Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
November 10, 2014 other
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pg. 1 Police Jury Meeting Room 2nd Floor, Parish Courthouse
Posted November 6, 2014
REGULAR SESSION
NOVEMBER 10, 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 October 13, 2014 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (FINANCE 11/3)
- Motion to recognize Ms. Lauren James, Rapides Parish Fair Queen. (FINANCE 11/3)
- Recognize Mr. Michael Jenkins for an update on the Hotel Bentley renovations. (COURTHOUSE 11/3)
- Recognize Mr. Jamie Mayo, candidate for U.S. Representative, 5th Congressional District. (Mr. Bishop)
- Recognize Dr. Ralph Abraham, candidate for U.S. Representative, 5th Congressional District. (Mr. Bishop) REGULAR MEETING NOVEMBER 10, 2014
pg. 2
- Motion to discuss the Coliseum Project and recognize Mr. Jimbo Thiels, Coliseum Authority and Mr. Bill Tudor, Alliance Design, LLC. (FINANCE 11/3)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Parts of Lots thirteen (13) and fourteen (14) of Block 61, Kilpatrick Addition, bearing the municipal address of 1209 Blythe Street, Alexandria, to Robert Abbott for the consideration of $5,333.33 cash. (FINANCE 11/3)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property located on Lot thirteen (13) of Crepe Myrtle Subdivision, bearing the municipal address of 309 Prince Street, Pineville, to Christina Edwards for the consideration of $3267.17 cash. (FINANCE 11/3)
- Motion to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below: TAX DEBTOR DESCRIPTION Joseph Nallie Metoyer Lots Eighteen (18) and Nineteen Married to Lula Evans (19) of Shadylane Subdivision, Being a subdivision of Lot Six (6) of Block Two (2) of Home Acres Subdivision Bearing Municipal address: 3343 Tulane Avenue, Alexandria (FINANCE 11/3)
- Motion to accept the withdrawal of the quote from Mark D. Setliff, T.L Construction, LLC, and award to the next lowest quote, Glendon Normand Construction for $27,390.00, 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. (FINANCE 11/3)
- Motion to change the name of the New Light Church Road from its intersection with Hall Road, approximately 600 feet, to J.L. Tucker Road, as requested by the Rapides Area Planning Commission and approved by the Public Works Director. (Petition received) (FINANCE 11/3)
- Motion to authorize the Treasurer to amend all 2014 budgets as necessary. (FINANCE 11/3) REGULAR MEETING NOVEMBER 10, 2014
pg. 3
- Motion to purchase a 2015 Ford F450 Cab and Chassis under the current City of Alexandria Contract No. 1986 in the amount of $36,505.00 to replace a 2003 F450, to be paid from Fire District No. 2 funds, as recommended by Rapides Parish Fire District No. 2 Fire Chief. (FINANCE 11/3)
- Motion to reject all bids and readvertise for the FY 2013 LCDBG Program No. 724753, Airbase Road Phase II Sewer System Improvements construction project, as recommended by Meyer, Meyer, LaCroix & Hixson, Project Engineers. (FINANCE 11/3)
- Public Works Director's Report. (PUBLIC WORKS 11/3)
- Motion to waive the thirty day announcement rule and appoint Mr. Ralph Roach to the Library Board of Control for a five (5) year term to fill the expired term of Mr. Eddy Boddie, representing District C. Term expired September 14, 2014. (WORKFORCE 11/3)
- Motion to waive the thirty day announcement rule and reappoint Ms. Bonnie Lemoine to the Rapides Finance Authority Board for a six (6) year term. Term will expire December 8, 2014. (WORKFORCE 11/3)
- Motion to waive the thirty day announcement rule and reappoint Mr. Eugene Jones to the Rapides Finance Authority Board for a six (6) year term. Term will expire December 8, 2014. (WORKFORCE 11/3)
- Motion to authorize a resolution of final acceptance for the Cloverdale/Grundy-Cooper SWFC Project Phase III, State Project No. 57640-0015(333)/H.003567 as recommended by Project Engineer and Public Works Director. (GRANTS 11/3)
- Motion to approve participation and authorize OHSEP Director to administer, designate Project Director and sign related documents for the 2014 State Homeland Security Grant Program (EMW-2014-SS-00045-So1, CFDA#97.067). Administration will be in accordance with grant guidelines. TOTAL AWARD AMT: $ 67,602.00 (GRANTS 11/3) REGULAR MEETING NOVEMBER 10, 2014
pg. 4
- Motion to receive the required report from Acadian Ambulance under the Contract for September 2014:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 460 80% 88.26% Pineville - 8 minute 161 80% 81.37% Rapides - 12 minute 235 80% 88.09% Rapides - 20 minute 166 80% 83.13% (INSURANCE 11/3)
