Public Meeting

Rapides Parish Police Jury

· 3:00 p.m. announced

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

Meeting documents

May 13, 2013 other

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Posted May 9, 2013

REGULAR SESSION

MAY 13, 2013 3:00 P.M.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENT ON ANY AGENDA ITEM

  1. Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on March 18, 2013 and April 8, 2013 as published in the Official Journal.
  2. Motion that approved bills be paid.
  3. Motion to accept the Treasurer’s Report. (FINANCE 5/6)
  4. Recognize and present plaques to the Boy Scout Troop #626, Eagle Scout Project, at Buckeye Recreation. (COURTHOUSE 5/6)
  5. Motion to adopt an ordinan ce authorizing the sale of abandoned/adjudicated property located at Lot Three (3) of Square “B” of the Crawford Addition, bearing the municipal address of 2415 REGULAR MEETING MAY 13, 2013

Northview Drive, Alexandria, to Machillie Augustine, for the consideration of $5,000.00. (FINANCE 5/6)

  1. Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located at Lot Twelve (12) of the Highland Subdivision bearing the Marshall, for the consideration of $2,000.00. (FINANCE 5/6)
  2. Motion to ratify authorization of the expenses of Police Jurors who attended the Rural Action Caucus Fly-in, held in Washington, DC on April 23-25, 2013. (FINANCE 5/6)
  3. Motion to authorize the expenses of interested Police Jurors, designated employees and Legal Counsel to attend the Coliseum Bond closing in New Orleans, on May 21, 2013. (FINANCE 5/6)
  4. Motion to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below:

Tax Debtor Description Mary Lee Ellis Lot 7, Square 23, Old South Land Co. Bearing the municipal address of: (FINANCE 5/6)

  1. Motion to authorize the expenses of interested Police Jurors, Employees and Legal Counsel to attend the Louisiana State Black Caucus Association Meeting, to be held in New Iberia on May 24-25, 2013. (FINANCE 5/6)
  2. Motion to ratify authorization for the exp enses of Mr. Richard Billings, who attended the Fort Polk Progress meeting, held on April 15, 2013 at Fort Polk, Louisiana. REGULAR MEETING MAY 13, 2013

(FINANCE 5/6)

  1. Motion to adopt a resolution giving preliminary approval to the issuance of not exceeding Three Million Dollars ($3,000,000) of Limited Tax Certificates, in one or more series, of the Parish of Rapides, State of Louisiana; providing certain terms of said certificates; making application to the State Bond Commission for appro val of said Certificates; and providing for other matters in connection therewith. (Library) (FINANCE 5/6)
  2. Levy the millage rates for 2013 as follows:

General Alimony 4.04 Exempted Municipalities 2.02 Fire District 2 15.52 Fire District 2 Service Area 1 16.11 Fire District 3 13.210 Fire District 4 15.340 Fire District 5 41.660 Fire District 6 20.410 Fire District 7 26.040 Fire District 7 14.260 Fire District 8 52.030 Fire District 9 24.020 Fire District 10 21.230 Fire District 10 22.590 Fire District 11 33.160 Fire District 11 Service Area 1 53.720 Fire District 11 Service Area 2 45.850 Fire District 14 21.93 Road District No 1A 25.030 Road District No 1B 15.00 Road District No 2C 54.490 Road District No 3A 32.000 Road District No 5A 48.240 Road District No 6A 21.610 Road District No 6A 53.070 Road District No 7A 5.560 Road District No 9B 10.980 Road District No 10A 10.040 REGULAR MEETING MAY 13, 2013

Road District No 36 10.770 Recreation District Buckeye 6.090 Health Unit 1.060 Senior Citizens Services 1.060 Renaissance 2.060 Libraries 1.030 Library Parishwide 6.260 Coliseum (Maintenance) 1.00 Coliseum (Bond) 2.55 (FINANCE 5/6)

  1. Motion to enter into a Cooperative Endeavor Agreement with the Louisiana Department of Revenue to perform joint sales and use tax audits as recommended by the Tax Administrator. (FINANCE 5/6)
  2. Motion to accept the Public Works Director's Report. (PUBLIC WORKS 5/6)
  3. Motion to approve Rapides Parish Roadway Capital Improvement Program 2013-2015, as recommended by the Public Works Director. (PUBLIC WORKS 5/6)
  4. Motion to delete from the Rapides Parish Infrastructure Asset/Inventory Program the following bridges. They were replaced with new structures:

Bridge Number Location 600265 Cheneyville – manmade Channel 600266 Cheneyville – 2.75 Miles Southwest 600439 Rigolette Bayou (Creosote) (PUBLIC WORKS 5/6)

  1. Motion to purchase 0.4 acres of Bottomland Hardwood Credits from Louisiana Wetlands, LLC, Bayou Teche Phase IV Bank, for the purchase of the appropriate compensatory mitigation credits to replace the Bayou Road bridge over Bayou Boeuf, in Section 2, Township 1 South, Range 2 East, Rapides Parish, Louisiana (US Corps of Engineers Subject No. MVN-2012-0221-SU) for an amount of $7,200 to be paid from Ward 3, REGULAR MEETING MAY 13, 2013

District H Funds, and authoriz e the President to sign all necessary documents. (PUBLIC WORKS 5/6)

  1. Motion to award Bid No. 2235 Various Road Improvements, Rapides Parish to the low bidder Gilchrist Construction Company for the amount of $3,349,634.90, as recommended by the Public Works Director, Treasurer and Purchasing Agent to be paid as follows:

Ward 10, District A $ 287,990.97 Ward 9, District B $ 118,155.37 Ward 2, District E $ 421,844.00 Ward 8, District E $ 210,012.03 Ward 2, District F $ 322,128.61 Ward 6, District H $ 491,222.85 Ward 3, District H $ 627,193.52 Ward 2, District H $ 462,235.27 Ward 8, District I $ 408,852.28 Total $3,349,634.90 (PUBLIC WORKS 5/6)

  1. Motion to adopt a resolution providing for canvassing the returns and declaring the result of the special election held in Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana, on Saturday, April 6, 2013. (WORKFORCE 5/6)
  2. Motion to adopt a resolution providing for canvassing the returns and declaring the result of the special election held in Road District No. 1B of the Parish of Rapides, State of Louisiana, on Saturday, April 6, 2013, to authorize the levy of a special tax therein. (WORKFORCE 5/6)
  3. Motion that the salary of any currently employed Department Head and future Department Head, not under Civil Service, be set at a minimum of $50,000 a year, effective May 15, 2013. (WORKFORCE 5/6)

