Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
July 21, 2014 other
Open official PDF ↗ 13 pages sha256:e6382fe3cee6…
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Police Jury Meeting Room 2nd Floor, Parish Courthouse
Posted July 17, 2014
REGULAR SESSION
JULY 21, 2014 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on June 9, 2014 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (Finance 7/7)
- Recognize Ms. Sarah Catherine Laborde, Legislative Youth Advisory Council and other members, to present Joshua Logan James, student of Buckeye High School, the Statewide Leadership Award, chosen from over 60 applicants, as the Statewide Youth Leader. (Mr. Smith)
- Recognize Travis Dean Becker, Troop 626, Eagle Scout Court of Honor. (Mr. Bishop)
- Recognize Mr. Greg Beard, Candidate for District Judge in Rapides Parish. (Mr. Overton)
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JULY 21, 2014
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- Recognize Mr. Charles “Greg” Gravel, Candidate for Division G District Court Judge in Rapides Parish. (Workforce 7/7)
APPOINTMENTS TO ANNOUNCED AT THE NEXT MEETING
**Appointment to the Waterworks District #3 Board for a five (5) year term to fill the expiring term of Mr. Robert Sibley. Term will expire June 14, 2014. CHECK WITH BUBBA ON THIS BEFORE POSTING **Appointment to the Rapides Parish Civil Service Board for a three (3) year term to fill the expired term of Mr. Michael Shamblin, nominated by Louisiana College. Term expired April 14, 2014. (TOM WELLS SENDING LETTER) **Appointment to the Fire District No. 3 Civil Service Board for a three (3) year term to fill the expired term of Mr. Andrew Hunter. Term expired October 10, 2013. (TOM WELLS SENDING LETTER) **Appointment to the Fire District No. 4 Civil Service Board for a three (3) year term to fill the expired term of Mr. Byron McGee. Term expired November 12, 2012. (TOM WELLS SENDING LETTER) **Appointment to the Fire Protection District No. 12 Board to fill the expiring term of Mr. Elvin McCann. Term will expired August 14, 2014. **Appointment to the Kisatchie Delta Regional Planning Board for a three (3) year term to fill the expired term of Mr. Sean McGlothlin. Term expired July 15, 2014. **Appointment to the Mosquito Abatement District No. 1 Board for a three (3) year term to fill the expiring ter m of Ms. Samantha Young, representing Agricultural Interests. Term will expire August 9, 2014. **Appointment to the Mosquito Abatement District No. 1 Board for a three (3) year term to fill the expiring term of Mr. Joseph Awotwi, representing Program Management. Term will expire August 9, 2014. **Appointment to the Zachary Taylor Parkway Commission for a two (2) year term to fill the expiring term of Mr. Bob Stevens. (Alternate member) Term will expire August 31, 2014. **Appointment to the Zachary Taylor Parkway Commission for a two (2) year term to fill the expiring term of Mr. Buck Vandersteen. Term will expire August 31, 2014.
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot Seven (7), Square One (1), K.P.D.R. Heights Alexandria, to Ms. Deana Hovnatanian for the consideration of $640.58 cash. (Finance 7/7)
- Motion to adopt an ordin ance authorizing the sale of abandoned/adjudicated property located on Lot Ten (10) of Square Four (4) of Homewood Place, Angelo DeAngelo for the consideration of $2,000.00 cash. (Finance 7/7) REGULAR MEETING JULY 21, 2014
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- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot 60’ x 121’, being part of Lots 9 & 10 Leland College Subdivision bearing the municipal address of 3620 Rachal Alley, Alexandria, to Curley Holden, Jr. for the consideration of $1,146.85 cash. (Finance 7/7)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Part of Lots 9 & 10 Leland College Subdivision, bearing the municipal address of 362 4 Rachal Alley, Alexandria, to Curley Holden, Jr. for the consideration of $1,8333.33 cash (Finance 7/7)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot 5 of Block “D” Crawford Subdivision, bearing the Augustine for the consideration of $2,105.43 cash (Finance 7/7)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Part of Lots 7 & 8 of Square 36 South Alexandria Land Company, Ltd’s Addition, bearing the municipal address of 1215 Huffman Street, Alexandria, to Antioch Missionary Baptist Church, through its authorized agent, Roy Sanders for the consideration of $333.33 cash. (Finance 7/7)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot 38 of Square 2, Soloman Leonard Addition, bearing Scott for the consideration of $1,200.00 cash (Finance 7/7)
- Motion to adopt a Notice of Intent of Sale through the Abandoned/Adjudicated Property Procedures the following property:
Tax Debtor Property Description HDM, LLC Lot Eighteen (18), Block Four (4) of Homewood Place Subdivision Bearing the Municipal address of:
Heidi Q. Bordelon, et al Lot Two (2), Square Two (2) of Sunset Addition Bearing the Municipal address of: REGULAR MEETING JULY 21, 2014
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HDM, LLC Lot Seventeen (17), Block Four (4), Homewood Place Subdivision Bearing the Municipal address of:
Mississippi Land Co. Lot One (1), Square Three (3) of Sunset Addition Bearing the Municipal address of:
Minor Holmes, et al Being Lot Seven (7) of Square Six (6) of Homes Acres Subdivision Bearing the municipal address of: 3329 Lillie Grimble, Alexandria
Minor Holmes, et al Being Lot Six (6) of Square Six (6) of Home Acres Subdivision Bearing the municipal address of: 3403 Lillie Grimble, Alexandria
Timothy Herzberg Lot containing 4.95 acres being in Section 1, T4N, R3E Bearing the municipal address of: (Finance 7/7)
- Motion to delete from the Rapides Parish District Attorney’s Office the Asset/Inventory Program the following equipment as it is broken beyond repair: Asset Number Description Disposal 7444 Work Center w/Penninsula Scrap (Finance 7/7)
- Motion to authorize the Engineer, Meyer, Meyer, LaCroix & Hixson, to advertise and receive bids for a New Fire Station for Rapides Parish Fire District No. 15, Taylor Hill. (Finance 7/7)
- Motion to authorize Change Order No. 3 for the Construction Contract with Tudor, Inc. for an increased amount of $2,393.00 to add additional pipe sleeves for future irrigation and increase the contract by twelve (12) days, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. (Finance 7/7)
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- Motion to delete from the Rapides Parish Fire District #5 Asset/Inventory Program the following equipment as it was sold at auction mounted to a vehicle. ASSET DESCRIPTION DISPOSAL 9138 Winch-Warn 9000 lb sold (Finance 7/7)
- Motion to grant the 2% annual longevity pay increase mandated by the State for Rapides Parish Fire District No. 2 employees, effective August 1, 2014, as recommended by Fire Chief Randy McCain, to be paid out of Fire Protection District No. 2 funds. (Finance 7/7)
- Motion to authorize to advertise for bids for the “Airport Signs and NAVAIDs” project, Esler Airport, which is 100% funded by FAA and DOTD funds, as recommended by Pan American Engineers, Project Engineer. (Finance 7/7)
- Motion to authorize the expenses of the Public Works Director to attend the National Association of County Engineers North Central Regional Conference and NACE Board Meeting to be held on October 21-23, 2014 in Rapid City, SD. (Finance 7/7)
- Motion to authorize Change Order No. 4 for the Construction Contract with Tudor, Inc., for an increased amount of $19,028.00 to change asphalt paving to 5” 3800 psi concrete reinforced with 6X6 #6/6 wwm with key ways, saw cut, and/or expansion joints @15 ft. each way and add extra stone and sand to meet grades and to increase the contract time by twenty-one (21) days, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. (Finance 7/7)
- Motion to delete from the Rapides Parish Fire District # 7 Asset/Inventory Program the following equipment for various reasons as shown: Asset DESCRIPTION DISPOSAL 6154 Pump Sold to FD#6 mounted on Asset #5939 6178 SCBA – Air Pack To be auctioned 6179 SCBA – Air Pack To be auctioned 6181 SCBA – Air Pack To be auctioned 6182 SCBA – Air Pack To be auctioned 6183 SCBA – Air Pack To be auctioned REGULAR MEETING JULY 21, 2014
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6184 SCBA – Air Pack To be auctioned 7133 SCBA – Air Pack To be auctioned 7134 SCBA – Air Pack To be auctioned 7135 SCBA – Air Pack To be auctioned 7136 SCBA – Air Pack To be auctioned 7709 SCBA – Air Pack To be auctioned 7710 SCBA – Air Pack To be auctioned (Finance 7/7)
- Motion to add up to four (4) additional inmate laborers to the Rapides Parish Highway Department road crews, pending Legal Counsel and Sheriff approval. (Finance 7/7)
- Motion for the Rapides Parish Police Jury to retain the services of an appraiser for the jointly owned property, owned by the City of Alexandria and the Rapides Parish Police Jury on Highway 28 West (Coliseum Project) in Alexandria, and authorize the President to send letter of intent to the City of Alexandria. (Public Works 7/7)
- Public Works Director's Report. (Public Works 7/7)
- Motion to approve Change Order No. 1 with Diamond B Construction, LLC the Allie Paul Road, Bobby Maricle Road, Bobby Odom Road, Clayton Cloud Road, Davide Willis Road, Dude West Road, Freddie Willis Road, Herbert Ashworth Road, Wilda Stanley Road, Memphis Willis, Dan Willis and William Odom Road all in (Ward 6, District H) for a decreased amount of $176,584.77, as recommended by the Public Works Director. (Public Works 7/7)
- Motion to accept settlement offer from the Louisiana Office of Forestry in the amount of $2,207.12 for damage to the Jenkins Road (Ward 4, District
- H) and authorize the President to sign all the necessary paperwork, as recommended by the Public Works Director. (Public Works 7/7)
- Motion to abandon a portion of the right-of-way of Jane Ann Street, that is no longer needed for a public purpose located on the Hixson Brothers Funeral Home property in Ward 10, District B, accept a new right-of-way that follows the existing road, and authorize the President to sign all the REGULAR MEETING JULY 21, 2014
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necessary documents, as recommended by the Public Works Director subject to the approval of the Rapides Area Planning Commission and Legal Counsel. (Public Works 7/7)
- Motion to amend the Rapides Parish Code of Ordinances Section 20-7 (b)
- (2) (a) to read:
- (2) Assistance to be rendered:
- a. The assistance to be rendered under this policy is limited to the grading, graveling, ditching, installation and repair of drainage structures, and maintaining of a road not to exceed one-quarter mile in length and not to exceed twelve (12) feet travel surface in width and not to exceed forty
- (40) feet of culvert and/or one hundred fifty (150) feet of bridge decking and/or one hundred fifty (150) cubic yards of pit run and/or fifteen (15) cubic yards of washed gravel or limestone, not to be spread unless approved by the Public Works Director and parish manager.
