Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
November 13, 2017 other
Open official PDF ↗ 9 pages sha256:701212a8d7f5…
Posted November 9, 2017
REGULAR SESSION
NOVEMBER 13, 2017 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
JUROR COMMENTS
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Special Sessions on September 18, 2017 to hire Special Counsel, September 18, 2017 for Board of Review, Special, September 22, 2017 and Regular Session on October 9, 2017 as published in the Official Journal.
- Motion that approved bills be paid.
- Motion to accept the Treasurer’s Report.
- Recognize LSUA Chancellor Dr. Guiyou Huang. (Mr. Overton)
- Motion to adopt a resolution providing for canvassing the returns and declaring the result of the special election held in Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana, on Saturday, October 14, 2017, to authorize the rededication and levy of a special tax therein. (April 10, 2017 Jury)
REGULAR MEETING
NOVEMBER 13, 2017
pg. 2
- Motion to adopt a resolution providing for canvassing the returns and declaring the result of the special election held in Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana, on Saturday, October 14, 2017, to authorize the rededication and levy of a special tax therein. (April 10, 2017 Jury)
- Motion to co nsider and take action with respect to adopting a resolution providing for canvassing the returns and declaring the result of the special election held in Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana, on Saturday, October 14, 2017. (April 10, 2017 Jury)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of, starting at the corner on the northwestern boundary of Barron Road which marks the corners of tracts of land belonging to Alexandria Broadcasting Co., Inc., and Sherman W. Bissell, in Section 53, Township 4 North, Range 1 East, Rapides Parish, Louisiana; then North 39 degrees and 47 Minutes East 87.44 feet along the northwestern boundary of Barron Road to the point of beginning; then continue North 39 degrees 47 minutes East along the northwestern boundary of Barron Road 87.86 feet, Then North 47 degrees 35 minutes West 244.75 feet to tract belonging to Alexandria Broadcasting Co., Inc.; thence south 42 degrees 25 minutes west along the boundary line of Alexandria Broadcasting, Co., Inc., 87.75 feet; then South 47 degrees 35 minutes East along the northeastern boundary of lot belonging to Sherman W. Bissell, property shown between red lines on plat survey by Irion Lafargue, Dated1952 annexed to original deed No,. 367,614 and being the same property acquired by Robert E. Miller from Hansford H. Smith, by act recorded in Conveyance Book 436 page 252, records of Rapides Parish, Louisiana, as corrected in Conveyance Book 437, Page 194, all the records of Rapides Parish, Louisiana. Municipal address being Dupree Street, Pineville, to Kimbrel McCarty for the consideration of $1,404.51 cash. (Finance 11/6)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of part of Lots Seven (7) & Eight (8) of Block Sixteen (16) of Welch Addition, as per plat thereof recorded in Conveyance Book Y, Page 430 of the records of Rapides Parish, Louisiana fronting 43.5 feet on 14th Street by 100 feet lying adjacent to the alley and being more particularly shown on Certificate of Survey by Daniel D. Sandefur dates February 10, 1977, a copy of which is recorded in Conveyance Book 896, Page 165 of the record of Rapides Parish, Louisiana. REGULAR MEETING NOVEMBER 13, 2017
pg. 3
Municipal address being 330 N. 14th Street, Alexandria to Ronnie Brooks for the consideration of $2,733.33 cash. (Finance 11/6)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Four (4) of Block Nine (9) and the Six (6) foot by Fifty (50) foot strip of land taken from the abandoned alley located in the rear of Lot Four (4), Ball Addition, Alexandria, as per plat therefore recorded in Plat Book 1, Page 97, of the records of Rapides Parish, Louisiana; said property being more particularly shown on the survey prepared by Avit J. Gremllion on April 16, 1984, which is attached to the Sale of Property dated June 12, 1984, and recorded on June 14, 1984, as Entry No. 784905, Book 1121,Page 523 of the conveyance records of Rapides Parish. Municipal Address being: 1926 Day Street, Alexandria, to Donna Andries, Power of Attorney for Alma F. Huffman, Member/Manager of AFH Rentals, LLC for the consideration of $1,447.37 cash. (Finance 11/6)
- Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Four (4) of Block One (1) of the Lincoln Park Addition to the City of Alexandria, bearing the municipal consideration of $1,333.37 cash. (Finance 11/6)
- Motion to delete from the Rapides Parish Fire District No. 4 the following equipment as is no longer suitable for public use and is scrap ASSET DESCRIPTION DISPOSAL 8248 Scottsman Ice Machine Scrap 10549 Air Compressor Scrap (Finance 11/6)
- Motion to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below:
Tax Debtor Description
Speedy Bee, Inc A certain piece, parcel or tract of land Jay McDonald together with all improvements located thereon, and all rights, way and privileges REGULAR MEETING NOVEMBER 13, 2017
pg. 4
thereto appertaining, being, land and situated in the Northwest Quarter of the Northeast Quarter, Section Two (2), Township Four (4) North, Range One (1) East (T4N-R1W), Rapides Parish, Louisiana, Being Tract “E” on plat by Lafargue and Sandefur, Dated April 20, 1956, Containing 0.646 acres, more particularly described as follows: Start at the Northeast corner of said Section Two (2), then North Eighty-eight (88) degrees, fifty-five (55) minutes West 1606.3 feet to the point of beginning which is a point on the west boundary of and 40.76 feet from the center line of U.S. Highway 71; thence North 88 degrees 55 minutes West 382 feet to a point 30 feet from the center line of pavement of Rigolette Road, Thence North 74 degrees 30 minutes East along the northern boundary of the said road 100 feet; thence South 70 degrees 36 minutes east along the northern boundary of said road 100 feet; thence South 66 degrees 12 minutes East along boundary of road 100 feet; thence south 61 degrees 48 minutes east along northern boundary of said road 100 feet; then south 60 degrees 40 minutes east 90.2 feet to the western boundary of Highway 71; thence north 24 degrees West along the western boundary of said Highway 101.1 feet; thence North 1`4 degrees 15 minutes west along the highway 86.2 feet to the point of beginning. Being the identical property acquired by James T. Barker from Melba Malone Barker by deed dates, filed and recorded June 4, 1976 in Conveyance Book 878, Page 766, records of Rapides Parish, Louisiana Bearing the municipal address of 2705 Shreveport Highway, Pineville (Finance 11/6)
- Motion to ratify authorization for the President to sign and adopt a resolution to the LA DOTD, Division of Administration, to provide funds for Airport Improvements, Capital Improvement Program Application for State Assistance; certify all servitudes and titles are valid and indefeasible, REGULAR MEETING NOVEMBER 13, 2017
pg. 5
hold the State harmless for any projects under the Program and authorize the President to sign subsequent related documents required by FAA and the State, as requested by the Esler Airport Manager. (Finance 11/6)
- Motion to call for a Public Hearing on December 4, 2017, at 3:00 p.m. to discuss the proposed Rapides Parish Police Jury 2018 Budget. (Finance 11/6)
- Motion to approve the request of Ratcliff Construction, to file for a tax allocation credit, Section 179D of the Energy Act of 2005, Internal Revenue Code, for the installation of energy efficient building envelope, HVAC and hot water systems, or interior lighting systems on the Rapides Parish Coliseum Project and authorize the President to sign the necessary documents. (Finance 11/6)