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 authorize to advertise for bids for “Timberlake Subdivision Street Repairs Phase II” (Bid No. 2394), to be paid from Ward 1 District E Maintenance Funds as budgeted as recommended by the Public Works Director and Project Engineer. (Mr. Vanderlick)
- Motion to authorize the development of a Spill Prevention and Control Countermeasure Plan for the Rapides Parish Highway Department Facility at 8051 Highway 28 West, Alexandria, LA at a cost not to exceed $2,500.00 as recommended by the Public Works Director, to be paid from Road and Bridge Funds. (Mr. Smith)
- Motion to send a request to the Secretary of State Office to relocate the polling place of Voting Precincts N10 A-K, N10 L-Z and N12, J.I. Barron Sr. Elementary School to the new school construction site. Still at the present address, 3655 Trinity Church Road, Pineville, just moved on campus to new building, to advertise change in The Alexandria Daily Town Talk and authorize submission of the polling place change to the Secretary of State and US Department of Justice for preclearance and authorize the President to sign same. (This will allow voters better accommodations, especially with regards to handicapped access, less distance walking and security of the Rapides Parish School Board and Registrar of Voters for Rapides Parish equipment.) (Mr. Bishop)
REGULAR MEETING
NOVEMBER 10, 2014
pg. 5
- Motion to enter into an Intergovernmental Agreement with the Village of McNary for the Parish Highway Department to repair the shoulders of the road on West Cady Avenue, as requested by the Village of McNary, to be paid out of town’s portion of Road District 1A funds, and authorize the President to sign same. (Mr. Billings)
- Motion to revoke excess right-of-way in front of Lots 29 and 30 of Hidden Path Subdivision and reduction of setback from 50 feet to 25 feet, to cause plat to properly reflect subdivision restrictions, pending Legal Counsel approval. (Mr. Bishop)
- Motion to go into Executive Session to discuss pending litigation against the City of Alexandria regarding the Coliseum issue. (Mr. Bishop)
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
November 10, 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, November 10, 2014 , at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Joe Bishop, President, Davron “Bubba” Moreau, Vice President, and Police Jurors Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings and Scott Perry, Jr.
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; Mr. Shane Trapp, Cour thouse 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 Chief Randy McCain, Fire District #2.
The Pledge of Allegiance was led by Retired Judge Phillip Terrell, Candidate for Rapides Parish District Attorney.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Joe Bishop, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any Public Comment on any Agenda Item, to which there was no response.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on October 13, 2014 as published in the Official Journal. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, that approved bills be paid. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to accept the Treasurer’s Report. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to recognize Ms. Lauren James, 2014 Rapides Parish Fair Queen. No vote was taken on the motion.
REGULAR MEETING
NOVEMBER 10, 2014
Mr. Craig Smith, Mr. Joe Bishop and Mr. Jimbo Thiels, Coliseum Authority, presented Ms. Lauren James with a plaque for placing as 2014 Rapides Parish Fair Queen.
The next item on the agenda was to recognize Judge Donald Johnson, 9th Judicial District Court, Division A and presentation of plaque.
Mr. Joe Bishop and Mr. Ollie Overton presented Judge Donald Johnson with a plaque, thanked him for his years of service and congratulated him on his retirement.
The next item on the agenda was to recognize Judge Harry Randow, 9th Judicial District Court, Division G and presentation of plaque.
Mr. Joe Bishop and Mr. Ollie Overton presented Judge Harry Randow with a plaque, thanked him for his years of service and congratulated him on his retirement.
The next item on the agenda was to recognize Mr. James “Jam” Downs, District Attorney and presentation of plaque.
Mr. James “Jam” Downs was not present.
The next item on the agenda was to recognize Mr. Michael Jenkins for an update on the Hotel Bentley renovations.
Mr. Michael Jenkins, owner of Hotel Bentley, gave a brief update on the status of the renovations of the Hotel.
The next item on the agenda was to recognize Mr. Jamie Mayo, candidate for U.S. Representative, 5th Congressional District.