as recommended by the Public Works Director subject to the approval of Legal Counsel. (Public Works 7/7)
- Motion to adopt an ordinance to amend and reenact Section 18-4.4, through truck traffic, so as to prohibit through trucks on Donahue Ferry Road, Districts A, B and C, and authorize the Parish Highway Department to put up signs. (Public Works 7/7)
- Motion to appoint Mr. Terry Martin to the Fire District #4 Civil Service Board, nominated by Louisiana College, for a three (3) year term effective July 21, 2014. (Mr. Byron McGee’s term expired November 12, 2012.) Mr. Martin’s term will expire November 12, 2015. (Workforce 7/7)
- Motion to create a position for Workforce Enforcement Coordinator to be funded out of WIA funds to be filled immediately. (Workforce 7/7)
- Motion to consider and take action with respect to announcing that the Police Jury of Rapides Parish, Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the renewal of a special tax to be held within the Buckeye Recreation District at its REGULAR MEETING JULY 21, 2014
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meeting on Monday, September 8, 2014 at 3:00 p.m. at the Rapides Parish (Workforce 7/7)
- Motion to consider and take action with respect to announcing that the Police Jury of Rapides Parish, Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the rededication and levy of a special tax to be held within Service Area No. 1 of Fire Protection District No. 11 at its meeting on Monday, September 8, 2014 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. (Workforce 7/7)
- Motion to consider and take action with respect to adopting a resolution ordering and calling a special election to be held in Fire Protection Sales Tax District No. 17 of the Parish of Rapides, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith. (Workforce 7/7)
- Motion to authorize participation in the Emergency Management Performance Grant (EMPG 2014) Grant # EMW-2014-EP-00035-S01, to be administered by the Rapides Parish Homeland Security and Emergency Preparedness Office, and to authorize the OHSEP Director to sign related documents. (Grants 7/7)
- Motion to authorize submitting a grant application to Volunteer Fire Assistance Program through the Louisiana Department of Agriculture & Forestry, Office of Forestry, requesting matching funds of $2,490.00, for a fire hose and portable radio, as requested by the Ruby-Kolin Volunteer Fire Department Board of Directors and authorize the President to sign same. (Grants 7/7)
- Motion to amend the engineering agreement with Meyer, Meyer, LaCroix and Hixson Engineers for Phase 2 (Amendment #1) of the Bayou Boeuf Diversion Canal Improvement Project (OCD- DRU No. 40DRLG7001, as recommended by Frye Magee, Project Administrator and ratify authorization for the President to sign all necessary documents. (Grants 7/7)
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- Motion to adopt a resolution to award the construction contract for the Red River Levee Recertification South Bank Red River Project, Gustav/Ike Recovery State Project No. 40PARA3303, to the low bidder Cecil D. Gassiott, LLC, for an amount of $3,348,008.50 as recommended by Meyer, Meyer, LaCroix and Hixson, Project Engineer and authorize President to sign. (Grants 7/7)
- Motion to allow Rylee Contracting the sole bidder to withdraw their bid dated June 19, 2014 in the amount of $98,825.01 (engineers estimate $350,500) for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program City of Pineville Wastewater Treatment Plant, Secondary Sewer Outfall Plugging and Sealing and Sewage Pump Station Abandonment (Location No. 2), State Project No. 40PARA3303 construction project; as per Rylee Contracting’s written request dated June 20, 2014; this written request is in compliance with R.S. 38:2214c; based upon Rylee Contracting, stating an error was made in assembling his bid in that costs associated with shoring, dewatering and control of water flow from the Red River in the 16-inch sewer main were omitted when calculating the cost of Pay Item Nos. 4 and 5; and authorize to re-advertise Bid No. 2304. (Grants 7/7)
- Motion to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide labor and equipment to perform twenty-four (24) hours of hand cleaning various public drainage ditches, as requested by the Town of Woodworth, to be paid out of towns portion of Road District 2C funds and authorize the President to sign same. (Municipal 7/7)
- Motion to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide labor and equipment to perform forty (40) hours of cleaning various public drainage ditches within the town limits, as requested by the Town of Woodworth, to be paid out of towns portion of Road District 2C funds and authorize the President to sign same. (Municipal 7/7)
- Motion to enter into a three year Lease Agreement with the LSU Board of Supervisors to provide a morgue in Pineville, Louisiana at a rate of $3,000 a year plus maintenance and utilities, to be paid out of General funds and ratify authorization for the President to sign same. (Municipal 7/7)
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- Motion by Mr. Joe Bishop, seconded by Mr. Craig Smith, to sponsor an application to the Louisiana Department of Transportation and Development for the placement of Share the Road signs on State Highways in Rapides Parish and to allow the placement of Share the Road signs on certain roads maintained by the Rapides Parish Police Jury, as recommended by the Public Works Director. (Municipal 7/7)
- Motion to enter into an Intergovernmental Agreement with the Rapides Parish Sheriff’s Department, for the Rapides Parish Highway Department to clean ditches at the Pea Farm to improve crop production and lower the cost of feeding inmates to the benefit of Rapides Parish as recommended by the Public Works Director. (Municipal 7/7)
- Motion to enter into an Intergovernmental Agreement with the Rapides Parish School Board and the Town of Ball, to widen and extend Laura Avenue near Paradise Elementary to address traffic congestion, approval contingent upon receipt of and approval of estimates for land acquisition and relocation of utilities on Laura Avenue, not to exceed $60,000, to be paid out of Ward 10 reseal funds and subject to Legal Counsel approval. (Municipal 7/7)
- Motion to receive the required report from Acadian Ambulance under the Contract for May, 2014:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 451 80% 86.25% Pineville - 8 minute 134 80% 82.09% Rapides - 12 minute 154 80% 89.61% Rapides - 20 minute 193 80% 80.83 (Mr. Billings)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE OF THE
JURY BUT WERE POSTED ON THE AGENDA AFTER THE
COMMITTEE MEETING IN COMPLIANCE WITH THE PUBLIC
MEETINGS LAW AND ARE NOW CONFIRMED AS HAVING BEEN
INCLUDED IN THE PUBLISHED AGENDA BY 2/3RD VOTE
- Motion to declare the following structure to be in violation of Flood Damage Prevention, Section 10 -1/2.17 of the Rapides Parish Code of Ordinances, REGULAR MEETING JULY 21, 2014
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which is a violation of F lood Damage Prevention which is intended to discourage or otherwise restrict land development or occupancy in flood prone areas and the Rapides Parish Police Jury requests FEMA deny the availability of flood insurance coverage to this structure pursuant to the provisions of Section 1316 of the National Flood Insurance Act of 1968, as Alexandria; residence in Zone A1. Lowest floor not constructed per elevation certificate or elevation stakes set by surveyor, base flood elevation 71’ and lowest floor elevation 69.5’. (Mr. Overton)
- Motion to authorize the expenses of interested Police Jurors , Legal Counsel and designated employees to attend the Organization of Parish Administrative Officials Annual Conference in Shreveport, Louisiana on August 6-8, 2014. (Mr. Overton)
- Discuss parking lot issues at the Rapides Parish Coliseum between the City of Alexandria and the Rapides Parish Police Jury and the purchasing of the jointly owned property. (Mr. Bishop)
- Motion to grant the 2% annual longevity pay increase mandated by the State for eligible Rapides Parish Fire Protection District No. 7 e mployees, effective August 7 , 201 4, to be paid out of Fire Protection District No. 7 Funds. (Mr. Smith)
- Motion to authorize the Rapides Parish Fire District #7 to create a Captain’s position, under the Civil Service Board, and for a provisional appointment to Mr. Jason Cannon , until testing, with a 25% pay increase, effective July 7, 2014, as recommended by the Ruby-Kolin Volunteer Fire Department. (Mr. Bishop)
- Motion to adopt a resolution to protect and support our heritag e, culture and traditions of hunting deer and other game with dogs in Rapides Parish, copy of this resolution to be sent to our Congressional Delegation expressing our support. (Mr. Bishop/Mr. Billings)
