Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
October 13, 2014 other
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Police Jury Meeting Room 2nd Floor, Parish Courthouse
Posted October 9, 2014
REGULAR SESSION
OCTOBER 13, 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 September 8, 2014 and Special Session on September 22, 2014 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (FINANCE 10/6)
- Recognize Judge Harry Randow, candidate for Judge, Division G. (Mr. Overton)
- Receive update from Dr. David Holcombe, Rapides Parish Health Unit Director on preventive measures being taken by Rapides Parish. (Mr. Overton)
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OCTOBER 13, 2014 pg. 2
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lots Thirteen (13) and Fourteen (14) of Kerling Park bearing no municipal address in Ball, to Mr. Brent Landry for the consideration of $2,200.00 cash. (FINANCE 10/6)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Part of Lot “B”, JAC Bloch’s Subdivision of lots 19 & 24, Willow Glen Plantation, bearing the municipal address of 4118 Jill Street, Alexandria to Mr. John Gilchrist for the consideration of $1,666.67 cash. (FINANCE 10/6)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot 90 of Rapides Mobile Home Estates, Extension #1, bearing the municipal address of 212 Pellon Street, Pineville to Ms. Deana Hovnatanian for the consideration of $840.81 cash. (FINANCE 10/6)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot 36 of Rapides Mobile Home Estates, bearing no municipal address on Brent Street, Pineville to Ms. Deana Hovnatanian for the consideration of $3,533.33 cash. (FINANCE 10/6)
- Motion to authorize the issuance of a quietus on the part of the Rapides Parish Police Jury in favor of the Sheriff and Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2013, and authorize Bruce Kelly, Treasurer, to issue said quietus. (FINANCE 10/6)
- Motion to authorize a $150.00 wage increase, per month, for all Rapides Parish Civil Service Employees and the two (2) Rapides Courthouse parking attendants, effective October 1, 2014. (FINANCE 10/6)
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OCTOBER 13, 2014 pg. 3
- Motion to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below: Tax Debtor Description Bakies Properties Lot Three (3) of Belleview Subdivision Bearing the municipal address of:
Thacker & Son, Inc. Lots Three (3) and Four (4) of Block Two (2) of Alexandria Land and Improvement Company, Ltd’s West Alexandria Addition Bearing the municipal address of: (FINANCE 10/6)
- Motion to cancel all bids for Bid # 2384 (Contract Hauling of Pit Run) to clarify General Liability Limits and to advertise at a later date as recommended by Public Works Director. (FINANCE 10/6)
- Motion to adopt a resolution to the LA DOTD, Division of Administration, to provide funds for Airport Improvements Capital Improvement Program Application for State Assistance; certify all servitudes and titles are valid and indefeasible, hold the State harmless for any projects under the Program and authorize the President to sign subsequent related documents required by FAA and the State, as requested by the Esler Airport Manager. (FINANCE 10/6)
- Motion to authorize the Rapides Parish Fire District #3 to enter into a cost sharing agreement with Water Works District #3 to install fire hydrants within Fire District #3 area. Fire District #3 will purchase all hydrants, installation parts and materials at cost from Water Works District #3 and Water Works District #3 will supply labor and equipment to install hydrants, pending Legal Counsel and Treasurer approval. (FINANCE 10/6)
- Motion to delete from the Rapides Parish Fire District #14 Asset/Inventory Program Asset # 10247 (portable radio). Radio was used REGULAR MEETING OCTOBER 13, 2014 pg. 4
as a trade-in for upgraded model as recommended by the Fire Department Chief. (FINANCE 10/6)
- Motion to enter into a contract with Mr. Mark D. Setliff, T.L. Construction, LLC, to install stainless steel bird spikes with twelve (12) inch soffit panels, color to match existing roof of the Health Unit Canopy, as requested by Dr. David Holcombe, Administrator, Rapides Parish Health Unit, not to exceed $20,000 and authorize the President to sign same. (FINANCE 10/6)
- Motion to accept the Public Works Director's Report. (PUBLIC WORKS 10/6)
- Motion to adopt a resolution approving the Annual Certificate of Compliance with the State of Louisiana Off System Bridge Replacement Program, as recommended by the Public Works Director, copy of the resolution to be sent to LDOTD District 08. (PUBLIC WORKS 10/6)
- Motion to approve Change Order No. 2 with Diamond B Construction, add pay items for Full Depth Asphalt Patching at $100.00 per ton, Superpave Asphalt Concrete (Driveways) at $100.00 per ton, and Shoulder Aggregate at $80.00 per ton, as recommended by the Public Works Director. (PUBLIC WORKS 10/6)
- Motion to extend parish maintenance of Valarie Drive (Ward 8, District
- E) an additional 1,000 feet and authorize the President to sign right-ofway agreements as recommended by Public Works Director. (PUBLIC WORKS 10/6)
- Motion to authorize payment for the repair of a private waterline on Foster Road (Ward 11, District C) damaged by the Rapides Parish Highway Department mowing crew, provided the owner signs a Release of Damages, to be paid out of the Road and Bridge Fund as recommended by the Public Works Director. (PUBLIC WORKS 10/6) REGULAR MEETING OCTOBER 13, 2014 pg. 5
- Motion to authorize the President to sign an Intergovernmental Agreement with Deville Volunteer Fire Department, for the Rapides Parish Highway Department to grade the parking lot, spread gravel and/or ditching on new drainage for fire house, up to thirty (30) hours, to be paid out of Deville Fire Department Funds. (PUBLIC WORKS 10/6)
- Motion to adopt an ordinance to amend and reenact Section 18-4.2 (H) Speed Limits so as to set a 20 mph speed limit on Industrial Road, Ward 11, District C and authorize the Highway Department to erect speed limit signs. (PUBLIC WORKS 10/6)
- Motion to authorize Mr. Charles Johnson, 702 West River Road, Oakdale, as a hardship case, pending proper certification. (PUBLIC WORKS 10/6)
- Motion to authorize Ms. Lavon Ray, 9127 Highway 112, Glenmora, as a hardship case, pending proper certification. (PUBLIC WORKS 10/6)
- Motion to revoke a 15’ unused utility easement 899.89’ in length on Crest Properties, LLC, starting at Cenla Drive running East then turns North towards Tioga Road, as depicted on boundary survey. Letters of no objection have been received from the Public Works Director and utility providers. (PUBLIC WORKS 10/6)
- Motion to adopt an ordinance to amend and reenact Sections 18-4.2(H) Speed Limits, so as to set a 20 mph speed limit on Franks Road, Ward 11, District C, and authorize the Parish Highway Department to erect speed limit signs. (PUBLIC WORKS 10/6)
- Motion to adopt an ordinance to amend and reenact Sections 18-4.2(H) Speed Limits, so as to set a 20 mph speed limit on Ruth Drive, Ward 11, District C, and authorize the Parish Highway Department to erect speed limit signs. (PUBLIC WORKS 10/6) REGULAR MEETING OCTOBER 13, 2014 pg. 6
- Motion to authorize the Engagement for Appraisals, as submitted by JDM Services, Inc., with various landowners, for the Laura Lane 50’ right-ofway extension, for the Paradise Elementary Road Project, to be paid out of Road District 10A Funds, as recommended by Legal Counsel. (PUBLIC WORKS 10/6)
- Motion to grant approval to Noah’s Creek Subdivision, located on Whittington and Donahue Ferry Road, as recommended by the Rapides Area Planning Commission and approved by the Public Works Director, pending approval from Legal Counsel and authorize signing of the plat. (PUBLIC WORKS 10/6)
- Motion to ratify approval of the revised Memorandum of Understanding (MOU) between the Chief Elected Official of Rapides Parish, Workforce Investment Board, and Local Workforce Area One-Stop Partners and to authorize the President to sign the Memorandum of Understanding.
