Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
July 11, 2016 other
Open official PDF ↗ 11 pages sha256:2c5f13b76fb3…
Posted July 7, 2016
REGULAR SESSION
JULY 11, 2016 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on June 13, 2016 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report. (FINANCE 7/5)
- Recognize and present a plaque to Chancellor Daniel Howard, LSU Alexandria. (Mr. Overton)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Three (3) of Square Twenty-Two
- (22) of the West Alexandria addition to the City of Alexandria, Fronting Fifty-Five (55) feet on Levin Street and extending back therefrom between parallel lines One Hundred Eleven and Sixteen/One-Hundredth’s (111.16) feet to Lot Five (5), bearing the municipal address of 1520 Levin Street, Alexandria to Sandra Augustine for the consideration of $3,133.33 cash. (FINANCE 7/5) REGULAR MEETING JULY 11, 2016
pg. 2
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot “C” of a re-subdivision of Lot Twenty-Three (23) of Square Five (5) of Willow Glen Plantation address of 5016 Morgan Street, Alexandria, to Mr. Frank Johnson for the consideration of $826.71 cash. (FINANCE 7/5)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Four (4) of Block Five (5) of the Willow Glenn Plantation Subdivision, Division of Lots Twenty-Five (25) and Twenty-Six (26) and part of Lots Twenty-three (23) and Twenty-four (24), Section No. One (1), situated in Section Forty-One (41) T3NR1W as recorded in Plat Book Seven (7), Page Thirty-three (33), bearing the Robinson, Jr., for the consideration of $585.27 cash. (FINANCE 7/5)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of a certain piece, parcel or lot of ground, being, lying and situated in the Woodside Addition to the City of Alexandria, Rapides Parish, Louisiana, being lot fourteen (14) of Square two
- (2) of said Woodside addition, as per (Plat duly of record in Plat Book Five (5), page two hundred-eight (208) of the record of Rapides Parish Louisiana, together with all building and improvements thereon, rights of way and privileges thereunto appurtenant, bearing the municipal address of 3611 Napoleon Street, Alexandria, to Adam and Bonita Carmouche, Jr. for the consideration of $3,866.67 cash. (FINANCE 7/5)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lots Twenty-three (23) and Twentyfour (24) of Square one (1) of Vallie Heights Subdivision near the City of Pineville, per official plat thereof duly of record in the Plat Records of Rapides Parish, Louisiana, and being more particularly described as being Lots Twenty-three (23) and Twenty-four (24) of Square one (1) of Vallie Heights Subdivision near the City of Pineville, per official plat thereof duly of record in the Plat Records of Rapides Parish, Louisiana, bearing the municipal address of 120 Emma Street, Pineville, to Deana Hovnatanian for the consideration of $1,183.28 cash. (FINANCE 7/5)
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pg. 3
- Motion to approve Project #2457 – Bayou Road Drainage Improvements as substantially complete and start the Forty-Five (45) day lien period as recommended by the Engineer. (FINANCE 7/5)
- Motion to reallocate the tax proceeds from the Sales Tax District No. 3 tax election of April 11, 2011, to be reallocated annually every year in July, according to the population estimates as submitted to the Treasurer of the State of Louisiana by the LSU AgCenter, Department of Agricultural Economics and Agribusiness and Dr. Troy C. Blanchard, from the LSU Department of Sociology also referred to as the Federal/State Cooperative Population. The Federal/State Cooperative Population study dated July 1, 2015 to be used to reallocate provides the following population estimates:
Rapides Parish 131,935 Town of Ball 4,000 Town of Boyce 1,004 Town of Cheneyville 625 Village of Forest Hill 843 Town of Glenmora 1,354 Town of Lecompte 1,248 Village of McNary 211 Town of Woodworth 1,617
City of Alexandria 47,967 City of Pineville 14,555 (FINANCE 7/5)
- Motion to ratify authorization for the President to sign any and all necessary documents to finalize the purchase of property for Rapides Parish Fire District #10 as approved in the Rapides Parish Police Jury Meeting held on May 17, 2016. (FINANCE 7/5)
- Motion to adopt a resolution making application to the State Bond Commission for consent and authority to issue, sell and deliver not exceeding $250,000 of Limited Tax Certificate of Indebtedness (the "Certificate"), of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana, all in the manner provided for by Chapter 14A of Title 39 and Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, providing for the employment of bond counsel; and providing for other matters in connection therewith. (FINANCE 7/5) REGULAR MEETING JULY 11, 2016
pg. 4
- Motion to authorize to advertise to purchase Three (3) Tanker Trucks for Rapides Parish Fire District # 5, secure financing and authorize the President to sign all necessary documents. (FINANCE 7/5)
- Receive an update on the Huddleston Smith Investment Contract. (FINANCE 7/5)
- Motion to accept the Public Works Director's Report. (PUBLIC WORKS 7/5)
- Motion to authorize Mrs. Amy Mimes, 105 Hall Road, Pineville, LA 71360 as a Hardship Case, pending proper certification. (PUBLIC WORKS 7/5)
- Motion to ratify authorization for the President to sign an amendment to the Participating Agreement between the Rapides Parish Police Jury and the USDA, Forest Service, Calcasieu Ranger District, Kisatchie National Forest, FS Agreement No. 12-PA-11080602-026, to extend the date to August 8, 2017, as recommended by the Public Works Director. (PUBLIC WORKS 7/5)
- Motion to establish the Catahoula Lake Game and Fish Preserve Commission as authorized by Act 173 (SB 261) 2016 Regular Session of the Louisiana Legislature. (PUBLIC WORKS 7/5) Amended motion to adopt a resolution establishing the Rapides ParishLaSalle Parish Catahoula Lake Game and Fish Preserve jointly with the Parish of LaSalle, creating a commission, appointing three commissioners representing Rapides Parish, and otherwise provide with respect thereto.
BE IT RESOLVED by the Rapides Parish Police Jury duly assembled in Regular Session convened on the 11th day of July, 2016 that:
Section 1. Catahoula Game and Fish Preserve Established.
By virtue of the authority of the authority conferred by Louisiana Revised Statutes LA R.S. 56:721, as amended by Act No. 173 of the 2016 Regular Session of the Louisiana State Legislature et seq. and other constitutional and statutory authority supplemental thereto, there is hereby established a Rapides Parish-LaSalle Parish REGULAR MEETING JULY 11, 2016
pg. 5
Catahoula Lake Game and Fish Preserve, subject to the concurrence of the LaSalle Parish Police Jury.
