Public Meeting
Rapides Parish Police Jury
announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
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The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of Monday, April 10, 2017, 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. and Richard Billings.
Absent was Sean McGlothlin.
Also present were Mr. Bruce Kelly, Treasurer; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Donna Andries, Sales & Use Tax Administrator; Chief Randy McCain, Fire District No. 2; Ms. Sonya Wiley-Gremillion, OHSEP Director; Ms. Elaine Morace, WIA Operations Director; 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. Scott Perry.
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.
The President asked if there were any comments from the Jury, to which there were none.
On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on March 13, 2017, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, that approved bills be paid. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, 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 the Chamber of Commerce.
Mr. Craig Smith, President, presented a plaque to Ms. Debra Randolph for the REGULAR MEETING APRIL 10, 2017
Chamber of Commerce for achieving a 5 Star Accreditation award they received. Ms. Randolph also introduced Members and Staff of the Central Louisiana Chamber of Commerce and thanked the Police Jury for the plaque and recognition.
The next item on the agenda was to recognize and present plaques to the Peabody Magnet Warhorses, 3A Basketball State Champions.
Mr. Ollie Overton, Mr. Theodore Fountaine and Mr. Scott Perry recognized and presented plaques to the Peabody Magnet Warhorses, 3A Basketball State Champions.
The following appointments were announced for the next meeting: ***Appointment to the Communications District representing Minority’s for the expiring term of Mr. Vernon Creecy. Term will expire June 8, 2017. ***Appointment to the Communications District representing Volunteer Fire Departments for the expiring term of Mr. John Turnage. Term will expire June 8, 2017. ***Appointment to the Lecompte Area Recreation District for the expiring term of Ms. Virginia Bailey. Term will expire June 11, 2017. ***Appointment to the Waterworks District No. 3 Board to fill the expiring term of Mr. Oscar Coody. Term will expire June 10, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to waive the thirty day announcement rule and reappoint Mr. Vernon Creecy to the Communications District, representing Minority’s, for a four (4) year term. Term will expire June 8, 2021. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to waive the thirty day announcement rule and reappoint Mr. John Turnage, representing Volunteer Fire Departments, to the Communications District for a four (4) year term. Term will expire June 8, 2021. On vote the motion carried. Mr. Theodore Fountaine voted nay.
The following resolution was offered by Mr. Richard Vanderlick and seconded by Mr. Richard Billings:
RESOLUTION
A resolution ordering and calling a special election to be held in Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana, to authorize the rededication and levy of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana (the "District"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 30 and 32 of the Constitution of the State of Louisiana of 1974, the applicable provisions of REGULAR MEETING APRIL 10, 2017
Chapter 5 and Chapter 6-A of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the District on SATURDAY, OCTOBER 14, 2017, between the hours of seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
PROPOSITION
(TAX REDEDICATION)
Shall Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana (the “District”), levy and collect a fifteen and thirty-four hundredths (15.34) mills on all property subject to taxation in the District (an estimated $937,474 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2018 and ending with the year 2027, for the purpose of constructing, operating and maintaining fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection and medical services in the District and paying the costs of obtaining water for fire protection purposes, the Tax to be a rededication of the District’s fifteen and thirty-four hundredths (15.34) mills fire protection tax authorized to be levied through the year 2019 pursuant to an election held on July 19, 2008 (the "2008 Tax"), with the proceeds collected from the 2008 Tax being hereby rededicated for the purposes set forth above?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the Alexandria Daily Town Talk, a newspaper of general circulation within the District, published in Alexandria, Louisiana, and being the official journal of the District, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, NOVEMBER 13, 2017, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers REGULAR MEETING APRIL 10, 2017
designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, November 13, 2017, as provided in Section 3 hereof. All registered voters in the District will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to rededicate and levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
SECTION 9. Approval of Governing Authority of the Parish. Application is hereby made to the Police Jury of the Parish of Rapides, State of Louisiana, for consent and authority to hold the special election as herein provided, and in the event the election carries, for its further consent and authority to levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the Police Jury of the Parish of Rapides on behalf of the District, together with a letter requesting the prompt consideration and approval of this application.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin
And the resolution was declared adopted on this, the 10th day of April, 2017.
REGULAR MEETING
APRIL 10, 2017
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
PROPOSITION
(TAX REDEDICATION)
Shall Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana (the “District”), levy and collect a fifteen and thirty-four hundredths (15.34) mills on all property subject to taxation in the District (an estimated $937,474 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2018 and ending with the year 2027, for the purpose of constructing, operating and maintaining fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection and medical services in the District and paying the costs of obtaining water for fire protection purposes, the Tax to be a rededication of the District’s fifteen and thirty-four hundredths (15.34) mills fire protection tax authorized to be levied through the year 2019 pursuant to an election held on July 19, 2008 (the "2008 Tax"), with the proceeds collected from the 2008 Tax being hereby rededicated for the purposes set forth above?
The said special election will be held at the following polling places situated within the District, which polls will open at seven o'clock (7:00) a.m., and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, towit: POLLING PLACES Precinct Location N03 (IN PART) J S Slocum Learning Center, 901 Crepe Myrtle Street, Pineville N04 (IN PART) Kees Park Community Center, 2450 Hwy. 28 East, Pineville Pineville N08 AK (IN PART) Lessie Moore Elementary School, 207 Griffith Street, Pineville REGULAR MEETING APRIL 10, 2017
POLLING PLACES
Precinct Location N08 LZ (IN PART) Lessie Moore Elementary School, 207 Griffith Street, Pineville N09 (IN PART) Kees Park Community Center, 2450 Hwy. 28 East, Pineville N10 AK (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N10 LZ (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N11 (IN PART) Pineville Middle School, 501 Edgewood Drive, Pineville N12 (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N13A (IN PART) Pineville Middle School, 501 Edgewood Drive, Pineville N13B (IN PART) Pineville Middle School, 501 Edgewood Drive, Pineville Pineville Pineville Pineville N17 (IN PART) Esler Field Volunteer Fire Station, 6970 Esler Field Road, Pineville N18 AK (IN PART) Ball Elementary School, 89 Livingston Road, Ball N18 LZ (IN PART) Ball Elementary School, 89 Livingston Road, Ball N22 (IN PART) Philadelphia Baptist Church, 722 Philadelphia Road, Deville N26 AK (IN PART) Philadelphia Baptist Church, 722 Philadelphia Road, Deville N 26 LZ (IN PART) Philadelphia Baptist Church, 722 Philadelphia Road, Deville N27 (IN PART) Ruby Wise Elementary School, 5279 Hwy. 107, Pineville
The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
Notice is further given that a portion of the monies collected from the tax described in the Proposition shall be remitted to certain state and statewide retirement systems in the manner required by law.
