGULAR SESSION APRIL 8, 2013
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to appoint Mr. Reginald Ingram to the Rapides Area Planning Commission Board for a five (5) year term. Term will expire April 8, 2018. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to appoint Ms. Jimmie Bernard to the Ward 10 Recreation Board, to fill the
unexpired term of Mr. Kevin Basco. Term will expire October 9, 2014. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Sean McGlothlin, to revise the Intergovernmental Agreement with the Town of Ball approved on March 18, 2013 to remove Malone Lane off Camp Livingston from the list of roads to be resealed and to add Cindy Street and Tall Pine Road to the list of streets to be resealed in the Ball municipal limits as requested by the Town of Ball, to be paid out of District A Ward 10 funds, as recommended by the Public Works Director. On vote the motion carried.
On m otion by Mr. Sean McGlothlin seconded by Mr. Ollie Overton, to authorize the President t o sign a Cooperative Endeavor Agreement with the Louisiana Department of Transportation for donation of reclaimed asphalt from the location of I-49 and LA 181. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to enter into an Intergovernmental Agreement with the City of Alexandria and the Gravity Drainage District #1 concerning the Masonic Drive and Tangent Rail Projects and authorize the President to sign, contingent upon Legal Counsel approval. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to authorize to hire Engineers to perform a cost/benefit analysis for the Masonic Drive and Tangent Rail Projects contingent upon the signing of an Intergovernmental Agreement with the City of Alexandria and Gravity Drainage District. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to authorize the President to sign a lease with the Louisiana Division of Administration to lease 5,242 square feet of usable space, located at the John A. Christophe Health Unit Building, 5604 -B Coli seum Boulevard, Alexandria, Louisiana, to be used by the Office of Public Health, Central Regional Office, Region 6, as an office at the rate of $12.586036 (First payment $4,398.48 – One hundred and nineteen payments at $5,498.00) per square foot per annum with fiftythree (53) parking spaces provided. On vote the motion carried.
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On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the meeting was adjourned at 3:25 p.m.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.