- Motion to authorize Change Order No. 5 for the Construction Contract with Tudor, Inc. for an increased amount of $1,028.50 to install duplex receptacle and computer jack at drive thru window and increase the contract by seven REGULAR MEETING JULY 21, 2014
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- (7) days, as recommended by Lyle Bergeron, Architect and the Rapi des Parish Library Board, and authorize the President to sign same. (Mr. Fountaine)
- Motion to authorize Change Order No. 6 for the Construction Contract with Tudor, Inc. for a decrease amount of $402.80 to add address numbers to the building and credit for deleting blinds, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. (Mr. Fountaine)
- Motion to create four (4) additional part -time firefighter/operator positions for Fire Protection District No. 3, as requested by the Alpine Volunteer Fire Department Board of Directors, effective January 2015. (Mr. Moreau)
- Motion to create three (3) additional full time positions for Fire Protection District No. 3, as requ ested by the Alpine Volunteer Fire Department Board of Directors, effective January 2015. (Mr. Moreau)
- Motion to retain the law firm of Corkern, Crews & Guillet, L.L.C. to proceed with efforts to purchase the City of Alexandria’s interest in the Coliseum parking lot and if that effort fails then to take the necessary steps to expropriate the City's ownership interest in the Coliseum parking lot. (Mr. Bishop)
- Motion to accept the Martin Luther King, Jr. Library as substantially complete, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. (Mr. Fountaine)
- Motion to authorize Fire Protection District No. 6 to amend their rental agreements for the use of the Dev ille Training Center located at 1244 Highway 115, Deville for periods of one day or less by members of the public and authorize the President to sign same. (Mr. Smith)
- Motion to authorize President to sign the Memorandum of Understanding (MOU) between the Rapides Parish Police Jury and the Central Louisiana Technical Community College regarding employment placement services and the Treasurer to amend the budget. (The purpose of the MOU is to have REGULAR MEETING JULY 21, 2014
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a temporary employee, an Employment Specialist, to provide employment placement assistance to graduating students. This individual will provide a direct linkage to employers for graduating students thereby decreasing the time period before employment a nd increasing the number of graduates gaining employment.) (Mr. Vanderlick)
- Motion for Workforce Operations Department to hire one full -time temporary staff, an Employment Specialist, to provide placement services for graduating students of CLTCC. Funding for this position will come through the OEWD General Fund Appropriation Account and/or WIA, with one-half of cost being reimbursed to OEWD from the Central Louisiana Technical Community College. (Mr. Vanderlick)
- Motion to award the project management services for the Comprehensive Resiliency Plan to Rapides Area Planning Commission, as recommended by the Comprehensive Resiliency Project Management Services Selection Committee, contingent upon approva l of the State of Louisiana, Office of Community Development. (Mr. Overton)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE OF THE
JURY AND WERE NOT POSTED ON THE AGENDA BUT ARE NOW
ADDED BY UNANIMOUS CONSENT
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
July 21, 2014 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 Monday, July 21, 2014, 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 Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin and Scott Perry, Jr.
Police Juror Richard Billings was absent.
Also present were Mr. Bruce Kelly, Treasurer; Ms. Elaine Morace, WIA Operations Director; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Donna Andries, Sales & Use Tax Administrator; Ms. Linda Sanders, Civil Service Director; Mr. Thomas O. Wells, Legal Counsel and Ms. Laurel Smith, Secretary.
Mr. Joe Bishop, President requested that everyone please keep the families of Mr. Larry Jeanes, Pineville City Marshal, Fire Chief Billy Norris, Lecompte Volunteer Fire Department, and Mr. Sam Branch, retired employee of the Rapides Parish Highway Department that have passed away this week their prayers and thoughts.
The invocation was given by Mr. Dennis Woodward.
The Pledge of Allegiance was led by Mr. Ollie Overton.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. 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.
Mr. Joe Bishop, President, requested the Jury if the two-third vote add-on motions could be voted to add to the agenda, to which the Jurors agreed.
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, that the items that were not considered by the Committee of the Jury but were posted on the agenda after the Committee Meeting and added to the Jury agenda in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by two-thirds vote.
Roll call vote was as follows: YEAS: Joe Bishop, Davron “Bubba” Moreau, Craig Smith, Theodore
Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: Richard Billings On vote the motion carried unanimously.
Mr. Joe Bishop stated there were a lot of people in the audience due to the item on the agenda pertaining to the Rapides Parish Coliseum. He requested the Jury allow the item to discuss the parking lot issues at the Rapides Parish Coliseum between the City of Alexandria and the Rapides Parish Police Jury and the purchasing of the jointly owned property be moved to the front of the agenda, to which no one objected.
On motion by Mr. Scott Perry, seconded by Mr. Craig Smith, to move the item to discuss the parking lot issues at the Rapides Parish Coliseum between the City of Alexandria and the Rapides Parish Police Jury and the purchasing of the jointly owned property, to the front of the agenda. On roll call vote the motion carried.
Mr. Joe Bishop requested Mr. Bill Tudor, Alliance Design, to give an update on the status of the Rapides Parish Coliseum on permitting and going out for bids on the Rapides Parish Coliseum renovations.
Mr. Bill Tudor gave an update on the status of the Coliseum and the jointly owned parking lot between the Rapides Parish Police Jury and the City of Alexandria.
Discussion, questions and answers ensued.
Mr. Harry Silverman, Councilman for the City of Alexandria, asked if the Police Jury would make a formal request to the City, so it can be discussed at the next regularly scheduled meeting, to which Mr. Bishop stated yes.
Mr. Bishop asked if Mayor Jacques Roy with the City of Alexandria was present and questioned Mayor Roy if he had received the motion that the Jury had today, to which he answered, yes.
Discussion, questions and answers ensued.
Mr. Bishop stated there had been several meetings with future athletic prospects to bring to the Rapides Parish Coliseum, such as talking to Northwestern State University, the Harlem Globe Trotters, Louisiana Tech University, Louisiana High School Association, Sweet Sixteen, Top Twenty, Grambling State University, Southern University, Louisiana State University of Alexandria and several other prospects. This promotes restaurant sales, clothing sales, gasoline sales, this is economic development right here for the City of Alexandria and also for Rapides Parish. Mr. Bishop further stated he appreciated everybody coming out in support of the Coliseum and it is great to see that the City of Alexandria and the Rapides Parish Police Jury is going to work together and come up with a solution so we can go out for bids for this Coliseum.
Mr. Joe Bishop asked if there was any public comments or Juror comments.
Mr. Joe Bishop questioned if the Jury would like to send this motion to City of Alexandria.
On motion by Mr. Scott Perry, seconded by Mr. Craig Smith, to add the following motion to the agenda:
Motion to enter into an Intergovernmental Agreement with the City of Alexandria to provide that the Rapides Parish Police Jury shall have the exclusive right to use the jointly owned property located adjacent to the Rapides Parish Coliseum for purposes of a parking lot and activities related to the Rapides Parish Coliseum for as long as the Coliseum is open to the public. In addition to the benefit that Coliseum activity generates for the City of Alexandria and to all citizens of Rapides Parish the Jury grants to the City of Alexandria the exclusive right to use the area fenced in and used for water well and tower purposes along with access to the aforementioned tract of land all which will be set forth more clearly in a survey and formal IGA. Additionally, once the IGA is executed by the City of Alexandria and the Rapides Parish Police Jury, the Jury agrees to amend its ordinances to provide that one of the members of the Rapides Parish Coliseum Authority shall be appointed by the City of Alexandria.