The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of REGULAR MEETING APRIL 10, 2017
Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Rapides Parish Courthouse, NOVEMBER 13, 2017, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the District are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 10th day of April, 2017.
ATTEST: /s/ Craig Smith President
/s/ Laurel Smith Secretary
The following resolution was offered by Mr. Richard Vanderlick, seconded by Mr. Richard Billings:
RESOLUTION
A resolution ordering and calling a special election to be held in Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana, to authorize the rededication and levy of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana (the "District"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 30 and 32 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5 and Chapter 6-A of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the District on SATURDAY, OCTOBER 14, 2017, between the hours of seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
PROPOSITION
(TAX REDEDICATION)
Shall Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana (the “District”), levy and collect a fourteen and twenty-six REGULAR MEETING APRIL 10, 2017
hundredths (14.26) mills on all property subject to taxation in the District (an estimated $198,600 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2018 and ending with the year 2027, for the purpose of constructing, operating and maintaining fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection and medical services in the District and paying the costs of obtaining water for fire protection purposes, the Tax to be levied in lieu of the District’s fourteen and twenty-four hundredths (14.24) mills fire protection tax authorized to be levied through the year 2019 pursuant to an election held on July 19, 2008 (the "2008 Tax"), with the proceeds collected from the 2008 Tax being hereby rededicated for the purposes set forth above?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the Alexandria Daily Town Talk, a newspaper of general circulation within the District, published in Alexandria, Louisiana, and being the official journal of the District, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, NOVEMBER 13, 2017, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, November 13, 2017, as provided in Section 3 hereof. All registered voters in the District will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all REGULAR MEETING APRIL 10, 2017
further action required by State and/or Federal law to arrange for the election.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to rededicate and levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
SECTION 9. Approval of Governing Authority of the Parish. Application is hereby made to the Police Jury of the Parish of Rapides, State of Louisiana, for consent and authority to hold the special election as herein provided, and in the event the election carries, for its further consent and authority to levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the Police Jury of the Parish of Rapides on behalf of the District, together with a letter requesting the prompt consideration and approval of this application.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin On roll call vote the motion carried 8-0.
And the resolution was declared adopted on this, the 10th day of April, 2017.
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
registered voters in the District qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:
PROPOSITION
(TAX REDEDICATION)
Shall Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana (the “District”), levy and collect a fourteen and twenty-six hundredths (14.26) mills on all property subject to taxation in the District (an estimated $198,600 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2018 and ending with the year 2027, for the purpose of constructing, operating and maintaining fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection and medical services in the District and paying the costs of obtaining water for fire protection purposes, the Tax to be levied in lieu of the District’s fourteen and twenty-four hundredths (14.24) mills fire protection tax authorized to be levied through the year 2019 pursuant to an election held on July 19, 2008 (the "2008 Tax"), with the proceeds collected from the 2008 Tax being hereby rededicated for the purposes set forth above?
The said special election will be held at the following polling places situated within the District, which polls will open at seven o'clock (7:00) a.m., and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, towit: POLLING PLACES Precinct Location N10 AK (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N10 LZ (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N27 (IN PART) Ruby Wise Elementary School, 5279 Hwy. 107, Pineville N28 Ruby Wise Elementary School, 5279 Hwy. 107, Pineville N29 Ruby Wise Elementary School, 5279 Hwy. 107, Pineville The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
Notice is further given that a portion of the monies collected from the tax described in the Proposition shall be remitted to certain state and statewide retirement systems in the manner required by law.
The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in REGULAR MEETING APRIL 10, 2017
accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Rapides Parish Courthouse, NOVEMBER 13, 2017, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the District are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 10th day of April, 2017.
ATTEST: /s/ Craig Smith President
/s/ Laurel Smith Secretary
The following resolution was offered by Mr. Bubba Moreau, seconded by Mr. Richard Billings:
RESOLUTION
A resolution ordering and calling a special election to be held in Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana, to authorize the levy of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "District"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 30 and 32 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5 and Chapter 6-A of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the District on SATURDAY, OCTOBER 14, 2017, between the hours of seven o'clock (7:00) a.m., and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
ROAD DISTRICT NO. 2B (WARD 11)
(TAX PROPOSITION)
Shall Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "District"), levy and collect a special ad valorem tax of ten (10) mills on all the property subject to taxation within the REGULAR MEETING APRIL 10, 2017
confines of the District, for a period of ten (10) years, beginning with the year 2018 and ending with the year 2027 (an estimated $285,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for the purpose of constructing, maintaining and keeping in repair the public roads, highways, bridges and related drainage within said District?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the Alexandria Daily Town Talk, a newspaper of general circulation within the District, published in Alexandria, Louisiana, and being the official journal of the District, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, NOVEMBER 13, 2017, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, November 13, 2017, as provided in Section 3 hereof. All registered voters in the District will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law. REGULAR MEETING APRIL 10, 2017
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin On roll call vote the motion carried 8-0.
And the resolution was declared adopted on this, the 10th day of April, 2017.
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
ROAD DISTRICT NO. 2B (WARD 11)
(TAX PROPOSITION)
Shall Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana (the "District"), levy and collect a special ad valorem tax of ten (10) mills on all the property subject to taxation within the confines of the District, for a period of ten (10) years, beginning with the year 2018 and ending with the year 2027 (an estimated $285,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for the purpose of constructing, maintaining and keeping in repair the public roads, highways, bridges and related drainage within said District?