REGULAR MEETING

MAY 13, 2013

  1. Motion to ratify approval of Amendment #2 to the WIA contract with the Louisiana Workforce Commission to add Dislocated Worker funds in the amount of $49,379.00 and authorize the President to sign the Amendment and the Treasurer to revise the budget as necessary. (WORKFORCE 5/6)
  2. Motion to accept the resignation of Mr. Mark Warren on the Buckeye Recreation District, waive the thirty (30) day announcement rule and appoint Mr. Blake Jenkins to fill the unexpired term. Term will expire September 13, 2013. (WORKFORCE 5/6)
  3. Motion to grant approval to Cedar Row Subdivision, located at Bayou Rapides and Cooper Road, Alexandria, as recommended by the Rapides Area Planning Commission, Legal Counsel and the Public Works Director and authorize signing of the plat. (GRANTS 5/6)
  4. Motion to ratify authorization for the President to sign an agreement with the Department of Public Safety and Corrections/Youth Services to allow the Ninth Judicial District Court to continue to participate in the Title IV -E Federal Foster Care Reimbu rsement Program, CFMS No. 708890 for the period of July 1, 2012 through June 30, 2013. (GRANTS 5/6)
  5. Motion to call for a public hearing on June 3, 2013, for the FY 2014 -2015 Louisiana Community Development Block Grant program, to be held at 3:00 pm, in the Police Jury Meeting Room. (GRANTS 5/6)
  6. Motion to adopt a resolution authorizing the fiscal year 2014/2015 Louisiana Community Development Block Grant Application and authorize the President to sign any necessary documents and to award Frye-Magee, LLC the Administrative Consultant Services. (GRANTS 5/6)

REGULAR MEETING

MAY 13, 2013

  1. Motion to appoint the selection review committee for engineers for the FY 2014-2015 LCDBG Program, to be composed of the Police Jury President, Treasurer, Public Works Director and Grants Committee Chairman. (GRANTS 5/6)
  2. Motion to adopt the Selection Criteria for the FY 2014 -2015 LCDBG Engineer/Consultant. (GRANTS 5/6)
  3. Motion to ratify authorization for the president to sign an application to be submitted to the Office of Community Development-Disaster Recovery Unit for funding for a Rapides Parish Comprehensive Plan. This funding requires no match. (GRANTS 5/6)
  4. Motion to adopt a resolution to adopt the policy for communicating information to persons with hearing impairments. (GRANTS 5/6)
  5. Motion to adopt a resolution for an in ternal grievance procedure for Section 504 of the Rehabilitation Action of 1973, as amended (Public Law 93 - 112). (GRANTS 5/6)
  6. Motion to ratify authorization for the President to sign a letter to the Louisiana U.S. Congressional Delegation outlining concerns over changes to the National Flood Insurance Program as a result of the Biggert -Waters National Flood Insu rance Reform Act 2012. This Legislation will cause drastic increases in the flood insurance program for residents of Rapides Parish (GRANTS 5/6)

(AMENDMENT TO MOTION TO ALSO ADOPT A RESOLUTION IN

REGARDS TO THE BIGGERT -WATERS ACT AND SEND TO THE

LOUISIANA U.S. CONGRESSIONAL DELEGATION)

(Mr. Bishop)

REGULAR MEETING

MAY 13, 2013

  1. Motion to request the District Attorney's office to file a Petition for Declaratory Judgment to declare that franchise agreements with no franchise fee is an improper donation of public funds. (PAROCHIAL 5/6)
  2. Motion to direct the District Attorney to file suit for Declaratory Judgment of Chapter 22 -400, as amended to determine whether or not the ordinance is to be applied retroactive to pre-existing RV parks. (PAROCHIAL 5/6)
  3. Motion to declare that Chapter 22 -400, as amended be applied retroactive to pre-existing RV parks. (PAROCHIAL 5/6)

Francis Brian, Jr., Rapides Parish Coroner. (MUNICIPAL LIAISON 5/6)

  1. Motion to enter into an Intergovernmental Agreement with the Town of Glenmora for fifty (50) hours of inmate labor to cut ditches, to be paid out of Road District 1A funds, as requested by the Town of Glenmora. (MUNICIPAL LIAISON 5/6)
  2. Motion to enter into an Intergovernmental Agreement with the United States Forestry Service to accept Forestry Service Road #NF -208 for Parish maintenance and authorize the President to sign. (MUNICIPAL LIAISON 5/6)
  3. Motion to enter into an Intergov ernmental Agreement with the Town of Woodworth to take the first one mile of the United States Forestry Service Road #NF-208 for maintenance and authorize the President to sign. (MUNICIPAL LIAISON 5/6) REGULAR MEETING MAY 13, 2013
  4. Motion to receive the required report from Acadian Ambulance under the Contract for March, 2013:

Response Number of Required Compliance Zone Responses % % Alexandria -8 minutes 431 80% 91.42% Pineville -8 minutes 153 80% 83.66% Rapides -12 minutes 189 80% 86.24% Rapides -20 minutes 168 80% 85.12% (INSURANCE 5/6)

  1. Motion to purchase one (1) 2013 Ford F-350 with service body off of City of Alexandria Vehicle contract bid #1900, at an estimated cost of $45,000, to be paid from Fire District #3 funds, as recommended by Alpine Volunteer Fire Department. (INSURANCE 5/6)
  2. Motion to purchase one (1) Class A Pumper off of State of Louisiana LaMAS Fire Truck Contract, at an estimated cost of $300,000, to be paid from Fire District #3 funds, as recommended by Alpine Volunteer Fire Department. (INSURANCE 5/6)
  3. Motion to give all Rapides Fire District #3, full time employees 4% pay raise as recommended by Alpine Volunteer Fire Department. (INSURANCE 5/6)
  4. Motion to name Mr. Steve Fontenot, PE with Smith, Fontenot, & Phillips as the Project Engineer for renovations of Rapides Parish Fire District No. 2, Station No. 4 (Hot Wells Road), as recommended by the Fire Chief, to be paid from Fire District No. 2 funds as budgeted, and authorize the President to sign all necessary documents. (INSURANCE 5/6)

REGULAR MEETING

MAY 13, 2013

  1. Motion to receive proposals for reno vations of Rapides Parish Fire District No. 2, Station No. 4 (Hot Wells Road), as recommended by the Fire Chief. (INSURANCE 5/6)
  2. Motion to authorize the Rapides Parish Fire District #7 to submit a grant application to the Volunteer Fire Assi stance Program for four (4) EF Johnson 53ES SL mobile radios in the amount of $10,155.00, Fire Department share $5,077.50, and authorize the President to sign same. (INSURANCE 5/6)

(2/3 VOTE TO ADD TO AGENDA AFTER COMMITTEE)

  1. Presentation of plaque s for the Menard Girls Track and Field Team who won the LHSAA Class 2A State Title. (Mr. McGlothlin/Mr. Vanderlick)

(UNANIMOUS VOTE REQUIRED TO PLACE ITEM

ON AGENDA AFTER POSTED)

ADJOURNMENT

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May 13, 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 Louisiana, on Monday, May 13 , 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., Mr. Theodore Fountaine, Jr., Craig Smith and Sean McGlothlin.

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. Bubba Moreau.

The Pledge of Allegiance was led by Boy Scout Troop #626.

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. Bubba Moreau, seconded by Mr. Sean McGlothlin, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on March 18, 2013 and April 8, 2013 as published in the Official Journal. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, that approved bills be paid. On vote the motion carried.

On motion by Mr. Bubba More au, seconded by Mr. Craig Smith, to accept the Treasurer’s Report. On vote the motion carried.