Section 2. Commission Created.
There is hereby created pursuant to R.S. 56:722(A) as amended by Act No. 173 of the 2016 Regular Session of the Louisiana State Legislature et seq. and other constitutional and statutory authority supplemental thereto a Rapides ParishLaSalle Parish Catahoula Lake Game and Fish Commission. The said Commission shall have all of the powers, duties and functions granted and conferred to game and fish commissions by the statutes of the State of Louisiana in relation to the Rapides Parish-LaSalle Parish Catahoula Lake Game and Fish Preserve.
Section 3. Appointments.
The Rapides Parish Police Jury hereby appoints three (3) citizens and taxpayers to the Rapides Parish-LaSalle Parish Catahoula Game and Fish Commission, representing Rapides Parish, whose terms shall be concurrent with that of the appointing governing authority, the Rapides Parish Police Jury. The three citizens appointed are Tim Ware, Don Clair and Dewayne Lofton.
BE IT FURTHER RESOLVED that the LaSalle Parish Police Jury is urged to concur in this creation and to take action to appoint commissioners to the Commission representing LaSalle Parish, to do any and all things necessary for the conversation, protection and promulgation of game and fish in the Catahoula Lake Game and Fish Preserve.
- Motion to appoint Tim Ware, Don Clair and Dewayne Loften to the Catahoula Lake Game and Fish Preserve Commission. (PUBLIC WORKS 7/5)
- Motion to grant approval to Libuse Cutoff-Phase II, located off Libuse Cutoff 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 7/5)
- Motion to grant approval to Upper Boy Scout Estates, located on Upper Boy Scout 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 7/5)
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pg. 6
- Motion to approve Change Order No. 1 for the construction contract with Diamond B Construction Co., LLC for the Coughlin Industrial ComplexPhase IV Project, for an increased amount of $12,250.00, for additional fill material to address slope erosion, as recommended by the Engineer, Meyer, Meyer, LaCroix and Hixson, pending approval from the Office of Facility Planning and Control and authorize the President to sign same. (PUBLIC WORKS 7/5)
- Motion to approve Change Order No. 1 to the construction contract with Cecil D. Gassiott, LLC., for the City of Pineville, Location No. 1Wastewater Treatment Plant Outflow, Project No. 40PARA3304, for an increased amount of $111,306.57 for additional work items, additional work required to ensure proper pump station operation, work to include screening to ensure debris capture to elimination pump, clogging issues and to extend the contract by 812 days, as approved by Pan American Engineers, Project Engineer and authorize the President to sign same. (PUBLIC WORKS 7/5)
- Motion to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide forty
- (40) hours of cleaning of various public drainage ditches as requested by the Town of Woodworth, with all costs to be paid out of town’s portion of Road District 2C funds and authorize the President to sign same. (WORKFORCE 7/5)
- Motion to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide thirtytwo (32) hours of hand cleaning of various public drainage ditches as requested by the Town of Woodworth, with all costs to be paid out of town’s portion of Road District 2C funds and authorize the President to sign same. (WORKFORCE 7/5)
- Motion to authorize submitting a grant application to the Volunteer Fire Assistance Program administered through The Department of Agriculture & Forestry, Office of Forestry, requesting matching funds of $2,362.50, for three (3) sets of turnout gear, as requested by the Ruby-Kolin Volunteer Fire Department Board of Directors and authorize the President to sign same. (GRANTS 7/5)
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pg. 7
- Motion to authorize participation in the Emergency Management Performance Grant (EMPG 2016), Grant #EMT-2016-EP-00003-S01, to be administered by the Rapides Parish Homeland Security and Emergency Preparedness Office and to authorize the OHSEP Director to sign related documents. (GRANTS 7/5)
- Motion to authorize to enter into an Intergovernmental Agreement with the LSU AgCenter, to provide the necessary equipment and labor for set up, disassemble, clean up and otherwise provide maintenance not available to the LSU AgCenter for the public purpose of maintaining and improving properties owned by LSU AgCenter as permitted under the Local Services Law and the requesting party agrees to reimburse the incurred expenses. (PAROCHIAL 7/5)
- Motion to hold a public hearing September 12, 2016, on proposed condemnation of the following property in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. SERVICE REPORT:_______________
OWNER LOCATION & DESCRIPTION
Mr. Jimmie F. Price Unsafe, unsanitary and dilapidated structure (PAROCHIAL 7/5)
- Motion to hold a public hearing September 12, 2016, on proposed condemnation of the following property in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. SERVICE REPORT:_______________
OWNER LOCATION, DESCRIPTION
Ms. Susan King Unsafe, unsanitary and dilapidated structure Section 78, T4N-R1W, Ward 8, Rapides Parish (PAROCHIAL 7/5)
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- Motion to hold a public hearing September 12, 2016, on proposed condemnation of the following property in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. SERVICE REPORT:______________
OWNER LOCATION, DESCRIPTION
Mr. Faeq A. Gheith Unsafe, unsanitary and dilapidated structure Alexandria LA 71301 Louisiana Section 4, T3N-R1W, Ward 1, Rapides Parish (PAROCHIAL 7/5)
- Motion to notify District Attorney Phillip Terrell under the provisions of Section 13 of the LACE agreement executed on July 6, 2015 that due to budgetary concerns the Rapides Parish Police Jury hereby exercises its right to withdraw from the LACE agreement effective June 30, 2016. (PAROCHIAL 7/5)
- Motion to accept the donation from Deville Volunteer Fire Department to the Rapides Parish Police Jury the property described below and authorize the President to sign all necessary documents:
Commencing at the south quarter corner of Section Thirty-Seven (37); thence proceed S89° – Thirty-Six (36) feet Zero (0) inches East at a distance of Eight Hundred and Seventy (870) feet; thence proceed N00°- Eight (8) feet zero (0) inches East a distance of Three Hundred seventeen and one half (317.5) feet to a one-half (1/2) iron rod; then proceed N33° - Forty-Nine (49) feet and Zero (0) inches East a distance of Three Hundred and Thirty Two and ninetyeight one-hundredths (332.98) feet to a one-half (1/2) inch iron rod, said point being the POINT OF BEGINNING thence proceed N01° - Sixteen (16) feet Nine (9) inches East a distance of Ninety-Four and ninety-five one hundredths (94.95) feet to a one-half (½) inch iron rod; then proceed S89° - Eighteen (18) feet Fifty-Nine (59) inches East a distance of Sixty-One (61) feet to a one-half (1/2) inch iron rod; Thence proceed S33° - Forty-nine (49) feet and Zero (0) inches West a distance of One hundred and thirteen and thirty-eight onehundredths (113.38) feet back to the POINT OF BEGINNING and being that certain 0.066 acre tract of land shown on survey by Mathew E. Phillips, dated April 7, 2016. (PAROCHIAL 7/5)
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- Motion to authorize legal counsel, Assistant District Attorney, Steven Mansour to enter into a compromise settlement for the dismissal with prejudice of the lawsuit, Rapides Parish Police Jury vs. Hidden Treasure Cottages and RV Resort, LLC, Gary W. Barth, Kathleen Poret Barth, Max
- A. Powell and Linda Sontag Powell, Civil Suit No. 255,584, Ninth Judicial District Court, in exchange for the defendants waiving all claims or potential claims against the Rapides Parish Police Jury. (PAROCHIAL 7/5)
- Motion to reappoint Mr. David Bates to the Waterworks District 11A Board for a five (5) year term. Term will expire July 8, 2021. (PERSONNEL 7/5)
- Motion to appoint Ms. Gwen Cope to the Library Board of Control for a five (5) year term to fill the expiring term of Mr. Glen Rechs, representing District A. Term will expire July 9, 2021. (PERSONNEL 7/5)
- Motion to reappoint Dr. Jerry Sanson, nominee of Louisiana State University, representing Higher Education, to the Fire District #2 Civil Service Board for a three (3) year term. Term will expire July 29, 2019. (PERSONNEL 7/5)
- Motion to create the position of Assistant Building Superintendent for the Courthouse, Jail and Maintenance Department. (PERSONNEL 7/5)
- Motion to receive the required report from Acadian Ambulance under the Contract for May, 2016:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 519 80% 86.51% Pineville - 8 minute 137 80% 82.48% Rapides - 12 minute 228 80% 87.72% Rapides - 20 minute 195 80% 83.59% (INSURANCE 7/5)
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- Motion to grant the 2% annual longevity pay increase mandated by the State for eligible Rapides Parish Fire Protection District No. 7 employees, effective August 1, 2016, to be paid out of Fire Protection District No. 7 Funds. (INSURANCE 7/5)
- Motion to grant the 2% annual longevity pay increase mandated by the State for eligible Rapides Parish Fire Protection District No. 2 employees, effective August 1, 2016, as recommended by Fire Chief McCain, to be paid out of Fire Protection District No. 2 funds. (INSURANCE 7/5)
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 WITH ROLL CALL
- Motion to approve a contract between Rapides Parish Police Jury (RPPJ) and the Louisiana Workforce Commission (LWC) in the amount of $55,000.00 to provide case management services to referrals from the Department of Children and Family Services (DCFS) for the period 7/1/2016-6/30/2017 and authorize the President to sign the contract and the Treasurer to amend the budget as necessary. (Mr. Bishop)
- Motion to terminate any prior contract with Huddleston Smith Wealth Management and to enter into a new investment agreement with Huddleston Smith Wealth Management as approved by the Parish Attorney and to authorize the President, Craig Smith, Treasurer, Bruce Kelly and Theresa Pacholik to execute the contract, corporate resolutions and related documents in connection therewith. (Mr. Smith)
- Motion to ratify all investments previously made by the Treasurer, Bruce Kelly and Theresa Pacholik on behalf of the Rapides Parish Police Jury. (Mr. Smith) REGULAR MEETING JULY 11, 2016
pg. 11
- Motion to authorize the Treasurer, Bruce Kelly to invest funds of the Rapides Parish Police Jury through Huddleston Smith Wealth Management, in accordance with the provisions of LSA R.S 33:2955. (Mr. Smith)
- Motion to approve Change Order No. 1 with Gilchrist Construction Parish to add Item No. 509 (1) Cold Planning Asphaltic Pavement (6” Thick) in the amount of 11,022 square yards at a unit price of $4.37 per square yard on the Rapides Station Road (Ward 8, District E) for an increased amount of $48,166.14, as recommended by the Public Works Director. (Mr. Vanderlick)
- Motion to award Bid #2486 (Purchase Tanker Truck) for Rapides Parish Fire District #8 to the lowest bidder, Vacuum Truck Sales for the amount of $199,969.00 as recommended by the Fire District Board and Chief. (Mr. Billings)
- Motion to authorize Parish OHSEP Director to sign MOU with American Red Cross defining working relationship between the American Red Cross and the Rapides Parish OHSEP and other departments with regard to preparing for, responding to, and recovering from emergencies and disasters. (Mr. Billings)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY AND WERE NOT POSTED ON THE AGENDA
BUT ARE NOW ADDED BY UNANIMOUS CONSENT WITH ROLL CALL
ADJOURNMENT
- In accordance with the Americans with Disabilities Act, if you need special assistance to attend this public meeting, please contact the Police Jury Office at
July 11, 2016 other
Open official PDF ↗ 36 pages sha256:9e306b528818…
The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of Monday, July 11, 2016, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Craig Smith, President, Scott Perry, Jr., Vice President, and Police Jurors; Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin and Richard Billings.
Also present were Mr. Bruce Kelly, Treasurer; Mr. Dennis Woodward, Public Works Director; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Donna Andries, Sales & Use Tax Administrator; Ms. Linda Sanders, Civil Service Director; Mr. Thomas O. Wells, Legal Counsel; Mr. Phillip Terrell, District Attorney and Ms. Laurel Smith, Secretary.
The invocation was given by Mr. Richard Billings.
The Pledge of Allegiance was led by Mr. Joe Bishop.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Craig Smith, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any public comment on any agenda item, to which there was no response.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on June 13, 2016 and in Special Session June 23, 2016, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, that approved bills be paid. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to recognize and present a plaque to Chancellor Daniel Howard, LSU of Alexandria.
Mr. Ollie Overton and Mr. Craig Smith presented a plaque to Chancellor Daniel Howard for his years of service to LSUA.