Roll call vote was as follows: YEAS: Joe Bishop, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: Richard Billings On vote the motion carried unanimously.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to enter into an Intergovernmental Agreement with the City of Alexandria to provide that the Rapides Parish Police Jury shall have the exclusive right to use the jointly owned property located adjacent to the Rapides Parish Coliseum for purposes of a parking lot and activities related to the Rapides Parish Coliseum for as long as the Coliseum is open to the public. In addition to the benefit that Coliseum activity generates for the City of Alexandria and to all citizens of Rapides Parish the Jury grants to the City of Alexandria the exclusive right to use the area fenced in and used for water well and tower purposes along with access to the aforementioned tract of land all which will be set forth more clearly in a survey and formal IGA. Additionally, once the IGA is executed by the City of Alexandria and the Rapides Parish Police Jury, the Jury agrees to amend its ordinances to provide that one of the members of the Rapides Parish Coliseum Authority shall be appointed by the City of Alexandria.
Mr. Sean McGlothlin stated he would like to lay over the motion till everyone had the time to look through what the City of Alexandria has provided to the Jury, right before the meeting.
Mr. Bishop stated that the Police Jury needs to at least send something to the Alexandria City Council, cruise through the information that the Mayor and Council sent and then meet in the middle with some kind of an agreement.
Mr. Theodore Fountaine said he had some concerns about providing that one of the members be appointed by the City of Alexandria, simple because this is the Rapides Parish Coliseum.
On vote the motion carried. Mr. Theodore Fountaine and Mr. Sean McGlothlin voted nay.
On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on June 9, 2014 as published in the Official Journal. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, that approved bills be paid. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to recognize Ms. Sarah Catherine Laborde, Legislative Youth Advisory Council and other members, to present Joshua Logan James, student of Buckeye High School, the Statewide Leadership Award, chosen from over 60 applicants, as the Statewide Youth Leader.
Ms. Sarah Catherine Laborde, Legislative Youth Advisory Council, Ms. Haley Bulls, College Advisor for the Legislative Youth Advisory Council, Mr. Craig Smith and Mr. Joe Bishop, presented the Statewide LYA Leadership Award to Mr. Joshua Logan, a senior from Buckeye Highway.
The next item on the agenda was to recognize Travis Dean Becker, Troop 626, Eagle Scout Court of Honor.
Chief David Gunter, Deville Volunteer Fire Department stated that this year, they were honored to partnership with the Boy Scout Troop 626 to help with an Eagle Project for Travis Becker, to install smoke alarms for Senior Citizens and families with small children.
Scout Leader Ms. Gabi Stiltner explained that Travis Becker organized and led Troop 626 in installing smoke detectors in senior citizens homes in the Deville Fire District service area as his Eagle Scout Project. The smoke detectors were provided by a grant from the State Fire Marshal’s office. In doing so, he raised awareness of the importance of fire safety in the community and the recipients were very grateful. He dedicated his Eagle Scout project in memory of his brother, Rapides Parish Fire District #2 Fire Equipment Operator, Dustin Bordelon.
The next item on the agenda was to recognize Mr. Greg Beard, Candidate for District Judge in Rapides Parish.
Mr. Greg Beard requested the support of the Rapides Parish Police Jury in his candidacy for District Judge, Division G, in Rapides Parish.
The next item on the agenda was to recognize Mr. Charles “Greg” Gravel, Candidate for Division G District Court Judge in Rapides Parish.
Mr. Charles “Greg” Gravel requested the support of the Rapides Parish Police Jury in his candidacy for District Judge, Division G, in Rapides Parish.
Mr. Theodore Fountaine recognized Ms. Monique Rauls, candidate for Division A District Court Judge, in Rapides Parish.
Ms. Monique Rauls requested the support of the Rapides Parish Police Jury in her candidacy for District Judge, Division A, in Rapides Parish.
Mr. Theodore Fountaine recognized Ms. Mitzi LaSalle, candidate for Mayor of the City of Alexandria.
Ms. Mitzi LaSalle requested the support of the Rapides Parish Police Jury in her candidacy for Mayor of the City of Alexandria.
Mr. Theodore Fountaine recognized Mr. Jeffrey Hall. Mr. Hall stated he was a former employee of the Rapides Parish Police Jury, now retired from Cleco and would be announcing his political intentions at the Riverfront Center on August 28th.
The following appointments were announced to be made at the next meeting: **Appointment to the Waterworks District #3 Board for a five (5) year term to fill the expired term of Mr. Robert Sibley. Term will expired June 14, 2014. **Appointment to the Rapides Parish Civil Service Board for a three
- (3) year term to fill the expired term of Mr. Michael Shamblin, nominated by Louisiana College. Term expired April 14, 2014. (TOM WELLS SENDING LETTER) **Appointment to the Fire District No. 3 Civil Service Board for a three (3) year term to fill the expired term of Mr. Andrew Hunter. Term expired October 10, 2013. (TOM WELLS SENDING LETTER) **Appointment to the Fire District No. 4 Civil Service Board fo r a three (3) year term to fill the expired term of Mr. Byron McGee. Term expired November 12, 2012. (TOM WELLS SENDING LETTER) **Appointment to the Fire Protection District No. 12 Board to fill the expiring term of Mr. Elvin McCann. Term will expired Au gust 14, 2014. **Appointment to the Kisatchie Delta Regional Planning Board for a three (3) year term to fill the expired term of Mr. Sean McGlothlin. Term expired July 15, 2014. **Appointment to the Mosquito Abatement District No. 1 Board for a three (3) year term to fill the expiring term of Ms. Samantha Young, representing Agricultural Interests. Term will expire August 9, 2014. **Appointment to the Mosquito Abatement District No. 1 Board for a three (3) year term to fill the expiring term of Mr. Joseph Awotwi, representing Program Management. Term will expire August 9, 2014. **Appointment to the Zachary Taylor Parkway Commission for a
two (2) year term to fill the expiring term of Mr. Bob Stevens. (Alternate member) Term will expire August 31, 2014. **Appointment to the Zachary Taylor Parkway Commission for a two (2) year term to fill the expiring term of Mr. Buck Vandersteen. Term will expire August 31, 2014.
On motion by Mr. Ollie Overton , seconded by Mr. Sean McGlothlin , the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
Lot Seven (7) of Square One (1), KPDR Heights Subdivision, Rapides Parish, Louisiana, as per plat thereof recorded at P lat Book 7, Page 213, records of Rapides Parish, Louisiana.
TO DEANA HOVNATANIAN
FOR THE
CONSIDERATION OF $640.58 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot Seven (7) of Square One (1), KPDR Heights Subdivision, Rapides Parish, Louisiana, as per plat thereof recorded at Plat Book 7, Page 213, 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 ha s been received from DEANA HOVNATANIAN to purchase said property for the consideration of $640.58 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) o f 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 DEANA HOVNATANIAN, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. Lot Seven (7) of Square One (1), KPDR Heights Subdivision, Rapides
Parish, Louisiana, as per plat thereof recorded at Plat Book 7, Page 213, 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 th e 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 i dentified 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 provi ded 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 in tends 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 certi ficate (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 s hall 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 affe ct 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 mine ral 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 regardle ss 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 shal l 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 acqu iring 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 subje ct. 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, a nd 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 encumbranc es 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 t he 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 c ancellation, termination,
release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 21st day of July, 2014.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following ordinance 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 situated, being, lying and situated in the Parish of Rapi des, State of Louisiana, and more particularly described as follows, to-wit:
Lot Ten (10) of Square Four (4) of Homewood Place, Continued, as per plat thereof recorded in Plat Book 5, page 162, of the records of Rapides Parish, Louisiana.
Alexandria, LA
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 tract of land together with all buildings and improvements thereon situated, being, lying and situated in the Parish of Rapides, State of Louisiana, and more particularly described as follows, to-wit:
Lot Ten (10) of Square Four (4) of Homewood Place, Continued, as per plat thereof recorded in Plat Book 5, page 162, of the records of Rapides Parish, Louisiana.
Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ANGELO D’ANGELO, 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 ANGELO D’ANGELO, for the offered
consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land together with all buildings and improvements thereon situated, being, lying a nd situated in the Parish of Rapides, State of Louisiana, and more particularly described as follows, to-wit:
Lot Ten (10) of Square Four (4) of Homewood Place, Continued, as per plat thereof recorded in Plat Book 5, page 162, of the records of Rapides Parish, Louisiana.
Alexandria, LA
Rapides Parish, Louisiana, should be re -entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of 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 f or 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 p arty 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 c ancel, 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 ag ainst 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 s elf-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 s ale 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 als o 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, mortg ages, 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, a ll those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the
property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contain s 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 21st day of July, 2014.
On motion by Mr. Bubba Moreau, secon ded by Mr. Ollie Overton, the following ordinance 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 buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being a part of Lots Nine (9) and Ten (10) of the Leland College Subdivision situated in Sections Three (3), Fifty -four (54), and Fifty-nine (59), Township Four (4) North, Range One (1) West, Rapides Parish, Louisiana, as per plat recorded in Plat Book 5, page 164, Records of Rapides Parish, Louisiana, said property being more particularly described as follows:
Commence at the northeast corner of Lot Ten (10) on the line dividing Lots Ten (10) and Eleven (11) of the Leland College Subdivision; thence proceed in a southeasterly direction along said dividing line a distance of 190 feet to a point of beginning; from the point proceed 60 feet in a southeasterly direction along said dividing line to a p oint establishing a frontage of 60 feet for the property herein conveyed; from the two points thus established proceed along parallel lines in a southwesterly direction a distance of 121 feet, establishing two points; thence proceed in a straight line conn ecting said points establishing a rear of 60 feet; said property having a front of 60 feet and running back between parallel lines a distance of 121 feet and being a portion of Lots Nine (9) and Ten (10) of said subdivision.