The next item on the agenda was to recognize and present plaques to the Boy Scout Troop #626 for an Eagle Scout Project, at Buckeye Recreation.

Mr. Craig Smith and Mr. Joe Bishop presented plaques to the Boy Scout Troop #626 and thanked them for building picnic tables at the Buckeye Recreation for an Eagle Scout Project.

The next item on the agenda was to recognize and present plaques to the Menard Girls Track and Field Team who won the LHSAA Class 2A State Title.

Mr. Sean McGlothlin and Mr. Richard Vanderlick presented plaques to the Menard Girls Track and Field Team and congratulated them for winning LHSAA Class 2A State Title.

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, the following resolution was presented and on vote unanimously adopted:

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL

A certain piece, parcel or tract of land, together with all buildings and improvements thereon, all rights, ways and privileges thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more fully described as follows, to-wit:

Lot Three (3) of Square “B” of the Crawford Addition, Alexandria, Louisiana, as per plat of survey thereof recorded at Plat Book 5, page 116, records of Rapides Parish, Louisiana.

Municipal Address of the Property: 2415 Northview Drive, Alexandria, LA 71301

married to and living in community with Lyndell Augustine

FOR THE

CONSIDERATION OF $5,000.00 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

A certain piece, parcel or tract of land, together with all buildings and improvements thereon, all rights, ways and privileges thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more fully described as follows, to-wit:

Lot Three (3) of Square “B” of the Crawford Addition, Alexandria, Louisiana, as per plat of survey thereof recorded at Plat Book 5, page 116, records of Rapides Parish, Louisiana.

Municipal Address of the Property: 2415 Northview Drive, Alexandria, LA 71301

said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and

WHEREAS, a request has been received from MACHLLIE AUGUSTINE, married to and living in community with Lyndell Augustine, to purchase said property for the consideration of $ 5,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,

WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to MACHLLIE AUGUSTINE, married to and living in community with Lyndell Augustine, for the offered consideration.

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

Section 1. A certain piece, parcel or tract of land, together with all buildings and improvements thereon, all rights, ways and privileges thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more fully described as follows, to-wit:

Lot Three (3) of Square “B” of the Crawford Addition, Alexandria, Louisiana, as per plat of survey thereof recorded at Plat Book 5, page 116, records of Rapides Parish, Louisiana.

Municipal Address of the Property: 2415 Northview Drive, Alexandria, LA 71301

Rapides Parish, Louisiana should be re-entered into the stream of commerce thereby serving the public interest.

Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:

the mortgage and conveyance records of Rapides Parish, the current telephone book, any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities

Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;

Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:

  • (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
  • (b) The filing of the sale or donation transferring the property.
  • (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).

Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:

  • (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
  • (b) The filing of the sale or donation transferring the property.
  • (c) The publication required by this Section shall be that which is included in R.S. 47: 2206 B. (2).

Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.

Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.

NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.

NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.

Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.

  • (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
  • (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
  • (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.

Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.

Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.

Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.

  • (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
  • (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
  • (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
  • (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.

THUS PASSED, APPROVED AND ADOPTED on this 13th day of May, 2013.

On motion by Mr. Olli e Overton, seconded by Mr. Craig Smith, the following resolution was presented and on vote unanimously adopted:

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL

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

Lot Twelve (12) of the Highland Subdivision, as per plat thereof recorded in Plat Book 7, Page 257 of the records of Rapides Parish, Louisiana.

TO MS. FRANCES MARSHALL

FOR THE

CONSIDERATION OF $2,000.00 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

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

Lot Twelve (12) of the Highland Subdivision, as per plat thereof recorded in Plat Book 7, Page 257 of the records of Rapides Parish, Louisiana.

said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and

WHEREAS, a request has been received from MS. FRANCES MARSHALL to purchase said property for the consideration of $2,000.00 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two -thirds (2/3) of the appraised value of the property; and,

WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above -mentioned property to MS. FRANCES MARSHALL, for the offered consideration.

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

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

Lot Twelve (12) of the Highland Subdivision, as per plat thereof recorded in Plat Book 7, Page 257 of the records of Rapides Parish, Louisiana.

Rapides Parish, Louisiana, should be re -entered into the stream of commerce thereby serving the public interest.

Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:

  • • the mortgage and conveyance records of Rapides Parish,
  • • the current telephone book,
  • • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities

Section 3. The a cquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “g reen and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;

Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee in tends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:

  • (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
  • (b) The filing of the sale or donation transferring the property.
  • (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).

Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:

  • (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
  • (b) The filing of the sale or donation transferring the property.
  • (c) The publication required by this Section shall be that which is included in R.S. 47: 2206 B. (2).

Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.

Section 7. At any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Ju ry shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.

NOTE: The initial application fee of $75.00 and any other cos ts incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.

NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve a ll oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.

Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.

  • (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
  • (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
  • (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.

Section 10. The provisions of R.S. 41:1338 shall not apply to the property bei ng sold or donated in accordance with this Ordinance.

Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.

Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose in terest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.

  • (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
  • (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
  • (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
  • (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.

THUS PASSED, APPROVED AND ADOPTED on this 13th day of May, 2013.

On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, to ratify authorization of the expenses of Police Jurors who attended the Rural Action Caucus Fly-in, held in Washington, DC on April 23-25, 2013. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to authorize the expenses of interested Police Jurors designated employees and Legal Counsel to attend the Coliseum Bond closing in New Orleans, on May 21, 2013. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below:

Tax Debtor Description Mary Lee Ellis Lot 7, Square 23, Old South Land Co. Bearing the municipal address of: On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize the expenses of interested Police Jurors, Employees and Legal Counsel to attend the Louisiana State Black Caucus Association Meeting, to be held in New Iberia on May 24-25, 2013. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to ratify authorization for the expenses of Mr. Richard Billings, who attended the Fort Polk Progress meeting, held on April 15, 2013 at Fort Polk, Louisiana. On vote the motion carried.

The following resolution was offered by Mr. Ollie Overton and seconded by Mr. Craig Smith: RESOLUTION

A resolution giving preliminary approval to the issuance of not exceeding Three Million Dollars ($3,000,000) of Limited Tax Certificates, in one or more series, of the Parish of Rapides, State of Louisiana; providing certain terms of said certificates; making application to the State Bond Commission for approval of said Certificates; and providing for other matters in connection therewith.