The said special election will be held at the following polling places situated REGULAR MEETING APRIL 10, 2017
within the District, which polls will open at seven o'clock (7:00) a.m., and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, towit:
POLLING PLACES
Precinct Location N10 AK (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N10 LZ (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville N12 (IN PART) J I Barron Elementary, 3655 Trinity Church Drive, Pineville N17 (IN PART) Esler Field Vol Fire Station, 6970 Esler Field Road, Pineville N22 (IN PART) Philadelphia Baptist Church, 722 Philadelphia Road, Deville Holloway Community N24 AK Buckeye High School, 715 Hwy. 1207, Deville Community N24 LZ Buckeye High School, 715 Hwy. 1207, Deville Community N25 Buckeye High School, 715 Hwy. 1207, Deville Community N26 AK (IN PART) Philadelphia Baptist Church, 722 Philadelphia Road, Deville N26 LZ (IN PART) Philadelphia Baptist Church, 722 Philadelphia Road, Deville N27 (IN PART) Ruby Wise Elementary School, 5279 Hwy. 107, Pineville N28 (IN PART) Ruby Wise Elementary School, 5279 Hwy. 107, Pineville N29 (IN PART) Ruby Wise Elementary School, 5279 Hwy. 107, Pineville The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
Notice is further given that a portion of the monies collected from the tax described in the Proposition shall be remitted to certain state and statewide retirement systems in the manner required by law.
The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Rapides Parish Courthouse, REGULAR MEETING APRIL 10, 2017
NOVEMBER 13, 2017, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the District are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 10th day of April, 2017.
ATTEST: /s/ Craig Smith President
/s/ Laurel Smith Secretary
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 $1,135.34 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
Lot Nine (9) of Block Two (2) of Bel-Air Subdivision to the City of Alexandria, Rapides Parish, State of Louisiana, as per official plat thereof recorded at Plat Book 4, Page 58, records of Rapides Parish.
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 STEVEN SNOW, to purchase said property for the consideration of $1,135.34 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 STEVEN SNOW, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
REGULAR MEETING
APRIL 10, 2017
Section 1. Lot Nine (9) of Block Two (2) of Bel-Air Subdivision to the City of Alexandria, Rapides Parish, State of Louisiana, as per official plat thereof recorded at Plat Book 4, Page 58, records of Rapides Parish.
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. REGULAR MEETING APRIL 10, 2017
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. REGULAR MEETING APRIL 10, 2017
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 dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, REGULAR MEETING APRIL 10, 2017
release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 10th day of April, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Bubba Moreau, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below: Tax Debtor Description Al Joseph Lemoine, et al A subdivision of Rapides Parish Louisiana, as per plat recorded in Book 21, Page 68 & 69, and Conveyance Records of Rapides Parish Bearing the municipal address of: Ollie Overton-District F On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to renew contract with Government Revenue Solutions, LLC (formerly named PRA Government Services, LLC) dba Broussard Partners & Associates to perform multi-parish Sales and Use Tax audits, as recommended by the Tax Administrator. On vote the motion carried.
On motion to implement an incentive pay plan for Rapides Parish Fire District No. 3 employees for the following IFSAC, Pro Board or LSU Certifications: Firefighter II, Instructor I, Instructor II, Fire Officer I, Fire Officer II, Public Educator I, Apparatus D/O Pumper, Apparatus D/O Aerial, Inspector I, Fire Investigator, Airport Firefighter, Rope Rescue Tech, Confined Space Tech, Hazardous Materials Technician. Incentive pay will be $15.00 per month per certification, as recommended by Fire Chief David Corley and Alpine Volunteer Fire Department. To be effective April 15, 2017, to be paid out of Fire District No. 3 Funds. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the advertisement to receive bids for a 2011 or newer wheel loader with a 2.5 to 3.0 yard bucket, not to exceed $75,000 as recommended by the Parish Engineer. On vote the motion carried.
On motion Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to authorize the advertisement to receive bids for a 2013 or newer 5-6 yard dump truck not to exceed $35,000, as recommended by the Parish Engineer. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to authorize the advertisement to receive bids for a 2013 or newer 48 foot deck trailer with winch not to exceed $40,000, as recommended by the Parish Engineer. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick, to authorize the advertisement to receive bids for a 2012 or newer lowboy truck not to exceed $60,000, as recommended by the Parish Engineer. On vote the motion carried. REGULAR MEETING APRIL 10, 2017
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to award Bid #2543–Purchase Used Excavator, to Scott Equipment Co., LLC, for the amount of $129,949.00, as recommended by the Parish Engineer. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Bubba Moreau, to grant approval to East Yeager Estates, located on East Yeager Drive, Pineville, as recommended by the Rapides Area Planning Commission, subject to approval by the Public Works Director and the review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick, to grant approval to Libuse Cutoff, Phase III, located at Libuse Cutoff and Highway 28 East, Pineville, as recommended by the Rapides Area Planning Commission, subject to approval by the Public Works Director and the review of Legal Counsel and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to accept the recommendation of the Rapides Area Planning Commission and deny the request of Mr. Floyd Brown to put a shooting range at 299 Dupree Street. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 18-4.2 (I) SPEED WARD 5, DISTRICT H
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 10th day of April, 2017, that Section 18-4.2 (i) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to set a 15 mph speed limit on the following road in District H, Ward 5 as follows:
Chapter 18. MOTOR VEHICLES AND TRAFFIC
Section 18-4.2. Speed limits designated on certain streets:
- (i) Fifteen miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish road in Rapides Parish in excess of fifteen (15) miles per hour.
...Daniels Road, Ward 5, District H
(l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail REGULAR MEETING APRIL 10, 2017
for a period not to exceed thirty (30) days, or both.
BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.
BE IT FURTHER ORDAINED in all other respects Section 18-4.2 of the Rapides Parish Code of Ordinances shall remain unchanged.
BE IT FURTHER ORDAINED that the Parish Highway Department is hereby authorized to erect the speed limit signs on the Road.