Municipal Address of the Property: 3620 Rachal Alley Alexandria, LA. (a.k.a. “Henry Street”)
TO Curley Holden, Jr.
FOR THE
CONSIDERATION OF $1,146.85 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 buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being a part of Lots Nine (9) and Ten (10) of the Leland College Subdivision situated in Sections Thre e (3), Fifty -four (54), and Fifty-nine (59), Township Four (4) North, Range One (1) West, Rapides Parish, Louisiana, as per plat recorded in Plat Book 5, page 164, Records of Rapides Parish, Louisiana, said property being more particularly described as follows:
Commence at the northeast corner of Lot Ten (10) on the line dividing Lots Ten (10) and Eleven (11) of the Leland College Subdivision; thence proceed in a southeasterly direction along said dividing line a distance of 190 feet to a point of beginni ng; from the point proceed 60 feet in a southeasterly direction along said dividing line to a point establishing a frontage of 60 feet for the property herein conveyed; from the two points thus established proceed along parallel lines in a southwesterly di rection a distance of 121 feet, establishing two points; thence proceed in a straight line connecting said points establishing a rear of 60 feet; said property having a front of 60 feet and running back between parallel lines a distance of 121 feet and being a portion of Lots Nine (9) and Ten (10) of said subdivision.
Municipal Address of the Property: 3620 Rachal Alley Alexandria, LA. (a.k.a. “Henry Street”)
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 Curley Holden, to purchase said property for the consideration of $1,146.85 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 Curley Holden, 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 buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being a part of Lots Nine (9) and Ten (10) of the Leland College Subdivision situated in Sections Three (3), Fifty -four (54), and Fifty -nine (59), Township Four (4) North, Range One (1) West, Rapides Parish, Louisiana, as per plat recorded in Plat Book 5, page 164, Recor ds of Rapides Parish, Louisiana, said property being more particularly described as follows:
Commence at the northeast corner of Lot Ten (10) on the line dividing Lots
Ten (10) and Eleven (11) of the Leland College Subdivision; thence proceed in a southeasterly direction along said dividing line a distance of 190 feet to a point of beginning; from the point proceed 60 feet in a southeasterly direction along said dividing line to a point establishing a frontage of 60 feet for the property herein conveyed; from the two points thus established proceed along parallel lines in a southwesterly direction a distance of 121 feet, establishing two points; thence proceed in a straight line connecting said points establishing a rear of 60 feet; said property having a front of 60 feet and running back between parallel lines a distance of 121 feet and being a portion of Lots Nine (9) and Ten (10) of said subdivision.
Municipal Address of the Property: 3620 Rachal Alley Alexandria, LA. (a.k.a. “Henry Street”)
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 name s 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 succe ssful 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 notic e 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 affe ct 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 mine ral 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 regardle ss 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 sha ll 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 acq uiring 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 subj ect. 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 govern mental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conv eyances 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 21st day of Ju ly, 2014.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following ordinance 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 buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being a part of Lots Nine (9) and Ten (10) of the Leland College Subdivision situated in Sections Thre e (3), Fifty -four (54), and Fifty-nine (59), Township Four (4) North, Range One (1) West, Rapides Parish, Louisiana, as per plat recorded in Plat Book 5, page 164 of the records of Rapides Parish, Louisiana, said property being more particularly described as follows, to-wit:
Commence at the Northeast corner of Lot Ten (10) on the line dividing Lots Ten (10) and Eleven (11) of the said Leland College Subdivision; thence proceed in a Southeasterly direction along said dividing line a distance of Two Hundre d (250’) feet to the point of beginning; from the point of beginning thus established continue a distance of Sixty (60’) more or less feet in a Southeasterly direction along said dividing line to a point thus establishing a frontage of Sixty
- (60) more or l ess feet for the property herein conveyed; from the two points thus established then proceed back perpendicular to front along parallel lines in a Southwesterly direction a distance of One Hundred Twenty-One (121’) feet establishing two (2) points; thence proceed in a straight line connecting said points establishing a rear of Sixty (60’) feet. Said property having a front of Sixty (60’) feet more or less and running back between parallel lines a distance of One Hundred Twenty-one (121’) feet and being a p ortion of Lots Nine (9) and Ten
- (10) of said Subdivision.
Municipal Address of the Property: 3624 Rachal Alley Alexandria, LA. (a.k.a. “Henry Street”)
TO Curley Holden, Jr.
FOR THE
CONSIDERATION OF $1,833.33 CASH
WHEREAS, the City of Alexandr ia 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 buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being a part of Lots Nine (9) and Ten
- (10) of the Leland College Subdivision situated in Sections Three (3), Fifty-four (54), and Fifty -nine (59), Township Four (4) North, Range One (1) West, Rapides Parish, Louisiana, as per plat recorded in Plat Book 5, page 164 of the records of Rapides Parish, Louisiana, said property being more particularly described as follows, to-wit:
Commence at the Northeast corner of Lot Ten (10) on the line dividing Lots Ten (10) and Eleven (11) of the said Leland College Subdivision; thence proceed in a Southeasterly direction along said dividing line a distance of Two Hundred (250’) feet to the point of beginning; from the point of beginning thus established continue a distance of Sixty (60’) more or less feet in a Southeasterly direction along said dividing line to a point thus establishing a frontage of Sixty
- (60) more or less feet for the property herein conveyed; from the two points thus established then proceed back perpendicular to front along parallel lines in a Southwesterly direction a distance of One Hundred Twenty-One (121’) feet establishing two (2) points; thence proceed in a straight line connecting said points establishing a rear of Sixty (60’) feet. Said property having a front of Sixty (60’) feet more or less and running back between parallel lines a distance of One Hundred Twenty-one (121’) feet and being a portion of Lots Nine (9) and Ten
- (10) of said Subdivision.
Municipal Address of the Property: 3624 Rachal Alley Alexandria, LA. (a.k.a. “Henry Street”)
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 Curley Holden, Jr., to purchase said property for the consideration of $1,833.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two -thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above -mentioned property to Curley Holden, 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 buildings and improvemen ts thereon, and all rights, ways and privileges thereto appertaining, being a part of Lots Nine (9) and Ten (10) of the Leland College
Subdivision situated in Sections Three (3), Fifty -four (54), and Fifty -nine (59), Township Four (4) North, Range One (1) West, Rapides Parish, Louisiana, as per plat recorded in Plat Book 5, page 164 of the records of Rapides Parish, Louisiana, said property being more particularly described as follows, to-wit:
Commence at the Northeast corner of Lot Ten (10) on the line d ividing Lots Ten (10) and Eleven (11) of the said Leland College Subdivision; thence proceed in a Southeasterly direction along said dividing line a distance of Two Hundred (250’) feet to the point of beginning; from the point of beginning thus established continue a distance of Sixty (60’) more or less feet in a Southeasterly direction along said dividing line to a point thus establishing a frontage of Sixty (60) more or less feet for the property herein conveyed; from the two points thus established then proceed back perpendicular to front along parallel lines in a Southwesterly direction a distance of One Hundred Twenty -One (121’) feet establishing two (2) points; thence proceed in a straight line connecting said points establishing a rear of Sixty (60’) feet. Said property having a front of Sixty (60’) feet more or less and running back between parallel lines a distance of One Hundred Twenty -one (121’) feet and being a portion of Lots Nine (9) and Ten (10) of said Subdivision.