WHEREAS, Section 742.2 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority, authorizes political subdivisions to borrow money in anticipation of revenues to be realized from special taxes to be used only for the purposes for which the tax was voted; and

WHEREAS, the Parish of Rapides, State of Louisiana (the "Issuer") desires to incur debt and issue not exceeding Three Million Dollars ($3,000,000) of its Limited Tax Certificates, in one or more series (the "Certificates"), for the purpose of acquiring, constructing and/or improving public libraries and paying the costs of issuance thereof, said Certificates to be payable from their revocable pledge and dedication of the funds to be derived from the levy and collection of a 7.08 mills tax authorized pursuant to elections held on May 3, 2003, September 30,2006 and November6,2012 (such rate being subject to adjustment from time to time due to reassessment) authorized to be levied each year through the year 2023 within the boundaries of the Issuer (collectively, the "Tax"), to mature over a period no later than March 1,2024, and to bear interest at a rate or rates not to exceed five per centum (5%) per annum; and

WHEREAS, the Issuer is not now a party to any contract pledging or dedicating the Tax, except the Issuer's outstanding Limited Tax Certificates, Series 2007; and

WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the Certificates, and further to employ special bond counsel in connection therewith;

NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Parish of Rapides, State of Louisiana, that:

SECTION 1. Preliminary Approval of Limited Tax Certificates. Preliminary approval is given to the issuance of not exceeding $3,000,000, aggregate principal amount of Limited Tax Certificates of the Issuer (the "Certificates"), to be issued in one or more series, for the purpose of acquiring, constructing and/or improving public libraries and paying the costs of issuance thereof, said Certificates to be payable from the irrevocable pledge and dedication of the funds to be derived from the levy and collection of a 7.08 mills tax authorized pursuant to elections held on May 3, 2003, September 30, 2006 and November 6, 20l2(such rate being subject to adjustment from time to time due to reassessment) authorized to be levied each year through the year 2023 within the boundaries of the Issuer (the "Tax"). The Certificates shall bear interest at a rate or rates not to exceed five per centum (5%) per annum, to be determined by subsequent resolution of this Governing Authority at the time of the sale of the Certificates, and shall mature over a period no later than March 1, 2024. The Certificates shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than par, plus accrued interest, and shall have such additional terms and provisions as may be determined by this Governing Authority.

SECTION 3. State Bond Commission Approval. Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Issuer, together with a letter requesting the prompt consideration and approval of this application. By virtue of applicant/issuer's application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission's approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc. ", adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

SECTION 2. Bond Counsel. This Issuer finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, LLP, of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bonds. Said Bond Counsel shall prepare and submit to this Issuer for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Issuer as to the issuance thereof and shall furnish their opinions covering the legality of the issuance of the Bonds. The fee of Bond Counsel for each series of said bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General's fee guidelines for such bond counsel work in connection with the issuance of each such series of revenue bonds and based on the amount of said bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds. That pursuant to instructions from the Treasurer, Bond Counsel shall cause to be prepared an official statement with respect to the sale of the Bonds and the costs of the preparation and printing of said official statement, as approved by the State Bond Commission, shall be paid from the proceeds of the issue for which it has been prepared. Said Official Statement may be submitted to one or more of the nationally recognized bond rating service or services, together with a request that an appropriate rating be assigned. Payment for all ratings shall be made by the Treasurer upon presentation of appropriate statements from the particular rating service furnishing the ratings. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Treasurer is hereby empowered and directed to issue vouchers in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerated.

SECTION 4. Declaration of Official Intent. Prior to the delivery of the Bonds, the Issuer anticipates that it may pay a portion of the costs of the project from available funds. The project includes specifically acquiring, constructing and/or improving public libraries and paying the costs of issuance thereof. Upon the issuance of the Bonds, the Issuer reasonably expects to reimburse any such expenditures of other available funds from a portion of the proceeds of the Bonds. Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.ISO-I(b)) and will be made upon the delivery of the Bonds and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the project was placed in service. This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2.

This resolution having been submitted to a vote, the vote thereon was as follows:

Member Yea Nay Absent Abstaining

Davron "Bubba" Moreau X _____ _____ _____ Joe Bishop X _____ _____ _____ Craig Smith X _____ _____ _____ Theodore Fountaine, Jr. X _____ _____ _____ Richard G. Vanderlick X _____ _____ _____ Oliver Overton X _____ _____ _____ Sean McGothlin X _____ _____ _____ Richard W. Billings X _____ _____ _____ Scott Perry X _____ _____ _____

And the resolution was declared adopted on this, the 13th day of May, 2013.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vand erlick, the following motion was carried unanimously:

That the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), canvass the returns and declare the result of the special election held in Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana:

PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN ROAD DISTRICT NO. 2B (WARD 11) OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, APRIL 6, 2013.

BE IT KNOWN AND REMEMBERED that on Monday, May 13, 2013, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authori ty of Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, April 6, 2013, with a quorum being present, did examine the official certifi ed tabulations of votes cast at the said election, and did examine and canvass the returns of said election, there having been submitted at said election the following proposition to wit:

ROAD DISTRICT NO. 2B (WARD 11)

TAX PROPOSITION

Shall Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "District"), levy and collect a special ad valorem tax of twenty-five (25) mills on all the property subject to taxation within the confines of the District, for a period of ten (10) years, beginning with the year 2013 and ending with the year 2022 (an estimated $530,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for the purpose of constructing, maintaining and keeping in repair the p ublic roads, highways, bridges and related drainage within said District?

The canvass of the results of the election showed that there was a total of 376 votes cast IN FAVOR OF the Proposition and a total of 687 votes cast AGAINST the Proposition, and th at there was a majority of 311 votes cast AGAINST the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as herein above set forth was duly DEFEATED by a majority of the votes cast by the qualified electors voting at the said special election.

THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13 th day of May, 2013.

ATTEST: /s/ Joe Bishop President

/s/ Laurel Smith Secretary

The following resolution was offered by Richard Vanderlick and seconded by Craig Smith: RESOLUTION A resolution providing for canvassing the returns and declaring the result of the special election held in Road District No. 1B of the Parish of Rapides, State of Louisiana, on Saturday, April 6, 2013, to authorize the levy of a special tax therein.

BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), actin g as the governing authority of Road District No. 1B of the Parish of Rapides, State of Louisiana, that:

SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Road District No. 1B of the Parish of Rapides, State of Louisiana, on SATURDAY, APRIL 6, 2013, to authorize the levy of a special tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election.

SECTION 2. Procès Verbal. A Procès Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who sh all record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority.

SECTION 3. Promulgation of Election Result. The result of said election shall be promulgated by publication in the manner provided by law. This resolution having been submitt ed to a vote, the vote thereon was as follows: YEAS: Joe Bishop, Davron Bubba” Moreau, Craig Smith, Theodore Fountaine, Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Richard Billings, Scott Perry NAYS: none ABSENT: none

And the resolution was declared adopted on this, the 13th day of May, 2013.

/s/ Laurel Smith /s/ Joe Bishop Secretary President

PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN ROAD DISTRICT NO. 1B OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, APRIL 6, 2013.

BE IT KNOWN AND REMEMBERED that on Monday, May 13, 2013, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murr ay Street, 2nd Floor, Alexandria, Louisiana, the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Road District No. 1B of the Parish of Rapides, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, April 6, 2013, with the following members present:

There being absent: NONE

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

ROAD DISTRICT NO. 1B

TAX PROPOSITION

Shall Road District No. 1B of the Parish of Rapides, State of Louisiana (the "District"), levy and collect a special ad valorem tax of fifteen (15.00) mills on all the property subject to taxation within the confines of the District, for a period of ten (10) years, beginning with the year 2013 and ending with t he year 2022 (an estimated $305,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for the purpose of constructing, maintaining and keeping in repair the public roads, highways, bridges and related drainage wi thin said District?