- Omit
- Motion to accept the Public Works Director’s Report. (Public Works 11/6)
- Receive report from Mr. Tom Wells, Legal Counsel on lateral ditch and canal blockage on Cleveland Road. (Public Works 11/6)
- Motion to accept the donation of the right-of-way for Ashlyn Way in the Bayou Oaks Subdivision (Ward 1, District E) and authorize the President to sign same. (Public Works 11/6)
- Motion to accept the donation of a tank car (10 ft. in diameter by 40 ft. in length) from Martin Timberlands, LLC to replace a bridge on the Clifton Road (Ward 7, District E) so that the road may be opened to truck traffic and authorize the President to sign same. (Public Works 11/6) REGULAR MEETING NOVEMBER 13, 2017
pg. 6
- Motion to authorize the Public Works Director to retain temporary employees that work on the grass cutting crews for an additional three weeks to be paid from the Road & Bridge Salary line item. (Public Works 11/6)
- Motion to authorize the President to sign a Cooperative Endeavor Agreement with the Louisiana Department of Transportation for donation of approximately twenty (20) assorted concrete barriers. (Public Works 11/6)
- Motion to authorize to advertise for the removal of timber (approximately 567 trees, with an estimated revenue of $50,000.00) from the Cotile Lake Recreation Park, as recommended by the Park Manager and Purchasing Agent. (Public Works 11/6)
- Motion to grant approval to Available Storage, located on Highway 28 East, Pineville, as recommended by Rapides Area Planning Commission, approved by the Public Works Director, pending Legal Counsels review and authorize signing of the plat. (Public Works 11/6)
- Motion to grant approval to Brooksfield Mobile Home Park, located on Highway 28 East, Pineville, as recommended by Rapides Area Planning Commission, approved by the Public Works Director, pending Legal Counsels review and authorize signing of the plat. (Public Works 11/6)
- Motion to authorize the President to execute Change Order No. 1 for the Tangent Rail Drainage Improvements construction contract between the RPPJ and Beard Construction, to increase the contract price by $25,500.00 for a total contract price of $828,215.00. Funding from GOHSEP and the City of Alexandria to pay total construction contract price. (Grants 11/6)
REGULAR MEETING
NOVEMBER 13, 2017
pg. 7
- Motion to authorize the President to execute Amendment No. 1 for the Gustav/Ike CDBG-DR North Bank-Grant Legal Services contract between the RPPJ and Herman M. Savoie, Jr., to increase the original contract by $250.00 for a total contract price of $1,300.00 and to amend the scope of services to include preparation of “Affidavit of Death Domicile and Heirship” for the required property. Funding from the Louisiana OCD-DRU to pay total contract price. (Grants 11/6)
- Motion to accept the Construction Contract with Petron, LLC for the Esler Regional Airport, Airport Signs and NAVAIDS, as substantially complete, as recommended by the Architect, Pan American Engineers and authorize the President to sign the Certificate of Substantial Completion. (Grants 11/6)
- Motion to request Legal Counsel to obtain an Attorney General opinion to determine if Fire District No. 2 can provide manpower (at no charge) at events hosted at the Rapides Parish Coliseum through SMG, a for profit entity and whether the District has to be reimbursed by SMG for the value of the services provided. (Parochial 11/6)
- Motion to set a fee for public records production of $1.00 per page, letter or legal sized, whenever the number of pages exceed ten (10) sheets and $25.00 per DVD/CD. (Parochial 11/6)
- Motion to adopt an ordinance to amend and reenact Chapter 19 - OFFENSES-MISCELLANEOUS; Section 19-21 - Public buildings defined and Section 19-21.1 - Weapons and firearms prohibited as follows: … Section 19-21. – Public buildings defined.
- (a) For the purpose of this article, the term "public building" shall include, but not be limited to, any real estate, including any building, structure or other construction thereon, owned, leased, or possessed by the Rapides Parish Police Jury for a public purpose
“Other public building” shall also include any but not be limited to, any real estate, including any building, structure or other construction thereon, owned, leased, or possessed by any REGULAR MEETING NOVEMBER 13, 2017
pg. 8
other governmental entity within the Parish of Rapides, whose governing authority has adopted this ordinance.
Section 19-21.1 Weapons and firearms prohibited; penalty.
- (a) Possessing a firearm, or dangerous weapon as defined by R.S. 14:2, by anyone, not exempted in subsection (b) hereof, in a public building or “other public building” is unlawful.
- (b) The provisions of this section shall not apply to a federal law enforcement officer, or a Louisiana-commissioned state, or local post certified law enforcement officer who is authorized to carry a firearm.
- (c) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, in a public building or other public building shall be subject to prosecution as a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or incarceration for not more than sixty (60) days, or both. (Parochial 11/6)
- Motion to amend Section 19-15 of the Code of Ordinances of the Rapides Parish Police Jury to restrict hours of operation for solicitors and peddlers at private residences to Monday through Friday from 9:00 AM to 6:00 PM as recommended by the Tax Administrator and the District Attorney. (Parochial 11/6)
- Motion to adopt a resolution to retain special counsel, Steve Crews, Corkern, Crews, Guillet & Johnson, LLC, to represent the Rapides Parish Police Jury in the matter of Terri Hunter vs. Rapides Parish Coliseum, Civil Suit No. 247,937, “F”, due to retained counsel, Mr. Daniel Broussard, Attorney at Law, is retiring in December and new Counsel will need to review files before his office is closed. (Parochial 11/6)
- Motion to adopt a resolution approving the holding of an election in Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana, on Saturday, April 28, 2018, to authorize the levy of a special tax therein. (Personnel 11/6)
REGULAR MEETING
NOVEMBER 13, 2017
pg. 9
- Motion to adopt a resolution ordering and calling a special election to be held in Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith. (Personnel 11/6)
- Motion to receive the required report from Acadian Ambulance under the Contract for September, 2017:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 566 80% 86.57% Pineville - 8 minute 163 80% 83.44% Rapides - 12 minute 209 80% 89.95% Rapides - 20 minute 172 80% 81.40% (Insurance 11/6)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY BUT WERE POSTED ON THE AGENDA
AFTER THE COMMITTEE MEETING IN COMPLIANCE
WITH THE PUBLIC MEETINGS LAW AND ARE NOW
CONFIRMED AS HAVING BEEN INCLUDED IN THE
PUBLISHED AGENDA BY 2/3RD VOTE
- Motion to hire a temporary employee at the rate of $12 per hour as recommended by the Tax Administrator. (Mr. Fountaine)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY AND WERE NOT POSTED ON THE AGENDA
BUT ARE NOW ADDED BY UNANIMOUS CONSENT
ADJOURNMENT
- In accordance with the Americans with Disabilities Act, if you need special assistance to attend this public meeting, please contact the Police Jury Office at
November 13, 2017 other
Open official PDF ↗ 42 pages sha256:5f29433530f8…
The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of Monday, November 13, 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, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin and Richard Billings.