Municipal Address of the Property: 3624 Rachal Alley Alexandria, LA. (a.k.a. “Henry Street”)
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 t he 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 request ing 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 Alex andria 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 b e 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 w arranty 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 cont ained 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 intere st 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 recor d 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, an d 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, te rminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance i f 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 no t 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 21st day of July, 2014.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following ordinance 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 buil dings and improvements thereon situated, together with all rights, ways, privileges, servitude and advantages, hereunto belonging in any manner appertaining, and being:
Lot Three (5) of Block “D” of the Crawford Subdivision to the City of Alexandria, all as is more fully shown by Plat thereof recorded at Plat 5, Page 116, of the records of Rapides Parish, Louisiana.
married to and living in community with Lyndell Augustine
FOR THE
CONSIDERATION OF $2,105.43 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of land , together with all buildings and improvements thereon situated, together with all rights, ways, privileges, servitude and advantages, hereunto belonging in any manner appertaining, and being:
Lot Five (5) of Block “D” of the Crawford Subdivision to the C ity of Alexandria, all as is more fully shown by Plat thereof recorded at Plat 5, Page 116, 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 MACHLLIE AUGUSTINE, married to and living in community with Lyndell Augustine, to purchase said property for the consideration of $2,1 05.43 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 w ould 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 situated, together with all rights, ways, privileges, servitude and advantages, hereunto belonging in any manner appertaining, and being:
Lot Five (5) of Block “D” of the Crawford Subdivision to the City of Alexandria, all as is more fully shown by Plat thereof recorded at Plat 5, Page 116, 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 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 elaps ed 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 f ive 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 incurr ed 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, g as 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 per son’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 unambigu ous, 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 sal e 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 c ancellation, 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, an d any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the re corder 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 cancel lation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 21st day of July, 2014.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain parcel of ground, situated in the City of Alexandria, Rapides Parish, Louisiana, and being a part of Lots 7 and 8 of Square 36 of the South Alexandria Land Company, Ltd’s Addition to said City of Alexandria, and more particularly described as follows:
Begin on the property line of Lot 8 of Square 36 of said Addition, at the intersection of Huffman and Wise Streets; thence run along the
of Houston Street, a distance of 100 feet to establish the point of beginning; from the point of beginning thus established continue on Houston Street a distance of 10 feet to establish the front line of this property; from both ends of the front line thus established run back between parallel lines 100 feet or to Lot 6 of Square 36 in the rear; being further described as bounded in front by Huffman Street, on one side by the property sold to Tillman V. May and on the other side by property owned by Bessie Eglin.
Alexandria, LA
Through its authorized agent, Roy Sanders
FOR THE
CONSIDERATION OF $333.33 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain parcel of ground, situated in the City of Alexandria, Rapides Parish, Louisiana, and being a part of Lots 7 and 8 of Square 36 of the South Alexandria Land Company, Ltd’s Addition to said City of Alexandria, and more particularly described as follows:
Begin on the property line of Lot 8 of Square 36 o f said Addition, at the intersection of Huffman and Wise Streets; thence run along the of Houston Street, a distance of 100 feet to establish the point of beginning; from the point of b eginning thus established continue on Houston Street a distance of 10 feet to establish the front line of this property; from both ends of the front line thus established run back between parallel lines 100 feet or to Lot 6 of Square 36 in the rear; being further described as bounded in front by Huffman Street, on one side by the property sold to Tillman V. May and on the other side by property owned by Bessie Eglin.
Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from the Antioch Missionary Baptist Church, through its authorized agent, Roy Sanders, to purchase said property for the consideration of $333.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above -mentioned property to the Antioch Missionary Baptist Church, through its authorized agent, Roy Sanders, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain parcel of ground, situated in the City of Alexandria, Rapides Parish, Louisiana, and being a part of Lots 7 and 8 of Square 36 of the South Alexandria Land Company, Ltd’s Addition to said City of Alexandria, and more particularly described as follows:
Begin on the property line of Lot 8 of Square 36 of said Addition, at the intersection of Huf fman and Wise Streets; thence run along the of Houston Street, a distance of 100 feet to establish the point of beginning; from the point of beginning thus established continue on Houston Street a distance of 10 feet to establish the front line of this property; from both ends of the front line thus established run back between parallel lines 100 feet or to Lot 6 of Sq uare 36 in the rear; being further described as bounded in front by Huffman Street, on one side by the property sold to Tillman V. May and on the other side by property owned by Bessie Eglin.
Alexandria, LA
Rapides Parish, Louisiana, should be re -entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of 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 servi ce 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 ye ars 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 no t 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 othe r 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 war ranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and re gardless 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 donati on 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 wi th 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 pers on, 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 affidavi t 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 donat ion, 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, lie ns, 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 affida vit 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 d amages 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 21st day of July, 2014.
On m otion by Mr. Bubba Mor eau, seconded by Mr. Ollie Overton, the following ordinance 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 buildings and improvements thereon, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Thirty -eight (38) of Square Two (2) of the Solomon Leonard Addition to the City of Ale xandria, as per plat of said Addition in the Plat Book Records of Rapides Parish, Louisiana, said Lot fronting forty (40) feet on Solomon Street and running back therefrom 79.00 feet.
Alexandria, LA
Married To John Scott But Purchasing With Her Separate Funds
FOR THE
CONSIDERATION OF $1,200.00 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 buildings and improvements thereon, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Thirty -eight (38) of Square Two (2) of the Solomon Leonard Addition to the City of Alexandria, as per plat of said Addition in the Plat Book Records of Rapides Parish, Louisiana, said Lot fronting forty (40) feet on Solomon Street and running back therefrom 79.00 feet.
Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from MARCIA SCOTT, married to John Scott, but purchasing with her separate funds to purchase said property for the consideration of $1,200.00 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 MACIA SCOTT, married to John Scott but purchasing with her separate funds, 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 buildings and improvements thereon, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Thirty-eight (38) of Square Two (2) of the Solomon Leonard Addition to the City of Alexandria, as per plat of said Addition in the Plat Book Records of Rapides Parish, Louisiana, said Lot fronting forty (40) fe et on Solomon Street and running back therefrom 79.00 feet.
Alexandria, LA
Rapides Parish, Louisiana, should be re -entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice
as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search eng ines, 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 f or 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 p arty 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 da ys 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 prope rty 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 subdivis ion 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 red uction 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 wh ich 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 success ors, 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 mortgage s 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, rele ased 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 21st day of July, 2014.
On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to adopt a Notice of Intent of Sale through the Abandoned/Adjudicated Property Procedures the following property:
Tax Debtor Property Description HDM, LLC Lot Eighteen (18), Block Four (4) of Homewood Place Subdivision Bearing the Municipal address of:
Heidi Q. Bordelon, et al Lot Two (2), Square Two (2) of Sunset Addition Bearing the Municipal address of:
HDM, LLC Lot Seventeen (17), Block Four (4), Homewood Place Subdivision Bearing the Municipal address of:
Mississippi Land Co. Lot One (1), Square Three (3) of Sunset Addition Bearing the Municipal address of:
Minor Holmes, et al Being Lot Seven (7) of Square Six (6) of Homes Acres Subdivision Bearing the municipal address of: 3329 Lillie Grimble, Alexandria
Minor Holmes, et al Being Lot Six (6) of Square Six (6) of Home Acres Subdivision Bearing the municipal address of: 3403 Lillie Grimble, Alexandria
Timothy Herzberg Lot containing 4.95 acres being in Section 1, T4N, R3E Bearing the municipal address of: On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to delete from the Rapides Parish District Attorney’s Office the Asset/Inventory Program the following equipment as it is broken beyond repair: Asset Number Description Disposal 7444 Work Center w/Penninsula Scrap On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton to authorize the Engineer, Meyer, Meyer, LaCroix & Hixson, to advertise and receive bids for a New Fire Station for Rapides Parish Fire District No. 15, Taylor Hill. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to authorize Change Order No. 3 for the Construction Contract with Tudor, Inc. for an increased amount of $2,393.00 to add additional pipe sleeves for future irrigation and increase the contract by twelve (12) days, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, to delete from the Rapides Parish Fire District #5 Asset/Inventory Program the following equipment as it was sold at auction mounted to a vehicle. ASSET DESCRIPTION DISPOSAL 9138 Winch-Warn 9000 lb sold On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Sean McGlothlin, to grant the 2% annual longevity pay increase mandated by the State for Rapides Parish Fire District No. 2 employees, effective August 1, 2014, as recommended by Fire Chief Randy McCain, to be paid out of Fire Protection District No. 2 funds. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to authorize to advertise for bids for the “Airport Signs and NAVAIDs” project, Esler Airport, which is 100% funded by FAA and DOTD funds, as recommended by Pan American Engineers, Project Engineer. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize the expenses of the Public Works Director to attend the National Association of County Engineers North Central Regional Conference and NACE Board Meeting to be held on October 21-23, 2014 in Rapid City, SD. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize Change Order No. 4 for the Construction Contract with Tudor, Inc., for an increased amount of $19,028.00 to change asphalt paving to 5” 3800 psi concrete reinforced with 6X6 #6/6 wwm with key ways, saw cut, and/or expansion joints @15 ft. each way and add extra stone and sand to meet grades and to increase the contract time by twenty-one (21) days, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to delete from the Rapides Parish Fire District # 7 Asset/Inventory Program the following equipment for various reasons as shown: Asset DESCRIPTION DISPOSAL 6154 Pump Sold to FD#6 mounted on Asset #5939 6178 SCBA – Air Pack To be auctioned 6179 SCBA – Air Pack To be auctioned 6181 SCBA – Air Pack To be auctioned 6182 SCBA – Air Pack To be auctioned 6183 SCBA – Air Pack To be auctioned 6184 SCBA – Air Pack To be auctioned 7133 SCBA – Air Pack To be auctioned 7134 SCBA – Air Pack To be auctioned 7135 SCBA – Air Pack To be auctioned 7136 SCBA – Air Pack To be auctioned 7709 SCBA – Air Pack To be auctioned 7710 SCBA – Air Pack To be auctioned
On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to add up to four (4) additional inmate laborers to the Rapides Parish Highway Department road crews, pending Legal Counsel and Sheriff approval. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, for the Rapides Parish Police Jury to retain the services of an appraiser for the jointly owned property, owned by the City of Alexandria and the Rapides Parish Police Jury on Highway 28 West (Coliseum Project) in Alexandria, and authorize the President to send letter of intent to the City of Alexandria. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to approve Change Order No. 1 with Diamond B Construction, LLC for Bid No. 2359, Various Road Improvements in Rapides Parish to remove the Allie Paul Road, Bobby Maricle Road, Bobby Odom Road, Clayton Cloud Road, Davide Willis Road, Dude West Road, Freddie Willis Road, Herbert Ashworth Road, Wilda Stanley Road, Memphis Willis, Dan Willis and William Odom Road all in (Ward 6, District H) for a decreased amount of $176,584.77, as recommended by the Public Works Director.