THUS DONE AND SIGNED on this10th day of April, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to approve the Road Project Agreement for the East Kincaid Improvement Project, USFS Agreement No. Ro-11080600-001, between the Rapides Parish Police Jury and the USDA, Forest Service, Kisatchie National Forest, Calcasieu Ranger District and authorize the President to sign as recommended by the Public Works Director. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Scott Perry, to authorize the Rapides Parish Police Jury to enter into an Annual Lease Agreement with the Institute for Indian Development for 110 square feet of office space in the Rapides Business and Career Solutions Center at a rate of $18.8945 per square foot ($173.19 per month) with proceeds appropriated to the Office of Economic and Workforce Development and authorize the President to sign the lease and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Richard Billings, to authorize the President to sign nomination form and a letter addressed to the Louisiana Workforce Commission for Aiesha Wright, Alexandria Site HR Leader, for Procter & Gamble to serve on the Rapides Parish Workforce Development Board LWIOA #61 replacing Tammye Jones. Ms. Wright will be representing the private sector on the board. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to ratify authorization for the President to sign a Letter of Interest indicating the Police Jury’s intent to apply for funds related to the Reallocation of Available Hazard Mitigation Grant Program Funding (HMGP) Hurricanes Gustav and Ike (DR-1786 and DR-1792) being reallocated by FEMA and GOHSEP. Deadline to submit Letter of Interest and required project information to GOHSEP was April 4, 2017. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to authorize the Rapides Area Planning Commission to pursue available grant funding related to the Reallocation of Available Hazard Mitigation Grant Program (HMGP) DR-1786 and DR 1792 (Hurricanes Gustav and Ike) and the feasibility of moving applicable projects applied for in DR-4263 (March Severe Storms and Flooding) to DR-1786. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to adopt a resolution authorizing the submittal of the 2018/2019 Louisiana Community REGULAR MEETING APRIL 10, 2017
Development Block Grant (LCDBG) Sewer Improvements (Penny Acres) and enter into an agreement with Frye Magee, LLC to perform all administrative consulting services pending funds received and authorize the President to sign any necessary documents.
Amended motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to also enter into an agreement with Meyer, Meyer, LaCroix & Hixson as Engineering Consulting Services, as requested by Sewerage District No. 1. The following resolution was presented and adopted:
RESOLUTION
RESOLUTION AUTHORIZING SUMMITAL OF FY 2018/2019 LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, AND ENTERING INTO AGREEMENTS ASSOCIATED WITH ADMINISTRATION AND ENGINEERING SERVICES
WHEREAS, the Rapides Parish Police Jury (“Parish ”) desires to submit a fiscal year (“FY”) 2018/2019 Louisiana Community Development Block Grant (“LCDBG”) Public Facilities application for Sewer improvements (the “Application”); and,
WHEREAS, the Parish intends to use local funds (in order to gain an additional point in connection with the Application rating) to pay for administrative costs up to and including pre-agreement costs, administrative consultant fees, and any other administrative costs incurred by the Parish associated with the Application; and,
WHEREAS, the Parish intends to use local funds (in order to gain additional points in connection with the Application rating) to pay for engineering costs up to and including pre-agreement costs, basic engineering design, topographic surveying, project representation, construction phase services and any other engineering costs incurred by the Parish associated with the Application; and,
WHEREAS, the Parish desires to enter into an agreement with Frye Magee, LLC (“Frye Magee”), to perform all administrative consulting services associates with the Application, which includes assistance with developing the Application, and thereafter performing all administrative consulting duties following a grant award; and,
WHEREAS, the Parish desires to enter into an agreement with Meyer, Meyer, LaCroix & Hixson (“MMLH Engineering”), to perform all engineering consulting services associates with the Application, which includes assistance with developing the Application, and thereafter performing all engineering consulting services, including basic engineering design, topographic surveying, project representation, construction phase services and any other engineering costs incurred by the Parish, following a grant award.
NOW, THEREFORE, BE IT RESOLVED BY THE JURORS OF THE RAPIDES PARISH POLICE JURY, LOUISIANA:
- The Parish enters into an agreement with Frye Magee to develop and submit the Application, and thereafter to perform all administrative consulting duties REGULAR MEETING APRIL 10, 2017
following a grant award.
- The Parish enters into an agreement with Meyer, Meyer, LaCroix & Hixson to assist with the development of the Application, and thereafter to perform all engineering consulting services, including basic engineering design, topographic surveying, project representation, construction phase services and any other engineering costs incurred by the Parish, following a grant award.
- The President is authorized to execute respective agreements with Frye Magee and Meyer, Meyer, LaCroix & Hixson Engineering, and to execute and submit the Application, as well as all related documents, to be on such other terms and conditions as he shall deem advisable, and to do any and all things necessary and proper to carry out this Resolution and to fulfill its objectives and purposes.
- This Resolution shall become effective upon final adoption and signature of the President. Said Resolution having been read and considered by a quorum of the Rapides Parish Police Jury, a record vote was taken and the following result was had:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin
On vote the motion as amended carried
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, the following resolution was presented and adopted:
RESOLUTION
RESOLUTION AUTHORIZING SUMMITAL OF FY 2018/2019 LOUISIANA COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, AND ENTERING INTO AGREEMENTS ASSOCIATED WITH ADMINISTRATION AND ENGINEERING SERVICES
WHEREAS, the Rapides Parish Police Jury (“Parish”) desires to submit a fiscal year (“FY”) 2018/2019 Louisiana Community Development Block Grant (“LCDBG”) Public Facilities application for Street improvements (the “Application”); and,
WHEREAS, the Parish intends to use local funds (in order to gain an additional point in connection with the Application rating) to pay for administrative costs up to and including pre-agreement costs, administrative consultant fees, and any other administrative costs incurred by the Parish associated with the Application; and,
WHEREAS, the Parish desires to enter into an agreement with Frye Magee, LLC (“Frye Magee”), to perform all administrative consulting services associates with the Application, which includes assistance with developing the Application, and thereafter performing all administrative consulting duties following a grant award; REGULAR MEETING APRIL 10, 2017
and,
NOW, THEREFORE, BE IT RESOLVED BY THE RAPIDES PARISH POLICE JURY, LOUISIANA:
The Parish enters into an agreement with Frye Magee to develop and submit the Application, and thereafter to perform all administrative consulting duties following a grant award.
The President is authorized to execute respective agreements with Frye Magee to execute and submit the Application, as well as all related documents, to be on such other terms and conditions as he shall deem advisable, and to do any and all things necessary and proper to carry out this resolution and to fulfill its objectives and purposes.
This Resolution shall become effective upon final adoption and signature of the President.
Said Resolution having been read and considered by a quorum of the Rapides Parish Police Jury, a record vote was taken and the following result was had:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin
WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on this 10th day of April, 2017.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following resolution was presented and adopted:
RESOLUTION
At a regular meeting of the President and the Jurors of the Rapides Parish Police Jury of Alexandria, Louisiana, held on Monday, April 10, 2017, at which meeting a quorum was present, due notice of same having been made according to law, the following Resolution was made:
WHEREAS, the Rapides Parish Police Jury entered into a Cooperative Endeavor & Development Agreement on October 1, 2012, with the City of Pineville, Nineteenth Levee District and the Red River Atchafalaya Bayou Boeuf (RRABB) Levee District, amended to include the Town of Colfax; and,
WHEREAS, the Rapides Parish Police Jury desires to construct Red River Levee Recertification improvements on the existing Bayou Darrow, owned and operated by the Town of Colfax, Louisiana, and the existing Bayou Rigolette Floodgates, owned and operated by the RRABB Levee District, situated in the Aloha-Rigolette North Bank Levee in the 19th Louisiana Levee District and the RRABB Levee District respectively; and, REGULAR MEETING APRIL 10, 2017
WHEREAS, the Rapides Parish Police Jury has received funds in the form of a LCDBG Gustav/Ike Disaster Recovery program appropriation of $345,000, to fund the Red River Levee Recertification improvements to the Bayou Darrow and the Bayou Rigolette Floodgates, which covers the Engineer’s cost estimate.