The purpose of the MOU is to identify and to deliver a variety of workforce development resources through a coordinated system that addresses the needs of employers and job seekers. The One-Stop system will offer a variety of job placement, education, job training, human services, and other workforce development services to residents of the Parish. This Memorandum of Understanding establishes commitments, joint processes, and procedures that enable partners to integrate core, intensive, and training services.
The revisions include:
- • Change to the Nondiscrimination Assurance wording in Section X of the Memorandum of Understanding pursuant to the August 25, 2014 letter from Curt Eysink via the Equal Opportunity and Compliance Division of Louisiana Workforce Commission, Subject: Official LWC Assurance Statement for Federal Funds. (WORKFORCE 10/6)
- Motion to ratify authorization for President to sign the renewal of the Cooperative Endeavor Agreement between Crest Industries, LLC and the Rapides Parish Police Jury with a start date of August 20, 2014 and an end date of August 31, 2015. The purpose of this agreement is to provide WorkKeys ® re-testing for Crest Industries on employment candidates on a fee-for-service arrangement. (WORKFORCE 10/6)
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OCTOBER 13, 2014 pg. 7
- Motion to appoint Mr. Robert Beck, III, to the Civil Service Board for a three (3) year term to fill the expiring term of Ms. Ingrid Johnson, nominee of Alexandria Bar Association. Term will expire October 14, 2017 (WORKFORCE 10/6)
- Motion to appoint Mr. Will Cummings to the Ward 10 Recreation District for a five (5) year term to fill the expiring term of Ms. Jimmis Bernard. Term will expire October 9, 2019. (Employee election held September 18, 2014) (WORKFORCE 10/6)
- Motion to reappoint Mr. Robert Nugent to the Sewerage District #2 Board for a four (4) year term. Term will expire October 12, 2018. (Laid Over Sept agenda) (WORKFORCE 10/6)
- Motion to reappoint Mr. John Cummings, employee elect to the Fire District #3 Civil Service Board for a three (3) year term. Term will expire October 10, 2017. (Laid over Sept agenda) (WORKFORCE 10/6)
- Motion to reappoint Mr. Melvin Christy to the Fire District #3 Civil Service Board for a three (3) year term, nominated by Police Jury. Term will expire October 14, 2017. (WORKFORCE 10/6)
- Motion to reappoint Ms. Zelda Smith to the Housing Authority for a five
- (5) year term, tenant representative. Term will expire October 11, 2014. (Ms. Pat Boss put letters in all tenants’ boxes and no one wishes to serve on board. Mailing hard copy) (Laid over Sept agenda) (WORKFORCE 10/6)
- Motion to reappointment Mr. T.J. Speir to the Sewerage District #2 for a four (4) year term. Term will expire October 12, 2018. (Laid over Sept agenda) (WORKFORCE 10/6)
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OCTOBER 13, 2014 pg. 8
- Motion to waive the thirty (30) day announcement rule and reappoint Mr. Jim Atkins to the Waterworks District 11A Board for a five (5) year term. Term will expire November 8, 2019. (WORKFORCE 10/6)
- Motion to reappoint Ms. Mary Wardsworth to the Mosquito Abatement District No. 1 Board for a three (3) year term. Term will expire October 13, 2017. (WORKFORCE 10/6)
- Motion to adopt a resolution approving the issuance, sale and delivery of not exceeding Five Hundred Fifty Thousand Dollars ($550,000) of Limited Tax Certificates of Indebtedness of Ward 10 Recreation District, Rapides Parish, Louisiana. (WORKFORCE 10/6)
- Motion to waive the thirty (30) day announcement rule and reappoint Mr. T.J. Speir to the Fire District #4 Civil Service Board for a three (3) year term. Term will expire November 12, 2017. (WORKFORCE 10/6)
- Motion to waive the thirty (30) day announcement rule and reappoint Mr. Jason DeWitt to the Ward 9 Recreation District for a five (5) term. Term will expire November 8, 2019. (WORKFORCE 10/6)
- Motion to adopt the following resolution concerning the Coliseum property co-owned by the Rapides Parish Police Jury and the City of Alexandria:
WHEREAS, on November 6, 2012, the voters of Rapides Parish approved specific revenue bonds for the purpose of renovating the Rapides Parish Coliseum; and, WHEREAS, pursuant to this voter authority, the Police Jury has undertaken efforts to commence such renovations; and, WHEREAS, the Police Jury currently co-owns with the City of Alexandria a 16.572 acre portion of the parking lot used by the Coliseum, which co-owned portion is shown on the enclosed Exhibit 1 (“the Co-Owned Portion”); and, WHEREAS, the Policy Jury would prefer to own all or some of the CoOwned Portion outright, to the extent that such sole ownership might benefit the REGULAR MEETING OCTOBER 13, 2014 pg. 9
Coliseum; alternatively, the Police Jury would prefer to reach an agreement with the City that would allow the Police Jury to use the Co-Owned Portion to effectively serve the needs of the Coliseum; and, WHEREAS, the Police Jury has obtained an August 6, 2014 independent appraisal by Jody D. Morvant for the fair market value of the Co-Owned Portion, which appraisal estimated such value at $2.2 million; and, WHEREAS, within the next week, the Police Jury’s agents shall submit final documents to the City for building permit approval: BE IT HEREBY RESOLVED THAT:
- The Police Jury shall undertake all necessary steps to acquire, in full ownership, some or all of the Co-Owned Portion of the Coliseum parking lot, to the extent that such sole ownership might benefit the Coliseum, with such necessary acquisition steps to possibly include, without limitation, purchase, partition, compromise, takings, litigation, or any other action required to accomplish the purpose.
- Alternatively, the Police Jury shall undertake all necessary steps to obtain such rights over all or some of the Co-Owned Portion as is necessary for the Co-Owned Portion to effectively serve the needs of the Coliseum. In addition, the Police Jury shall undertake all necessary steps to obtain all required approvals for the Coliseum, including without limitation building permit approvals, with such necessary steps to possibly include, without limitation, litigation, mandamus, or any other necessary actions.
- The following persons shall be Police Jury Representatives, and they shall be authorized, in their collective sole discretion, to implement these actions on behalf of the Police Jury (“the Police Jury Representatives”): President Joe Bishop; and, Vice President Davon (“Bubba”) Moreau. These persons may only take such actions by their unanimous approval. Upon such approval, these persons are authorized to execute any necessary documents to implement the actions.