Amended motion by Mr. Sean McGlothlin, seconded by Mr. Bubba Moreau, to remove Memphis Willis and Dan Willis from Change Order No. 1 with Diamond B Construction, LLC for Bid No. 2359, Various Road Improvements. On vote the amended motion carried.
On motion Mr. Craig Smith, seconded by Mr. Bubba Moreau, to accept settlement offer from the Louisiana Office of Forestry in the amount of $2,207.12 for damage to the Jenkins Road (Ward 4, District H) and authorize the President to sign all the necessary paperwork, as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to abandon a portion of the right-of-way of Jane Ann Street, that is no longer needed for a public purpose located on the Hixson Brothers Funeral Home property in Ward 10, District B, accept a new right-of-way that follows the existing road, and authorize the President to sign all the necessary documents, as recommended by the Public Works Director, subject to the approval of the Rapides Area Planning Commission and Legal Counsel. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Craig Smith, the following ordinance was presented:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 20-
7(b)(2)(a) HARDSHIP CASES SO AS TO REVISE THE RULES FOR ASSISTANCE TO BE RENDERED
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 21st day of July, 2014, that Section 20-7(b)(2)(a) is hereby amended and reenacted to read as follows:
CHAPTER 20 Roads and Drainage Article I-In General Section 20-7 Hardship Cases
(b)Administration. These funds shall be administered under the following rules: … (2)Assistance to be rendered:
- a. The assistance to be rendered under this policy is limited to the grading, graveling, ditching, installation and repair of drainage structures, and maintaining of a road not to exceed one-quarter mile in length and not to exceed twelve (12) feet travel surface in width and not to exceed forty (40) feet of culvert and/or one hundred fifty (150) feet of bridge decking and/or one hundred fifty (150) cubic yards of pit run and/or fifteen (15) cubic yards of washed gravel or limestone, not to be spread unless approved by the Public Works Director and parish manager
…
BE IT FURTHER ORDAINED in all other respects, Section 20-7 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, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: Richard Billings And the ordinance was adopted on this 21st day of July, 2014.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, the following ordinance was presented to prohibit through truck traffic on Donahue Ferry Road, Districts A, B and C, and authorize the Parish Highway Department to erect signs and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 18-4.4
THROUGH TRUCK TRAFFIC SO AS TO PROHIBIT THROUGH
TRUCKTRAFFIC ON DONAHUE FERRY ROAD, DISTRICTS A,
B AND C.
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 21st day of July, 2014, that Section 18 -4.4 of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include the following restriction on Donahue Ferry Road, Districts A, B and C as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.4. Through truck traffic.
Through truck traffic is prohibited on the following streets and public ways:
Donahue Ferry Road, Districts A, B and C
Penalty. Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.
BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.
BE IT FURTHER ORDAINED in all other respects Section 18 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 21st day of July, 2014.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to appoint Mr. Terry Martin to the Fire District #4 Civil Service Board, nominated by Louisiana College, for a three (3) year term effective July 21, 2014. (Mr. Byron McGee’s term expired November 12, 2012.) Mr. Martin’s term will expire November 12, 2015. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, to create a position for Workforce Enforcement Coordinator to be funded out of WIA funds to be filled immediately. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to consider and take action with respect to announcing that the Police Jury of Rapides Parish, Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the renewal of a special tax to be held within the Buckeye Recreation District at its meeting on Monday, September 8, 2014 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to consider and take action with respect to announcing that the Police Jury of Rapides Parish, Louisiana, plans to consider adopting a resolution ordering and calling an election to authorize the rededication and levy of a special tax to be held within
Service Area No. 1 of Fire Protection District No. 11 at its meeting on Monday, September 8, 2014 at 3:00 p.m. at the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana. On vote the motion carried.
The following resolution was offered by Mr. Ollie Overton, and seconded by Mr. Craig Smith:
RESOLUTION
A resolution ordering and calling a special election to be held in Fire Protection Sales Tax District No. 17 of the Parish of Rapides, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection Sales Tax District No. 17 of the Parish of Rapides, State of Louisiana (the "District"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5, Chapter 6 -A and Chap ter 6 -B of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the District on SATURDAY, DECEMBER 6, 2014, between the hours of six o'clock (6:00) a.m. and eight o'clo ck (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Const itution of the United States, the following proposition, to-wit:
FIRE PROTECTION SALES TAX DISTRICT NO. 17 (FOREST HILL) (SALES TAX)
Shall Fire Protection Sales Tax District No. 17 of the Parish of Rapides, State of Louisiana (the "District"), under the provisions of Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to levy and collect a tax of one percent (1%) (the "Tax") upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the District (an estimated $94,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), all as defined by law, in perpetuity, beginning April 1, 2015, with the proceeds of the Tax (after paying costs of collecting and administering the Tax), to be dedicated and used for the purpose of acquiring, constructing, maintaining and operating fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection and medical services in the District and further, shall the District be authorized to fund proceeds of the Tax into bonds?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the Alexandria Daily Town Talk, a newspaper of general circulation within the District, published in Alexandria, Louis iana, and being the official journal of the District, once a week for four consecutive weeks, with the first publication to be made not less than forty -five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Rapides Pari sh Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, JANUARY 12, 2015, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners -in-Charge and Commissioners, res pectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners -in-Charge and Commissioners pursuant to Section 4 hereof, or such subst itutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, Jan uary 12, 2015, as provided in Section 3 hereof. All registered voters in the District will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election.
SECTION 7. Furnishing Election Call to Election O fficials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the speci al election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to levy and collect the sales and use tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond
Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
SECTION 9. Additional Notice Requirement. This Governing Authority made the announcement with respect to this reso lution required by La. R.S. 42:19.1, at its public meeting on Monday, June 9, 2014 and published said announcement in the Official Journal on Wednesday, June 11, 2014.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Joe Bishop, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: Richard Billings And the resolution was declared adopted on this, the 21st day of July, 2014.
/s/ Laurel Smith /s/ Joe Bishop Secretary President
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
FIRE PROTECTION SALES TAX DISTRICT NO. 17 (FOREST HILL) (SALES TAX)
Shall Fire Protection Sales Tax District No. 17 of the Parish of Rapides, State of Louisiana (the "District"), under the provisions of Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to levy and collect a tax of one percent (1%) (the "Tax") upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the District (an estimated $94,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), all as defined by law, in perpetuity, beginning April 1, 2015, with the proceeds of the Tax (after paying costs of collecting and administering the Tax), to be dedicated and used for the purpose of acquiring, constructing, maintaining and operating fire protection and emergency medical service facilities, vehicles and equipment, including both
movable and immovable property, that are to be used to provide fire protection and medical servic es in the District and further, shall the District be authorized to fund proceeds of the Tax into bonds?
The said special election will be held at the following polling places situated within the District, which polls will open at six o'clock (6:00) a.m. , and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to - wit:
POLLING PLACES
Precinct Location S21 (IN PART) Miller’s Stop & Shop, 3474 Hwy. 112 (Midway Comm), Forest Hill
The polling places set forth above are hereby designated as the polli ng places at which to hold the said election, and the Commissioners -in-Charge and Commissioners, respectively, shall be those persons designated according to law.
The said special elect ion will be held in accordance with the applicable provisions of Chapter 5, Chapter 6 -A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER G IVEN that the Governing Authority will meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, JANUARY 12, 2015, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the District are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 21st day of July, 2014.
ATTEST: /s/ Joe Bishop President
/s/ Laurel Smith Secretary
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned Secretary of the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), the governing authority of Fire Protection Sales Tax District No. 17 of the Parish of Rapides, State of Louisiana (the "District"), do hereby certify that the foregoing pages constitute a true and correct copy of the proceedings taken by the Governing Authority on July 21, 2014, ordering and calling a special election to be held in Fire Protection Sales Tax
District No. 17 of the Parish of Rapides, State of Louisiana, to authorize the levy of a sales and use ta x therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature of the Police Jury at Alexandria, Louisiana, on this, the 21st day of July, 2014.