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

POLLING PLACES VOTE TABULATION

Precinct Location FOR AGAINST C05 Phoenix Magnet Elementary School, 4500 Lincoln Road, Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 C14 N Bayou Rapides Elementa ry School, 5500 England Dr, Alexandria (IN PART) 1 0 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 C22 Louisiana State University- Alexandria, 8100 Hwy. 71 South, Alexandria (IN PART) 0 0 Drive, Alexandria (IN PART) 4 4 Alexandria (IN PART) 2 0 Alexandria (IN PART) 3 2 Alexandria (IN PART) 0 0 Alexandria (IN PART) 7 0 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 2 Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 0 C39 N Bayou Rapides Elementary School, 5500 England Drive, Alexandria (IN PART) 0 0 Alexandria (IN PART) 0 2 Alexandria (IN PART) 0 0 S07 Oak Hill School, 7362 Hwy. 112, Hineston (IN PART) 0 0 S15 Louisiana State University- Alexandria, 8100 Hwy. 71 South, Alexandria (IN PART) 0 0 ABSENTEE 5 11 TOTAL 22 21 MAJORITY FOR 1

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 22 votes cast IN FAVOR OF the Proposition and a total of 21 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 1 vote cast IN FAVOR OF the Proposition as hereinabove set forth.

Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposi tion as hereinabove set forth was duly CARRIED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, April 6, 2013.

THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13 th day of May, 2013.

ATTEST: /s/ Joe Bishop President

/s/ Laurel Smith Secretary

On mo tion by Mr. Ollie Overton, seconded by Mr. Scott Perry, that the millage rates for 2013 are hereby adopted as follows:

General Alimony 4.04 Exempted Municipalities 2.02 Fire District 2 15.52 Fire District 2 Service Area 1 16.11 Fire District 3 13.210 Fire District 4 15.340 Fire District 5 41.660 Fire District 6 20.02 Fire District 7 26.040 Fire District 7 14.260 Fire District 8 44.28 Fire District 9 24.020 Fire District 10 21.230 Fire District 10 22.590 Fire District 11 33.160 Fire District 11 Service Area 1 53.720 Fire District 11 Service Area 2 45.850 Fire District 14 21.93 Road District No 1A 25.030 Road District No 1B 15.00 Road District No 2C 54.490 Road District No 3A 32.000 Road District No 5A 48.240 Road District No 6A 20.36 Road District No 6A 53.070 Road District No 7A 5.560 Road District No 9B 10.980 Road District No 10A 10.040 Road District No 36 10.770 Recreation District Buckeye 6.090 Health Unit 1.060 Senior Citizens Services 1.060 Renaissance 2.060 Libraries 1.030 Library Parishwide 6.260 Coliseum (Maintenance) 1.00 Coliseum (Bond) 2.55 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to enter into a Cooperative Endeavor Agreement with the Louisiana Department of Revenue to perform joint sales and use tax audits as recommended by the Tax Administrator. On vote the motion carried.

On motion by Mr. Sean McGlothlin, seconded by Mr. Bubba Moreau, to accept the Public Works Director's Report. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to approve Rapides Parish Roadway Capital Improvement Program 2013 -2015, as recommended by the Public Works Director.

DISTRICT A, WARD 10

Herman Lane Junior High Road Third Street Hope Lane Stalnaker Drive Myland Road Northview Street Northview Street Tioga Road 2,047 Clark Road 1,261

DISTRICT B, WARD 9

Star Light Trail Venus Avenue

DISTRICT C, WARD 10

Donahue Ferry Rd

DISTRICT E, WARD 2

Cloverdale Road Castor Plunge Road Hamp Smith Road

DISTRICT E, WARD 8

Pleasant Drive Ann Drive Julie Drive Kincaid Boat Road

DISTRICT F, WARD 2

Lamorie Road

DISTRICT H, WARD 2

Reynolds Road Dewitt Lane Cain Road

DISTRICT H, WARD 3

Bayou Road Clyde Smith Road

DISTRICT H, WARD 6

Elzie Johnson Road Chester Maricle Road Whittington Road

  • W. Thompson Road Dollie Paul Road Ed Perkins Road Leroy Harper Road

DISTRICT I, WARD 8

Old Boyce Road Powell Lane

District A, WARD 10 Pardue Road Oaklane Road East Yeager Road Mitchell Drive

DISTRICT B, WARD 9

Jupiter Loop Milky Way Road Mars Avenue High Country Drive

DISTRICT E, WARD 2

Charlie Wise Road Beard Road Chickamaw Road

DISTRICT E, WARD 5

Ian Johnson Road Cutts Road Valentine Lake Road

DISTRICT E, WARD 7

Mora Road

DISTRICT E, WARD 8

Brooks Road Winfield Drive Fredericksburg Road

DISTRICT F, WARD 2

Satcher Road

DISTRICT H, WARD 2

Town & Country Road Sandy Lane

DISTRICT H, WARD 3

Cocodrie Dam Road

DISTRICT H, WARD 4

Ahtus Melder Road Winegart Road

DISTRICT H, WARD 6

Monk Road

DISTRICT H, WARD 4

Boy Scout Road Bennett Bay Road

DISTRICT H, WARD 5

Ed Coleman Road Walding Road Sandy Lane Bounds Road

DISTRICT H, WARD 6

Sonny Boy Doyle Road Arnold Strother Road Jason Thomas Road

DISTRICT I, WARD 8

Community Lane Dublin Road

DISTRICT A, WARD 10

Rigolette Road Duncan Road Linda Drive

DISTRICT B, WARD 9

Cutoff Road Stilley Road

DISTRICT E, WARD 2

Chickamaw Road

DISTRICT E, WARD 3

Chickamaw Road

DISTRICT E, WARD 7

Brown Creek Road

DISTRICT E, WARD 5

Irving Long Road Bennett Road Dewil Cemetery Road

DISTRICT E, WARD 8

Hanes Road Little Bayou Road Polk Street

DISTRICT F, WARD 2

Old Baton Rouge Highway

DISTRICT H, WARD 2

Echo Lane Tiger Lake Road Sam Carroll Road Dewitt Lane Dupuy Road Echo Street

DISTRICT H, WARD 3

Bayou Road Jeff Horn Road

DISTRICT H, WARD 4

Boy Scout Road Bennett Bay Road

DISTRICT H, WARD 5

Dixie Church Road Grayson Marler Road Chester Merchant Road

DISTRICT H, WARD 6

Chester Mc Road Dolie Road Dollie Paul Road Mary Odom Road Monk Road

DISTRICT I, WARD 8

Henry Street

On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Craig Smith, to delete from the Rapides Parish Infrastructure Asset/Inventory Program the following bridges. They were replaced with new structures:

Bridge Number Location 600265 Cheneyville – manmade Channel 600266 Cheneyville – 2.75 Miles Southwest 600439 Rigolette Bayou (Creosote) On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to purchase 0.4 acres of Bottomland Hardwood Credits from Loui siana Wetlands, LLC, Bayou Teche Phase IV Bank, for the purchase of the appropriate compensatory mitigation credits to replace the Bayou Road bridge over Bayou Boeuf, in Section 2, Township 1 South, Range 2 East, Rapides Parish, Louisiana (US Corps of Engi neers Subject No. MVN -2012-0221-SU) for an amount of $7,200 to be paid from Ward 3, District H Funds, and authorize the President to sign all necessary documents. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to award Bid No. 2235 Various Road Improvements, Rapides Parish to the low bidder Gilchrist Construction Company for the amount of $3,349,634.90, as recommended by the Public Works Director, Treasurer and Purchasing Agent to be paid as follows:

Ward 10, District A $ 287,990.97 Ward 9, District B $ 118,155.37 Ward 2, District E $ 421,844.00 Ward 8, District E $ 210,012.03 Ward 2, District F $ 322,128.61 Ward 6, District H $ 491,222.85 Ward 3, District H $ 627,193.52 Ward 2, District H $ 462,235.27 Ward 8, District I $ 408,852.28 Total $3,349,634.90 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, that the salary of any currently employed Department Head and future Department Head, not under Civil Service, be set at a minimum of $50,000 a year, effective May 15, 2013.