Juror Absent: Joe Bishop
Also present were Mr. Bruce Kelly, Treasurer; Mr. Dennis Woodward, Public Works Director; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Donna Andries, Sales & Use Tax Administrator; Chief Randy McCain, Fire District No. 2; Ms. Sonya Wiley-Gremillion, OHSEP 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. Ollie Overton.
The Pledge of Allegiance was led by Mr. Sean McGlothlin.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. 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 from the public or the Jurors.
On motion by Mr. Bubba Moreau, seconded by Mr. Sean McGlothlin, to adopt the minutes of the Rapides Parish Police Jury held in Special Sessions on September 18, 2017 to hire Special Counsel, September 18, 2017 for Board of Review, Special, September 22, 2017 and Regular Session on October 9, 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. Mr. Craig Smith abstained.
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin, to accept the Treasurer’s Report. On vote the motion carried.
The next item on the agenda was to recognize LSUA Chancellor Dr. Guiyou Huang.
Dr. Guiyou Huang gave a brief update on LSUA and a brief summary of his
educational and professional resume.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following resolution was presented and unanimously adopted:
RESOLUTION
A resolution providing for canvassing the returns and declaring the result of the special election held in Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana, on Saturday, October 14, 2017, to authorize the rededication and levy of a special tax therein.
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. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana, (the "District"), on SATURDAY, October 14, 2017, to authorize the rededication and levy of a special tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election. SECTION 2. Procès Verbal. A Procès Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority. SECTION 3. Promulgation of Election Result. The result of said election shall be promulgated by publication in the manner provided by law. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop
And the resolution was declared adopted on this, the 13th day of November, 2017. /s/ Laurel Smith /s/ Craig Smith Secretary President
PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN FIRE PROTECTION DISTRICT NO. 4 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 14, 2017.
BE IT KNOWN AND REMEMBERED that on Monday, November 13, 2017, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish
Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, 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"), and being the authority ordering the special election held therein on Saturday, October 14, 2017, with the following members present:
YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop
did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election 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 tax 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?
There was found by said count and canvass that there was a total of 730 votes cast IN FAVOR OF the Proposition and a total of 349 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 381 votes cast IN FAVOR OF the Proposition as hereinabove set forth.
Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly CARRIED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, October 14, 2017.
Exhibit "A" attached hereto and made a part of this Procès Verbal is a copy of the Notice of Special Election and proof of publication thereof.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13th day of November, 2017.
ATTEST: /s/ Craig Smith President
/s/ Laurel Smith Secretary
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 tax 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
POLLING PLACES
Precinct Location 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 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 Pineville N12 (IN PART) J I Barron Elementary School, 3655 Trinity Church Drive, Pineville Pineville Pineville N17 (IN PART) Esler Field Volunteer Fire Station, 6970 Esler Field Road, Pineville N18 AK Ball 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 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.
PROCLAMATION
I, the undersigned President of the Police Jury of the Parish of Rapides, State of Louisiana, the governing authority of Fire Protection District No. 4 of the Parish of Rapides, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, October 14, 2017, was CARRIED by a majority of the votes cast at the said special election, all as described and set out in the above Procès Verbal.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13th day of November, 2017.
/s/ Craig Smith President
On motion by Mr. Scott Perry, seconded by Mr. Ollie Overton, the following resolution was presented and unanimously adopted:
RESOLUTION
A resolution providing for canvassing the returns and declaring the result of the special election held in Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana, on Saturday, October 14, 2017, to authorize the rededication and levy of a special tax therein.
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. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana, (the "District"), on SATURDAY, October 14, 2017, to authorize the rededication and levy of a special tax therein, and said Governing Authority does further proceed to examine and canvass the returns and declare the result of the special election. SECTION 2. Procès Verbal. A Procès Verbal of the canvass of the returns
of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Rapides, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of this Governing Authority. SECTION 3. Promulgation of Election Result. The result of said election shall be promulgated by publication in the manner provided by law. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop
And the resolution was declared adopted on this, the 13th day of November, 2017. /s/ Laurel Smith /s/ Craig Smith Secretary President
PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN FIRE PROTECTION DISTRICT NO. 7 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 14, 2017.
BE IT KNOWN AND REMEMBERED that on Monday, November 13, 2017, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, 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"), and being the authority ordering the special election held therein on Saturday, October 14, 2017, with the following members present:
YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop
did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election 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 tax 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?
There was found by said count and canvass that there was a total of 244 votes cast IN FAVOR OF the Proposition and a total of 62 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 182 votes cast IN FAVOR OF the Proposition as hereinabove set forth.
Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly CARRIED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, October 14, 2017.
Exhibit "A" attached hereto and made a part of this Procès Verbal is a copy of the Notice of Special Election and proof of publication thereof.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13th day of November, 2017.
ATTEST: /s/ Craig Smith President
/s/ Laurel Smith Secretary
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
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 tax 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 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.
PROCLAMATION
I, the undersigned President of the Police Jury of the Parish of Rapides, State of Louisiana, the governing authority of Fire Protection District No. 7 of the Parish of Rapides, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, October 14, 2017, was CARRIED by a majority of the votes cast at the said special election, all as described and set out in the above Procès Verbal.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13th day of November, 2017.
/s/ Craig Smith President
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Vanderlick and unanimously carried, that the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), canvass the returns and declare the result of the special election held in Road District No. 2B (Ward 11) of the Parish of Rapides, State of Louisiana as follows:
PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN ROAD DISTRICT 2B (WARD 11) OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 14, 2017.