NOW THEREFORE BE IT RESOLVED that the President is hereby authorized, on behalf of the Rapides Parish Police Jury, upon authorization by the Office of Community Development, Division of Administration and final approval by the USACE, to publicly advertise for bids for the Red River Levee Recertification for the Bayou Darrow and the Bayou Rigolette Floodgates, with bids being received at the appropriate time and date in accordance with the Louisiana Public Bid Law.
This Resolution being submitted to a vote, the vote thereon was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin
And the Resolution was declared adopted on this, the 10th day of April, 2017.
On motion by Mr. Scott Perry, seconded by Mr. Richard Vanderlick, the following resolution on the Airbase Road Enhancement Project was presented and unanimously adopted:
RESOLUTION
WHEREAS, The Rapides Parish Police Jury agrees to accept ownership of whatever rights the State of Lo uisiana, through the Department of Transportation and Development (Department), may own, with the exception of any and all mineral rights, in and to the following described property and agrees to accept all future rights, obligations and liabilities, inclu ding, but not limited to, all future operation, maintenance, and repairs associated therewith, for its operation and maintenance as a parish road, subject to the conditions stated herein below:
Segment 1 - The portion of the interstate I -49 service road k nown as Old Boyce Road from its junction with state route LA 498 (known as Airbase Road) proceeding westerly approximately 0.56 mile to its terminus as a state owned service road and continuation as a Parish Road.
Segment 2 - The portion of the interstat e I-49 service road known as Polk Street from its junction with the local road known as Rapides Station Road proceeding southeasterly approximately 0.64 mile to its terminus.
Segment 3 - The portion of the interstate I -49 service road known as Shuler Road from its intersection with the local road known as Rapides Station Road proceeding northwesterly approximately 1.73 mile to its terminus.
The Rapides Parish Police Jury agrees to accept ownership of whatever rights the REGULAR MEETING APRIL 10, 2017
Department may own in and to the af oresaid described property at the proper time and under the conditions specified herein below:
CONDITION I:
Segment 1 – Provide repairs to include mill, patch and overlay with hot mix asphaltic concrete the portion of the interstate I -49 service road known as Old Boyce Road to be transferred to Rapides Parish.
Segment 2 – Provide repairs to include mill, patch and overlay with hot mix asphaltic concrete the portion of the interstate I -49 service road known as Polk Street to be transferred to Rapides Parish.
Segment 3 – Provide repairs to include mill, patch and overlay with hot mix asphaltic concrete the portion of the in terstate I-49 service road known as Shuler Road to be transferred to Rapides Parish.
CONDITION II: Provide $1,298,400 in road transfer credit for the portions of interstate I-49 service roads to be transferred to Rapides Parish to be applied to the improvements in Condition III with any remaining balance of the road transfer credit being applied, at DOTD’s sole discretion, towards the Parish’s share of funding under a program of the Department affecting the Parish.
CONDITION III: Apply the road transfe r credit described in Condition II herein above to satisfy the Parish’s commitment to state project H.007538 - GATEWAY FROM I-49 TO ENGLAND AIR PARK.
BE IT RESOLVED that the Rapides Parish Police Jury shall accept ownership of whatever rights the Departme nt may own in and to the aforesaid described property as a binding agreement between the Department and the Rapides Parish Police Jury, provided the Department shall comply with the relevant condition(s) stated herein. Portions of the aforesaid described property may be transferred to the Rapides Parish Police Jury in its current condition prior to satisfaction of the relevant condition(s) stated herein, if mutually agreed in writing to be in the best interest of the parties. Such transfer shall not relie ve DOTD of responsibility to comply with the relevant condition(s) stated herein above.
BE IT FURTHER RESOLVED that the Rapides Parish Police Jury authorizes the presiding President of the Rapides Parish Police Jury to execute a Cooperative Endeavor Agre ement between the Department and Rapides Parish, and any amendments or necessary modifications thereto, memorializing the agreement between the parties relative to the above stated property transfers.
BE IT FURTHER RESOLVED that the Rapides Parish Police Jury authorizes the presiding President of the Rapides Parish Police Jury to execute any and all documents necessary to effect the transfer of the aforesaid described property at the proper time.
BE IT FURTHER RESOLVED that the Rapides Parish Police Jury hereby represents that it has received approval from a majority of the state legislative delegation from Rapides Parish of the actions contemplated herein. REGULAR MEETING APRIL 10, 2017
THUS ADOPTED AND SIGNED this 10th day of April, 2017.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to approve Meyer, Meyer, LaCroix & Hixson as the Engineer for the Airbase Road Enhancement project, and authorize the President to execute an agreement. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, the following resolution was presented and adopted:
RESOLUTION
Whereas, the week of April 17-April 22, 2017 has been designated as National Community Development Week. The Rapides Parish Police Jury has been a participant in the Community Development Block Grant (CDBG) Program which funds public infrastructure, economic development, and housing programs in this community, and
Whereas, in this community and communities throughout the nation, thirty five
- (35) years of Community Development Block Grant Program funding has developed a stronger relationship between this local government and its residents, principally those of low-to-moderate income, and
Whereas, this community recognizes that the Community Development Block Grant Program is a partnership of federal, state, and local government and community and business efforts, and that the services funded by the CDBG Program relies heavily on the dedication and good will of our combined efforts, and
Therefore Be It Resolved, that during National Community Development Week 2017, this community will give special thanks and recognition to all participants whose hard work and devotion to the neighborhoods and their low and moderate income residents help ensure the quality and effectiveness of the Community Development Block Grant Program, and
Be It Further Resolved, that this community, along with the service providers and others whose names are appended to this resolution, hereby petition the U.S. Congress and Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program, and of its vital importance to the community and to the people who live in its lower income neighborhoods, and
Be If Further Resolved, that copies of this resolution be conveyed to the appropriate elected and appointed officials of the federal government and that this community’s name be added to the roll of those committed to the preservation and full funding of the Community Development Block Grant Program and maintenance of its essential features over the course of the next session of Congress.