Amended motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, that the salary of any currently employed Department Head and future Department Head, not under Civil Service, be set at a minimum of $50,000 a year, effective May 16, 2013. On vote the amended motion carried.

Roll call on the motion was as follows:

Yeas: Mr. Theodore Fountaine, Mr. Ollie Overton, Mr. Sean McGlothlin, Mr. Scott Perry. Mr. Joe Bishop, Mr. Bubba Moreau, Mr. Craig Smith, Mr. Richard Vanderlick, Mr. Richard Billings Nays: None

On roll call vote the amended motion passed 9-0.

On motion by Mr. Richard Vande rlick, seconded by Mr. Ollie Overton, to ratify approval of Amendment #2 to the WIA contract with the Louisiana Workforce Commission to add Dislocated Worker funds in the amount of $49,379.00 and authorize the President to sign the Amendment and the Treasu rer to revise the budget as necessary. On vote the motion carried.

On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to accept the resignation of Mr. Mark Warren on the Buckeye Recreation District, waive the thirty (30) day announcement rule and appoint Mr. Blake Jenkins to fill the unexpired term. Term will expire September 13, 2013. On vote the motion carried.

On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to grant approval to Cedar Row Subdivision, located at Bayou Rapides and Cooper Road, Alexandria, as recommended by the Rapides Area Planning Commission, Legal Counsel and the Public Works Director and authorize signing of the plat. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to ratify authorization for the President to sign an agreement with the Department of Public Safety and Corrections/Youth Services to allow the Ninth Judicial District Court to continue to participate in the Title IV -E Federal Foster Care Reimbursement Program, CFMS No. 708890 for the period of July 1, 2012 through June 30, 2013. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to call for a public hearing on June 3, 2013, for the FY 2014 -2015 Louisiana Community Development Block Grant program, to be held at 3:00 pm, in the Police Jury Meeting Room. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, the following resolution was adopted:

RESOLUTION AUTHORIZING FISCAL YEAR 2014/2015 LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

WHEREAS, the Parish desires to submit a fiscal year (“FY”) 2014/2015 Louisiana Community Development Block Grant (“LCDBG”) public facilities applications for sewer rehab improvements (the “Application”); and,

WHEREAS, the Parish intends to use local funds (in order to gain additional points in connection with the Application) to pay for administrative costs up to and including pre -agreement costs, admini strative consultant fees, and any other administrative costs incurred by the local governing body associated with the Application; and,

WHEREAS, the Parish desires to enter into an agreement with Frye -Magee, LLC (“Frye Magee” ), to perform all administrative consulting services associated with the Application, which includes developing the Application, and thereafter performing all administrative consulting duties following a grant award; and,

NOW THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF THE PARISH OF RAPIDES, LOUISIANA:

§1. The Parish enters into an agreement with Frye Magee, LLC to develop the Application and to perform administrative consulting services. §2. The president, Joe Bishop, is authorized to execute resp ective agreements with Frye Magee, LLC, and to execute the Application, as well as related documents, to be on such other terms and conditions as he shall deem advisable, and to do any and all things necessary and proper to carry out this Resolution and to fulfill its objects and purposes. §3. This Resolution shall become effective upon final adoption and signature of the President.

WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on this the 13th day of May, 2013.

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to appoint the selection review committee for engineers for the FY 2014 -2015 LCDBG Program, to be composed of the Police Jury President, Treasurer, Public Works Director and Grants Committee Chairman. On vote the motion carried.

FY 2014-2015 LCOBG SELECTION CRITERIA ENGINEERS

WHEREAS, the Rapides Parish Police Jury has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant (LCDBG) Program FY 2014-2015 administered by the Division of Administration; and,

WHEREAS, it is necessary under the program regulations to authorize certain procurement actions for engineers where LCDBG funds are utilized for such professional services and individuals to perform certain designated functions by the State.

NOW THEREFORE BE IT RESOLVED, that the Rapides Parish Police Jury as legal recipient of the LCDBG funds does hereby authorize the following actions:

SECTION I

WHEREAS, the projects to be applied for under the LCDBG 2014•2015 Program will require engineers; and,

WHEREAS, the Program requires that a procurement process be established by the Town; and,

WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Parish the professional firms most qualified to perform the duties as required.

NOW, THEREFORE BE IT RESOLVED, that the Rapides Parish Police Jury, as legal recipient of the FY 2014•2015 LCDBG Program funds, does hereby appoint the following persons as the FY 2014 -2015 LCDBG Program Professional Services Selection Committee to review and rank engineering firms in conformance with the following selection criteria:

Joseph “Joe” Bishop , Tim Ware , Oliver “Ollie” Overton, Jr. and Dennis Woodward

Section 2

SECTION 3

ENGINEERING SERVICES

WHEREAS, the project to be applied for under the FY 2014 -2015 LCDBG Program will require the procurement of engineering services for projects in the Rapides Parish Police Jury through a Request for Qualification Statements process based upon the following engineering selection criteria when LCDBG funds are utilized for such services; and,

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

ENGINEERING SERVICES SELECTION CRITERIA

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

  1. Experience of the firm with thi s type of construction project under the LCDBG funded projects during the past five calendar years (Total possible points - 25 pts.)

No previous experience 5pts. Under contract with 1-10 grantees during the past five calendar years (identify grantee and type of project) 15pts. Under contract with more than 10 grantees during the past 5 calendar years 25pts.

  1. Familiarity with Similar Projects during the past five calendar years (Total possible points - 25)

Less than 10 similar projects 5pts. More than 10 similar projects 15pts. More than 15 similar projects 25pts.

  1. Capacity to Perform the Work (Total possible points - 25)

Adequate staff to perform work 20pts. Application deadline can be met, and plans and specs. be completed within 6 months, if application is funded 5pts.

  1. Length of time the firm or project engineer has been in business (Total possible points- 25)

Less than 5 years 5pts. 5 to 10 years 15pts. Over 10 years 25pts.

Items 1 & 2 & 4 - Respondents can score in one rating items only. Item 3 - Respondents can score in all rating items.

TOTAL PTS. FOR REQUIRED AND OPTIONAL CONSIDERATION 100 PTS.