Mr. Jamie Mayo gave a brief update on his candidacy for U.S. Representative for the 5th Congressional District and asked for the Jury’s support.
The next item on the agenda was to recognize Dr. Ralph Abraham, candidate for U.S. Representative, 5th Congressional District.
Mr. Ralph Abraham was not present.
Mr. Joe Bishop, President, recognized Retired Judge Phillip Terrell.
Mr. Terrell thanked the Jury for their help and requested their support for his candidacy for Rapides Parish District Attorney.
The next item was omitted from the agenda.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, the following ordinance was presented and on vote unanimously adopted: Sale of Adjudicated Property
ORDINANCE
REGULAR MEETING
NOVEMBER 10, 2014
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A certain piece, parcel or tract of ground, being, lying and situated in Rapides Parish, Louisiana, Louisiana, together with all buildings and improvements thereon situated, and being described as part of Lots 13 and 14 of Block 61, Kilpatrick Addition to the City of Alexandria, running back therefrom between equal parallel lines a distance of 169.35 feet to the rear, being 43.95 feet of Lot 13, adjacent to Lot 14, and 26.05 feet of Lot 14, adjacent to Lot 13, being that property acquired by Edwin O. Ware, Jr., by acts recorded at Conveyance Book 125, Page 138, and Conveyance Book 156, Page 419, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 1209 Blythe Street, Alexandria, LA 71301
married to and living in community with Ann Frances Abbott
FOR THE
CONSIDERATION OF $5,333.33 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of ground, being, lying and situated in Rapides Parish, Louisiana, Louisiana, together with all buildings and improvements thereon situated, and being described as part of Lots 13 and 14 of Block 61, Kilpatrick Addition to the City of Alexandria, Rapides Parish, Louisiana, fronting 70 feet on Blythe Street, and running back therefrom between equal parallel lines a distance of 169.35 feet to the rear, being 43.95 feet of Lot 13, adjacent to Lot 14, and 26.05 feet of Lot 14, adjacent to Lot 13, being that property acquired by Edwin O. Ware, Jr., by acts recorded at Conveyance Book 125, Page 138, and Conveyance Book 156, Page 419, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 1209 Blythe Street, Alexandria, LA 71301
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ROBERT ABBOTT, married to and living in community with Ann Frances, to purchase said property for the consideration of $5,333.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or twothirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to ROBERT ABBOTT, married to and living in community with Ann Frances, for the offered consideration. REGULAR MEETING NOVEMBER 10, 2014
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of ground, being, lying and situated in Rapides Parish, Louisiana, Louisiana, together with all buildings and improvements thereon situated, and being described as part of Lots 13 and 14 of Block 61, Kilpatrick Addition to the City of Alexandria, Rapides Parish, Louisiana, fronting 70 feet on Blythe Street, and running back therefrom between equal parallel lines a distance of 169.35 feet to the rear, being 43.95 feet of Lot 13, adjacent to Lot 14, and 26.05 feet of Lot 14, adjacent to Lot 13, being that property acquired by Edwin O. Ware, Jr., by acts recorded at Conveyance Book 125, Page 138, and Conveyance Book 156, Page 419, records of Rapides Parish, Louisiana.
Municipal Address of the Property: 1209 Blythe Street, Alexandria, LA 71301
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47: 2206 A. (2). REGULAR MEETING NOVEMBER 10, 2014
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47: 2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including REGULAR MEETING NOVEMBER 10, 2014
without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47: 2207 B. and the writing constituting the donation shall be that which is included in R.S. 47: 2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
REGULAR MEETING
NOVEMBER 10, 2014
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any 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 10th day of November, 2014.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:
Sale of Adjudicated Property
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
A certain piece, parcel or tract of land, together with all buildings and improvements thereon, all rights, ways and privileges appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows:
Lot Thirteen (13) of Crepe Myrtle Subdivision, as per plat recorded in Plat Book 16, page 30, Records of Rapides Parish, Louisiana.
The subject has ten (10’) foot utility easement along the back of the property line, being five (5’) feet each side of the property line.
71360
Married to and living in Community with Peter Edwards
FOR THE
CONSIDERATION OF $3,267.17 CASH
REGULAR MEETING
NOVEMBER 10, 2014
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or tract of land, together with all buildings and improvements thereon, all rights, ways and privileges appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows:
Lot Thirteen (13) of Crepe Myrtle Subdivision, as per plat recorded in Plat Book 16, page 30, Records of Rapides Parish, Louisiana.