Now, therefore, the Rapides Parish Police Jury does hereby designate the week of April 17-April 22, 2017, as National Community Development Week in the Parish REGULAR MEETING APRIL 10, 2017
of Rapides.
Thus done and presented this 10th day of April, 2017.
On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to enter into an agreement and award the Engineering Services, for the Street Improvements (Palmer Chappel Road), 2018/2019 Louisiana Community Development Block Grant (LCDBG) Program, to Pan American Engineers, as recommended by the CDBG Engineering Selection Services Committee and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to authorize the Rapides Parish Assessor’s Office to move forward and bring back a recommendation to the Jury about renovations in the Assessor’s Office, due to needing more space and to have Legal Counsel request an opinion of the Attorney General to see if is permissible for the Assessor’s Office to use their funds to do the renovation project.
Mr. Tom Wells, Legal Counsel, stated that one of the conditions in his research that can authorize the use of the Assessor’s Office funds if they need space and the Police Jury does not have enough money to provide this. Mr. Wells recommended amending the motion to state that the Police Jury does not have sufficient funds to pay for the renovations. Based on the two AG Opinions he read, that is what triggers the legality of the Assessor to use their salary fund.
Motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to amend the motion to add that the Police Jury does not have the funds to renovate the Assessor’s Office.
On vote the motion as amended carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to authorize renewal of the lease for Fire Protection District No. 5 with Meriwether Louisiana Land & Timber, for .0305 acre of land for the Fire Station on the Morrison Road, for an additional five (5) years beginning May 1, 2017, authorize payment of the lease rental and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to appoint Mr. Christopher Hall, nominee of Grambling University to the Rapides Parish Civil Service Board for a three (3) year term. Term will expire December 10, 2019. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to appoint Mr. Linward McCann, nominee of LSU of Alexandria, to the Fire District No. 7 Civil Service Board, to fill an unexpired term. Term will expire February 7, 2019. On vote the motion carried.
On motion by Mr. Mr. Scott Perry, seconded by Mr. Ollie Overton, to reappoint Ms. Kathy Overturf, nominee of Louisiana College, to the Rapides Parish Civil Service Board, for a three (3) year term. Term will expire April 14, 2020. On vote the motion carried. REGULAR MEETING APRIL 10, 2017
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for February, 2017: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 501 80% 88.42% Pineville - 8 minute 152 80% 84.21% Rapides - 12 minute 189 80% 88.36% Rapides - 20 minute 202 80% 81.68% On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the request of Fire Protection District No. 6 (Deville), to obtain an appraisal for the property located adjacent to the existing Fire Station, located on Highway 115, Deville, to be paid out of Fire Protection District No. 6 Funds. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to ratify the following State of Emergency Proclamation in Rapides Parish issued by the President for the Severe Weather, due to the impact of torrential rains, damaging winds, widespread power outages and tornado activity April 2, 2017, and authorize the President to sign same:
STATE OF EMERGENCY
RAPIDES PARISH
WHEREAS, the Parish of Rapides is currently faced with a pending emergency due to the effects of Severe Weather;
WHEREAS, a definite threat to property and lives, for the Citizens of Rapides Parish exists due to the impact of torrential rains, damaging winds, widespread power outages and tornado activity April 2, 2017.
WHEREAS, the potential to exhaust local resources exists due to the flash floods which resulted from the torrential rains causing damage to roadways and property limiting Emergency Response access to the Citizens of Rapides Parish;
THEREFORE, I, Craig Smith, President of the Rapides Parish Police Jury by authority vested in me by the Parish Charter and the Louisiana Disaster Act of 1993, do hereby proclaim;
A State of Emergency exists within the Parish of Rapides and that all Emergency Preparedness Plans and the Parish All Hazard Emergency Operations Plan be activated, if necessary.
Issued on this 2nd day of April, 2017 and effective at time of issuance (___ hrs).
On motion by Mr. Richard Billings, 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 REGULAR MEETING APRIL 10, 2017
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., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin On roll call vote the motion carried 8-0.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following Proclamation was presented and unanimously adopted:
PROCLAMATION
WHEREAS, the 49th Anniversary of the National Fair Housing Law, Title VIII of the Civil Rights Act of 1968, during the month of April, is an occasion for all Americans - individually and collectively – to rededicate themselves to the principle of freedom from housing discrimination whenever it exists; and
WHEREAS, this law guarantees for each citizen the critical, personal element of freely choosing a home; and
WHEREAS, a fair housing law has been passed by the State of Louisiana, and implementation of the law requires the positive commitment, involvement, and support of each of our citizens; and
WHEREAS, the department and agencies of the State of Louisiana are to provide leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and
WHEREAS, barriers that diminish the rights and limit the options of any citizen to freely choose a home will ultimately diminish the rights and limit the options of all.
NOW, THEREFORE, the Rapides Parish Police Jury does hereby proclaim the month of April, 2017, as FAIR HOUSING MONTH in the Parish of Rapides.
Thus done and presented this 10th day of April, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to authorize the President to sign a Cooperative Endeavor Agreement with the Louisiana Department of Transportation for donation of reclaimed asphalt from the location of LA 3225, State Project No. H.011660, approximately 73 cubic yards. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to enter into an agreement with the Pelican Club, a member of the National Boat Racing Association, to hold Boat Racing on Kincaid Lake, May 19 – 21, 2017 and authorize the President to sign same.
REGULAR MEETING
APRIL 10, 2017
Mr. Tom Wells, Legal Counsel advised due to a boat sinking last year, would the Jury consider adding pending Legal Counsel’s review, to which the President agreed.
Motion was amended as follows:
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to enter into an agreement with the Pelican Club, a member of the National Boat Racing Association, to hold Boat Racing on Kincaid Lake, May 19 – 21, 2017 and authorize the President to sign same, pending Legal Counsel’s review. On vote the amended motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to approve the Office of Economic and Workforce Development to hire one (1) part-time temporary employee, a Financial Accounting Officer, to assist with accounting and operational functions to begin immediately following Jury approval. Funding for this position will come through the OEWD General Fund Appropriation Account and/or WIOA. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the Public Works Director to hire a Temporary Nuisance Animal Control Officer at a rate of pay of $11.00 per hour to be paid from the Road & Bridge Salary line item. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to remove Mr. Kevin Hightower from the Ruby-Wise Recreation Board due to not being able to locate and the lack of an oath filed with the Clerk of Court for his appointment June 14, 2014. On vote the motion carried.
