Public Meeting

Rapides Parish Police Jury

· 3:45 p.m. announced

Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301

Meeting documents

September 10, 2018 other

Open official PDF ↗ 30 pages sha256:653fcbfc0ae8…

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, September 10, 2018, at three (3:00) o'clock p.m. (Central Standard Time).

There were present: Davron “Bubba” Moreau, President, Richard Vanderlick, Vice President, and Police Jurors: Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Jr., Sean McGlothlin, Richard Billings and Scott Perry, Jr.

Members absent were: Craig Smith

Also present were Mr. Bruce Kelly, Treasurer; Mr. Dennis Woodward, Public Works Director; Ms. Sonya Wiley-Gremillion, OHSEP Director; Ms. Linda Sanders, Civil Service Director; Chief Randy McCain, Fire District No. 2; Ms. Elaine Morace, WIA Operations Director; Ms. Lin Stewart, Registrar of Voters; Mr. Greg Jones, Legal Counsel and Ms. Laurel Smith, Secretary.

The invocation was given by Mr. Scott Perry.

The Pledge of Allegiance was led by Mr. Richard Vanderlick.

The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Davron “Bubba” Moreau, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.

The President asked if there was any public comment on any agenda item, to which there was no response.

On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on August 13, 2018 as published in the Official Journal. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, that approved bills be paid. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to accept the Treasurer’s Report. On vote the motion carried.

The next item on the agenda was to recognize and present plaques to the Tioga Girls Softball Team (7 & 8 year old) for winning the 2018 Ward 10 Dixie Darlings State Championship and 2018 Dixie Darlings Mega Series World Championship.

Mr. Bubba Moreau, President, presented plaques to the Tioga Girls Softball Team (7 & 8 year old) and to their Coaches.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to delete from the Rapides Parish Fire District No. 7 Asset/Inventory the following

equipment and place it in an upcoming auction: Asset Number Description Disposal 7321 Arson – Gas Detector To be auctioned 9731 Camera To be auctioned 9800 Dell Projector To be auctioned On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to delete from the Rapides Parish Fire District No. 11 Asset/Inventory the following equipment and place it in an upcoming auction: Asset Number Description Disposal 10143 Honda Generator To be auctioned On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to delete from the Rapides Parish Fire District No. 8 Asset/Inventory program the following assets as they are no longer suitable for public use and will be disposed of as listed below: Asset Number Description Disposal 10144 Radio – EF Johnson to be used as trade-in Portable SN# 5270F3806T18531 10145 Radio – EF Johnson to be used as trade-in Portable SN# 5270F3806T20808 10228 Laptop Computer to be auctioned Itronix 10239 Radio – EF Johnson to be used as trade-in SN# 5270F0107T33829 10240 Radio – EF Johnson to be used as trade-in SN# 5270F0107T33819 10241 Radio – EF Johnson to be auctioned Mobile SN# 5477H1007T50108 10242 Radio – EF Johnson to be auctioned Mobile SN# 5477H1007T50132 10405 Camper Shell to be auctioned 9221 1996 Dodge Truck to be auctioned VIN# 1B7AF13YXTJ159356 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to authorize the Rapides Parish Police Jury President to execute the Local Service Agreement between Fire Protection Sales Tax District No. 18 and the Rapides Parish Sales and Use Tax Department for the collection of sales and use tax and authorize the President to sign. On vote the motion carried.

On motion by Mr. Joe bishop, seconded by Mr. Sean McGlothlin, to authorize to delete from the Rapides Parish Fire District No. 7 Asset/Inventory, the vehicle listed below, as it is no longer needed, as recommended by Ruby-Kolin Volunteer Fire Department Board of Directors on August 22, 2018.

Asset Number Description Disposal 10645 2002 Chevrolet Tahoe to be sold On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to authorize Rapides Parish Fire District No. 10 to purchase a used ambulance (2005) from Med-Express for the amount of $11,200.00, as recommended by the Plainview Volunteer Fire Department Board and Fire Chief. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to request the Police Jury to authorize the purchase of Lot 1 and part of Lot 2, Square 32, Alexandria, LA. bearing the address of 421 Lee St., Alexandria, La. to be utilized for additional office space, storage and thirty five (35) parking spaces with the purchase price of $310,000, to be paid to Lee Gateway Development, LLC with Library funds, conditioned upon the property having been appraised and clear title, pending Legal Counsel’s review and authorize the Police Jury President to sign all necessary documents. On vote the motion carried.

The following resolution was offered by Mr. Sean McGlothlin and seconded by Mr. Joe Bishop:

RESOLUTION

A resolution providing for the incurring of debt and issuance of Four Hundred Thousand Dollars ($400,000) of Public Improvement Sales Tax Bonds, Series 2018, of the Parish of Rapides, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.

WHEREAS, the Parish of Rapides, State of Louisiana (the "Issuer" or the “Parish”), is now levying and collecting a special one percent (1%) sales and use tax (the “Tax”) pursuant to an election held on September 19, 1967 (the "1967 Election"), at which election the following proposition was approved by a majority of the qualified electors voting in such election, viz:

PROPOSITION

Shall the Parish of Rapides, State of Louisiana (under the authority of R.S. 33:2721 to R.S. 33:2734, inclusive), be authorized to levy and collect within said Parish a tax of one per cent (1%) 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 upon the sale of services, as presently defined in R.S. 47:301 to 47:317, inclusive, with the avails or proceeds of said tax (after paying reasonable and necessary costs and expenses of collecting and administering the tax) to be allocated and divided between the Parish of Rapides, the Parish School Board of the Parish of Rapides, and incorporated municipalities in the Parish of Rapides on a percentage basis as follows:

  • (i) 9% to the Police Jury of the Parish of Rapides as the governing authority of the Parish (ii) 50% to the Parish School Board of the Parish of Rapides (iii) 33% to the City of Alexandria (iv) 5% to the City of Pineville
  • (v) .5520% to the Town of Boyce (vi) .5232% to the Town of Cheneyville (vii) .7302% to the Town of Glenmora (viii) .7497 to the Town of Lecompte (ix) .1311% to the Village of McNary
  • (x) .1524% to the Village of Forest Hill (xi) .1614% to the Village of Woodworth

and shall the aforesaid political subdivisions dedicate and use the avails or proceeds of their respective allocations of the said tax for the purposes hereinafter set forth:

  • (a) In the case of the Parish, for the purpose of constructing and maintaining public roads, highways and bridges and other capital improvements, paying salaries of Parish employees, and for any other lawful corporate purposes; with such tax proceeds to be subject to funding into bonds, in the manner provided by R.S. 33:2721 to R.S. 33:2734, inclusive, for the purposes of paying all or any part of the costs of one or more capital improvements;
  • (b) In the case of the Parish School Board, for the purpose of supplementing other revenues available to the School Board for the payment of salaries of teachers and other personnel employed by the School Board;
  • (c) In the case of the incorporated municipalities (other than the City of Alexandria), for the lawful corporate purpose (including capital improvements), with the proceeds to be subject to funding into bonds in the manner provided by the laws of the State of Louisiana, for the purpose of paying all or any part of the cost of one or more capital improvements; provided, however, that any such bonds must be approved by the electors of the issuing municipality at an election held in such municipality in accordance with the provisions of R.S. 33:2721 to R.S. 33:2734, inclusive;
  • (d) In the case of the City of Alexandria, for the purpose of paying general operating expenses of the City and paying salaries of City employees.

WHEREAS, the Issuer rededicated the Tax pursuant to an election held on April 4, 2009 (the "2009 Election" and, together with the 1967 Election, the “Elections”), at which election the following proposition was approved by a majority of the qualified electors voting in such election, viz:

PROPOSITION (SALES TAX REDEDICATION)

Summary: Authority to rededicate and distribute the proceeds of a parishwide 1% sales and use tax authorized at an election held on September 19, 1967, between the Parish, the Parish School Board and municipalities, setting forth the purposes

for which the proceeds may be used including the funding of such proceeds into bonds by the Parish and the various municipalities. Shall the Parish of Rapides, State of Louisiana (the "Parish"), rededicate and distribute the proceeds received on and after July 1, 2009, from the levy and collection of a one percent (1%) sales and use tax authorized at an election held on September 19, 1967 (the “Sales Tax”) (an estimated $24,000,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), after paying the reasonable and necessary costs and expenses of collecting and administering the Sales Tax, on a percentage basis as follows: (i) 9% to Rapides Parish; (ii) 50% to the Rapides Parish School Board; (iii) 32.2293% to the City of Alexandria; (iv) 5% to the City of Pineville; (v) .5520% to the Town of Boyce; (vi) .5232% to the Town of Cheneyville; (vii) .7302% to the Town of Glenmora; (viii) .7497% to the Town of Lecompte; (ix) .1311% to the Village of McNary; (x) .1524% to the Village of Forest Hill; (xi) .1614% to the Town of Woodworth (the “1967 Recipients”); and (xii) .7707% to the Town of Ball; and shall the Parish, the School Board and Alexandria continue to be authorized to expend their portions of the proceeds in the manner provided in the proposition of September 19, 1967, together with capital improvements in the case of Alexandria, and shall Alexandria and the Parish each be authorized to fund its portion of the proceeds into bonds in the manner and for the purposes permitted by the laws of Louisiana; and shall the remaining municipalities be authorized to use and expend their portions of the proceeds for any lawful corporate purpose with each of the remaining municipalities portions of the proceeds to be subject to funding into oftlinebonds in the manner provided by the laws of Louisiana, for the purpose of paying all or any part of the cost of capital improvements; provided, however, that any such bonds must be approved by the electors of said issuing municipality as provided in the proposition of September 19, 1967?

WHEREAS, pursuant to the Elections, 9% of the Tax is retained by the Issuer to be used for the purpose of constructing and maintaining public roads, highways and bridges and other capital improvements, paying salaries of Parish employees and for any other lawful corporate purpose; and

WHEREAS, the proceeds of the 9% portion of the Tax received by the Issuer, after payment of all reasonable and necessary costs and expenses of collection and administration of the Tax (the “Net Revenues of the Tax”) shall be available for appropriation and expenditure by the Issuer for the purposes designated in the propositions authorizing the Tax, which includes the payment of bonds authorized to be issued in accordance with Louisiana law; and

WHEREAS, other than the Bonds herein authorized, the Issuer has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the Tax herein pledged, EXCEPT the outstanding Public Improvement Sales Tax Bonds, Series 2012 (the “Outstanding Parity Bonds”); and

WHEREAS, this Governing Authority has determined that all such terms and conditions specified in the resolution authorizing the Outstanding Parity Bonds have been or will be complied with prior to the delivery of the Bonds and it is the express desire and intent of this Governing Authority that the Bonds be issued on a complete parity with the Outstanding Parity Bonds; and

WHEREAS, the Issuer now desires to incur debt and issue its Public

Improvement Sales Tax Bonds, Series 2018, in the principal amount of Four Hundred Thousand Dollars ($400,000) (the "Bonds"), pursuant to Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, for the purpose of paying all or part of the cost of one or more capital improvements, title to which shall be in the public, and paying the costs of issuance thereof; and

WHEREAS, the maturities of the hereinafter described Bonds have been arranged so that the total amount of principal and interest falling due in any year on the Bonds and the Outstanding Parity Bonds will never exceed 75% of the Tax estimated to be received by the Issuer in the year in which the Bonds are issued; and

WHEREAS, it is the desire of the Issuer to fix the details necessary with respect to the issuance of the Bonds and to provide for the authorization and issuance thereof;

NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides State of Louisiana, acting as the governing authority of the Issuer, that:

SECTION 1. Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:

"Act" means Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.