In the event of a tie, the firm which has the most knowledge of the specific problem associated with the proposed project will be chosen. Such knowledge must have been obtained by previous experience with the local governing body regarding the affected infrastructure.

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

BE IT RESOLVED, by the Rapides Parish Police Jury that the selection criteria is hereby designated as the criteria whereby all engineering qualification statements will be evaluated where LCDBG funds are utilized for such services.

BE IT ALSO RESOLVED that the request for qualifications for those services be advertised one time in the official journal and metropolitan newspaper, and selection be scheduled for 8th of July, 2013.

Passed and adopted by the Rapides Parish Police Jury, State of Louisiana, on this 13th day of May, 2013, by the following votes:

YEAS: Joe Bishop, Davron Bubba” Moreau, Craig Smith, Theodore Fountaine, Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Richard Billings and Scott Perry NAYS: ABSTAINED: ABSENT:

On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, to ratify authorization for the president to sign an application to be submitted to the Office of Community Development -Disaster Recovery Unit for funding for a Rapides Parish Comprehensive Plan. This funding requires no match. On vote the motion carried.

On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to adopt the following resolu tion for communicating information to persons with hearing impairments:

RESOLUTION

POLICY STATEMENT FOR COMMUNICATING INFORMATION

TO PERSONS WITH SENSORY IMPAIRMENTS BY

WHEREAS, Rapides Parish Police Jury has been afforded the opportunity to participate in the State of Louisiana Community Development Block Grant (CDBG) administered by the Division of Administration; and,

WHEREAS, the CDBG Program requires that all grant recipients adopt by resolution a policy for communicatin g information to persons with hearing impairments; NOW, THEREFORE BE IT RESOLVED, that the attached “Policy Statement For Communicating Information to Persons With Sensory Impairments” for the Rapides Parish Police Jury is hereby adopted.

BE IT FURTHER RESOLVED, the Rapides Parish Police Jury hereby adopts a policy to utilize the Louisiana Hearing Impaired Relay System for communicating with hearing impaired persons. The relay numbers are: Information 1-800-333-0605, TDD Users 1-800-846-5277 and Voice Users 1-800947-5277. PASSED, APPROVED AND ADOPTED THIS 13th day of May, 2013.

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to adopt the following resolution for an internal grievance procedure for Section 504 of the Rehabilitation Action of 1973 as amended (Public Law 93-112):

RESOLUTION

GRIEVANCE PROCEDURE BY

WHEREAS, the Rapides Parish Police Jury has been afforded the opportunity to participate in the State of Louisiana Community Developme nt Block Grant (CDBG) administered by the Division of Administration; and,

WHEREAS, the CDBG Program requires that all grant recipients adopt by resolution an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the regulation of the U.

  • S. Department of Housing and Urban Development, 24 CFR Part 8, implementing Section 504 of the Rehabilitation Act of 1973, as amended (Public Law 93 -112); and

WHEREAS, S ection 504 states, in part: No otherwise qualified handicapped individual … shall, solely by reason of his handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

NOW, THEREFORE BE IT RESOLVED, that the attached “Grievance Procedure” is hereby adopted.

PASSED, APPROVED AND ADOPTED THIS 13th day of May, 2013.

On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following resolution was adopted to ratify authorization for the President to sign a letter to the Louisiana U.S. Congressional Delegation outlining concerns over changes to the National Flood Insurance Program as a result of the Biggert -Waters National Flood Insurance Reform Act 2012. This Legislation will cause drastic increases in the flood insurance program for residents of Rapides Parish. Also to adopt a resolution in regards to the Biggert Waters Act and send to the Louisiana U.S. Congressional Delegation. The resolution is as follows:

RESOLUTION

WHEREAS, A resolution requesting the Rapides Parish Police Jury to request the support of our Congressional legislative delegation to amend or revise the Biggert-Water Flood Insurance Reform Act. Since 1968 the historical purpose of the National Flood Insurance Program(NFIP) was to provide affordable flood insurance in exchange for using FEMA generated and specified Flood Insurance Rate Maps (FIRMs) for floodplain management by a participating community; and, WHEREAS, generations of Louisiana home and business owners have made lifelong plans and investments based on the existence of affordable flood insurance as proposed by FEMA in the NFIP and have dutifully complied with and enrolled in the NFIP for the past 45 years; further, in many cases, these properties are the owner’s largest investment; and, WHEREAS, most of the issues we face in the loss of our coast and the historical protection from flooding we enjoyed for generations are by and large traceable to historic and current Federal Policy. Further, the majority of the NFIP policy holders are required to have flood insurance to meet the terms of a federally backed mortgage; and, WHEREAS, through the passage of the Biggert -Water Flood Insurance Reform Act (Public Law 112 -141, aka: BW12) signed into law by President Obama on July 6 th of 2012, the NFIP was revised such that the public’s trust and reliance on the program to provide affordable flood insurance protection for prior investments in their homes and business were essentially discontinued with no practical alternative provided for and this passage substantially and immediately devalued the investments made in all properties receiving subsidized insurance premium rates through the drastic increase in t he cost of flood insurance and all other properties in the area; and, WHEREAS, it is incumbent upon us all to have a long term, sustainable and viable NFIP with rates that are affordable. NOW, THEREFORE, BE IT RESOLVED, THAT WE, THE MEMBERS OF THE RAPIDE S PARISH POLICE JURY, do hereby request our Congressional legislative delegation amend or revise the Biggert -Water Flood Insurance Reform Act as follows: SECTION I. The release of all new DFIRMS for adoption of communities should be temporarily suspended. New maps continue to be developed and refined by FEMA working with local stakeholders to insure accuracy in reflecting flood risk in the community taking into account non - accredited levees and other features which afford flood protection, but the maps should not be presented for adoption at this time. SECTION II. Give communities time to work with FEMA to push enrollment into the NFIP for a special enrollment period. This limited (1 year), one time only option, would allow folks to sign up or renew their NFIP policy using the currently adopted maps in their community under the following conditions:

  • a) any property that is enrolled or renewed during this period will be able to keep its pre -BW12 subsidized rate indefinitely until: the property is destr oyed or abandoned by a non -flood event, the policy is allowed to lapse, the property has a flood claim(s) equal to the insured value of the property. SECTION III. Any property that has been enrolled or renewed during the special enrollment period as descr ibed in Section II. above can be sold, donated or otherwise transferred to a new owner who will also be able the keep the pre-BW12 subsidized rate indefinitely until: the property is destroyed or abandoned by a non -flood event, the policy is allowed to lapse, the property has a flood claim(s) equal to the insured value of the property. SECTION IV. All new policies written after the special enrollment period, or those renewed after a lapse in coverage will be subject to BW12 in full. SECTION V. New or r evised maps developed in compliance with Section I. above, can be released to the communities after completion of the 1 year special enrollment period described in Section II. above or whenever they are completed. These new maps, once adopted by the commu nities, will set the new standards for all new construction. Further, these maps will be used to determine the actuarial flood risk for all new policies or the renewal of any lapsed policy. SECTION VI. FEMA should consider the issuance of different polic ies that provide varying levels of protection and deductible that would still allow policy holders to maintain coverage. SECTION VII. All excess annual premiums collected by FEMA through the NFIP after all claims have been paid shall remain in the NFIP fund balance and shall not be transferred to the US Treasury. NFIP fund balances should be allowed to grow and reduce annual actuarial premium rates the NFIP remains solvent The foregoing resolution having been submitted discussed and voted unanimously in SUPPORT. And the resolution was unanimously declared adopted on this 13 th day of May, 2013. On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to request the District Attorney's office to file a Petition for Declaratory Judgment to declare that franchise agreements with no franchise fee is an improper donation of public funds.