On motion by Mr. Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to appoint Mr. Cade Strong to the Ruby-Wise Recreation Board to fill the vacancy of an unexpired term. Term will expire June 14, 2019. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to appoint Mr. Robert Thiels and Ms. Iviana Stewart, to the Fire Protection District No. 18 Board representing Rapides Parish Police Jury.
Amended motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to amend the motion to appoint Mr. Mike Boone and Ms. Iviana Stewart to the Fire Protection District No. 18. On vote the amended motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the Public Works Director to submit the necessary documents for the renewal of pre-approved emergency debris sites at Hester Landing Road, VanZant Road and Esler Field Road to the Louisiana Department of Environmental Quality and authorize the President to sign, as recommended by the Public Works Director. On vote the motion carried.
The following resolution was offered by Mr. Richard Billings, seconded by Mr. Richard Vanderlick:
REGULAR MEETING
APRIL 10, 2017
RESOLUTION
A resolution creating Fire Protection District No. 19 of the Parish of Rapides, State of Louisiana; defining and describing the boundaries thereof; and providing for other matters in connection therewith.
WHEREAS, at a regular meeting of the Police Jury of the Parish of Rapides, State of Louisiana (the “Police Jury”), held on March 13, 2017, the Police Jury, acting under the authority of Part I, Chapter 7, Title 40 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), and other constitutional and statutory authority, adopted a resolution giving notice of intention (“Notice of Intention”) to create a fire protection district within the Parish of Rapides, State of Louisiana (the "Parish"), and described the territory of said proposed fire protection district, the boundaries thereof and all other matters required by law, and provided that the Police Jury would meet in open and public session on Monday, April 10, 2017, at three o'clock (3:00) p.m., at its regular meeting place, the Police Jury Meeting Room, 2nd Floor, Parish Courthouse, Alexandria, Louisiana, to hear any and all objections thereon, and after hearing such objections proceed to create said fire protection district; and
WHEREAS, the Notice of Intention was duly published on March 22 and March 29, 2017; and
WHEREAS, pursuant to the Notice of Intention, this Police Jury did on this date (April 10, 2017), hold a public hearing on the creation of the proposed fire protection district, and no objections were made to the creation thereof, the boundaries thereof or the property to be included therein; and
WHEREAS, the Police Jury has determined that the creation of said fire protection district would benefit and is to the best interests of the Parish and the inhabitants of the area affected;
NOW, THEREFORE, BE IT RESOLVED, by the Police Jury of the Parish of Rapides, State of Louisiana (the “Police Jury”), acting as the governing authority of the Parish of Rapides, State of Louisiana (the “Parish”), that:
SECTION 1. By virtue of the authority conferred by Part I, Chapter 7, Title 40 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), and other constitutional and statutory authority, a fire protection district is hereby created within the Parish, which fire protection district shall embrace all of that territory within the following described boundaries:
FIRE PROTECTION DISTRICT NO. 19
Beginning at a point in Indian Creek Reservoir along the southern line of Ward 2 where said line intersects the southern point common to Sections 33 and 35 at the range line separating Township 1 North Range 1 West from Township 2 North Range 1 West; thence in a clock wise direction along the line of Ward 2 to the center of Bayou Clear; thence follow Bayou Clear along the path of the Bayou Clear Diversion Canal to the intersection of Bayou Clear and Bayou Boeuf; Thence southeasterly along Bayou Boeuf to the western right-of-way of I-49; Thence northwesterly to the intersection of Bayou Clear with Indian Creek; Thence REGULAR MEETING APRIL 10, 2017
upstream Indian Creek to the Indian Creek Reservoir control structure; Thence southwesterly to the westernmost corner of Section 36; Thence south-westerly back to the POINT OF BEGINNING. LESS AND EXCEPT THE CITY LIMITS OF WOODWORTH AS OF JANUARY 4, 2017.
SECTION 2. The fire protection district hereby created shall be known and designated as "Fire Protection District No. 19 of the Parish of Rapides, State of Louisiana" (the “District”), and as thus created constitutes a public corporation and political subdivision of the State of Louisiana, and has all rights, powers and privileges granted by and conferred by the Constitution and Statutes of the State of Louisiana to such corporations, including the authority to incur debt, issue bonds and levy taxes and parcel fees.
SECTION 3. In accordance with the provisions of the Act, the Policy Jury shall be the governing body of the District.
SECTION 4. The domicile of the District is hereby designated as the Rapides Parish Police Jury Office, Rapides Parish Courthouse, 701 Murray Street, Alexandria, Louisiana.
SECTION 5. Due notice of the formation and creation of the District hereby created, attached hereto as Exhibit “A”, shall be published in accordance with law and the President of this Police Jury is hereby instructed and ordered to issue notice of the formation and creation of the District and to cause publication thereof to be made in compliance with the provisions of the Act.
SECTION 6. This resolution shall become effective immediately.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSTAINED: none ABSENT: Sean McGlothlin
And the resolution was declared adopted on this, the 10th day of April, 2017.
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT A
NOTICE OF FORMATION
Protection District No. 19 of the Parish of Rapides, State of Louisiana (the “District”), which District comprises and embraces all of that territory contained within the following described boundaries:
FIRE PROTECTION DISTRICT NO. 19
Beginning at a point in Indian Creek Reservoir along the southern line of Ward 2 where said line intersects the southern point common to Sections 33 and 35 at the range line separating Township 1 North Range 1 West from Township 2 North Range 1 West; thence in a clock wise direction along the line of Ward 2 to the center of Bayou Clear; thence follow Bayou Clear along the path of the Bayou Clear Diversion Canal to the intersection of Bayou Clear and Bayou Boeuf; Thence southeasterly along Bayou Boeuf to the western right-of-way of I-49; Thence northwesterly to the intersection of Bayou Clear with Indian Creek; Thence upstream Indian Creek to the Indian Creek Reservoir control structure; Thence southwesterly to the westernmost corner of Section 36; Thence southwesterly back to the POINT OF BEGINNING. LESS AND EXCEPT THE CITY LIMITS OF WOODWORTH AS OF JANUARY 4, 2017.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 10th day of April, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented to amend and add Section 20.9 of the Code of Ordinances as follows:
AN ORDINANCE TO AMEND AND REENACT CHAPTER 20 SO AS TO ADD SECTION 20.9 – DEBRIS AND MATERIAL REMOVAL POLICY OF “DITCH DIRT” AND MASTER COOPERTIVE ENDEAVOR AGREEMENT
CHAPTER 20. ROADS AND DRAINAGE
ARTICLE I. – IN GENERAL
…….. Section 20.9. - DEBRIS AND MATERIAL REMOVAL POLICY OF “DITCH DIRT” AND MASTER COOPERATIVE ENDEAVOR AGREEMENT
The Rapides Parish Police Jury acknowledges the prohibition against the donation of public things. During the course of maintaining the roads and ditches that form a part of the Police Jury Highway System it is necessary to clean out the ditches. The dirt contains material that renders it unusable and it is therefore, necessary to dispose of the dirt in the most economical manner.