- The Police Jury Representatives are authorized to spend or negotiate the transfer of Police Jury resources totaling no more than $1.1 million to obtain the property rights described herein; in addition, the Police Jury Representatives are authorized to incur such reasonable expert fees, costs, attorney’s fees and related expenses, as are necessary to assist in accomplishing the purposes described herein.
- Motion to receive the required report from Acadian Ambulance under the Contract for August 2014:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 482 80% 87.97% Pineville - 8 minute 146 80% 80.82% Rapides - 12 minute 189 80% 91.53% Rapides - 20 minute 154 80% 81.17% (INSURANCE 10/6)
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OCTOBER 13, 2014 pg. 10
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 enter into an Intergovernmental Agreement with the Village of Forest Hill, for the Rapides Parish Highway Department to provide sixty
- (60) hours installing culverts, ditching and hauling material, grad-all, dump truck and motor grader as needed, for the corporate limits of Forest Hill, to be paid out of town’s portion of Road District #1A Maintenance Fund. (Mr. Billings)
- Recognize Mr. Shane Trapp, Building Superintendent, for an update on the Rapides Parish Courthouse. (Mr. Perry)
- Motion to purchase a new heavy duty dual axle trailer with air brakes from the lowest bidder H&E Equipment Services in an amount not to exceed $20,000, as recommended by the Public Works Director and approved by Purchasing, to be paid from Road and Bridge Funds. (Mr. Bishop)
- Motion to enter into an agreement with the Cajun Nationals Car, Truck, & Bike Show to conduct their 2015 event at the Cotile Lake Recreation Area on September 25 -27, 2015 and authorize the President to sign same, as recommended by the Public Works Director. (Mr. Vanderlick)
- Motion to grant approval to River Edge Subdivision, located on Highway 1 South and Echo Street, as recommended by the Rapides Area Planning Commission, pending approval of Public Works Director and Legal Counsel and authorize signing of the plat. (Mr. Billings)
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OCTOBER 13, 2014 pg. 11
- Motion to authorize the President to sign a letter of support for healthcare for pre-trial prisoners, maintained by the Rapides Parish Sheriff’s Office and to authorize the Parish Treasurer to appropriate sufficient funds to cover the cost of the healthcare provided to pre-trial prisoners. (Mr. Bishop)
- Motion to give Holiday Village Fire Department, part-time fireman, pay increases, effective January 1, 2015, as requested by Holiday Village Volunteer Fire Association Board. Increases are as follows: Level #1 increased from $8.00 per hour to $9.00 per hour; Level #2 increased from $8.50 per hour to $10.00 per hour; Level 3 increased from $9.00 per hour to $11.00 per hour and Level #4 increased $10.00 per hour to $12.00 per hour. (Mr. Bishop)
- Motion to authorize the President to sign an amended services agreement concerning adjudicated properties between the Rapides Parish Police Jury, the City of Alexandria, the Sheriff, the Rapides Parish School Board, the Library Board, the Red River Atchafalaya Bayou Boeuf Levee District, Fire Protection District No. 2, Gravity Drainage District No. 1 and the City of Pineville, so as to add the Town of Ball, pending approval of Legal Counsel. (Mr. Moreau)
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
October 13, 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, October 13, 2014 , at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Joe Bishop, President, and Police Jurors Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings and Scott Perry, Jr.
Davron “Bubba” Moreau, Vice President, was absent.
Also present were Mr. Bruce Kelly , Treasurer; Mr. Dennis Woodward, Public Works Director; Ms. Sonya Wiley -Gremillion, OHSEP Director; Ms. Elaine Morace, WIA Operations Director; M r. 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.
The invocation was given by Mr. Oliver “Ollie” Overton.
The Pledge of Allegiance was led by Mr. Sean McGlothlin.
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 an d 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 moving items to the front of the agenda, to which there was no problem.
The first item on the agenda was to recognize Judge Harry Randow, candidate for Judge, Division G.
Judge Harry Randow requested the Police Jury’s support in his candidacy for Judge, Division G.
Mr. Joe Bishop, then recognized Mr. Chris Guillet, Corkern, Crews and Guillet Law Firm, Legal Counsel on the property co-owned by the Rapides Parish Police Jury and the City of Alexandria and questioned if there was any public comment on any agenda item upon which a vote was to be taken.
Mr. Chris Guillet stated the Rapides Parish Police Jury obtained an independent appraisal from Mr. Jody Morvant, dated August 6, 2014. That appraisal concluded that the value of the co-owned property with the City equaled $2.2 million dollars.
Mr. Guillet explained the three options. The first option would be to purchase the City’s co-owned interest for $1.1 million dollars. The second option would be to enter into a joint use agreement with the City for the use of the co-owned portion of the property. The third option would be for the two parties to physically divide the co-owned property. Lastly, the resolution specifically authorizes the hiring of Corkern, Crews & Guillet to represent the Police Jury for these purposes.
Mr. Tom Wells, Legal Counsel, also stated that additionally, absent of any response to those three proposals, it also authorizes the filing of a lawsuit for partition of the property, in line with the survey proposal by Mr. Morvant.
Discussion ensued.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to adopt the following resolution concerning the Coliseum property co -owned by the Rapides Parish Police Jury and the City of Alexandria:
WHEREAS, on November 6, 2012, the voters of Rapides Parish approved specific revenue bonds for the purpose of renovating the Rapides Parish Coliseum; and, WHEREAS, pursuant to this voter authority, the Police Jury has undertaken efforts to commence such renovations; and, WHEREAS, the Police Jury currently co-owns with the City of Alexandria a 16.572 acr e portion of the parking lot used by the Coliseum, which co -owned portion is shown on the enclosed Exhibit 1 (“the Co-Owned Portion”); and, WHEREAS, the Policy Jury would prefer to own all or some of the Co - Owned Portion outright, to the extent that such sole ownership might benefit the Coliseum; alternatively, the Police Jury would prefer to reach an agreement with the City that would allow the Police Jury to use the Co -Owned Portion to effectively serve the needs of the Coliseum; and, WHEREAS, the Polic e Jury has obtained an August 6, 2014 independent appraisal by Jody D. Morvant for the fair market value of the Co -Owned Portion, which appraisal estimated such value at $2.2 million; and, WHEREAS, within the next week, the Police Jury’s agents shall submit final documents to the City for building permit approval: BE IT HEREBY RESOLVED THAT:
- The Police Jury shall undertake all necessary steps to acquire, in full ownership, some or all of the Co -Owned Portion of the Coliseum parking lot, to the extent that such sole ownership might benefit the Coliseum, with such necessary acquisition steps to possibly include, without limitation, purchase, partition, compromise, takings, litigation, or any other action required to accomplish the purpose.
- Alternatively, the Police Jury shall undertake all necessary steps to obtain such rights over all or some of the Co -Owned Portion as is necessary for the Co-Owned Portion to effectively serve the needs of the Coliseum. In addition, the Police Jury shall under take all necessary steps to obtain all required approvals for the Coliseum, including without limitation building permit approvals, with such necessary steps to possibly include, without limitation, litigation, mandamus, or any other necessary actions.
- The following persons shall be Police Jury Representatives, and they shall be authorized, in their collective sole discretion, to implement these actions on behalf of the Police Jury (“the Police Jury Representatives”): President Joe Bishop; and, Vi ce President Davron (“Bubba”) Moreau. These persons may only take such actions by their unanimous approval. Upon such
approval, these persons are authorized to execute any necessary documents to implement the actions.