Chancellor Howard thanked the Rapides Parish Police Jury for their support for the years and thanks them for the plaque. REGULAR MEETING JULY 11, 2016
pg. 2
On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
Lot Three (3) of Square Twenty-Two (22) of the West Alexandria Addition to the City of Alexandria, fronting Levin Street 55 feet and extending back therefrom between parallel lines 111.16 feet to Lot Five (5).
Married to and living in Community with Johnnie Augustine
FOR THE
CONSIDERATION OF $3,133.33 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot Three (3) of Square Twenty-Two (22) of the West Alexandria Addition to the City of Alexandria, fronting Levin Street 55 feet and extending back therefrom between parallel lines 111.16 feet to Lot Five (5).
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 SANDRA AUGUSTINE, married to and living in community with Johnnie Augustine, to purchase said property for the consideration of $3,133.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to SANDRA AUGUSTINE, married to and living in community with Johnnie Augustine, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. Lot Three (3) of Square Twenty-Two (22) of the West Alexandria Addition to the City of Alexandria, fronting Levin Street 55 feet and extending back therefrom between parallel lines 111.16 feet to Lot Five (5).
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pg. 3
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property. REGULAR MEETING JULY 11, 2016
pg. 4
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
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pg. 5
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains REGULAR MEETING JULY 11, 2016
pg. 6
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 11th day of July, 2016.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A single man
FOR THE
CONSIDERATION OF $826.71 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot C of a re-subdivision of Lot 23 of Square 5 of Willow Glen Plantation Subdivision (PB-7-73), fronting 103.87 feet on Morgan Street in accordance with a certificate of survey by Daniel D. Sandefur, April 5, 1963.
A copy of said survey was attached to the Act of Sale dated February 8, 1971 and filed at COB 769, folio 778.
Municipal Address of the Property: 5016 Morgan Street, Alexandria, LA 71302
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 FRANK JOHNSON, a single man, to purchase said property for the consideration of $826.71 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 FRANK JOHNSON, a single man, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. Lot C of a re-subdivision of Lot 23 of Square 5 of Willow Glen REGULAR MEETING JULY 11, 2016
pg. 7
Plantation Subdivision (PB-7-73), fronting 103.87 feet on Morgan Street in accordance with a certificate of survey by Daniel D. Sandefur, April 5, 1963.
A copy of said survey was attached to the Act of Sale dated February 8, 1971 and filed at COB 769, folio 778.
Municipal Address of the Property: 5016 Morgan Street, Alexandria, LA 71302
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of: REGULAR MEETING JULY 11, 2016
pg. 8
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose. REGULAR MEETING JULY 11, 2016
pg. 9
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or REGULAR MEETING JULY 11, 2016
pg. 10
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 11th day of July, 2016.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
FOR THE
CONSIDERATION OF $585.27 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel, or lot of ground, being, lying and situated in the Parish of Rapides, State of Louisiana and being Lot 4 of Block 5 of the Willow Glenn Plantation Subdivision, Division of Lots 25 and 26 and part of Lots 23 and 24 Section No. 1, situated in Section 41 T. 3 N., R. 1 W., all as shown by plat of survey of said subdivision recorded in Plat Book 7, page 33, of the records of Rapides Parish, LA.
Municipal Address of the Property: 5015 Burnaman Street, Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from TOMMY ROBINSON, JR., to purchase said property for the consideration of $585.27 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 TOMMY ROBINSON, JR., for the REGULAR MEETING JULY 11, 2016
pg. 11
offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that: Section 1. A certain piece, parcel, or lot of ground, being, lying and situated in the Parish of Rapides, State of Louisiana and being Lot 4 of Block 5 of the Willow Glenn Plantation Subdivision, Division of Lots 25 and 26 and part of Lots 23 and 24 Section No. 1, situated in Section 41 T. 3 N., R. 1 W., all as shown by plat of survey of said subdivision recorded in Plat Book 7, page 33, of the records of Rapides Parish, LA.
Municipal Address of the Property: 5015 Burnaman Street, Alexandria, LA
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or 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
JULY 11, 2016
pg. 12
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 REGULAR MEETING JULY 11, 2016
pg. 13
implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit. REGULAR MEETING JULY 11, 2016
pg. 14
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 11th day of July, 2016.
On motion by Mr. Ollie Overton seconded by Mr. Richard Billings, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
A certain piece, parcel or lot of ground, being, lying and situated in the Woodside Addition to the City of Alexandria, Rapides Parish, Louisiana, and being Lot fourteen (14) of Square two (2) of said Woodside addition, as per plat duly of record in Plat Book 5, page 208, of the records of Rapides Parish, Louisiana, together with all buildings and improvements thereon, rights, way and privileges thereunto appurtenant.
Municipal Address of the Property: 3611 Napoleon Street, Alexandria, LA
FOR THE
CONSIDERATION OF $3,866.67 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 lot of ground, being, lying and situated in the Woodside Addition to the City of Alexandria, Rapides Parish, Louisiana, and being Lot fourteen (14) of Square two (2) of said Woodside addition, as per plat duly of record in Plat Book 5, page 208, of the records of Rapides Parish, Louisiana, together with all buildings and improvements thereon, rights, way and privileges thereunto appurtenant.
REGULAR MEETING
JULY 11, 2016
pg. 15
Municipal Address of the Property: 3611 Napoleon Street, Alexandria, LA
said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from ADAM and BONITA CARMOUCHE, JR., to purchase said property for the consideration of $3,866.67 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 ADAM and BONITA CARMOUCHE, JR., for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or lot of ground, being, lying and situated in the Woodside Addition to the City of Alexandria, Rapides Parish, Louisiana, and being Lot fourteen (14) of Square two (2) of said Woodside addition, as per plat duly of record in Plat Book 5, page 208, of the records of Rapides Parish, Louisiana, together with all buildings and improvements thereon, rights, way and privileges thereunto appurtenant.