Thus, in order to ensure compliance with the provisions of Const. Art. 7 section 14 and to dispose of the dirt in the most economical manner the Jury adopts the following:
- a. The Rapides Parish Police Jury hereby declares that dirt removed from ditches that are adjacent to parish roads is unusable and is of little value. The Rapides Parish Police Jury declares such dirt “surplus property” with little value. REGULAR MEETING APRIL 10, 2017
- b. The Rapides Parish Police Jury authorizes The Rapides Parish Police Jury Highway Department’s representatives to enter into a Cooperative Endeavor Agreement for the disposal of “ditch dirt” and shall dispose of the dirt in the following manner and in the order presented:
- The department shall first determine if the road from which the ditch dirt is removed is a tacitly dedicated road or if it is a road acquired by ownership of the land or by conventional dedication. If the road is a tacitly dedicated road the dirt belongs to the adjacent owner and shall be offered to the owner. The landowner shall sign the affidavit attached as Exhibit A accepting the dirt as is and waving any claim for dumping or disposal fees;
- If the Jury acquired title to the land or acquired the road by conventional dedication then the dirt should be offered to the owner of the land adjacent to the road first. The landowner shall sign the affidavit attached as Exhibit A accepting the dirt as is and waving any claim for dumping or disposal fees.
- In the event that there is no adjacent landowner available or willing to accept and waive the disposal fee, the Highway Department shall transport the dirt to the nearest disposal site operated by the Jury.
- If there is a site available that is suitable for dumping the dirt and due to the distance that exists between the removal site and the Jury site it would be more economical to deposit the dirt in the private site and the owner of the private site will accept the dirt and waive any disposal fee the private site may be utilized in lieu of the Police Jury site. The owner of the private site shall sign the affidavit attached as Exhibit A accepting the dirt as is and waving any charge for disposal of the dirt.
- If a site is available that is suitable for dumping the dirt that due to the distance that exists between the removal site and the Jury site, it would be more economical to deposit the dirt in the private site and the owner of the private site will accept the dirt and waive any disposal fee the private site may be utilized in lieu of the Police Jury site. The owner of the private site shall sign the Cooperative Endeavor Agreement attached as Exhibit A accepting the dirt as is and waving any charge for disposal of the dirt.
The Jury employee supervising the disposal of the dirt shall also sign Cooperative Endeavor Agreement certifying the disposal method used, the quantity of disposed material and that the disposal manner used was the least expensive means of disposing of the dirt.
Exhibit A-Cooperative Endeavor Agreement
In accordance with Article VII, Section 14, of the 1974 Constitution of State of Louisiana (Constitution), the Rapides Parish Police Jury (Jury), herein represented by the Rapides Parish Highway Department designee and landowner enter into this Cooperative Endeavor Agreement. Landowner acknowledges that the Rapides Parish Highway Department is performing road maintenance/repairs/construction in the vicinity of: REGULAR MEETING APRIL 10, 2017
Part of the work involves the removal of dirt (hereinafter referred to as “ditch dirt”) from the roadside ditch. The costs of transporting the ditch dirt to the Rapides Parish Police Jury Highway Department storage facility outweighs the value of the ditch dirt. Therefore, in order to avoid the costs of transportation the landowner hereby grants the Highway Department the right to place this “ditch dirt” material on the described land. The landowner accepts the “ditch dirt” in the condition it is in at the time of the removal from the ditch and the Rapides Parish Police Jury makes no warranty as to the quality of the “ditch dirt”. Once the “ditch dirt” is placed on the described land the “ditch dirt” becomes the property of the landowner and the Rapides Parish Police Jury shall have no further obligation under this agreement.
Undersigned employee of the Rapides Parish Police Jury certifies that the method of disposal utilized is the most economical method available and that _________________ loads of dirt were deposited at the following location:
Landowner
Name: _________________________ Address: _______________________
BE IT FURTHER ORDAINED in all other respects Chapter 20 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 10th day of April, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented to amend Section 20-5 (c) of the Rapides Parish Code of Ordinances as follows:
ORDINANCE
AN ORDINANCE TO AMEND SECTION 20-5(c)
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 10th day of April, 2017, that Section 20-5(c) of the Rapides Parish Code of Ordinances is hereby amended to read as follows:
CHAPTER 20. ROADS AND DRAINAGE
ARTICLE I. – IN GENERAL
…… REGULAR MEETING APRIL 10, 2017
Sec. 20.5. – DRIVEWAY PIPE INSTALLATION ……
- (c) If the Police Jury installs the culvert, the Jury shall charge the applicant $50.00 per twenty foot section of culvert. If the applicant furnishes the fill material on site $30.00 per twenty foot section of culvert. Payment shall be made to the Rapides Parish Police Jury, through the Office of the Treasurer prior to the issuance of the permit by the Highway Department. The charge for installation may be waived if the applicant meets the guidelines for hardship cases as set forth in Section 20-7. ….. BE IT FURTHER ORDAINED in all other respects Chapter 20 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 10th day of April, 2017.
The President, recognized Mayor David Butler, Town of Woodworth, passed out paperwork from LMA pertaining to the Legislative Session and some things being discussed in Baton Rouge.
Mr. Phillip Terrell, District Attorney, Rapides Parish, also spoke about the Legislation Session and the Governor’s Task Force and Criminal Justice Reform.
There being no further business, the meeting was adjourned at 4:02.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.