"Additional Parity Bonds" means any additional pari passu bonds which may hereafter be issued pursuant to Section 10 hereof on a parity with the Bonds and the Outstanding Parity Bonds.

"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution, if required.

"Bond" or “Bonds” means the Issuer's Public Improvement Sales Tax Bonds, Series 2018, authorized by this Resolution, in the total aggregate principal amount of Four Hundred Thousand Dollars ($400,000), and any bond of said issue, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued.

"Bond Register" means the records kept by the Paying Agent at its principal office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.

"Code" means the Internal Revenue Code of 1986, as amended.

"Executive Officers" means, collectively, the President and Secretary of the Governing Authority and the Parish Treasurer.

"Fiscal Year" means the one-year accounting period ending December 31st of each year, or such other period as may be designated by the Governing Authority as the fiscal year of the Issuer.

"Governing Authority" means the Police Jury of the Parish of Rapides, State of Louisiana, or its successor in function.

"Interest Payment Date" means June 1 and December 1 of each year in which the Bonds are outstanding, commencing December 1, 2018.

"Issuer" means the Parish of Rapides, State of Louisiana.

"Net Revenues of the Tax" means the revenues derived from the Issuer's nine percent (9%) portion of the Tax, after payment of all reasonable and necessary costs and expenses of collection and administration of the Tax.

"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:

  1. Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
  2. Bonds for which payment sufficient funds have been theretofore deposited in trust for the owners of such Bonds;
  3. Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution; and
  4. Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law.

"Outstanding Parity Bonds" means the Issuer's outstanding Public Improvement Sales Tax Bonds, Series 2012, maturing serially on December 1 of the years 2018 to 2021, as described in the preamble hereto.

"Outstanding Parity Bond Resolution” means the resolution adopted by the Issuer on December 12, 2011, authorizing the issuance of the Outstanding Parity Bonds. "Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.

"Paying Agent" or "Paying Agents" means Sabine State Bank & Trust Company, in the Town of Many, Louisiana, for the Bonds purchased by said Bank, and the Treasurer of the Issuer for the Bonds purchased by the Louisiana Public Facilities Authority, or such successor Paying Agents which may be named by this Governing Authority.

"Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.

"Purchaser" or "Purchasers" means Sabine State Bank & Trust Company, in the Town of Many, Louisiana, for Bonds R-1, R-3, R-5, R-7, R-9, R-11, R-13, R15, R-17, and R-19, and the Louisiana Public Facilities Authority, Baton Rouge, Louisiana, for Bonds R-2, R-4, R-6, R-8, R-10, R-12, R-14, R-16, R-18, and R-20.

"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.

"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.

"Tax" means the one percent (1%) sales and use tax authorized at the elections held within the corporate boundaries of the Issuer on September 19, 1967 and April 4, 2009, as further described in the preamble hereto.

SECTION 2. Authorization of Bonds; Maturities. In compliance with the terms and provisions of the Act, there is hereby authorized the incurring of an indebtedness of Four Hundred Thousand Dollars ($400,000) for, on behalf of, and in the name of the Issuer, for the purpose of paying all or part of the cost of one or more capital improvements, title to which shall be in the public, and to represent said indebtedness, this Governing Authority does hereby authorize the issuance of Four Hundred Thousand Dollars ($400,000) of Public Improvement Sales Tax Bonds, Series 2018, of the Issuer. The Bonds shall be in fully registered form, shall be dated the date of delivery thereof, shall be issued in denominations corresponding to the principal amount of each maturity (one Bond per maturity), and shall be numbered from R-1 upward. The Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing December 1, 2018, at the following rate or rates of interest per annum and shall become due and payable and mature serially on December 1 of the years and in the amounts, as follows:

BOND YEAR PRINCIPAL INTEREST

NUMBER (DECEMBER 1) AMOUNT RATE

R-1 2018 $ 5,000 2.000% R-2 2018 4,000 1.000 R-3 2019 33,000 2.250 R-4 2019 7,000 1.125 R-5 2020 32,000 2.500 R-6 2020 8,000 1.250 R-7 2021 31,000 2.750 R-8 2021 9,000 1.375 R-9 2022 32,000 3.250 R-10 2022 10,000 1.625 R-11 2023 33,000 4.000 R-12 2023 11,000 2.000 R-13 2024 33,000 4.250 R-14 2024 12,000 2.125 R-15 2025 32,000 4.500 R-16 2025 13,000 2.250 R-17 2026 33,000 4.750 R-18 2026 13,000 2.375 R-19 2027 36,000 5.000 R-20 2027 13,000 2.500

The principal of the Bonds upon maturity shall be payable at the principal

office of the appropriate Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check of the appropriate Paying Agent mailed by said Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the respective Bond Registers. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.

No Bond shall be entitled to any right or benefit under this Resolution or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the appropriate Paying Agent by manual signature.

SECTION 3. Redemption Provisions. The Bonds will not be callable for redemption prior to their stated maturity dates.

SECTION 4. Registration and Transfer. The Issuer shall cause a Bond Register to be kept by each Paying Agent. The Bonds may be transferred, registered and assigned only on the appropriate Bond Register, which such registration shall be at the expense of the Issuer, and only by the execution of an assignment form on the Bonds being transferred. A new Bond or Bonds, may, upon request, be delivered by the appropriate Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bond or Bonds after receipt of the Bond(s) to be transferred in proper form. Such new Bond or Bonds shall be in an authorized denomination of the same maturity and like principal. The Paying Agents shall not be required to issue, register the transfer of, or exchange any Bond during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date.