Municipal Address of the Property: 3611 Napoleon Street, Alexandria, LA
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or 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 REGULAR MEETING JULY 11, 2016
pg. 16
the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable REGULAR MEETING JULY 11, 2016
pg. 17
if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
REGULAR MEETING
JULY 11, 2016
pg. 18
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 11th day of July, 2016.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY TO SELL
FOR THE
CONSIDERATION OF $1,183.28 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as:
REGULAR MEETING
JULY 11, 2016
pg. 19
A certain piece, parcel or lot of land, together with all buildings and improvements thereon situated, all rights, ways and privileges thereunto belonging, or in any way appertaining, being lying and situated in Rapides Parish, Louisiana, and being more particularly described as being Lots 23 and 24 of Square 1 of Vallie Heights Subdivision near the City of Pineville, per official plat thereof duly of record in the Plat 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 $1,183.28 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 DEANA HOVNATANIAN, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or lot of land, together with all buildings and improvements thereon situated, all rights, ways and privileges thereunto belonging, or in any way appertaining, being lying and situated in Rapides Parish, Louisiana, and being more particularly described as being Lots 23 and 24 of Square 1 of Vallie Heights Subdivision near the City of Pineville, per official plat thereof duly of record in the Plat 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. REGULAR MEETING JULY 11, 2016
pg. 20
47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of REGULAR MEETING JULY 11, 2016
pg. 21
cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, REGULAR MEETING JULY 11, 2016
pg. 22
and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any damages that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 11th day of July, 2016.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to approve Project #2457 – Bayou Road Drainage Improvements as substantially complete and start the Forty-Five (45) day lien period as recommended by the Engineer. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to reallocate the tax proceeds from the Sales Tax District No. 3 tax election of April 11, 2011, to be reallocated annually every year in July, according to the population estimates as submitted to the Treasurer of the State of Louisiana by the LSU REGULAR MEETING JULY 11, 2016
pg. 23
AgCenter, Department of Agricultural Economics and Agribusiness and Dr. Troy
- C. Blanchard, from the LSU Department of Sociology also referred to as the Federal/State Cooperative Population. The Federal/State Cooperative Population study dated July 1, 2015 to be used to reallocate provides the following population estimates:
Rapides Parish 131,935 Town of Ball 4,000 Town of Boyce 1,004 Town of Cheneyville 625 Village of Forest Hill 843 Town of Glenmora 1,354 Town of Lecompte 1,248 Village of McNary 211 Town of Woodworth 1,617
City of Alexandria 47,967 City of Pineville 14,555 On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to ratify authorization for the President to sign any and all necessary documents to finalize the purchase of property for Rapides Parish Fire District #10 as approved in the Rapides Parish Police Jury Meeting held on May 17, 2016. On vote the motion carried.
On motion by Mr. Richard Billings seconded by Mr. Ollie Overton, The following resolution was presented and unanimously adopted:
RESOLUTION
A resolution making application to the State Bond Commission for consent and authority to issue, sell and deliver not exceeding $250,000 of Limited Tax Certificate of Indebtedness (the "Certificate"), of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana, all in the manner provided for by Chapter 14-A of Title 39 and Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, providing for the employment of bond counsel; and providing for other matters in connection therewith.
WHEREAS, Chapter 14-A of Title 39 and Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, authorizes Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana (the "Issuer") to borrow money in anticipation of revenues to be realized from a special tax of twenty-six and four hundredths (26.04) mills, beginning with the year 2015 and ending with the year 2024, pursuant to an election held in the Issuer on October 19, 2013 (the "Tax") to be used only for the purpose for which the Tax is authorized; and
REGULAR MEETING
JULY 11, 2016
pg. 24
WHEREAS, the Issuer has no outstanding certificates or other obligations of any kind or nature payable from or enjoying a lien on any portion of the net revenues of the Tax herein pledged or secured by and payable from the Tax; and
WHEREAS, it is anticipated that the estimated net revenues from the Tax will amount to the sum of $323,148 and the annual debt service on the proposed Certificate at the maximum rate of 4% per annum will not exceed seventy five percent (75%) of the estimated income to be realized from the levy and collection of said special Tax during the period said Certificate is outstanding;
NOW THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana, that:
SECTION 1. Application be and the same is hereby formally made to the State Bond Commission for consent and authority for the Issuer, to issue, sell and deliver an amount not exceeding $250,000 of Limited Tax Certificate of Indebtedness, to bear interest at a rate or rates not exceeding four percent (4%) per annum, to mature no later than March 1, 2025, and to be sold at not less than 98% of the par value thereof, all in the manner provided for by Chapter 14-A of Title 39 and R.S. 39:1430 et seq. and other constitutional and statutory authority supplemental thereto, and shall be used for the purpose of (i) refunding the outstanding Limited Tax Certificate of Indebtedness, Series 2008, maturing March 1, 2017 and March 1, 2018, inclusive, (ii) acquiring fire protection equipment, and (iii) paying the costs of issuance of the Certificate. Said Certificate shall be secured by and payable solely from the Tax.
SECTION 2. A certified copy of this resolution shall be forwarded to said State Bond Commission by the Issuer's bond counsel, together with a letter requesting the prompt consideration and approval of this application. By virtue of applicant/issuer's application for acceptance and utilization of the benefits of the Louisiana State Bond Commission's approval resolved and set forth herein, it resolves that it understands and agrees that such approval is expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.", adopted by the Commission on July 20, 2006,as to the borrowing and other matter subject to the approval, including subsequent application and approval under said Policy of the implementation or use of any swap or other product or enhancement covered thereby.
SECTION 3. Prior to the delivery of the Certificate, the Issuer anticipates that it may pay a portion of the costs of the project from the General Fund or other moneys available to the Issuer. Upon the issuance of the Certificate, the Issuer reasonably expects to reimburse any such expenditures of other available funds from a portion of the proceeds of the Certificate. Any such allocation of proceeds of the Certificate for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150 1 [b]) and will be made upon the delivery of the Certificate REGULAR MEETING JULY 11, 2016
pg. 25
and not later than one year after the later of (i) the date such expenditure was paid or (ii) the date on which the Project was placed in service. This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150 2.
SECTION 4. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Certificate, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Certificate. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Certificate, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinions covering the legality of the issuance of the Certificate. The fee of Bond Counsel for each series of Certificate shall be fixed at a sum not exceeding the fee allowed by the Attorney General's fee guidelines for such bond counsel work in connection with the issuance of such series of revenue bonds and based on the amount of said Certificate actually issued, sold, delivered and paid for, plus "out of pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Certificate. The Secretary is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of, the engagement letter of Bond Counsel appended hereto. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Secretary is hereby empowered and directed to provide for payment of the work herein specified upon completion thereof and under the conditions herein enumerated.