Mr. Richard Billings stated that if the District Attorney’s Opinion does come back and say we cannot use public property without charging franchise fees, it’s going to come back that our water, sewer and possibly Fire Departments would have to charge a franchise fee and the people are going to be paying the franchise fees, not the companies, they are going to pass it on down to their customers. People in the rural areas have been very good about passing taxes, renewals and so forth.

Mr. Theodore Fountaine stated that he just wanted Mr. Wells to clarify mis - information that is going out.

Mr. Tom Wells, Legal Counsel, stated this motion was discussed about a few years ago and the Jury requested he write to the Attorney General’s office to ask if it was proper or improper to allow franchise holders to use public rights of ways without charging a franchise fee. The Attorney General said that it was not an ille gal donation of public assets if we could make a qualifyable determination that we were receiving something of equal value. The Attorney General basically gave us the only answer he could have because he couldn’t quantify it. Mr. Wells stated he had met with Tim Ware, Treasurer in an attempt to come up with a determination on his own and he reported back to the Jury that he could not make that determination. He was then asked by Mr. Fountaine what the next step would be and he stated to have a court decl are if it is an improper donation because he was unable to provide that opinion. This motion is directing him to file suit to have it declared one way or the other. If it comes back that it is improper to charge or grant a franchise without imposing a fr anchise fee then you’re going to be faced with the dilemma of having a court declare that what you are doing or have done is illegal and you will be put in a position where you will have to revoke or rescind the franchises and impose a franchise fee. If t he court finds there is public benefit and it is not an improper or illegal donation of public assets, you still can then issue franchises with or without franchise fees. It resolves a question in the minds of the Jury.

Discussion ensued.

Roll call on the motion as follows:

Yeas: Mr. Theodore Fountaine, Mr. Ollie Overton, Mr. Sean McGlothlin, Mr. Scott Perry. Nays: Mr. Joe Bishop, Mr. Bubba Moreau, Mr. Craig Smith, Mr. Richard Vanderlick, Mr. Richard Billings

Motion failed on roll call vote 4-5.

Motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to direct the District Attorney to file suit for Declaratory Judgment of Chapter 22 -400, as amended to determine whether or not the ordinance is to be applied retroactive to pre-existing RV parks.

Mr. Tom Wells explained that the next item on the agenda actually should have been before this one.

Motion by the body to pull the motion from the agenda. On vote the motion carried and the motion was pulled from the agenda. Mr. Richard Vanderlick voted nay.

The next item on the agenda was a m otion to declare that Chapter 22 -400, as amended be applied retroactive to pre-existing RV parks.

Substitute motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to have a committee formed with Mr. Tom Wells, Legal Counsel serving to bring back a recommendation on the RV parks. On vote the substitute motion carried. Mr. Richard Vanderlick voted nay.

The next item on the agenda was to recognize Dr. Francis Brian, Jr., Rapides Parish Coroner.

Dr. Francis Brian, Coroner, spoke about some of the statistics and concerns about the possible removal of Huey P. Long Hospital and the effects it would have on the Coroner’s office. Huey P. Long has 4 storage units they allow the Coroners to use, Cabrini Hospital has 1 drawer, 2 shelves and Rapides General Hospital 2 drawers. Another problem is that paupers have to be held for a certain amount of time. If Huey P. Long Hospital shuts down, Rapides Parish will be in a bad bin d. Rapides and Cabrini have Security and maintenance. Even if Rapides Parish were to build one, where would we get Security and someone to maintain the building?

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into an Intergov ernmental Agreement with the Town of Glenmora for fifty (50) hours of inmate labor to cut ditches, to be paid out of Road District 1A funds, as requested by the Town of Glenmora. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into an Intergovernmental Agreement with the United States Forestry Service to accept Forestry Service Road #NF -208 for Parish maintenance and authorize the President to sign. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into an Intergovernmental Agreement with the Town of Woodworth to take the first one mile of the United States Forestry Service Road #NF-208 for maintenance and authorize the President to sign. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to receive the required report from Acadian Ambulance under the Contract for March, 2013:

Response Number of Required Compliance Zone Responses % % Alexandria -8 minutes 431 80% 91.42% Pineville -8 minutes 153 80% 83.66% Rapides -12 minutes 189 80% 86.24% Rapides -20 minutes 168 80% 85.12% On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton. to purchase one (1) 2013 Ford F -350 with service body off of City of Alexandria Vehicle contract bid #1900, at an estimated cost of $45,000, to be paid from Fire District #3 funds, as recommended by Alpine Volunteer Fire Department. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to purchase one (1) Class A Pumper off of State of Louisiana LaMAS Fire Truck Contract, at an estimated cost of $300,00 0, to be paid from Fire District #3 funds, as recommended by Alpine Volunteer Fire Department. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to give all Rapides Fire District #3, full time employees 4% pa y raise as recommended by Alpine Volunteer Fire Department, effective May 16, 2013. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to name Mr. Steve Fontenot, PE with Smith, Fontenot, & Phillips as the Proj ect Engineer for renovations of Rapides Parish Fire District No. 2, Station No. 4 (Hot Wells Road), as recommended by the Fire Chief, to be paid from Fire District No. 2 funds as budgeted, and authorize the President to sign all necessary documents. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to receive proposals for renovations of Rapides Parish Fire District No. 2, Station No. 4 (Hot Wells Road), as recommended by the Fire Chief. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Craig Smith, to authorize the Rapides Parish Fire District #7 to submit a grant application to the Volunteer Fire Assistance Program for four (4) EF Johnson 53ES SL mobile radios in the amount of $10,15 5.00, Fire Department share $5,077.50, and authorize the President to sign same. On vote the motion carried.

The next item on the agenda was to r ecognize Mr. Ronnie Brewer from Amicus Club Rodeo concerning the 2014 Amicus Rodeo.

Mr. Ronnie Brewer explained that the Amicus Club Rodeo would be held at the Rapides Parish Coliseum the third weekend in January in 2014. He explained that he had spoken with Jimbo Thiels, Coliseum Authority and Mr. Jay Lynch, Baron Heinberg and Brocota and they did not foresee a problem with the Rodeo the construction on the Coliseum. Mr. Brewer questioned if there would be any problem with the Rodeo in 2014.

Mr. Joe Bishop stated after the beginning of the fiscal year 2014, there would not be any events booked, but the Jury was in favor of letting the Amicus Club Rodeo hold their event.

On motion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, there being no further business, the meeting adjourned at 3:57 p.m.

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

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