BE IT KNOWN AND REMEMBERED that on Monday, November 13, 2017, at three o'clock (3:00) p.m., at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, 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"), and being the authority ordering the special election held therein on Saturday, October 14, 2017, with a quorum being present, did examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of said election, there having been submitted at said election 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 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 canvass of the results of the election showed that there was a total of 638 votes cast IN FAVOR OF the Proposition and a total of 649 votes cast AGAINST the Proposition, and that there was a majority of 11 votes cast AGAINST the Proposition as hereinabove set forth.
Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly DEFEATED by a majority of the votes cast by the qualified electors voting at the said special election.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 13th day of November, 2017.
ATTEST: /s/ Craig Smith President
/s/ Laurel Smith Secretary
On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
FOR THE
CONSIDERATION OF $1,404.51 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain parcel or tract of land, together with all buildings and improvements thereon, consisting of one-half (1/2) acre lying and being situated in Section 53, Township 4 North, Range 1 East, Rapides Parish, Louisiana, and more particularly described as follows, to-wit:
Starting at the corner on the northwestern boundary of Barron Road which marks the corners of tracts of land belonging to Alexandria Broadcasting Co., Inc., and Sherman W. Bissell, in Section 53, Township 4 North, Range 1 East, Rapides
Parish, Louisiana, thence North 39 deg. 47 min. East 87.44 feet along the northwestern boundary of Barron Road to the point of beginning; thence continue North 39 deg. 47 min East along the Northwestern boundary of Barron Road 87.86 feet; thence North 47 deg. 35 min. West 244.75 feet to tract belonging to Alexandria Broadcasting Co., Inc.; thence south 42 deg. 25 min. West along the boundary line of Alexandria Broadcasting Co., Inc., 87.75 feet; thence South 47 deg. 35 min. East along the northeastern boundary of lot belonging to Sherman W. Bissell, 248.77 feet to northwestern boundary of Barron Road and to the point of beginning, said property having an area of one-half (1/2) acre and being that property shown between red lines on plat of survey by Irion Lafargue, dated 23, 1952, annexed to original deed No. 367, 614, and being the same property acquired by Robert E. Miller from Hansford H. Smith, by act recorded in Conveyance Book 436 page 252, records of Rapides Parish, Louisiana, as corrected in Conveyance Book 437, page 194, all of the records of Rapides Parish, Louisiana.
Municipal Address: Dupree Street, Parish of Rapides, State of Louisiana
Said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from KIMBREL McCARTY, to purchase said property for the consideration of $1,404.51 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 KIMBREL McCARTY, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain parcel or tract of land, together with all buildings and improvements thereon, consisting of one-half (1/2) acre lying and being situated in Section 53, Township 4 North, Range 1 East, Rapides Parish, Louisiana, and more particularly described as follows, to-wit:
Starting at the corner on the northwestern boundary of Barron Road which marks the corners of tracts of land belonging to Alexandria Broadcasting Co., Inc., and Sherman W. Bissell, in Section 53, Township 4 North, Range 1 East, Rapides Parish, Louisiana, thence North 39 deg. 47 min. East 87.44 feet along the northwestern boundary of Barron Road to the point of beginning; thence continue North 39 deg. 47 min East along the Northwestern boundary of Barron Road 87.86 feet; thence North 47 deg. 35 min. West 244.75 feet to tract belonging to Alexandria Broadcasting Co., Inc.; thence south 42 deg. 25 min. West along the boundary line of Alexandria Broadcasting Co., Inc., 87.75 feet; thence South 47 deg. 35 min. East along the northeastern boundary of lot belonging to Sherman W. Bissell, 248.77 feet to northwestern boundary of Barron Road and to the point of beginning, said property having an area of one-half (1/2) acre and being that property shown between red lines on plat of survey by Irion Lafargue, dated 23, 1952, annexed to original deed No. 367, 614, and being the same property acquired by Robert E. Miller from Hansford H. Smith, by act recorded in Conveyance Book
436 page 252, records of Rapides Parish, Louisiana, as corrected in Conveyance Book 437, page 194, all of the records of Rapides Parish, Louisiana.
Municipal Address: Dupree Street, Parish of Rapides, State of Louisiana
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included
in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (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, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of November, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented and unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
FOR THE
CONSIDERATION OF $2,733.33 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and being more particularly described as follow:
Part of Lots Seven (7) & Eight (8) of Block (16) of Welch Addition, as per plat thereof recorded in Conveyance Book Y, Page 430 of the records of Rapides Parish, Louisiana fronting 43.5 feet on 14th Street by 100 feet lying adjacent to the alley and being more particularly shown on Certificate of Survey by Daniel D. Sandefur dated February 10, 1977, a copy of which is recorded in Conveyance Book 896, Page 165 of the records of Rapides Parish, Louisiana.
Municipal Address: 330 N. 14th Street, Alexandria, LA
Said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from RONNIE BROOKS, to purchase said property for the consideration of $2,733.33 cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,
WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to RONNIE BROOKS, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or lot of ground, together with all rights, ways and privileges thereunto belonging, being, lying and situated in the City of Alexandria, Rapides Parish, Louisiana, and being more particularly described as follow:
Part of Lots Seven (7) & Eight (8) of Block (16) of Welch Addition, as per plat thereof recorded in Conveyance Book Y, Page 430 of the records of Rapides Parish, Louisiana fronting 43.5 feet on 14th Street by 100 feet lying adjacent to the alley and being more particularly shown on Certificate of Survey by Daniel D. Sandefur dated February 10, 1977, a copy of which is recorded in Conveyance Book 896, Page 165 of the records of Rapides Parish, Louisiana.
Municipal Address: 330 N. 14th Street, Alexandria, LA
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of
whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
- (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
- (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
- (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains
materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of November, 2017.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, the following ordinance was presented and unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
Power of Attorney for Alma F. Huffman Member/Manager of AFH Rentals, LLC
FOR THE
CONSIDERATION OF $1,447.37 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain parcel or tract of land, together with all buildings and improvements thereon, located in Rapides Parish, Louisiana, being more particularly described as follows:
A certain parcel or tract of land, together with all buildings and improvements thereon, located in Rapides Parish, Louisiana, being more particularly described as follows:
Lot 4 of Block 9 and the 6 foot by 50 foot strip of land taken from the abandoned alley located in the rear of Lot 4, Ball Addition, Alexandria, Rapides Parish, Louisiana, as per plat thereof recorded in Plat Book 1, Page 97, of the records of Rapides Parish, Louisiana; said property being more particularly shown on the survey prepared by Avit J. Gremillion of April 16, 1984, which is attached to the Sale of Property dated June 12, 1984, and recorded on June 14, 1984, as Entry No. 784905, Book 1121, Page 523, of the conveyance records of Rapides Parish, Louisiana; said survey being incorporated herein by reference thereto.