- The Police Jury Representati ves are authorized to spend or negotiate the transfer of Police Jury resources totaling no more than $1.1 million to obtain the property rights described herein; in addition, the Police Jury Representatives are authorized to incur such reasonable expert fees, costs, attorney’s fees and related expenses, as are necessary to assist in accomplishing the purposes described herein.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to adopt the following amended resolution concerning the Coliseum property co - owned by the Rapides Parish Police Jury and the City of Alexandria:
WHEREAS, on November 6, 2012, the voters of Rapides Parish approved specific revenue bonds for the purpose of renovating the Rapides Parish Coliseum; and, WHEREAS, pursuant to this voter authority, the Police Jury has undertaken efforts to commence such renovations; and, WHEREAS, the Police Jury currently co-owns with the City of Alexandria a 16.572 acre portion of the parking lot used by the Coliseum, which co -owned portion is shown on the enclosed Exhibit 1 (“the Co-Owned Portion”); and, WHEREAS, the Policy Jury would prefer to own all or some of the Co - Owned Portion outright, to the extent that such sole ownership might benefit the Coliseum; alternatively, the Po lice Jury would prefer to reach an agreement with the City that would allow the Police Jury to use the Co -Owned Portion to effectively serve the needs of the Coliseum; and, WHEREAS, the Police Jury has obtained an August 6, 2014 independent appraisal by Jody D. Morvant for the fair market value of the entirety of the Co - Owned Portion, which appraisal estimated such value at $2.2 million; and, WHEREAS, within the next week, the Police Jury’s agents shall submit final documents to the City for building permit approval: BE IT HEREBY RESOLVED THAT:
- The Police Jury shall undertake all necessary steps to acquire, in full ownership, some or all of the Co -Owned Portion of the Col iseum parking lot, to the extent that such sole ownership might benefit the Coliseum, with such necessary acquisition steps to possibly include, without limitation, purchase, partition, compromise, takings, litigation, or any other action required to accomplish the purpose.
- Alternatively, the Police Jury shall undertake all necessary steps to obtain such rights over all or some of the Co -Owned Portion as is necessary for the Co - Owned Portion to effectively serve the needs of the Coliseum. In addition, t he Police Jury shall undertake all necessary steps to obtain all required approvals for the Coliseum, including without limitation building permit approvals, with such necessary steps to possibly include, without limitation, litigation, mandamus, or any other necessary actions.
- To accomplish these purposes, the Police Jury shall extend a written offer to the City to: (a) purchase the City’s interests in the property for $1.1 million, which value is one-half of that provided by the Police Jury’s August 6, 2014 independent appraisal; (b) enter a joint -use agreement with the City for the use of the Co - Owned Portion; or (c) physically partition the Co -Owned Portion with the City, with each party retaining a portion in full ownership, and with each such portion of equal value, as determined by the “partition option” of the Police Jury’s August 6, 2014 independent appraisal. This written offer shall be extended on or about October 14, 2014, and shall remain open through the close of business on October
21, 2014 . The Police Jury hereby schedules a special meeting at 2:00 p.m. on October 23, 2014 to consider the City’s response to the Police Jury’s offer. If the City does not respond, the Police Jury shall be authorized, without further action, to file an action for partition of the Co -Owned Portion, or otherwise take all necessary steps, including the filing of suit, to accomplish the purposes described in this resolution.
- The Police Jury is authorized to incur such reasonable expert fees, costs, attorney’s fees and related expenses, as are necessary to assist in accomplishing the purposes described herein. The Police Jury is authorized to seek approval from the Attorney General’s Office to retain the law firm of Corkern, Crews & Guillet, LLC of Natchitoches, Louisiana at the Attorney General’s rate of $175 per hour to represent the Police Jury in all respects in this matter due to the fact that a conflict or potential conflict of interest exists with the Rapides Parish District Attorney’s Office. The Rapides Parish District Attorney’s Office approves the retention of Corkern, Crews & Guillet, LLC.
On vote the amended motion carried unanimously.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on September 8, 2014 and Special Session on September 22, 2014 as published in the Official Journal. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Craig Smith, that approved bills be paid. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to receive an update from Dr. David Holcombe, Rapides Parish Health Unit Director, on preventive measures being taken by Rapides Parish pertaining the Ebola virus.
Dr. David Holcombe, Rapides Parish Health Unit Director, stated the Office of Public Health and Department of Health and Hospitals has been having weekly meetings and working close with the Center for Disease Control. They have sent out recommendations and information to Emergency Medical Services, Hospitals, Individual Providers and every known entity that takes care of people that might come in contact with Ebola. He further stated he had been in contact with England AirPark and Mr. Jon Grafton. The FAA has issued guidelines for them. Dr. Holcombe stated this disease scares people because 50% of the people that get it will die. There is no vaccine and no specific medication.
Questions and answers ensued.
On motion by Mr. Richard Billings, seconded by Mr. Craig Smith , the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
Sale of Adjudicated Property
A certain piece, parcel or tract of land, together with all buildings and
improvements thereon, more particularly described as follows:
Lots Thirteen (13) and Fourteen (14 ) of Kerlin Park, as per Plat thereof recorded at Conveyance Book 541, page 427, Records of Rapides Parish, Louisiana. Being the same property acquired by Kenneth Bivens and Ann Atkinson Bivens form Charles Deville and Patsy Tyler Deville by deed dated August 13, 1980.
Municipal Address of the Property: Not Applicable
Married to and living in community with Melissa Landry
FOR THE
CONSIDERATION OF $2,200.00 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 tract of land, together with all buildings and improvements thereon, more particularly described as follows:
Lots Thirteen (13) and Fourteen (14) of Kerlin Park, as per Plat thereof recorded at Conveyance Book 541, page 427, Records of Rapides Parish, Louisiana. Being the same property acquired by Kenneth Bivens and Ann Atkinson Bivens form Charles Deville and Patsy Tyler Deville by deed dated August 13, 1980.
Municipal Address of the Property: Not Applicable
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 BRENT LANDRY, married to and living in community with Melissa Lan dry, to purchase said property for the consideration of $2,200.00 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 BRENT LANDRY, married to and living in community with Melissa Landry, 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 ground, together with all buildings and improvements located thereon, all rights, ways and privileges appertaining thereto, being lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows, to-wit:
A certain piece, parcel or tract of land, together with all buildings and improvements thereon, more particularly described as follows:
Lots Thirteen ( 13) and Fourteen (14) of Kerlin Park, as per Plat thereof recorded at Conveyance Book 541, page 427, Records of Rapides Parish, Louisiana. Being the same property acquired by Kenneth Bivens and Ann Atkinson Bivens form Charles Deville and Patsy Tyler Devi lle by deed dated August 13, 1980.
Municipal Address of the Property: Not Applicable
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 writi ng, 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 fo r 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 t he “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 don ee 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 certi ficate (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 yea rs before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47: 2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.]