SECTION 5. Form of Bonds. The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to-wit:

NO. R-___________ PRINCIPAL AMOUNT $___________

UNITED STATES OF AMERICA

STATE OF LOUISIANA

PARISH OF RAPIDES

PUBLIC IMPROVEMENT SALES TAX BOND, SERIES 2018 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA

Bond Maturity Interest Date Date Rate

__________, 2018 December 1, ____ ______%

The Parish of Rapides, State of Louisiana (the "Issuer"), promises to pay, but solely from the source and as hereinafter provided, to:

or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on June 1 and December 1 of each year, commencing December 1, 2018 (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid. The principal of this Bond, upon maturity, is payable in lawful money of the United States of America at the principal office of ____________, in the City of _____________, Louisiana, or successor thereto (the "Paying Agent"), upon presentation and surrender hereof. Interest on this Bond is payable by check mailed by the Paying Agent to the registered owner (determined as of the close of business on the 15th calendar day of the month next preceding each Interest Payment Date) at the address as shown on the registration books of the Paying Agent.

This Bond is one of an authorized issue aggregating in principal the sum of Four Hundred Thousand Dollars ($400,000) of Public Improvement Sales Tax Bonds, Series 2018, of the Issuer (the "Bonds") all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on September 10, 2018 (the "Resolution"), for the purpose of paying all or part of the cost of one or more capital improvements, title to which shall be in the public, under the authority conferred by Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (R.S. 39:1430), and other constitutional and statutory authority.

The Bonds will not be callable for redemption prior to their stated maturity dates.

The Issuer shall cause to be kept at the principal office of the Paying Agent a register (the “Bond Register”) in which registration of the Bonds and of transfers of the Bonds shall be made as provided in the Resolution. This Bond may be transferred, registered and assigned only on the Bond Register, which such registration shall be at the expense of the Issuer, and only by the execution of an assignment form hereon. A new Bond or Bonds, may, upon request, be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bond or Bonds after receipt of the Bond(s) to be transferred in proper form. Such new Bond or Bonds shall be in an authorized denomination of the same maturity and like principal. The Paying Agent shall not be required to issue, register the transfer of, or exchange any Bond during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date.

This Bond and the issue of which it forms a part are issued on a complete parity in all respects with the Issuer's Public Improvement Sales Tax Bonds, Series 2012 (the "Outstanding Parity Bonds"). It is certified that the Issuer, in issuing this Bond and the issue of which it forms a part, has complied with all the terms and conditions set forth in the resolution authorizing the issuance of the Outstanding Parity Bonds.

This Bond and the issue of which it forms a part, equally with the

Outstanding Parity Bonds, are payable solely from and secured by an irrevocable pledge and dedication of the Issuer's nine percent (9%) allocation of the avails or proceeds of the special one percent (1%) sales and use tax now being levied and collected by the Issuer pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, and in compliance with elections held in the Issuer on September 19, 1967 and April 4, 2009 (collectively, the “Tax”), subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax (the "Net Revenues of the Tax"). This Bond constitutes a borrowing solely upon the credit of the Net Revenues of the Tax received by the Issuer and does not constitute an indebtedness or pledge of the general credit of the Issuer within the meaning of any constitutional or statutory provisions relating to the incurring of indebtedness. The Issuer has covenanted and agreed and does hereby covenant and agree to continue to levy the Tax for the full period of its authorization and not discontinue or decrease or permit to be discontinued or decreased the Tax in anticipation of the collection of which this Bond and the issue of which it forms a part have been issued, nor in any way make any change which would diminish the amount of said Net Revenues of the Tax pledged to the payment of the Bonds, until all of the Bonds have been paid in principal and interest. For a complete statement of the revenues from which and conditions under which this Bond is issued, reference is hereby made to the Resolution.

This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.

It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.

IN WITNESS WHEREOF, the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in its name by the manual signatures of its President and Secretary and its corporate seal to be imprinted hereon.

PARISH OF RAPIDES,

STATE OF LOUISIANA

Secretary President

(SEAL)



(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION - TO BE PRINTED ON ALL BONDS)

This Bond is one of the Bonds referred to in the within mentioned Resolution.

____________, Louisiana as Paying Agent

Date of Registration: _____________, 2018 By: __________________________ Authorized Officer


(FORM OF ASSIGNMENT)

FOR VALUE RECEIVED, the undersigned Assignor hereby sells, assigns and transfers the within bond and all rights thereunder unto the following Assignee: Name: ___________________________________________________________ Address: _________________________________________________________ _________________________________________________________________, who by its execution below hereby certifies to the Paying Agent that (a) it is (i) an affiliate of the original owner of this Bond, or (ii) a bank, or entity directly or indirectly controlled by a bank, or under common control with a bank, other than a broker dealer or municipal securities dealer, which certifies that it is a "qualified institutional buyer" as defined in Rule 144A of the Securities Act of 1933, as amended, and (b) it consents to the terms of the Purchaser Letter executed by the original owner of this Bond as referenced in the Resolution.

, Assignee___, Assignor

By: _________________________ By: ________________________ Its: _________________________ Its: ________________________


SECTION 6. Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.

SECTION 7. Fidelity Bonds for Officers and Employees. So long as any of the Bonds are outstanding and unpaid, the Issuer shall require all of its officers and employees who may be in a position of authority or in possession of money derived from the collection of the Tax, to obtain or be covered by a blanket fidelity or faithful performance bond, or independent fidelity bonds written by a responsible indemnity company in amounts adequate to protect the Issuer from

loss.

SECTION 8. Pledge of Net Revenues of the Tax. The Bonds, equally with the Outstanding Parity Bonds, shall be secured by and payable in principal and interest solely from an irrevocable pledge and dedication of the Net Revenues of the Tax. The Net Revenues of the Tax are hereby irrevocably and irrepealably pledged and dedicated in an amount sufficient for the payment of the Bonds and the Outstanding Parity Bonds, in principal and interest, as they shall respectively become due and payable, and for the other purposes hereinafter set forth in this Resolution. All of the Net Revenues of the Tax shall be set aside, as provided in the Outstanding Parity Bond Resolution and as herein provided, and shall be and remain pledged for the security and payment of the Bonds and the Outstanding Parity Bonds in principal and interest and for all other payments provided for in this Resolution until the Bonds and the Outstanding Parity Bonds shall have been fully paid and discharged.