Said property was acquired by Miriam Sanchez-Parodi Melian and Rafael M. Melian in a Cash Sale dated April 16, 1986, and recorded on April 17, 1986, as Entry No. 814601, Book 1175, Page 362, of the conveyance records of Rapides Parish, Louisiana.
Said property having been adjudicated to either of aforementioned Cities and/or the
Parish for unpaid property taxes; and
WHEREAS, a request has been received from DONNA ANDRIES Power of Attorney for Alma F. Huffman, Member/Manager of AFH Rentals, LLC, to purchase said property for the consideration of $1,447.37 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 DONNA ANDRIES Power of Attorney for Alma F. Huffman Member/Manager of AFH Rentals, LLC, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain parcel or tract of land, together with all buildings and improvements thereon, located in Rapides Parish, Louisiana, being more particularly described as follows:
A certain parcel or tract of land, together with all buildings and improvements thereon, located in Rapides Parish, Louisiana, being more particularly described as follows:
Lot 4 of Block 9 and the 6 foot by 50 foot strip of land taken from the abandoned alley located in the rear of Lot 4, Ball Addition, Alexandria, Rapides Parish, Louisiana, as per plat thereof recorded in Plat Book 1, Page 97, of the records of Rapides Parish, Louisiana; said property being more particularly shown on the survey prepared by Avit J. Gremillion of April 16, 1984, which is attached to the Sale of Property dated June 12, 1984, and recorded on June 14, 1984, as Entry No. 784905, Book 1121, Page 523, of the conveyance records of Rapides Parish, Louisiana; said survey being incorporated herein by reference thereto.
Said property was acquired by Miriam Sanchez-Parodi Melian and Rafael M. Melian in a Cash Sale dated April 16, 1986, and recorded on April 17, 1986, as Entry No. 814601, Book 1175, Page 362, of the conveyance records of Rapides Parish, Louisiana.
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any,
the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as
soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (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, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of November, 2017.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, the following ordinance was presented and unanimously adopted:
ORDINANCE
AUTHORIZING THE RAPIDES PARISH POLICE JURY
TO SELL
FOR THE
CONSIDERATION OF $1,333.37 CASH
WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as
A certain piece, parcel or lot of ground, together with buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being situated in Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Four (4) of Block One (1) of the Lincoln Park Addition to the City of Alexandria, as per the official plat thereof duly record in the Office of the Clerk of Court for Rapides Parish, Louisiana
Said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and
WHEREAS, a request has been received from GLENN A. STEWART, to purchase said property for the consideration of $1,333.37 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 GLENN A. STEWART, for the offered consideration.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:
Section 1. A certain piece, parcel or lot of ground, together with buildings and improvements thereon, and all rights, ways and privileges thereto appertaining, being situated in Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Four (4) of Block One (1) of the Lincoln Park Addition to the City of Alexandria, as per the official plat thereof duly record in the Office of the Clerk of Court for Rapides Parish, Louisiana
Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.
Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:
- • the mortgage and conveyance records of Rapides Parish,
- • the current telephone book,
- • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities
Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;
Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
- (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “proces verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “proces verbal”);
- (b) The filing of the sale or donation transferring the property.
- (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).
Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:
- (a) Sixty days, for property on which a tax sale certificate (formerly “proces verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “proces verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
- (b) The filing of the sale or donation transferring the property.
- (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).
Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of
this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.
NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.
NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.
Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.
Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.
- (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
- (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
- (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.
Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.
Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.
Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.
- (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the
affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
- (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, release or erasure of any interest in compliance with this Section.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of November, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to delete from the Rapides Parish Fire District No. 4 the following equipment as is no longer suitable for public use and is scrap: ASSET DESCRIPTION DISPOSAL 8248 Scottsman Ice Machine Scrap 10549 Air Compressor Scrap On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to adopt Notice of Intent of Sale through the Abandoned/Adjudicated Property procedures on the property listed below:
Tax Debtor Description
Speedy Bee, Inc A certain piece, parcel or tract of land
Jay McDonald together with all improvements located thereon, and all rights, way and privileges thereto appertaining, being, land and situated in the Northwest Quarter of the Northeast Quarter, Section Two (2), Township Four (4) North, Range One (1) East (T4N-R1W), Rapides Parish, Louisiana, Being Tract “E” on plat by Lafargue and Sandefur, Dated April 20, 1956, Containing 0.646 acres, more particularly described as follows: Start at the Northeast corner of said Section Two (2), then North Eighty-eight (88) degrees, fifty-five (55) minutes West 1606.3 feet to the point of beginning which is a point on the west boundary of and 40.76 feet from the center line of U.S. Highway 71; thence North 88 degrees 55 minutes West 382 feet to a point 30 feet from the center line of pavement of Rigolette Road, Thence North 74 degrees 30 minutes East along the northern boundary of the said road 100 feet; thence South 70 degrees 36 minutes east along the northern boundary of said road 100 feet; thence South 66 degrees 12 minutes East along boundary of road 100 feet; thence south 61 degrees 48 minutes east along northern boundary of said road 100 feet; then south 60 degrees 40 minutes east 90.2 feet to the western boundary of Highway 71; thence north 24 degrees West along the western boundary of said Highway 101.1 feet; thence North 1`4 degrees 15 minutes west along the highway 86.2 feet to the point of beginning. Being the identical property acquired by James T. Barker from Melba Malone Barker by deed dates, filed and recorded June 4, 1976 in Conveyance Book 878, Page 766, records of Rapides Parish, Louisiana, bearing the municipal address of 2705 Shreveport Highway, Pineville. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Sean McGlothlin, to ratify authorization to adopt a resolution to the LA DOTD Division of Aviation (formerly the LA DOTD-OAPT), to provide funds for airport improvements at the Esler Airport specifically described in the Capital Improvement Program Application for State Assistance.