Section 7. At any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and 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 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 interes t 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 fo llows 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 the n 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 her ein 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 encumbra nces 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, mortgage s 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 rec order 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 stat ements 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 c onsequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of October, 2014.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
Sale of Adjudicated Property
A certain piece, parcel or tract of ground, together with all buildings and improvements ther eon and all rights, way and privileges appurtenant thereto, being, lying and situated in Rapides Parish, Louisiana, and being part of Lot “B” of Jac Bloch Subdivision of Lot 19 and part of Lot 24 of Section 2 of the Willow Glen Plantation as per plat thereof recorded in plat Book 5, Page 134, Plat Records of Rapides Parish, Louisiana, said property being more particularly described as follows:
From the point where the westerly or southwesterly line of West Street intersects the northerly or northwesterly line of Jill Street, run along Jill Street away from West Street 400 Feet to establish the point of beginning of the herein described property; from said point of beginning, continue along Jill Street 100 feet to establish the frontage of the said property on Jill Street; thence turn right and run 105.61 feet along a line parallel with the westerly or southwesterly line of West Street; thence turn right and run in the direction o f West Street a distance of 100 feet to a point which is 106 feet northerly or northwesterly from Jill Street; thence turn to the right and run along a line parallel with the westerly or southwesterly line of West Street a distance of 106 feet back to the point of beginning of the herein described property; said property being more particularly shown by survey of Louis J. Daigre dated October 22, 1971, a copy of which is attached to deed from Martin Development Company, Inc. to Martin Building Materials Com pany, Inc., which deed is of record in the Conveyance Records of Rapides Parish, Louisiana.
married to and living in community with Jimmie Gilchrist
FOR THE
CONSIDERATION OF $1,666.67 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of ground, together with all buildings and improvements thereon and all rights, wa y and privileges appurtenant thereto, being, lying and situated in Rapides Parish, Louisiana, and being part of Lot “B” of Jac Bloch Subdivision of Lot 19 and part of Lot 24 of Section 2 of the Willow Glen Plantation as per plat thereof recorded in plat Book 5, Page 134, Plat Records of Rapides Parish, Louisiana, said property being more particularly described as follows:
From the point where the westerly or southwesterly line of West Street intersects the northerly or northwesterly line of Jill Street, r un along Jill Street
away from West Street 400 Feet to establish the point of beginning of the herein described property; from said point of beginning, continue along Jill Street 100 feet to establish the frontage of the said property on Jill Street; thence turn right and run 105.61 feet along a line parallel with the westerly or southwesterly line of West Street; thence turn right and run in the direction of West Street a distance of 100 feet to a point which is 106 feet northerly or northwesterly from Jil l Street; thence turn to the right and run along a line parallel with the westerly or southwesterly line of West Street a distance of 106 feet back to the point of beginning of the herein described property; said property being more particularly shown by s urvey of Louis J. Daigre dated October 22, 1971, a copy of which is attached to deed from Martin Development Company, Inc. to Martin Building Materials Company, Inc., which deed is of record in the Conveyance 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 JOHN GILCHRIST, married to and living in community with Jimmie Gilchrist, to purchase said property for the consideration of $1,666.67 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 JOHN GILCHRIST, married to and living in community with Jimmie Gilchrist, 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 ground, together with all buildings and improvements thereon and all rights, way and privileges appurtenant there to, being, lying and situated in Rapides Parish, Louisiana, and being part of Lot “B” of Jac Bloch Subdivision of Lot 19 and part of Lot 24 of Section 2 of the Willow Glen Plantation as per plat thereof recorded in plat Book 5, Page 134, Plat Records of Ra pides Parish, Louisiana, said property being more particularly described as follows:
From the point where the westerly or southwesterly line of West Street intersects the nor therly or northwesterly line of Jill Street, run along Jill Street away from West Street 400 Feet to establish the point of beginning of the herein described property; from said point of beginning, continue along Jill Street 100 feet to establish the frontage of the said property on Jill Street; thence turn right and run 105.61 feet along a line parallel with the westerly or southwesterly line of West Street; thence turn right and run in the direction of West Street a distance of 100 feet to a point which i s 106 feet northerly or northwesterly from Jill Street; thence turn to the right and run along a line parallel with the westerly or southwesterly line of West Street a distance of 106 feet back to the point of beginning of the herein described property; sa id property being more particularly shown by survey of Louis J. Daigre dated October 22, 1971, a copy of which is attached to deed from Martin Development Company, Inc. to Martin Building Materials Company, Inc., which deed is of record in the Conveyance R ecords 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 sha ll 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 hav e 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, a nd 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 afte r the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in
R.S. 47: 2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty -day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice req uesting 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 ac t of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are co ntained 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 bein g 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 inte rest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, t he 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 Sec tion, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of October, 2014.
On motion by Mr. Craig Smith, seconded by Mr. Scott Perry, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
Sale of Adjudicated Property
Lot 90 of Rapides Mobile Home Estates, Extension No. 1, as per plat thereof recorded in Conveyance Book 835, Page 874, records of Rapides Parish, Louisiana.
TO DEANA HOVNATANIAN
FOR THE
CONSIDERATION OF $840.81 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot 90 of Rapides Mobile Home Estates, Extension No. 1, as per plat thereof recorded in Conveyance Book 835, Page 874, 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 DEANA HOVNATANIAN to purchase said property for the consideration of $840.81 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 abo ve-mentioned property to DEANA HOVNATANIAN, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. Lot 90 of Rapides Mobile Home Estates, Extension No. 1, as per plat thereof recorded in Conveyan ce Book 835, Page 874, 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 t he “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 don ee 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 certi ficate (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 prop erty 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, e ven as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the do nation 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 p rima 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. T he 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, r elease, 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, relea sed or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of October, 2014.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
Sale of Adjudicated Property
Lot # 36 of Rapides Mob ile Home Estates of Pineville, Louisiana, Parish of Rapides.
Municipal Address of the Property: Not Applicable.
TO DEANA HOVNATANIAN
FOR THE
CONSIDERATION OF $3,533.33 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot # 36 of Rapides Mobile Home Estates of Pineville, Louisiana, Parish of Rapides.
Municipal Address of the Property: Not Applicable.
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 DEANA HOVNATANIAN to purchase said property for the consideration of $3,533.33 cash, at the time of sale, said consideration representing the total of the statutory imposit ions, 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 DEANA HOVNATANIAN, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. Lot # 36 of Rapides Mobile Home Estates of Pineville, Louisiana, Parish of Rapides.
Municipal Address of the Property: Not Applicable.
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 n ames 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 su ccessful 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 no tice 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 miner al 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 o wed 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 regardles s 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, terminat ion, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person re lying 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 incorrect ly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination , release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of October, 2014.
On m otion by Ollie Overton , seconded by Mr. Richard Vanderlick , to authorize the issuance of a quietus on the pa rt of the Rapides Parish Police Jury in favor of the Sheriff and Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2013, and authorize Bruce Kelly, Treasurer, to issue said quietus.
RESOLUTION
WHEREAS, William E. Hilton, Tax Collector, has exhibited to the Rapides Parish Police Jury satisfactory evidence that all taxes due to the Parish governing authority shown on the ad valorem tax rolls of Rapides Parish for the year 201 3 have been paid or accounted for, and
WHEREAS, the said Rapides Parish Police Jury has by resolution, a copy of which is annexed hereto, authorized me to issue this quietus on behalf of the Rapides Parish Police Jury in favor of the said William E. Hilton, Tax C ollector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2013.