SECTION 9. Outstanding Parity Bonds. The Bonds shall be and the same are hereby issued on a parity with the Outstanding Parity Bonds, and the Bonds shall rank equally with and shall enjoy complete parity of lien with the Outstanding Parity Bonds on the Net Revenues of the Tax or other funds specially applicable to the payment of said bonds, including funds established by the Outstanding Parity Bond Resolution.

This Governing Authority does hereby find determine and declare that the Issuer has complied, or will comply prior to the delivery of the Bonds, with all of the terms and conditions set forth in the Outstanding Parity Bond Resolution, with respect to authorizing the issuance of the Bonds on a parity with the Outstanding Parity Bonds.

SECTION 10. Additional Parity Bonds. The Issuer shall issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the Tax having priority over or parity with the Bonds and the Outstanding Parity Bonds, except that additional bonds may hereafter be issued on a parity with the Bonds and the Outstanding Parity Bonds under the following conditions:

  • (a) The Bonds herein authorized, or any part thereof, including the interest thereon, may be refunded, and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Bonds refunded; provided, however, that if only a portion of the Bonds outstanding is so refunded and the refunding bonds require total principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the Bonds refunded thereby, then such Bonds may not be refunded without the consent of the Owner of the unrefunded portion of the Bonds issued hereunder (provided such consent shall not be required if such refunding bonds meet the requirements set forth in clause (b) of this Section).
  • (b) Additional Parity Bonds may be issued on and enjoy a full and complete parity with the Bonds and the Outstanding Parity Bonds with respect to the Tax, provided that:
  • (i) The average annual revenues derived by the Issuer from the Net Revenues of the Tax when computed for the two (2) completed calendar years immediately preceding the issuance of the additional bonds must have been not less than two (2) times the highest combined principal and interest requirements for any succeeding calendar year period on all bonds then outstanding, including any "pari passu" additional bonds theretofore issued and then outstanding and any other bonds or other obligations whatsoever then outstanding which are payable from the Net Revenues of the Tax (but not including bonds which have been refunded or provision otherwise made for their full and complete payment and redemption) and the bonds so proposed to be issued, provided that the required coverage ratio may be reduced from a minimum of two times coverage to a minimum of one and onethird (1-1/3) times coverage if a debt service reserve fund containing at least the lesser of (i) 10% of the original principal amount of the Bonds, the Outstanding Parity Bonds and such Additional Parity Bonds, or (ii) the maximum combined principal and interest requirements in any succeeding bond year on the Bonds, the Outstanding Parity Bonds and such Additional Parity Bonds is established and provisions are made that it be fully funded within five (5) years of the issuance of the Additional Parity Bonds;

(ii) The payments to be made into the various funds provided for in Section 11 hereof must be current;

(iii) The existence of the facts required by paragraphs (i) and (ii) above must be confirmed by the Treasurer of the Issuer, or by an independent firm of certified public accountants who have previously audited the books of the Issuer or by such successors thereof as may have been employed for that purpose;

(iv) The Additional Parity Bonds must be payable as to principal on December 1 of each year in which principal falls due, beginning not later than three (3) years after the date of such bonds, and payable as to interest on June 1 and December 1 of each year; and

  • (v) No Additional Parity Bonds may be issued should any event of default under the Resolution have occurred and be continuing.

SECTION 11. Flow of Funds. In order that the principal of and the interest on the Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Issuer further covenants as follows: all Net Revenues of the Tax shall be deposited daily as the same may be collected to the credit of the Issuer, in a separate and special bank account established and maintained with the regularly designated fiscal agent of the Issuer and known and designated as the "Sales Tax Fund" (the "Sales Tax Fund"). Out of the Net Revenues of the Tax on deposit in the Sales Tax Fund, the Issuer shall first pay (if not previously withheld by the Sales Tax Collector of the Issuer) the reasonable and necessary expenses of collection and administration of the Tax. After payment of such expenses, the remaining balance of the Net Revenues of the Tax shall constitute a dedicated fund of the Issuer, from which appropriations and expenditures by the Issuer shall be made solely for the purposes designated in the proposition authorizing the levy of the Tax, including the payment of the Bonds, which Sales Tax Fund shall be administered and used in the following order of priority and for the following express purposes:

  • (a) The maintenance of the "Sales Tax Bond Debt Service Fund" (the “Debt Service Fund"), sufficient in amount to pay promptly and fully the principal of and the interest on the Bonds herein authorized and the Outstanding Parity Bonds, including any pari passu bonds issued hereafter in the manner provided by this Resolution, as they severally become due and payable, by transferring from the Sales Tax Fund to the regularly designated fiscal agent of the Issuer, monthly in advance on or before the 20th day of each month of each year, a sum equal to onesixth (1/6) of the interest falling due on the next Interest Payment Date and onetwelfth (1/12) of the principal falling due on the next principal payment date, together with such additional proportionate sum as may be required to pay said principal and interest as the same respectively become due. Said fiscal agent shall transfer from the Debt Service Fund to the paying agent bank or banks for all bonds payable from the Debt Service Fund, at least three (3) days in advance of the date on which payment of principal or interest falls due, funds fully sufficient to pay promptly the principal and interest so falling due on such date.

All or any part of the moneys in the Sales Tax Fund or the Debt Service Fund shall at the written request of the Governing Authority be invested in the manner provided by Louisiana law in obligations maturing in five (5) years or less, in which event all income derived from such investments shall be added to the Sales Tax Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sales Tax Fund has been created.