This resolution having been submitted to a vote, the vote thereof was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Richard Vanderlick On roll call vote the motion carried 8-0.
And the resolution was declared adopted on this, the 11th day of July, 2016.
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT A
ENGAGEMENT LETTER
July 11, 2016
REGULAR MEETING
JULY 11, 2016
pg. 26
Hon. Craig Smith, President Police Jury of the Parish of Rapides State of Louisiana Indebtedness of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana
Dear Craig:
The purpose of this engagement letter is to set forth certain matters concerning the role we will serve and the legal services we will provide as bond counsel to Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana (the "Issuer") in connection with the issuance of the captioned bonds (the "Bonds"). We understand that the Bonds will be issued for the purpose of (i) refunding the outstanding Limited Tax Certificate of Indebtedness, Series 2008, maturing March 1, 2017 and March 1, 2018, inclusive, (ii) acquiring fire protection equipment, and (iii) paying the costs of issuance of the Certificate (the "Project").
As bond counsel, we will prepare and submit to the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana for adoption all of the legal proceedings required for the authorization, issuance, sale and delivery of the Bonds and provide advice of a traditional legal nature as to the issuance and sale of the Bonds. Our job is principally to render certain opinions to the Issuer regarding (i) the validity of the Bonds under applicable Louisiana law, (ii) the exemption of interest paid on the bonds from federal and/or state taxes, and (iii) other matters as may be applicable. The bond opinion will be based on facts and law existing as of its date. In rendering such opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to our firm without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer with applicable laws and other resolutions relating to the Bonds. During the course of this engagement, we will rely upon the staff of the Issuer and the members of the Governing Authority to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds.
In our engagement as bond counsel, we will:
Confer with members of the working group, including you and other officials of the Issuer, relating to the Project and review legal issues relating to the structure of the Bond issue;
Prepare the Issuing Bond Resolution and all related financing documents (collectively, the "Bond Documents");
As requested, attend meetings of the Governing Authority at which the Bond Documents are adopted, including (as applicable) REGULAR MEETING JULY 11, 2016
pg. 27
preparation of notices;
Prepare the application for approval of the issuance of the Bonds by the State Bond Commission and attend the State Bond Commission meeting at which such approval will be considered;
Prepare the closing index and various closing certificates, including the Tax Compliance Certificate, and supervise the execution of certain closing documents by the various parties thereto;
Prepare and file Internal Revenue Service Form 8038-G, as required by Federal law;
Prepare the Bonds and supervise their execution and authentication,
Prepare complete transcripts of record covering the issuance of the Bonds and furnishing the transcripts to various parties in connection therewith; and
Submit post-closing reports to the State Bond Commission, if required.
Our fee as bond counsel is based upon the terms, structure, size and schedule of the financing, the services provided, and the responsibilities assumed; however, our fee will not exceed that permitted by guidelines set forth by the Attorney General of the State of Louisiana and is subject to his approval. Our fee as bond counsel is a "contingent fee", meaning you are required to pay for our legal services only in the event the Bonds are actually sold and delivered.
Other vendors or members of the working group may charge additional fees or costs for their services.
We will continue to serve as bond counsel until the delivery of the Bonds; however, the Issuer and our firm each have the right to terminate this engagement at any time after providing reasonable advanced written notice, subject to the applicable rules of professional responsibility. Upon conclusion or termination of our representation of the Issuer, papers and property furnished by the Issuer will be returned promptly upon request.
Please note that we are not municipal advisors, and we do not render financial advice or other financial services to the Issuer; however, in the course of providing traditional legal services, we may provide factual information that is not specifically tailored to the Bonds or that does not rise to the level of a recommendation concerning a course of action. We will, however, analyze, discuss and advise the Issuer regarding the legal ramifications of the structure, timing, terms and other provisions of the Bonds, as these functions are essential to developing a plan of finance.
Applicable ethical rules in Louisiana prohibit us from undertaking this REGULAR MEETING JULY 11, 2016
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representation if we represent another party that is directly adverse to the Issuer or if there is a significant risk that other considerations will materially limit our representation of the Issuer. As you are aware, our firm represents many political subdivisions, including others in Rapides Parish. At this time, we do not believe any other current or past engagement of our firm adversely affects our ability to represent the Issuer as provided in this letter; however, we invite you to discuss any concerns you have with us.
If this letter is acceptable to the Issuer, please so indicate by executing where indicated below and returning a copy to us, retaining the original for your files. We appreciate the opportunity to serve the Issuer and look forward to working with you.
FOLEY & JUDELL, L.L.P.
BY: _________________________ DAVID E. HENDERSON, PARTNER
ACCEPTED AND APPROVED: FIRE PROTECTION DISTRICT NUMBER 7 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA
BY: _____________________________ NAME: CRAIG SMITH TITLE: PRESIDENT, RAPIDES PARISH POLICE JURY DATED: JULY 11, 2016
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned Secretary of the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana, do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by Governing Authority, on July 11, 2016, making application to the State Bond Commission for consent and authority to issue, sell and deliver not exceeding $250,000 of Limited Tax Certificate of Indebtedness (the "Certificate"), of Fire Protection District Number 7 of the Parish of Rapides, State of Louisiana, all in the manner provided for by Chapter 14-A of Title 39 and Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, providing for the employment of bond counsel; making application to the State Bond Commission and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said Issuer at Alexandria, Louisiana, on this, the 11th day of July, 2016.
REGULAR MEETING
JULY 11, 2016
pg. 29
Secretary (SEAL)
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize to advertise to purchase Three (3) Tanker Trucks for Rapides Parish Fire District # 5, secure financing and authorize the President to sign all necessary documents. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to authorize Mrs. Amy Mimes, 105 Hall Road, Pineville, LA 71360 as a Hardship Case, pending proper certification. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to ratify authorization for the President to sign an amendment to the Participating Agreement between the Rapides Parish Police Jury and the USDA, Forest Service, Calcasieu Ranger District, Kisatchie National Forest, FS Agreement No. 12-PA11080602-026, to extend the date to August 8, 2017, as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Joe Bishop, to establish the Catahoula Lake Game and Fish Preserve Commission as authorized by Act 173 (SB 261) 2016 Regular Session of the Louisiana Legislature.