The subject has ten (10’) foot utility easement along the back of the property line, being five (5’) feet each side of the property line.
71360
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 CHR ISTINA EDWARDS, married to and living in Community with Peter Edwards, to purchase said property for the consideration of $ 3,267.17 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and c osts 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 CHRISTINA EDWARDS, married to and living in Community with Peter Edwards, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or tract of land, together with all buildings and improvements thereon, all rights, ways and privi leges appertaining, being, lying and situated in Rapides Parish, Louisiana, and being more particularly described as follows:
Lot Thirteen (13) of Crepe Myrtle Subdivision, as per plat recorded in Plat Book 16, page 30, Records of Rapides Parish, Louisiana.
The subject has ten (10’) foot utility easement along the back of the property line, being five (5’) feet each side of the property line.
71360
Rapides Parish, Louisiana, should be re -entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all name s and last known REGULAR MEETING NOVEMBER 10, 2014
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 succ essful 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 noti ce 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 filin g 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 REGULAR MEETING NOVEMBER 10, 2014
notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the r equest of the acquiring person.
Section 7. At any time after the expiration of the sixty -day or six -month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/ or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self -operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constitut ing 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.
REGULAR MEETING
NOVEMBER 10, 2014
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 acqui ring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47: 2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liab le 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 10 th day of November, 2014.
REGULAR MEETING
NOVEMBER 10, 2014
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below: TAX DEBTOR DESCRIPTION Joseph Nallie Metoyer Lots Eighteen (18) and Nineteen Married to Lula Evans (19) of Shadylane Subdivision, Being a subdivision of Lot Six (6) of Block Two (2) of Home Acres Subdivision Bearing Municipal address: 3343 Tulane Avenue, Alexandria On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to accept the withdrawal of the quote from Mark D. Setliff, T.L Construction, LLC, and award to the next lowest quote, Glendon Normand Construction for $27,390.00, 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. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to change the name of the New Light Church Road from its intersection with Hall Road, approximately 600 feet, to J.L. Tucker Road, as requested by the Rapides Area Planning Commission and approved by the Public Works Director. (Petition received) On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to authorize the Treasurer to amend all 2014 budgets as necessary. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to purchase a 2015 Ford F450 Cab and Chassis under the current City of Alexandria Contract No. 1986 in the amount of $36,505.00 to replace a 2003 F450, to be paid from Fire District No. 2 funds, as recommended by Rapides Parish Fire District No. 2 Fire Chief. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, to reject all bids and re-advertise for the FY 2013 LCDBG Program No. 724753, Airbase Road Phase II Sewer System Improvements construction project, as recommended by Meyer, Meyer, LaCroix & Hixson, Project Engineers. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, Public Works Director's Report. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to waive the thirty day announcement rule and appoint Mr. Ralph Roach to the Library Board of Control for a five (5) year term to fill the expired term of Mr. Eddy Boddie, representing District C. Term will expire September 14, 2019. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith, to waive the thirty day announcement rule and reappoint Ms. Bonnie Lemoine to the REGULAR MEETING NOVEMBER 10, 2014
Rapides Finance Authority Board for a six (6) year term. Term will expire December 8, 2020. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to waive the thirty day announcement rule and reappoint Mr. Eugene Jones to the Rapides Finance Authority Board for a six (6) year term. Term will expire December 8, 2020. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to authorize a resolution of final acceptance for the Cloverdale/Grundy-Cooper SWFC Project Phase III, State Project No. 576-40-0015(333)/H.003567 as recommended by Project Engineer and Public Works Director. Resolution is as follows:
RESOLUTION & PROJECT ACCEPTANCE
STATE PROJECT NO. 576-40-0015 (333)/H.003567 PARISH OF RAPIDES, LOUISIANA
WHEREAS, the Rapides Parish Police Jury contracted with Twin Bridges Construction, Inc. to complete State Project No. 576-40-0015(333)/H.003567 Flood Control Improvements Cloverdale & Grundy Cooper Subdivision Phase IIIImprovements to (Phase III of State Project No. 576-40-0015(333)/H.003567) in accordance with the current bid laws of the State of Louisiana, including, but not limited to R.S. 38:2211 et seq; and WHEREAS, the contract between the Rapides Parish Police Jury and Twin Bridges Construction, Inc. has been successfully completed. NOW THEREFORE, BE IT RESOLVED by the Rapides Parish Police Jury, in regular session, assembled on this 10th day of November, 2014, that the contract is hereby accepted by the Rapides Parish Police Jury.