All moneys remaining in the Sales Tax Fund on the 20th day of each month in excess of all reasonable and necessary expenses of collection and administration of the Tax and after making the required payments into the Debt Service Fund for the current month and for prior months during which the required payments may not have been made, shall be considered as surplus. Such surplus may be used by the Issuer for any of the purposes for which the Tax is authorized or for the purpose of retiring Bonds in advance of their maturities, either by purchase of Bonds then outstanding at prices not greater than the then redemption prices of said Bonds, or by redeeming such Bonds at the prices and in the manner set forth in this Resolution.

The Sales Tax Fund and the Debt Service Fund provided for in this Section shall all be and constitute trust funds for the purposes provided in this Resolution, and the Owners of Bonds issued pursuant to this Resolution are granted a lien on all such funds until applied in the manner provided herein. The moneys in such funds shall at all times be secured to the full extent thereof by the bank or trust company holding such funds in the manner required by the laws of the State of Louisiana.

No debt service reserve fund is being established in connection with the issuance of the Bonds. A debt service reserve fund may be established in connection with the issuance of Additional Parity Bonds, under the conditions set forth in Section 10(i).

SECTION 12. Issuer Obligated to Continue to Collect Tax. The Issuer is hereby recognized as being legally bound under the terms and provisions of law and the Election, to levy, impose, enforce and collect the Tax and to provide for all reasonable and necessary rules, regulations, procedures and penalties in connection

therewith, including the proper application of the proceeds of the Tax, until all of the Bonds and the Outstanding Parity Bonds have been retired as to both principal and interest. Nothing herein contained shall be construed to prevent the Issuer from altering, amending or repealing from time to time as may be necessary the resolutions adopted providing for the levying, imposition, enforcement and collection of the Tax or any subsequent resolution providing therefor, said alterations, amendments or repeals to be conditioned upon the continued preservation of the rights of the Owners with respect to the revenues from the Tax. The resolutions imposing the Tax and pursuant to which the Tax is being levied, collected and allocated, and the obligation to continue to levy, collect and allocate the Tax and to apply the revenues therefrom in accordance with the provisions of this Resolution, shall be irrevocable until the Bonds a and the Outstanding Parity Bonds have been paid in full as to both principal and interest, and shall not be subject to amendment in any manner which would impair the rights of the Owners from time to time of the Bonds and the Outstanding Parity Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon. More specifically, neither the Legislature of Louisiana nor the Issuer may discontinue or decrease the Tax or permit to be discontinued or decreased the Tax in anticipation of the collection of which the Bonds and the Outstanding Parity Bonds have been issued, or in any way make any change in such Tax which would diminish the amount of the sales tax revenues to be received by the Issuer, until all of such Bonds and the Outstanding Parity Bonds shall have been retired as to both principal and interest.

SECTION 13. Covenants of the Issuer. In providing for the issuance of the Bonds, the Issuer does hereby covenant that it has a legal right to levy and collect the Tax, to issue the Bonds and to pledge the Net Revenues of the Tax as herein provided.

SECTION 14. Issuer to Maintain Books and Records. So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other records and accounts in which shall be made full and correct entries of all transactions relating to the collection and expenditure of the Net Revenues of the Tax, including specifically but without limitation, all reasonable and necessary costs and expenses of collection. Not later than six (6) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State of Louisiana (or his successor) or by a recognized independent firm of certified public accountants showing the receipts of and disbursements made for the account of the aforesaid Sales Tax Fund. Such audit shall be available for inspection upon request by the Owners of any of the Bonds. The Issuer further agrees that the Paying Agents and the Owners of any of the Bonds shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Tax.

SECTION 15. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds shall be deposited by the Issuer with its fiscal agent bank or banks in a special fund entitled " Parish of Rapides, Public Improvement Sales Tax Bonds,

Series 2018-Construction Fund" to be used only for the purpose for which the Bonds are issued.

SECTION 16. Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer and shall be the only representations of the indebted-ness as herein authorized and created.

SECTION 17. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds, and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.

No material modification or amendment of this Resolution, or of any Resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the revenues appropriated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of the Owners of the Bonds.

SECTION 18. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.

SECTION 19. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:

"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."

SECTION 20. Effect of Registration. The Issuer, the Paying Agents, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agents, nor any agent of either of them shall be affected by notice to the contrary.

SECTION 21. Notices to Owners. Wherever this Resolution provides for

notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the appropriate Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

SECTION 22. Cancellation of Bonds. All Bonds surrendered for payment, transfer, exchange or replacement, if surrendered to the appropriate Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the appropriate Paying Agent and, if not already canceled, shall be promptly canceled by said Paying Agent. The Issuer may at any time deliver to the appropriate Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by said Paying Agent. All canceled Bonds held by the Paying Agents shall be disposed of as directed in writing by the Issuer.

SECTION 23. Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the appropriate Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the appropriate Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.

SECTION 24. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owner, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owner shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.

Bonds or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they are defeased in the manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.

SECTION 25. Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent(s) meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agents in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agents by (a) filing with the Person then performing such function a certified copy of an ordinance or resolution giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.

SECTION 26. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".

The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or

bond necessary to effectuate the purposes of this Section.

SECTION 27. Disclosure Under SEC Rule 15c2-12. The Issuer will not be required to comply with the continuing disclosure requirements described in Rule 15c2-12 of the Securities and Exchange Commission [17 CFR 240.15c2-12].

SECTION 28. Designation Concerning "Qualified Tax-Exempt Obligations". The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3)(B)of the Code. In making this designation, the Issuer finds and determines that:

  • (a) the Bonds are not "private activity bonds" within the meaning of the Code; and
  • (b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2018 does not exceed $10,000,000.