Mr. Craig Smith stated that the motion needed to be amended.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to adopt a resolution establishing the Rapides Parish-LaSalle Parish Catahoula Lake Game and Fish Preserve jointly with the Parish of LaSalle, creating a commission, appointing three commissioners representing Rapides Parish, and otherwise provide with respect thereto.
BE IT RESOLVED by the Rapides Parish Police Jury duly assembled in Regular Session convened on the 11th day of July, 2016 that:
Section 1. Catahoula Game and Fish Preserve Established.
By virtue of the authority of the authority conferred by Louisiana Revised Statutes LA R.S. 56:721, as amended by Act No. 173 of the 2016 Regular Session of the Louisiana State Legislature et seq. and other constitutional and statutory authority supplemental thereto, there is hereby established a Rapides Parish-LaSalle Parish Catahoula Lake Game and Fish Preserve, subject to the concurrence of the LaSalle Parish Police Jury.
Section 2. Commission Created. REGULAR MEETING JULY 11, 2016
pg. 30
There is hereby created pursuant to R.S. 56:722(A) as amended by Act No. 173 of the 2016 Regular Session of the Louisiana State Legislature et seq. and other constitutional and statutory authority supplemental thereto a Rapides ParishLaSalle Parish Catahoula Lake Game and Fish Commission. The said Commission shall have all of the powers, duties and functions granted and conferred to game and fish commissions by the statutes of the State of Louisiana in relation to the Rapides Parish-LaSalle Parish Catahoula Lake Game and Fish Preserve.
Section 3. Appointments.
The Rapides Parish Police Jury hereby appoints three (3) citizens and taxpayers to the Rapides Parish-LaSalle Parish Catahoula Game and Fish Commission, representing Rapides Parish, whose terms shall be concurrent with that of the appointing governing authority, the Rapides Parish Police Jury. The three citizens appointed are Tim Ware, Don Clair and Dewayne Lofton.
BE IT FURTHER RESOLVED that the LaSalle Parish Police Jury is urged to concur in this creation and to take action to appoint commissioners to the Commission representing LaSalle Parish, to do any and all things necessary for the conversation, protection and promulgation of game and fish in the Catahoula Lake Game and Fish Preserve.
Thus done and unanimously adopted this 11th day of July, 2016.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to grant approval to Libuse Cutoff-Phase II, located off Libuse Cutoff 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. Richard Billings, seconded by Mr. Bubba Moreau, to grant approval to Upper Boy Scout Estates, located on Upper Boy Scout 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. Bubba Moreau, seconded by Mr. Ollie Overton, to approve Change Order No. 1 for the construction contract with Diamond B Construction Co., LLC for the Coughlin Industrial Complex-Phase IV Project, for an increased amount of $12,250.00, for additional fill material to address slope erosion, as recommended by the Engineer, Meyer, Meyer, LaCroix and Hixson, pending approval from the Office of Facility Planning and Control and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to approve Change Order No. 1 to the construction contract with Cecil D. Gassiott, LLC., for the City of Pineville, Location No. 1-Wastewater Treatment Plant Outflow, Project No. 40PARA3304, for an increased amount of $111,306.57 for additional work REGULAR MEETING JULY 11, 2016
pg. 31
items, additional work required to ensure proper pump station operation, work to include screening to ensure debris capture to elimination pump, clogging issues and to extend the contract by 812 days, as approved by Pan American Engineers, Project Engineer and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide forty (40) hours of cleaning of various public drainage ditches as requested by the Town of Woodworth, with all costs to be paid out of town’s portion of Road District 2C funds and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to enter into an Intergovernmental Agreement with the Town of Woodworth for the Rapides Parish Highway Department to provide thirty-two (32) hours of hand cleaning of various public drainage ditches as requested by the Town of Woodworth, with all costs to be paid out of town’s portion of Road District 2C funds and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to authorize submitting a grant application to the Volunteer Fire Assistance Program administered through The Department of Agriculture & Forestry, Office of Forestry, requesting matching funds of $2,362.50, for three (3) sets of turnout gear, as requested by the Ruby-Kolin Volunteer Fire Department Board of Directors and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to authorize participation in the Emergency Management Performance Grant (EMPG 2016), Grant #EMT-2016-EP-00003-S01, to be administered by the Rapides Parish Homeland Security and Emergency Preparedness Office and to authorize the OHSEP Director to sign related documents. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize to enter into an Intergovernmental Agreement with the LSU AgCenter, to provide the necessary equipment and labor for set up, disassemble, clean up and otherwise provide maintenance not available to the LSU AgCenter for the public purpose of maintaining and improving properties owned by LSU AgCenter as permitted under the Local Services Law and the requesting party agrees to reimburse the incurred expenses.
Mr. Ollie Overton request this item be laid over till the August meeting to give Legal Counsel time to review.