Secretary
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize participation in the Emergency Management Performance Grant (EMPG 2014) Grant # EMW-2014-EP-00035-S01, to be administered by the Rapides Parish Homeland Security and Emergency Preparedness Office, and to authorize the OHSEP Director to sign related documents. On vote the motion carried.
On motion Mr. Ollie Overton, seconded by Mr. Craig Smith, to authorize submitting a grant application to Volunteer Fire Assistance Program through the Louisiana Department of Agriculture & Forestry, Office of Forestry, requesting matching funds of $2,490.00, for a fire hose and portable radio, as requested by the Ruby-Kolin Volunteer Fire Department Board of Directors and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to amend the engineering agreement with Meyer, Meyer, LaCroix and Hixson Engineers for Phase 2 (Amendment #1) of the Bayou Boeuf Diversion Canal Improvement Project (OCD- DRU No. 40DRLG7001, as recommended by Frye Magee, Project Administrator and ratify authorization for the President to sign all necessary documents. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to adopt a resolution to award the construction contract for the Red River Levee Recertification South Bank Red River Project, Gustav/Ike Recovery State Project No. 40PARA3303, to the low bidder Cecil D. Gassiott, LLC, for an amount of $3,348,008.50 as recommended by Meyer, Meyer, LaCroix and Hixson, Project Engineer and authorize President to sign. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following resolution was presented:
At a regular meeting of the Rapides Parish Police Jury held on Monday, July 21, 2014, at which meeting a quorum was present, due notice of same having been made according to law, the following resolution was adopted:
RESOLUTION
WHEREAS, the Rapides Parish Police Jury intends to construct the Red River Levee Recertification South Bank Red River project; and;
WHEREAS, bids have been received for the Red River Levee Recertification South Bank Red River project and have been previously received and read aloud;
WHEREAS, the Rapides Parish Police Jury has received a conditional recommendation from the 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 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 from the State of Louisiana, Office of Community Development Disaster Recovery (DRU): Cecil D. Gassiott, L.L.C. in the amount of $3,348,008.50
AND, that the President is hereby authorized to sign all contract documents required.
This Resolution being submitted to a vote, the vote thereon was a follows:
YEAS: Joe Bishop, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Scott Perry, Jr. NAYS: ABSENT AND NOT VOTING: Richard Billings
And the Resolution is declared adopted on this 21st day of July, 2014.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to allow Rylee Contracting the sole bidder to withdraw their bid dated June 19, 2014 in the amount of $98,825.01 (engineers estimate $350,500) for the Rapides Parish Gustav/Ike CDBG Disaster Recovery Program City of Pineville Wastewater Treatment Plant, Secondary Sewer Outfall Plugging and Sealing and Sewage Pump Station Abandonment (Location No. 2), State Project No. 40PARA3303 construction project; as per Rylee Contracting’s written request dated June 20, 2014; this written request is in compliance with R.S. 38:2214c; based upon Rylee Contracting, stating an error was made in assembling his bid in that costs associated with shoring, dewatering and control of water flow from the Red River in the 16-inch sewer main were omitted when calculating the cost of Pay Item Nos. 4 and 5; and authorize to re-advertise Bid No. 2304. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide labor and equipment to perform twenty-four (24) hours of hand cleaning various public drainage ditches, as requested by the Town of Woodworth, to be paid out of towns portion of Road District 2C funds and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide labor and equipment to perform forty (40) hours of cleaning various public drainage ditches within the town limits, as requested by the Town of Woodworth, to be paid out of towns portion of Road District 2C funds and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to enter into a three year Lease Agreement with the LSU Board of Supervisors to provide a morgue in Pineville, Louisiana at a rate of $3,000 a year plus maintenance and utilities, to be paid out of General Funds and ratify authorization for the President to sign same. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Craig Smith, to sponsor an application to the Louisiana Department of Transportation and Development for the placement of Share the Road signs on State Highways in Rapides Parish and to allow the placement of Share the Road signs on certain roads maintained by the Rapides Parish Police Jury, as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Rapides Parish Sheriff’s Department, for the Rapides Parish Highway Department to clean ditches at the Pea Farm to improve crop production and lower the cost of feeding inmates to the benefit of Rapides Parish as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to enter into an Intergovernmental Agreement with the Rapides Parish School Board and the Town of Ball, to widen and extend Laura Avenue near Paradise Elementary to address traffic congestion, approval contingent upon receipt of and approval of estimates for land acquisition and relocation of utilities on Laura Avenue, not to exceed $60,000, to be paid out of Ward 10 reseal funds and subject to Legal Counsel approval. 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 May, 2014:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 451 80% 86.25% Pineville - 8 minute 134 80% 82.09% Rapides - 12 minute 154 80% 89.61% Rapides - 20 minute 193 80% 80.83 On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Bubba Mor eau, to declare the following structure to be in violation of Flood Damage Prevention, Section 10-1/2.17 of the Rapides Parish Code of Ordinances, which is a violation of Flood Damage Prevention which is intended to discourage or otherwise restrict land development or occupancy in flood prone areas and the Rapides Parish Police Jury requests FEMA deny the availability of flood insurance coverage to this structure pursuant to the provisions of Section 1316 of the National Flood Insurance Act of 1968, as amen ded, subject to approval of Legal Counsel: 17 Cherri Street, Alexandria; residence in Zone A1. Lowest floor not constructed per elevation certificate or elevation stakes set by surveyor, base flood elevation 71’ and lowest floor elevation 69.5’. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to authorize the expenses of interested Police Jurors , Legal Counsel and designated employees to attend the Organization of Parish Administrative Officials Annual Conference in Shreveport, Louisiana on August 6 -8, 201 4. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to grant the 2% annual longevity pay increase mandated by the State for eligible Rapides Parish Fire Protection District No. 7 employees, effective August 7, 2014, to be paid out of Fire Protection District No. 7 Funds. On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to authorize the Rapides Parish Fire District #7 to create a Captain’s position, under the Civil Service Board, and for a provisional appointment to Mr. Jason Cannon , until testing, with a 25% pay increase , effective July 7, 2014, as recommended by the Ruby-Kolin Volunteer Fire Department. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to adopt a resolution to protect and support our heritage, culture and traditions of hunting deer and other game with dogs in Rapides Parish, copy of this resolution to be sent to our Congressional Delegation expressing our support. On vote the motion carried.
On m otion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, to authorize Change Order No. 5 for the Construction C ontract with Tudor, Inc. for an increased amount of $1,028.50 to install duplex receptacle and computer jack at drive thru window and increase the contract by seven (7) days, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to authorize Change Order No. 6 for the Construction Contract w ith Tudor, Inc. for a decrease amount of $402.80 to add address numbers to the building and credit for deleting blinds, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to create four (4) additional part -time firefighter/operator positions for Fire Protection District No. 3, as requested by the Alpine Volunteer Fire Department Board of Directors, effective January 2015. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to create three (3) additional full time positions for Fire Protection District No. 3, as requested by the Alpine Volunteer Fire Department Board of Directors, effective January 2015. On vote the motion carried.
On motion by Mr. Theodore Fountaine, seconded by Mr. Ollie Overton, to accept the Martin Luther King, Jr. Library as substantially complete, as recommended by Lyle Bergeron, Architect and the Rapides Parish Library Board, and authorize the President to sign same. On vote the motion carried.
On m otion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to
authorize Fire Protection District No. 6 to amend their rental agreements for the use of the Deville Training Center located at 1244 Highway 115, Deville for periods of one day or less by members of the public and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith to authorize President to sign the Memorandum of Understanding (MOU) between the Rapides Parish Police Jury and the Central Louisiana Technical Community College regarding employment placement services and the Treasurer to amend the budget. (The purpose of the MOU is to have a temporary employee, an Employment Specialist, to provide employment placement assistance to graduating students. This individual will provide a direct linkage to employers for graduating students thereby decreasing the time period before employment and increasing the number of graduates gaining employment.) On vote the motion carried.
On motion by Mr. Richard Vander lick, seconded by Mr. Sean McGlothlin, for Workforce Operations Department to hire one full -time temporary staff, an Employment Specialist, to provide placement services for graduating students of CLTCC. Funding for this position will come through the OEW D General Fund Appropriation Account and/or WIA, with one -half of cost being reimbursed to OEWD from the Central Louisiana Technical Community College. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to award the project management services for the Comprehensive Resiliency Plan to Rapides Area Planning Commission, as recommended by the Comprehensive Resiliency Project Management Services Selection Committee, contingent upon approval of the State of Louisiana, Office of Community Development. On vote the motion carried.
There being no further business, motion by Mr. Sean McGlothlin, seconded by Mr. Craig Smith, the meeting was adjourned at 4:30 p.m.
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