RESOLUTION
BY
THE RAPIDES PARISH POLICE JURY
WHEREAS, Title 2 of the Louisiana Revised Statutes of 1950 provides that cities, towns, parishes, and other political subdivisions of this State may separately or jointly acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft; and,
WHEREAS, the State of Louisiana, Department of Transportation and Development, Division of Aviation (formerly the LA DOTD-OAPT) is charged by Title 2 with the responsibility for the development of aviation facilities within the State to foster air commerce and to safeguard the interests of those engaged in all phases of the aviation industry and of the general public; and,
WHEREAS, the Rapides Parish Police Jury hereinafter referred to as “Sponsor”, has completed an FAA and DOTD approved Master Plan, Action Plan, and/or Airport Layout Plan which outlines the specific future development of the Esler Regional Airport; and, the Sponsor is desirous of implementing a portion of the
approved Plan recommendations which provide for the critically needed improvements as stated below to substantially improve the safety and usability of the Airport, but does not have sufficient funds of its own required for completing the needed improvements; and,
WHEREAS, the LA DOTD, Division of Aviation is authorized by Title 2 to expend funds for the construction or enlargement of airports for the safety and advancement of aeronautics;
NOW, THEREFORE, BE IT RESOLVED:
SECTION I
That the Sponsor does hereby formally request that the LA DOTD, Division of Aviation provide funds required to complete the airport improvements at the Esler Regional Airport specifically as described in the Capital Improvement Program Application for State Financial Assistance dated October 27, 2017.
SECTION II
That the said LA DOTD, Division of Aviation be and is hereby assured that all necessary servitudes, rights-of-way, rights of ingress and egress and means thereof will be furnished by the Sponsor and the titles thereto will be valid and indefeasible, and that the Sponsor will assume ownership, financial reporting, and complete responsibility for the maintenance and upkeep of the airport after completion of said improvement.
SECTION III
That the Sponsor will save and hold the said LA DOTD, Division of Aviation, its officers, agents, and employees harmless from any liability or claim for damages arising out of the project, including death or injuries to third parties including, but not limited to, liability or claim for damages out of the negligence of said LA DOTD, Division of Aviation, its officers, agents, or employees, and expressly agrees to defend any suit of any nature brought against the LA DOTD, Division of Aviation as a result of this project.
SECTION IV
That the President of the Sponsor be and is hereby authorized and directed to evidence this agreement by affixing his signature at the place provided therefore on this resolution and on subsequent related documents/agreements as required by the rules and regulations of the Federal Aviation Administration and the State of Louisiana and the Clerk is hereby authorized to attest said execution.
SECTION V
That this resolution shall be in full force and effect from and after its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of November, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Sean McGlothlin,
to call for a Public Hearing on December 4, 2017, at 3:00 p.m. to discuss the proposed Rapides Parish Police Jury 2018 Budget. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Richard Vanderlick, to approve the request of Ratcliff Construction, to file for a tax allocation credit, Section 179D of the Energy Act of 2005, Internal Revenue Code, for the installation of energy efficient building envelope, HVAC and hot water systems, or interior lighting systems on the Rapides Parish Coliseum Project and authorize the President to sign the necessary documents. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Richard Billings, to accept the Public Works Director’s Report. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to receive a report from Mr. Tom Wells, Legal Counsel on a lateral ditch and canal blockage on Cleveland Road.
Mr. Tom Wells, Legal Counsel, stated that in the Juror’s package today there is a letter that the Red River, Atchafalaya, Bayou Boeuf Levee Board is taking an active role in trying to correct this issue and being it is a Levee Board drainage canal and structure, he recommended that the Jury step back and let the Levee Board proceed.
No vote was taken on the motion.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to accept the donation of the right-of-way for Ashlyn Way in the Bayou Oaks Subdivision (Ward 1, District E) and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to accept the donation of a tank car (10 ft. in diameter by 40 ft. in length) from Martin Timberlands, LLC to replace a bridge on the Clifton Road (Ward 7, District E) so that the road may be opened to truck traffic and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to authorize the Public Works Director to retain temporary employees that work on the grass cutting crews for an additional three weeks to be paid from the Road & Bridge Salary line item. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to authorize the President to sign a Cooperative Endeavor Agreement with the Louisiana Department of Transportation for donation of approximately twenty (20) assorted concrete barriers. On vote the motion carried.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to authorize to advertise for the removal of timber (approximately 567 trees, with an estimated revenue of $50,000.00) from the Cotile Lake Recreation Park, as recommended by the Park Manager and Purchasing Agent. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Sean McGlothlin, to grant approval to Available Storage, located on Highway 28 East, Pineville, as recommended by Rapides Area Planning Commission, approved by the Public Works Director, pending Legal Counsels review and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to grant approval to Brooksfield Mobile Home Park, located on Highway 28 East, Pineville, as recommended by Rapides Area Planning Commission, approved by the Public Works Director, pending Legal Counsels review and authorize signing of the plat. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to authorize the President to execute Change Order No. 1 for the Tangent Rail Drainage Improvements construction contract between the RPPJ and Beard Construction, to increase the contract price by $25,500.00 for a total contract price of $853,715.00 Funding from GOHSEP and the City of Alexandria to pay total construction contract price. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize the President to execute Amendment No. 1 for the Gustav/Ike CDBGDR North Bank-Grant Legal Services contract between the RPPJ and Herman M. Savoie, Jr., to increase the original contract by $250.00 for a total contract price of $1,300.00 and to amend the scope of services to include preparation of “Affidavit of Death Domicile and Heirship” for the required property. Funding from the Louisiana OCD-DRU to pay total contract price. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Sean McGlothlin, the following resolution was presented and unanimously adopted:
RESOLUTION BY
WHEREAS, Petron, LLC, the Contractor for the project entitled Airport Signs and NAVAIDS at Esler Airport, has “Substantially Completed” the work under the Contract as recommended by the Engineer;
NOW, THEREFORE, BE IT RESOLVED, that the Contract of Petron, LLC, the Contractor for said work, is hereby accepted as “Substantially Complete” with the understanding that the final payment will be made upon satisfactory completion of any Punch List items and presentation of the Clear Lien Certificate as required by law; and,
BE IT FURTHER RESOLVED, that the signing and filing with the Clerk of Court of this Resolution of Contract Acceptance by the Rapides Parish Police Jury is hereby authorized; and,
BE IT FURTHER RESOLVED, that the President is authorized to sign a Final Recap Change Order adjusting the final contract quantities and time period as necessary.
YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard
Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop
PASSED, APPROVED AND ADOPTED by the Police Jury of Rapides Parish, Louisiana, on this 13th day of November, 2017.
On motion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, to request Legal Counsel to obtain an Attorney General opinion to determine if Fire District No. 2 can provide manpower (at no charge) at events hosted at the Rapides Parish Coliseum through SMG, a for profit entity and whether the District has to be reimbursed by SMG for the value of the services provided. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to set a fee for public records production of $1.00 per page, letter or legal sized, whenever the number of pages exceed ten (10) sheets and $25.00 per DVD/CD. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to adopt an ordinance to amend and reenact Chapter 19 - OFFENSES-MISCELLANEOUS; Section 19-21 - Public buildings defined and Section 19-21.1 - Weapons and firearms prohibited; penalty as follows:
AN ORDINANCE TO AMEND SECTION 19-21 PUBLIC
BUILDINGS DEFINED AND SECTION 19-21.1 – WEAPONS
AND FIREARMS PROHIBITED; PENALTY
Section 19-21. – Public buildings defined.