On motion by Mr. Scott Perry, seconded by Mr. Richard Billings, to hold a public hearing September 12, 2016, on proposed condemnation of the following property in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. SERVICE REPORT:_______________ REGULAR MEETING JULY 11, 2016
pg. 32
OWNER LOCATION & DESCRIPTION
Mr. Jimmie F. Price Unsafe, unsanitary and dilapidated structure On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, to hold a public hearing September 12, 2016, on proposed condemnation of the following property in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. SERVICE REPORT:_______________
OWNER LOCATION, DESCRIPTION
Ms. Susan King Unsafe, unsanitary and dilapidated structure Section 78, T4N-R1W, Ward 8, Rapides Parish On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Scott Perry, to hold a public hearing September 12, 2016, on proposed condemnation of the following property in accordance with the Rapides Parish Code of Ordinances Section 8-1/4, as authorized by the Rapides Parish Police Jury. SERVICE REPORT:______________
OWNER LOCATION, DESCRIPTION
Mr. Faeq A. Gheith Unsafe, unsanitary and dilapidated structure Alexandria LA 71301 Louisiana Section 4, T3N-R1W, Ward 1, Rapides Parish On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings to notify District Attorney Phillip Terrell under the provisions of Section 13 of the LACE agreement executed on July 6, 2015 that due to budgetary concerns the Rapides Parish Police Jury hereby exercises its right to withdraw from the LACE agreement effective June 30, 2016. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to accept the donation from Deville Volunteer Fire Department to the Rapides Parish Police Jury the property described below and authorize the President to sign all necessary documents:
Commencing at the south quarter corner of Section Thirty-Seven (37); thence proceed S89° – Thirty-Six (36) feet Zero (0) inches East at a distance of Eight Hundred and Seventy (870) feet; thence proceed N00°- Eight (8) feet zero (0) inches East a distance of Three Hundred seventeen and one half (317.5) feet to a one-half (1/2) iron rod; then proceed N33° - Forty-Nine (49) feet and REGULAR MEETING JULY 11, 2016
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Zero (0) inches East a distance of Three Hundred and Thirty Two and ninetyeight one-hundredths (332.98) feet to a one-half (1/2) inch iron rod, said point being the POINT OF BEGINNING thence proceed N01° - Sixteen (16) feet Nine (9) inches East a distance of Ninety-Four and ninety-five one hundredths (94.95) feet to a one-half (½) inch iron rod; then proceed S89° - Eighteen (18) feet Fifty-Nine (59) inches East a distance of Sixty-One (61) feet to a one-half (1/2) inch iron rod; Thence proceed S33° - Forty-nine (49) feet and Zero (0) inches West a distance of One hundred and thirteen and thirty-eight onehundredths (113.38) feet back to the POINT OF BEGINNING and being that certain 0.066 acre tract of land shown on survey by Mathew E. Phillips, dated April 7, 2016.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to authorize legal counsel, Assistant District Attorney, Steven Mansour to enter into a compromise settlement for the dismissal with prejudice of the lawsuit, Rapides Parish Police Jury vs. Hidden Treasure Cottages and RV Resort, LLC, Gary W. Barth, Kathleen Poret Barth, Max A. Powell and Linda Sontag Powell, Civil Suit No. 255,584, Ninth Judicial District Court, in exchange for the defendants waiving all claims or potential claims against the Rapides Parish Police Jury. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to reappoint Mr. David Bates to the Waterworks District 11A Board for a five (5) year term. Term will expire July 8, 2021. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to appoint Ms. Gwen Cope to the Library Board of Control for a five (5) year term to fill the expiring term of Mr. Glen Rechs, representing District A. Term will expire July 9, 2021. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to reappoint Dr. Jerry Sanson, nominee of Louisiana State University, representing Higher Education, to the Fire District #2 Civil Service Board for a three (3) year term. Term will expire July 29, 2019. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Sean McGlothlin, to create the position of Assistant Building Superintendent for the Courthouse, Jail and Maintenance Department.
Mr. Theodore Fountaine questioned how much this position was going to be making.
Mr. Bruce Kelly stated they had put together a set of responsibilities and duties and turned it over to Civil Service and they will set a range and the salary. Ms. Linda Sanders will put that range and then it will be approved by Civil Service.
Discussion ensued.
On vote the motion carried. REGULAR MEETING JULY 11, 2016
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On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for May, 2016:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 519 80% 86.51% Pineville - 8 minute 137 80% 82.48% Rapides - 12 minute 228 80% 87.72% Rapides - 20 minute 195 80% 83.59% On vote the motion carried.
On motion by Ollie Overton, seconded by Mr. Scott Perry, to grant the 2% annual longevity pay increase mandated by the State for eligible Rapides Parish Fire Protection District No. 7 employees, effective August 1, 2016, to be paid out of Fire Protection District No. 7 Funds. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to grant the 2% annual longevity pay increase mandated by the State for eligible Rapides Parish Fire Protection District No. 2 employees, effective August 1, 2016, as recommended by Fire Chief McCain, to be paid out of Fire Protection District No. 2 funds. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, 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:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Richard Vanderlick On roll call vote the motion carried 8-0.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to approve a contract between Rapides Parish Police Jury (RPPJ) and the Louisiana Workforce Commission (LWC) in the amount of $55,000.00 to provide case management services to referrals from the Department of Children and Family Services (DCFS) for the period 7/1/2016-6/30/2017 and authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to terminate any prior contract with Huddleston Smith Wealth Management and to enter into a new investment agreement with Huddleston Smith Wealth Management as REGULAR MEETING JULY 11, 2016
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reviewed by the Parish Attorney and to authorize the President, Craig Smith, Treasurer, Bruce Kelly and Theresa Pacholik to execute the contract, corporate resolutions and related documents in connection therewith. On vote the motion carried. Mr. Richard Billings voted nay.
On motion by Mr. Sean McGlothlin, seconded by Mr. Joe Bishop, to ratify all investments previously made by the Treasurer, Bruce Kelly and Theresa Pacholik on behalf of the Rapides Parish Police Jury. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Mr. Sean McGlothlin, to authorize the Treasurer, Bruce Kelly to invest funds of the Rapides Parish Police Jury through Huddleston Smith Wealth Management, in accordance with the provisions of LSA R.S 33:2955. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to approve Change Order No. 1 with Gilchrist Construction Company, LLC for Bid No. 2459 Various Road Improvements in Rapides Parish to add Item No. 509 (1) Cold Planning Asphaltic Pavement (6” Thick) in the amount of 11,022 square yards at a unit price of $4.37 per square yard on the Rapides Station Road (Ward 8, District
- E) for an increased amount of $48,166.14, as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to award Bid #2486 (Purchase Tanker Truck) for Rapides Parish Fire District #8 to the lowest bidder, Vacuum Truck Sales for the amount of $199,969.00 as recommended by the Fire District Board and Chief. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to authorize Parish OHSEP Director to sign MOU with American Red Cross defining working relationship between the American Red Cross and the Rapides Parish OHSEP and other departments with regard to preparing for, responding to, and recovering from emergencies and disasters. On vote the motion carried.
On motion by Mr. Scott Perry, seconded by Mr. Richard Billings, to waive the insurance requirements for a Sewage Effluent Discharge Permit at 2003 Dixie St., Alexandria and approval to discharge sewage effluent to the road side ditch in the public right-of-way for Lori Bordelon, as approved by the Public Works Director and Health Department. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize the President to sign and enter into an Intergovernmental Agreement with the Rapides Parish Sheriff’s Office for inmate labor crews.
Mr. Joe Bishop requested to amend the motion to state pending Legal Counsel’s review.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize the President to sign and enter into an Intergovernmental Agreement with the Rapides Parish Sheriff’s Office for inmate labor crews, pending Legal Counsel’s REGULAR MEETING JULY 11, 2016
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review. On vote the amended motion carried.
There being no further business, motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, the meeting was adjourned at 3:40 p.m.
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