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, to approve participation and authorize OHSEP Director to administer, designate Project Director and sign related documents for the 2014 State Homeland Security Grant Program (EMW-2014-SS-00045-So1, CFDA#97.067). Administration will be in accordance with grant guidelines. TOTAL AWARD AMT:$ 67,602.00. On vote the motion carried.
On motion Mr. Richard Billings, seconded by Mr. Craig Smith, to receive the required report from Acadian Ambulance under the Contract for September 2014:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 460 80% 88.26% Pineville - 8 minute 161 80% 81.37% Rapides - 12 minute 235 80% 88.09% Rapides - 20 minute 166 80% 83.13%
On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, that the REGULAR MEETING NOVEMBER 10, 2014
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, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton Jr., Sean McGlothlin, Richard Billings, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: none
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to authorize to advertise for bids for “Timberlake Subdivision Street Repairs Phase II” (Bid No. 2394), to be paid from Ward 1 District E Maintenance Funds as budgeted as recommended by the Public Works Director and Project Engineer. On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau, to authorize the development of a Spill Prevention and Control Countermeasure Plan for the Rapides Parish Highway Department Facility at 8051 Highway 28 West, Alexandria, LA at a cost not to exceed $2,500.00 as recommended by the Public Works Director, to be paid from Road and Bridge Funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, to send a request to the Secretary of State Office to relocate the polling place of Voting Precincts N10 A-K, N10 L-Z and N12, J.I. Barron Sr. Elementary School to the new school construction site. Still at the present address, 3655 Trinity Church Road, Pineville, just moved on campus to new building, to advertise change in The Alexandria Daily Town Talk and authorize submission of the polling place change to the Secretary of State and US Department of Justice for preclearance and authorize the President to sign same. (This will allow voters better accommodations, especially with regards to handicapped access, less distance walking and security of the Rapides Parish School Board and Registrar of Voters for Rapides Parish equipment.) On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into an Intergovernmental Agreement with the Village of McNary for the Parish Highway Department to repair the shoulders of the road on West Cady Avenue, as requested by the Village of McNary, to be paid out of town’s portion of Road District 1A funds, and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to revoke excess right-of-way in front of Lots 29 and 30 of Hidden Path Subdivision and reduction of setback from 50 feet to 25 feet, to cause plat to properly reflect subdivision restrictions, pending Legal Counsel approval. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to add REGULAR MEETING NOVEMBER 10, 2014
the following motions to the agenda, received after the Jury Meeting agenda was posted in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by unanimous vote:
Roll call vote was as follows:
YEAS: Joe Bishop, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: none On vote the motion carried unanimously.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to call for a Public Hearing on December 8th at 3:00 p.m. to discuss the proposed Rapides Parish Police Jury 2015 Budget. On vote the motion carried.
Mr. Richard Billings stated at a conferen ce in Montana last week, a very important topic was discussed on the “Waters of the U.S.” and the impact it would have on Rapides Parish. He called for the Jury to oppose the bill being introduced and stated we had until November 14 th to let Legislation k now how we feel about this act.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to send a letter and adopt a resolution strongly opposing the proposed “Definition of ‘Waters of the United States’ Under the Clean Water Act.”(40 CFR 230.3) (Docket No. EPA-HQ-OW- 2011-0880 in the Federal Register) Copy of resolution to be sent to our Louisiana Legislative Delegation, Police Jury Association, U.S. Army Corps of Engineers and Environmental Protection Agency. On vote the motion carried unanimously.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to go into Executive Session to discuss pending litigation against the City of Alexandria regarding the Coliseum issue.
Roll call vote was as follows:
YEAS: Joe Bishop, Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings, Scott Perry, Jr. NAYS: none ABSTAINED: none ABSENT: none
On roll call vote the motion carried at 3:58 p.m.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to call the meeting back in open session at 4:19. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to direct Mr. Chris Guillet, Legal Counsel on th e Coliseum issue, to move forward with the REGULAR MEETING NOVEMBER 10, 2014
negotiations with the City of Alexandria, pertaining to the Coliseum renovation project and authorize the President to sign any and all necessary documents. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, there being no further business, the meeting was adjourned at 4:22 p.m.
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