SECTION 29. Award of Bonds. The Issuer hereby accepts the offers of the Purchasers for the Bonds, which offers are attached as Exhibit A and Exhibit B hereto, and an Executive Officer is hereby authorized to execute said offers on behalf of the Issuer. As a condition to the delivery of the Bonds to the Purchasers, each Purchaser will execute a standard letter, acceptable to it and the Issuer, indicating it has conducted its own analysis with respect to the Bonds and is extending credit in the form of the Bonds as a vehicle for making a commercial loan to the Issuer.

SECTION 30. Publication. A copy of this Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer.

SECTION 31. Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.

SECTION 32. Effective Date. This Resolution shall become effective immediately.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau NAYS: None ABSENT: Craig Smith ABSTAIN: None

And the resolution was declared adopted on this, the 10th day of September, 2018.

/s/ Laurel Smith /s/ Davron Moreau Secretary President [EXHIBITS ARE ON FILE WITH THE SECRETARY AND ARE AVAILABLE DURING NORMAL BUSINESS HOURS]

On motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, to delete from the Rapides Parish Fire District No. 5 the following vehicles as surplus to be donated to various other Rapides Parish Fire Districts as requested by the Fire District No. 5 Board of Directors: Asset Number Description Reason for Disposal 7653 1990 GMC Truck Donation 7654 1990 GMC Truck Donation 7655 1990 GMC Truck Donation On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Scott Perry, to authorize to advertise for bids, for the demolition of a building, for Rapides Parish Fire Protection District No. 5, as requested and approved by the Oak Hill Volunteer Fire Department Board of Directors. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize the issuance of a quietus on the part of the Rapides Parish Police Jury in favor of the Sheriff and Tax Collector and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2017, and authorize Bruce Kelly, Treasurer, to issue said quietus. RESOLUTION WHEREAS, William E. Hilton, Tax Collector, has exhibited to the Rapides Parish Police Jury satisfactory evidence that all taxes due to the Parish governing authority shown on the ad valorem tax rolls of Rapides Parish for the year 2017 have been paid or accounted for, and

WHEREAS, the said Rapides Parish Police jury has by resolution, a copy of which is annexed hereto, authorized me to issue this quietus on behalf of the Rapides Parish Police Jury in favor of the said William E. Hilton, Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2017.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau NAYS: None ABSENT: Craig Smith ABSTAIN: None

And the resolution was declared adopted on this the 10th day of September, 2018.

QUIETUS

WHEREAS, William E. Hilton, Tax Collector, has exhibited to the Rapides Parish Police Jury satisfactory evidence that all taxes due to the Parish governing authority shown on the ad valorem tax rolls of Rapides Parish for the year 2017 have been paid or accounted for, and

WHEREAS, the said Rapides Parish Police jury has by resolution, a copy of which is annexed hereto, authorized me to issue this quietus on behalf of the Rapides Parish Police Jury in favor of the said William E. Hilton, Tax Collector, and against any claim on the part of the Rapides Parish Police Jury for the ad valorem taxes of the year 2017.

Bruce Kelly, Treasurer

The following resolution was offered by Mr. Oliver Overton and seconded by Mr. Richard Billings:

RESOLUTION

A resolution approving the issuance, sale and delivery of not exceeding $2,485,000 of Taxable Sewer Revenue Bonds of Sewerage District No. 2 of Rapides Parish, Louisiana, and other matters relating thereto.

WHEREAS, the Board of Supervisors of Sewerage District No. 2 of Rapides Parish, Louisiana (the “Issuer”), by resolution adopted on August 21, 2018, proposes to issue not exceeding $2,485,000 of Taxable Sewer Revenue Bonds (the “Bonds”). The Bonds will bear interest at a rate of not exceeding ninety-five hundredths percent (0.95%) per annum and shall mature not later than twenty-two

  • (22) years from the date thereof. The Bonds will be issued for the purpose of constructing, acquiring, equipping, extending and/or improving the wastewater collection, treatment and disposal system (the “System”) of the Issuer, and paying the costs of issuance of the Bonds. The Bonds will be issued under the authority of Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.

WHEREAS, it is now the desire of the Police Jury of the Parish of Rapides, State of Louisiana, to approve the issuance of the Bonds;

NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Parish of Rapides, State of Louisiana, that:

SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Supervisors of the Issuer, this Police Jury hereby approves the issuance and sale of not exceeding $2,485,000 of Taxable Sewer Revenue Bonds of the Issuer, said Bonds to be issued under the authority and for the purposes stated in the preamble hereto.

SECTION 2. Neither the Parish nor this Police Jury shall be liable in any manner for the payment of the Bonds.

This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau

NAYS: None ABSENT: Craig Smith ABSTAIN: None

And the resolution was declared adopted on this, the 10th day of September, 2018.

/s/Laurel Smith /s/ Davron Moreau Secretary President

On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to accept the Public Works Director's Report. On vote the motion carried.

On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to approve a “Trick or Treating” Event at the Cotile Lake Recreation Area for Saturday, October 27, 2018, with extended gate hours to accommodate the event. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize Mrs. Shirley Franks, 713 Highway 8, Lena, LA 71447, District E, as a Hardship Case. (Proper paperwork has been received) On vote the motion carried.

Mr. Richard Vanderlick requested that the motion to grant approval to Ahrens Subdivision for .9 (nine tenths) of an acre pending approval of the Rapides Parish Health Unit, be laid over to the October Committee Meeting.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to authorize to receive bids for the purchase of automatic gate access equipment for Cotile Recreation, as requested by Cotile Lake Study Committee. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, the following ordinance to reduce the speed limit on Le Bayou Drive was presented and unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTION 18-4.2

  • (G) AND (I) SPEED LIMIT SO AS TO REDUCE THE 25 MPH DISTRICT E.

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 10th day of September, 2018, that Section 18-4.2 (i) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to set a 15 mph speed limit on the following road in District E, Ward 1 as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

Section 18-4.2. Speed limits designated on certain streets:

  • (i) Fifteen miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish road in Rapides Parish in excess of fifteen (15) miles per hour.