This resolution having been submitted to a vote, the vote thereon was as follows:
Yea: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, and Sean McGlothlin, Richard Billings and Scott Perry Nay: None Absent: Davron “Bubba” Moreau
And the resolution was declared adopted on this the 13th day of October, 2014.
QUIETUS
WHEREAS, William E. Hilton, Tax Collector, has exhibited to the Rapides Parish Police Jury satisfactory evidence that all taxes due to the Parish governing authority shown on the ad valorem tax rolls of Rapides Parish for the year 201 3 have been paid or accounted for, and
WHEREAS, the said Rapides Parish Police jury has by resolution, a copy of which is annexed hereto, authorized me to issue this quietus on behalf of the Rapides Parish Police Jury in favor of the said William E. Hilton, Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2013.
s/s Bruce Kelly, Treasurer
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize a $150.00 wage increase, per month, for all Rapides Parish Civil Service Employees and to include the two (2) Rapides Courthouse parking attendants, effective October 1, 2014.
Mr. Richard Billings stated he would like to add the temporary part-time unclassified grant employees at the OEWD Office.
Motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to amend the motion to authorize a $150.00 wage increase, per month, for all Rapides Parish Civil Service Employees and to include the two (2) Rapides Courthouse parking attendants and to include the temporary part-time unclassified grant employees at the OEWD Office, effective October 1, 2014. On vote the amended motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below: Tax Debtor Description Bakies Properties Lot Three (3) of Belleview Subdivision Bearing the municipal address of:
Thacker & Son, Inc. Lots Three (3) and Four (4) of Block Two (2) of Alexandria Land and Improvement Company, Ltd’s West Alexandria Addition Bearing the municipal address of: On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Billings, to cancel all bids for Bid # 2384 (Contract Hauling of Pit Run) to clarify General Liability Limits and to advertise at a later date as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Billings, to adopt the following resolution:
RESOLUTION
WHEREAS, Title 2 of the Louisiana Revised Statutes of 1950 provides that cities, towns, parishes, and other political subdivisions of this State may separately or jointly acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft; and,
WHEREAS, the State of Louisiana, Department of Transportation and Development, Division of Aviation (formerly the LA DOTD-OAPT) is charged by Title 2 with the responsibility for the develo pment of aviation facilities within the State to foster air commerce and to safeguard the interests of those engaged in all phases of the aviation industry and of the general public; and,
WHEREAS, the Rapides Parish Police Jury hereinafter referred to as “Sponsor”, has completed an FAA and DOTD approved Master Plan, Action Plan, and/or Airport Layout Plan which outlines the specific future development of the Esler Regional Airport; and, the Sponsor is desirous of implementing a portion of the approved Pla n recommendations which provide for the critically needed improvements as stated below to substantially improve the safety and usability of the Airport, but does not have sufficient funds of its own required for completing the needed improvements; and,
WHEREAS, the LA DOTD, Division of Aviation is authorized by Title 2 to expend funds for the construction or enlargement of airports for the safety and advancement of aeronautics;
NOW, THEREFORE, BE IT RESOLVED:
SECTION I
That the Sponsor does hereby formally request that the LA DOTD, Division of Aviation provide funds required to complete the airport improvements at the Esler Regional Airport specifically as described in the Capital Improvement Program Application for State Financial Assistance dated October 13, 2014.
SECTION II
That the said LA DOTD, Division of Aviation be and is hereby assured that all necessary servitudes, rights-of-way, rights of ingress and egress and means thereof will be furnished by the Sponsor a nd the titles thereto will be valid and indefeasible, and that the Sponsor will assume ownership, financial reporting, and complete responsibility for the maintenance and upkeep of the airport after completion of said improvement.
SECTION III
That the Sponsor will save and hold the said LA DOTD, Division of Aviation, its officers, agents, and employees harmless from any liability or claim for damages arising out of the project, including death or injuries to third parties including, but not lim ited to, liability or claim for damages out of the negligence of said LA
DOTD, Division of Aviation, its officers, agents, or employees, and expressly agrees to defend any suit of any nature brought against the LA DOTD, Division of Aviation as a result of this project.
SECTION IV
That the President of the Sponsor be and is hereby authorized and directed to evidence this agreement by affixing his signature at the place provided therefore on this resolution and on subsequent related documents/agreements as required by the rules and regulations of the Federal Aviation Administration and the State of Louisiana and the Clerk is hereby authorized to attest said execution.
SECTION V
That this resolution shall be in full force and effect from and after its adoption.
THUS DONE AND ADOPTED this 13th day of October, 2014.
On motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to authorize the Rapides Parish Fire District #3 to enter into a cost sharing agreement with Water Works District #3 to install fire hydrants within Fire District #3 area. Fire District #3 will purchase all hydrants, installation parts and materials at cost from Water Works District #3 and Water Works District #3 will supply labor and equipment to install hydrants, pending Legal Counsel and Treasurer approval.
Mr. Tom Wells stated he needed to do some research on the motion, but the motion states pending Legal Counsel approval.
On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to delete from the Rapides Parish Fire District #14 Asset/Inventory Program Asset # 10247 (portable radio). Radio was used as a trade-in for upgraded model as recommended by the Fire Department Chief. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to enter into a contract with Mr. Mark D. Setliff, T.L. Construction, LLC, to install stainless steel bird spikes with twelve (12) inch soffit panels, color to match existing roof of the Health Unit Canopy, as requested by Dr. David Holcombe, Administrator, Rapides Parish Health Unit, not to exceed $20,000 and authorize the President to sign same. 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. Craig Smith , seconded by Mr. Ollie Overton, the following resolution was presented, to adopt the Annual Certification for the Off - System Bridge Program for October 1, 201 3 to September 30 , 201 4, as recommended by the Public Works Director, copy of this resolution sent to the LDOTD District 08 Office and on vote unanimously adopted:
RESOLUTION
WHEREAS, the Code of Federal regulations as enacted by the United States
Congress mandates that all structures defined as bridges located on all public roads shall be inspected, rated for safe load capacity and posted in accordance with the National Bridge Inspection Standards and that an inventory of these bridges be maintained by each State; and,
WHEREAS, the responsibility to inspect, rate and load post those bridges under the authority of Rapides Parish in accordance with those Standards is delegated by the Louisiana Department of Transportation and Development to Rapides Parish.
THEREFORE, BE IT RESOLVED by the governing authority of Rapides Parish (herein referred to as the Parish) that the Parish in regular meeting assembled does hereby certify to the Louisiana Department of Transportation and Development (herein referred to as the DOTD) that for the period October 1, 201 3 through September 30, 2014:
- The Parish has performed all interim inspections on all Parish owned or maintained bridges in accordance with the National Bridge Inspection Standards.