- (a) For the purpose of this article, the term "public building" shall include, but not be limited to, any real estate, including any building, structure or other construction thereon, owned, leased, or possessed by the Rapides Parish Police Jury for a public purpose
- (b) “Other public building” shall also include any but not be limited to, any real estate, including any building, structure or other construction thereon, owned, leased, or possessed by any other governmental entity, excluding authorized gun shows, within the Parish of Rapides, whose governing authority has adopted this ordinance.
Section 19-21.1 Weapons and firearms prohibited; penalty.
- (a) Possessing a firearm, or dangerous weapon as defined by R.S. 14:2, by anyone, not exempted in subsection (b) hereof, in a public building or “other public building” is unlawful.
- (b) The provisions of this section shall not apply to a federal law enforcement officer, or a Louisiana-commissioned state, or local post certified law enforcement officer who is authorized to carry a firearm.
- (c) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, in a public building or other public building shall be subject to prosecution as a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or incarceration for not more than sixty (60) days, or both.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of November, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following ordinance was presented to amend and modify Chapter 19 – OFFENSES-MISCELLANEOUS of the Code of Ordinances as follows:
AN ORDINANCE TO AMEND SECTION 19-15-SOLICITING,
PEDDLING, HAWKING, ETC., ON PRIVATE PREMISES
WITHOUT INVITATION-DECLARED MISDEMEANOR
- A. The going in and upon private residences within the Parish of Rapides, outside of any municipality, by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants of such private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking same is hereby declared to be a nuisance and punishable as a misdemeanor, unless such activity fully complies with each of the following:
- (1) The individual performing the solicitation possesses a valid license obtained in accordance with applicable Parish Ordinance(s). If said individual is performing the solicitation on behalf of another, including a business, company, corporation or limited liability company, said person, business, company, corporation or limited liability company shall also have a valid license obtained in accordance with applicable Parish Ordinance(s);
- (2) The solicitation and/or act of soliciting is made for purposes of proposing a valid, lawful commercial transaction and the solicitation is not misleading to the public and/or potential consumers;
- (3) The individual performing the solicitation shall not be an individual who, in accordance with La. R.S. 15:553(D), is prohibited from engaging in employment as a door-to-door solicitor, peddler, or itinerant vendor because said individual is required to maintain registration pursuant to Chapter 3-B of Title 15.
- (4) Any and all solicitation to private residences shall only take place from 9:00 a.m. to 6:00 p.m., Monday through Friday, on days that are not legal holidays, unless the individual performing the solicitation has obtained express permission from an owner or occupant of the private residence to appear at said residence, in advance, of appearing at such residence. The burden of proving compliance with this Subpart shall be on the individual performing the solicitation.
- (5) The individual performing the solicitation shall wear a uniform, badging or name tag displaying: (i) the individual’s name and (ii) the name of the business, company, corporation or limited liability company said individual is representing, if applicable.
- (6) The individual performing the solicitation shall immediately comply with any sign posted on or around a residence that states “No Solicitation”. In the event a “No Solicitation” sign is posted on or around a residence, the individual performing the solicitation shall be prohibited from entering the yard, driveway, patio, porch, residence or other property or curtilage of the residential property.
- B. Religious, political, charitable solicitation or solicitation by an established youth organization shall not be prohibited by this ordinance, provided the individual performing such solicitation is wearing a uniform, badging or name tag displaying the individual’s name and the religious organization, charity, established youth organization or political group, party or candidate. Any individual soliciting under this Subpart shall be required to comply with any “No Solicitation” sign in the manner required by Subpart (A)(6).
- C. The entity responsible for issuing the licenses referenced in Section (A)(1) above shall maintain a list of those who have applied for and obtained a license. This list shall include the following information: (i) the name of the applicant; (ii) the applicant’s address and phone number; (iii) the date the license was issued; and (iv) the expiration date of the license. This list shall be considered a “public record” in accordance with Louisiana Revised Statutes 44:1, et seq., and shall be made available to any person, upon a valid request in accordance with applicable law.
- I. All ordinances or parts of ordinances in conflict herewith be and are hereby repealed.
II. If any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions, items or application of this ordinance which can be given effect without the invalid provisions, items or applications, and to this end, the provisions of this ordinance are hereby declared severable.
III. This ordinance be and is hereby made effective November 13, 2017.
THUS PASSED, APPROVED AND ADOPTED on this 13th day of November, 2017.
On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, the following resolution was presented and unanimously adopted:
RESOLUTION OF THE
WHEREAS, the District Attorney for the Rapides Parish Police Jury, and particularly Assistant D.A., Thomas O. Wells, provides legal representation to the
Rapides Parish Police Jury; and
WHEREAS, a lawsuit has been filed by Terri Hunter, Civil Suit No. 247,934, “F”, naming the Rapides Parish Police Jury as a defendant. This lawsuit involves the issue of the termination of an employee. Thomas O. Wells provided legal advice regarding the termination and regarding reporting the possibility of alleged improprieties to the Rapides Parish Sheriff’s Office.
WHEREAS, a hearing will be scheduled shortly and legal assistance is immediately needed in order to protect the interests of the Rapides Parish Police Jury;
WHEREAS, it is probable that Thomas O. Wells will be required to testify regarding the events leading up to and the manner of termination of Terri Hunter as well as the reporting of the alleged improprieties to the Rapides Parish Sheriff’s Office;
WHEREAS, Rule 3.7 of the Louisiana Rules of Professional Conduct prohibits a lawyer from representation in a case where the lawyer may be called as a witness; and
WHEREAS, the Rapides Parish Police Jury desires to hire Steve Crews, Corkern, Crews, Guillet & Johnson, LLC, to represent the Rapides Parish Police Jury in the matter of Terri Hunter vs. Rapides Parish Coliseum, Civil Suit No. 247,937, “F”, due to retained counsel, Mr. Daniel Broussard, Attorney at Law, is now retiring in December and new Counsel will need to review files before his office is closed; and
WHEREAS, Steve Crews, Corkern, Crews, Guillet & Johnson, LLC has represented the Rapides Parish Jury in previous legal matters and the employment of private counsel will eliminate any issues of legal ethics which would arise in the event it is necessary in the defense of these matters for the Police Jurors to testify as a witness;
NOW, THEREFORE, BE IT RESOLVED that Steve Crews, Corkern, Crews, Guillet & Johnson, LLC, is hereby engaged as counsel for the Rapides Parish Police Jury; at the compensation schedule published and approved by the Attorney General not to exceed $225.00 per hour together with incurred expenses for court cost advances, subpoena and deposition fees, and other like out-of-pocket expenditures, subject however to the approval of the Louisiana Attorney General pursuant to R.S. 42:263
BE IT FURTHER RESOLVED that a certified copy of this resolution and attachments be forwarded to the Honorable Jeff Landry, Attorney General of Louisiana, for his review and approval, all pursuant to R.S. 42-263.