- All bridges owned or maintained by the Parish have been structurally analyzed and rated by the Parish as to the safe load capacity in accordance with AASHTO Manual for Maintenance Inspection of Bridges. The load posting information that has been determined by the LA DOTD for all bridges where the maximum legal load under Louisiana State law exceeds the load permitted under the operating rating as determined above has been critically reviewed by the Parish. Load posting information has been updated by the Parish to re flect all structural changes, any obsolete structural ratings or any missing structural ratings.
- All Parish owned or maintained bridges which require load posting or closing are load posted or closed in accordance with the table in the DOTD Engineering Directives and Standards Manual Directive No. 1.1.1.8. All DOTD supplied load posting information concerning a bridge has been critically reviewed by the Parish Engineer prior to load posting.
- All bridges owned or maintained by the Parish are sho wn on the attached list in the format specified by the DOTD. Corrections to data supplied to the Parish by the LA DOTD are noted.
These stipulations are prerequisites to participation by the Parish in the Off-System Bridge Replacement Program.
This resolution was considered section by section and as a whole and was adopted by the following vote on this the 13th day of October, 2014.
Yea: Joe Bishop, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, and Sean McGlothlin, Richard Billings and Scott Perry Nay: None Absent: Davron “Bubba” Moreau On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, to approve Change Order No. 2 with Diamond B Construction, LLC for Bid No. 2359 Various Road Improvements in Rapides Parish to add pay items for Full Depth
Asphalt Patching at $100.00 per ton, Superpave Asphalt Concrete (Driveways) at $100.00 per ton, and Shoulder Aggregate at $80.00 per ton, as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Scott Perry, to extend parish maintenance of Valarie Drive (Ward 8, District E) an additional 1,000 feet and authorize the President to sign right-of-way agreements as recommended by Public Works Director. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Billings, to authorize payment for the repair of a private waterline on Foster Road (Ward 11, District C) damaged by the Rapides Parish Highway Department mowing crew, provided the owner signs a Release of Damages, to be paid out of the Road and Bridge Fund as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Billings, to authorize the President to sign an Intergovernmental Agreement with Deville Volunteer Fire Department, for the Rapides Parish Highway Department to grade the parking lot, spread gravel and/or ditching on new drainage for fire house, up to thirty (30) hours, to be paid out of Deville Fire Department Funds. On vote the motion carried.
On motion by Mr. Craig Smith , seconded by Mr . Richard Billings , the following ordinance was presented to set a 20 mph speed limit on Industrial Road, Ward 11, District C , and authorize the Parish Highway Department to erect speed limit signs and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (H) SPEED WARD 11, DISTRICT C
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 13th day of October, 2014, that Section 18-4.2 (h) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 20 mph speed limit on the Industrial Road, Ward 11, District C, as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.2. Speed limits designated on certain streets:
- (g) Twenty miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty (20) miles per hour: ... INDUSTRIAL ROAD, WARD 11, DISTRICT C ...
(l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed 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 -4.2 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 13th day of October, 2014.
On motion by Mr. Richard Billings, seconded by Mr. Craig Smith, to authorize Mr. Charles Johnson, 702 West River Road, Oakdale, as a hardship case, pending proper certification. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Craig Smith, to authorize Ms. Lavon Ray, 9127 Highway 112, Glenmora, as a hardship case, pending proper certification. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to revoke a 15’ unused utility easement 899.89’ in length on Crest Properties, LLC, starting at Cenla Drive running East then turns North towards Tioga Road, as depicted on boundary survey. Letters of no objection have been received from the Public Works Director and utility providers.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to amend the motion to revoke a 15’ unused utility easement 899.89’ in length on Crest Properties, LLC, starting at Cenla Drive running East then turns North towards Tioga Road, as depicted on boundary survey. Letters of no objection have been received from the Public Works Director and utility providers, as recommended by the Rapides Area Planning Commission. On vote the amended motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Scott Perry, the following ordinance was presented to set a 20 mph speed limit on Franks Road, Ward 11, District C, and authorize the Parish Highway Department to erect speed limit signs and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTIONS 18 -4.2 (H) SPEED WARD 11, DISTRICT C
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 13th day of October, 2014, that Section 18-4.2 (h) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 20 mph speed limit on the Franks Road, Ward 11, District C, as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.2. Speed limits designated on certain streets:
- (g) Twenty miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty (20) miles per hour: ...
FRANKS ROAD, WARD 11, DISTRICT C
...
(l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed 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 -4.2 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 13th day of October, 2014
On motion by Mr. Craig Smith, seconded by Mr. Richard Billings, the following ordinance was presented to set a 20 mph speed limit on Ruth Drive , Ward 11, District C, and authorize the Parish Highway Department to erect speed limit signs and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTIONS 18 -4.2 (H) SPEED 11, DISTRICT C
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 13th day of October, 2014, that Section 18-4.2 (h) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 20 mph speed limit on the Ruth Drive, Ward 11, District C, as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.2. Speed limits designated on certain streets:
- (g) Twenty miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty (20) miles per hour: ... RUTH DRIVE, WARD 11, DISTRICT C ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.
BE IT F URTHER ORDAINED that this ordinance is to be effective immediately. BE IT FURTHER ORDAINED in all other respects Section 18 -4.2 of the Rapides Parish Code of Ordinances shall remain unchanged. THUS DONE AND SIGNED on this 13th day of October, 2014
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to authorize the Engagement for Appraisals, as submitted by JDM Services, Inc., with various landowners, for the Laura Lane 50’ right-of-way extension, for the Paradise
Elementary Road Project, to be paid out of Road District 10A Funds, as recommended by Legal Counsel. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to grant approval to Noah’s Creek Subdivision, located on Whittington and Donahue Ferry Road, as recommended by the Rapides Area Planning Commission and approved by the Public Works Director, pending approval from Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to ratify approval of the revised Memorandum of Understanding (MOU) between the Chief Elected Official of Rapides Parish, Workforce Investment Board, and Local Workforce Area One-Stop Partners and to authorize the President to sign the Memorandum of Understanding.
The purpose of the MOU is to identify and to deliver a variety of workforce development resources through a coordinated system that addresses the needs of employers and job seekers. The One-Stop system will offer a variety of job placement, education, job training, human services, and other workforce development services to residents of the Parish. This Memorandum of Understanding establishes commitments, joint processes, and procedures that enable partners to integrate core, intensive, and training services.