The above resolution was duly introduced, seconded and the vote thereon was as follows:
YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith
NAYS: none ABSENT: Joe Bishop
And the resolution was declared adopted on this 13th, day of November, 2017.
On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following resolution was presented and unanimously adopted:
RESOLUTION
A resolution approving the holding of an election in Gravity Drainage District No.2 of the Parish of Rapides, State of Louisiana, on Saturday, April 28, 2018, to authorize the levy of a special tax therein.
WHEREAS, the Board of Commissioners of Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana (the "District"), adopted a resolution on November 6, 2017, calling a special election in the District on Saturday, April 28, 2018, to authorize the levy of a special tax therein; and
WHEREAS, the Governing Authority has requested that this Police Jury, acting as the governing authority of the Parish of Rapides, State of Louisiana, give its consent and authority for the District to hold the aforesaid election, and, in the event that the election carries, to levy and collect the special tax provided for therein; and
WHEREAS, as required by Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve the holding of said election and, in the event that the election carries, the levy and collection of the special tax provided for therein;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of said Parish, that:
SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana, this Police Jury hereby approves the holding of an election in the District, on Saturday, April 28, 2018, at which election there will be submitted the following proposition, to-wit:
PROPOSITION (MILLAGE)
Shall Gravity Drainage District No. 2 of the Parish of Rapides, State of Louisiana (the “District”), levy a special tax of ten(10 ) mills on all the property subject to taxation within the District (an estimated $889,200 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 acquiring, constructing, improving, maintaining and operating gravity drainage and other flood prevention works for the District, to the extent allowed by applicable law?
SECTION 2. In the event the election carries, this Police Jury does hereby further consent to and authorize the District to levy and collect the special tax provided for therein.
YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop
And the resolution was declared adopted on this, the 13th day of November, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, the following resolution was presented and unanimously adopted:
RESOLUTION
A resolution ordering and calling a special election to be held in Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana (the "District"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the District on SATURDAY, MARCH 24, 2018, 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
(SALES TAX)
Shall Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana (the “District”), be authorized to levy and collect a tax of one-half of one percent (½%) (the “Tax”) upon the sale at retail, the use, the lease or rental, the consumption and the storage for use or consumption, of tangible personal property and on
sales of services in the District, all as defined by law (an estimated $90,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), in perpetuity, commencing January 1, 2018, with the avails and proceeds of the Tax (after paying reasonable and necessary costs and expenses of collecting and administering the Tax) to be dedicated and used for the purpose of acquiring, constructing, maintaining and/or operating fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, including paying the cost of obtaining water for fire protection purposes and further, shall the District be authorized to fund proceeds of the Tax into bonds?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the Alexandria Daily Town Talk, a newspaper of general circulation within the District, published in Alexandria, 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.
Notwithstanding the foregoing, prior to the publication of the Notice of Election, the President is authorized and directed to make any amendments to the foregoing proposition that may be required to comply with any state or federal regulatory agencies
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Rapides Parish Courthouse, 2nd Floor, 701 Murray Street, Alexandria, Louisiana, on MONDAY, APRIL 9, 2018, 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 designated by the governing authority of the District for the precincts set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which the said election will be held.
SECTION 5. Election Commissioners; Voting Machines. The officers designated in accordance with law to serve as Commissioners-in-Charge and Commissioners, including 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, April 9, 2018, 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 ExOfficio 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 levy and collect the sales and use tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: ABSENT: Joe Bishop
And the resolution was declared adopted on this, the 13th day of November, 2017.
/s/ Laurel Smith /s/ Craig Smith Secretary President
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
PROPOSITION
(SALES TAX)
Shall Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana (the “District”), be authorized to levy and collect a tax of one-half of one percent (½%) (the “Tax”) upon the sale at retail, the use, the lease or rental, the consumption and the storage for use or consumption, of tangible personal property and on
sales of services in the District, all as defined by law (an estimated $90,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), in perpetuity, commencing January 1, 2018, with the avails and proceeds of the Tax (after paying reasonable and necessary costs and expenses of collecting and administering the Tax) to be dedicated and used for the purpose of acquiring, constructing, maintaining and/or operating fire protection and emergency medical service facilities, vehicles and equipment, including both movable and immovable property, including paying the cost of obtaining water for fire protection purposes and further, shall the District be authorized to fund proceeds of the Tax into bonds?
Said special election shall be held at the polling places for the following precincts in Fire Protection Sales Tax District No. 18 of the Parish of Rapides, State of Louisiana (the “District"):
PRECINCTS
C22 (IN PART)
S14 (IN PART)
S15 (IN PART)
S19 (IN PART)
S21 (IN PART)
S22 (IN PART)
The polling places designated by the governing authority of the District for the precincts set forth above are hereby designated as the polling places at which the said election will be held.
The said special election will be held in accordance with the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the Rapides Parish Courthouse, 2nd Floor, 701 Murray Street, Alexandria, Louisiana, on MONDAY, APRIL 9, 2018, 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 13th day of November, 2017.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to receive the required report from Acadian Ambulance under the Contract for September, 2017:
Response Number of Required Compliance Zone Responses % %
Alexandria - 8 minute 566 80% 86.57% Pineville - 8 minute 163 80% 83.44% Rapides - 12 minute 209 80% 89.95% On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, that the following items were not considered by the Committee of the Jury but were posted on the agenda after the Committee Meeting and added to the Jury agenda in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by two-thirds vote:
YEAS: Davron “Bubba” Moreau, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSENT: Joe Bishop On roll call vote the motion carried 8-0.
On motion by Mr. Richard Billings, seconded by Mr. Sean McGlothlin, to hire a temporary employee at the rate of $12 per hour as recommended by the Tax Administrator. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Richard Billings, there being no further business, the meeting was adjourned at 3:30 p.m.
Rapides Parish Police Jury Rapides Parish Police
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.