The revisions include:
- • Change to the Nondiscrimination Assurance wording in Section X of the Memorandum of Understanding pursuant to the August 25, 2014 letter from Curt Eysink via the Equal Opportunity and Compliance Division of Louisiana Workforce Commission, Subject: Official LWC Assurance Statement for Federal Funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to ratify authorization for President to sign the renewal of the Cooperative Endeavor Agreement between Crest Industries, LLC and the Rapides Parish Police Jury with a start date of August 20, 2014 and an end date of August 31, 2015. The purpose of this agreement is to provide WorkKeys ® re-testing for Crest Industries on employment candidates on a fee-for-service arrangement. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to appoint Mr. Robert Beck, III, to the Civil Service Board for a three (3) year term to fill the expiring term of Ms. Ingrid Johnson, nominee of Alexandria Bar Association. Term will expire October 14, 2017. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to appoint Mr. Will Cummings to the Ward 10 Recreation District for a five (5) year term to fill the expiring term of Ms. Jimmie Bernard. Term will expire October 9, 2019. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to reappoint Mr. Robert Nugent to the Sewerage District #2 Board for a four (4) year term. Term will expire October 12, 2018. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, to reappoint Mr. John Cummings, employee elect to the Fire District #3 Civil Service Board for a three (3) year term. Term will expire October 10, 2017. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to reappoint Mr. Melvin Christy to the Fire District #3 Civil Service Board for a three
- (3) year term, nominated by Police Jury. Term will expire October 10, 2017. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to reappoint Ms. Zelda Smith to the Housing Authority for a five (5) year term, tenant representative. Term will expire October 11, 2019. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to reappointment Mr. T.J. Speir to the Sewerage District #2 for a four (4) year term. Term will expire October 12, 2018. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Joe Bishop, to waive the thirty (30) day announcement rule and reappoint Mr. Jim Atkins to the Waterworks District 11A Board for a five (5) year term. Term will expire November 8, 2019. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, to reappoint Ms. Mary Wardsworth to the Mosquito Abatement District No. 1 Board for a three
- (3) year term. Term will expire October 13, 2017. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, t he following resolution was offered and adopted:
RESOLUTION
A resolution approving the issuance, sale and delivery of not exceeding Five Hundred Fifty Thousand Dollars ($550,000) of Limited Tax Certificates of Indebtedness of Ward 10 Recreation District, Rapides Parish, Louisiana.
WHEREAS, Ward 10 Recreation District, Rapides Parish, Louisiana (the "District"), proposes to issue not exceeding $550,000 of Limited Tax Certificates of Indebtedness (the "Certificate"), for the purpose of improving and maintaini ng the recreational facilities of said District and paying the costs of issuance; and
WHEREAS, the District has requested that this Police Jury approve the issuance, sale and delivery of said Certificate of the District; and
WHEREAS, as required by Art icle VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve the issuance of said Certificate of the District;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, S tate of Louisiana, acting as the governing authority of the Parish of Rapides, State of Louisiana, that:
SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance w ith the request of the Board of Commissioners of Ward 10 Recreation District, Rapides Parish,
Louisiana, this Police Jury hereby approves the issuance, sale and delivery of not exceeding $550,000 Limited Tax Certificates of Indebtedness, of said District, said Certificate to be secured by and payable from (i) a special five (5) mills tax, authorized at an election held within the District on April 5, 2003, for the years 2005 to 2015; and (ii) a special five (5) mills tax, authorized at an election held within the District on May 5, 2014, for the years 2016 to 2025, as provided by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, provided said certificates are issued with a final maturity not exceeding eleven (11) years from date thereof and an interest rate not exceeding six per centum (6%) per annum and at a price not less than 96% of the par value thereof.
SECTION 2. The Parish of Rapides and this Police Jury shall not be liab le in any manner for the payment of said Certificate, and no funds of the Parish or the Police Jury shall be pledged to the payment thereof. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Joe Bishop, Mr. Craig Smith, Theodore Fountaine, Richard Vanderlick, Ollie Overton, Sean McGlothlin, Richard Billings and Scott Perry NAYS: none ABSENT: Mr. Bubba Moreau
And the resolution was declared adopted on this, the 13th day of October, 2014.
/s/ Laurel Smith /s/ Joe Bishop Secretary President
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to waive the thirty (30) day announcement rule and reappoint Mr. T.J. Speir to the Fire District #4 Civil Service Board for a three (3) year term. Term will expire November 12, 2017. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to waive the thirty (30) day announcement rule and reappoint Mr. Jason DeWitt to the Ward 9 Recreation District for a five (5) term. Term will expire November 8, 2019. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to receive the required report from Acadian Ambulance under the Contract for August 2014:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 482 80% 87.97% Pineville - 8 minute 146 80% 80.82% Rapides - 12 minute 189 80% 91.53% Rapides - 20 minute 154 80% 81.17% On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Scott Perry, that the following items 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, Mr. Craig Smith, Theodore Fountaine, Richard Vanderlick, Ollie Overton, Sean McGlothlin, Richard Billings and Scott Perry NAYS: none ABSENT: Mr. Bubba Moreau On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into an Intergovernmental Agreement with the Village of Forest Hill, for the Rapides Parish Highway Department to provide sixty (60) hours installing culverts, ditching and hauling material, grad-all, dump truck and motor grader as needed, for the corporate limits of Forest Hill, to be paid out of town’s portion of Road District #1A Maintenance Fund. On vote the motion carried.
The next item on the agenda was to recognize Mr. Shane Trapp, Building Superintendent for an update on the Rapides Parish Courthouse.
Mr. Shane Trapp gave a brief update on the air conditioners and chillers in the Courthouse.
On m otion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to purchase a new heavy duty dual axle trailer with air brakes from the lowest bidder H&E Equipment Services in an amount not to exceed $20,000, as recommended by the Public Works Director and approved by Purchasing, to be paid from Road and Bridge Funds. On vote the motion carried. Mr. Craig Smith abstained.
On m otion by Mr. Craig Smith, seconded by Mr. Richard Vanderlick, to enter into an agreement with the Cajun Nationals Car, Truck, & Bike Show to conduct their 2015 event at the Cotile Lake Recreation Area on September 25 -27, 2015 and authorize the President to sign same, as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to grant approval to River Edge Subdivision, located on Highway 1 South and Echo Street, as recommended by the Rapides Area Planning Commission, pending approval of Public Works Director and Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to authorize the President to sign a letter of support for healthcare for pre-trial prisoners, maintained by the Rapides Parish Sheriff’s Office and to authorize the Parish Treasurer to appropriate sufficient funds to cover the cost of the healthcare provided to pre-trial prisoners. On vote the motion carried.
Sheriff William Hilton thanked the Jury for their cooperation and working relationship. The Sheriff’s Office has a lot on their plates with the health care for the inmates that they have to provide and also the morgue issue that is close. He further stated he had been meeting with Dr. Chris Rich, who has a company that has offered to provide the health care for the inmates. He can give coverage twenty (24) hours a day, seven (7) days a week. The total cost of what Dr. Rich has proposed to is in the neighborhood of $700,000. That is going to be money that the Jury will have to put up with the Sheriff’s Office coming up with the remainder. All of this started unraveling and unfolding when Huey P. Long closed.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to give Holiday Village Fire Department, part-time fireman, pay increases, effective January 1, 2015, as requested by Holiday Village Volunteer Fire Association Board. Increases are as follows: Level #1 increased from $8.00 per hour to $9.00 per hour; Level #2 increased from $8.50 per hour to $10.00 per hour; Level 3 increased from $9.00 per hour to $11.00 per hour and Level #4 increased $10.00 per hour to $12.00 per hour. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Ollie Overton, to authorize the President to sign an amended services agreement concerning adjudicated properties between Rapides Parish Police Jury, City of Alexandria, Rapides Parish Sheriff, Rapides Parish School Board, Library Board, Red River Atchafalaya Bayou Boeuf Levee District, Fire Protection District No. 2, Gravity Drainage District No. 1 and City of Pineville, so as to add the Town of Ball, pending approval of Legal Counsel. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, there being no further business, the meeting be adjourned at 4:00 p.m.
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