...Le Bayou Drive, Ward 1, District E

(l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.

BE IT FURTHER ORDAINED in all other respects Section 18-4.2 of the Rapides Parish Code of Ordinances shall remain unchanged.

BE IT FURTHER ORDAINED that the Parish Highway Department is hereby authorized to erect the speed limit signs on the Road.

THUS DONE AND SIGNED on this10th day of September, 2018.

On motion by Mr. Richard Vanderlick, seconded by Mr. Richard Billings, to form a Committee to clarify and amend the Rapides Parish Code of Ordinance regarding Construction on Rapides Parish Lakes (Chapter 6½ Article V). On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to allow Village of Forest Hill to annex a ten (10) foot wide section down the east side of Parish owned Elwood Road (to allow for several residents who have asked to be annexed into the corporate limits of Forest Hill). On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to ratify authorization for the President to 1) reappoint to the Rapides Workforce Development Board the following list of members for additional terms and, 2) authorize the President to sign a letter addressed to the Louisiana Workforce Commission concerning reappointments for the following members: Members New Term Dates Valerie Aymond 10/1/2018 – 10/1/2021 Tim Dousay 10/1/2018 – 10/1/2021 Michael Johnson 10/1/2018 – 10/1/2021 Debbie Norman 10/1/2018 – 10/1/2021 Jeff Ryan 10/1/2018 – 10/1/2021 Joan Lee 10/1/2018 – 10/1/2021 Jeff Johnson 10/1/2018 – 10/1/2021 Haywood Joiner 10/1/2018 – 10/1/2021 David Broussard 10/1/2018 – 10/1/2021 Chad Bynog 10/1/2018 – 10/1/2021 Rich Dupree 10/1/2018 – 10/1/2021 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick,, to enter into a Cooperative Endeavor between Rapides Parish Fire District No. 5 and Rapides Parish Fire District No. 15 to donate to Fire District No. 15 Asset# 7655 (1990 GMC Truck) bearing VIN# 1GDM7H 1J5LJ607282, as requested by Fire District No. 5 Board of Directors. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into a Cooperative Endeavor between Rapides Parish Fire District No. 5 and Rapides Parish Fire District No. 18 to donate to Fire District No. 18 Asset# 7654 (1990 GMC Truck) bearing VIN# 1GDM7H1J7LJ607400, as requested by Fire District No. 5 Board of Directors. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick, to enter into a Cooperative Endeavor between Rapides Parish Fire District No. 5 and the Town of Glenmora to donate to the Town of Glenmora Asset# 7653 (1990 GMC Truck) bearing VIN# 1GDM7H1J7LJ607395, as requested by Fire District No. 5 Board of Directors and to send a letter of thanks to Rapides Parish Fire District No. 5 for donating the vehicles to other Fire Departments, Towns and Entities. On vote the motion carried.

On motion by Mr. Scott Perry, seconded by Mr. Joe Bishop, to approve contract with Meyer, Meyer, LaCroix & Hixson, Inc., for the Gateway from I-49 to England Airpark Project S. P. No. H.007538 (Ward 8, District I) and authorize the President to sign all the necessary documents, as recommended by the Public Works Director, pending approval by the Parish Legal Counsel. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to Project, Project No. 1786-079-0002, for an increased amount of $9,902.60 (includes $24,000 in liquidated damages), for a total contract amount of $1,870,983.23, to address completed unit price changes and miscellaneous items not anticipated or covered in the original contract, but were required to complete the project, as recommended by Ballard CLC, Inc. Engineers and also to extend the contract time from 280 days to 374 days and authorize the President to sign same. On vote the motion carried. Mr. Sean McGlothlin voted nay.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to ratify the acceptance of a donation from the Rapides Parish Sheriff’s Office, of a 2013 Ford Van VIN# 1FBSS3BL4DDA49460, to the Rapides Parish Police Jury Office to be utilized by the Courthouse Maintenance/Cleanup crew and to send a letter of thanks to the Rapides Parish Sheriff’s Office for their donation of the van to the Rapides Parish Police Jury Maintenance/Cleanup crew. On vote the motion carried.

The following resolution was offered by Mr. Richard Vanderlick and seconded by Mr. Ollie Overton: 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, December 8, 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 August 20, 2018, calling a special election in the District on Saturday, December 8, 2018, to authorize the levy of a special tax therein; and

WHEREAS, the governing authority of the District 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, to levy and collect 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, December 8, 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 $906,000 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 2019 and ending with the year 2028, for the purpose of acquiring, constructing, improving, maintaining and operating gravity drainage and other flood prevention works permitted by 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. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Joe Bishop, Theodore Fountaine, Jr., Oliver “Ollie” Overton, Richard Billings, Scott Perry, Jr., Richard Vanderlick and Davron “Bubba” Moreau NAYS: Sean McGlothlin ABSENT: Craig Smith ABSTAIN: None And the resolution was declared adopted on this, the 10th day of September, 2018.

/s/ Laurel Smith /s/ Davron Moreau Secretary President

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to reappoint Mr. Zack Daughtry on the Zachary Taylor Parkway Board for a two (2) year term. Term will expire August 31, 2020. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Scott Perry, to reappoint Mr. Buck Vandersteen on the Zachary Taylor Parkway Board for a two

  • (2) year term. Term will expire August 31, 2020. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to reappoint Mr. Blake Jenkins on the Buckeye Recreation Board for a five (5) year term. Term will expire September 13, 2023. On vote the motion carried.

On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, to reappoint Mr. Melvin Christy on the Fire District No. 3 Civil Service Board, Police Jury appointment, for a three (3) year term. Term will expire October 10, 2021. On vote the motion carried.

On motion by Mr. Scott Perry seconded by Mr. Richard Billings, to reappoint Mr. John Miller on the Sewerage District No. 2 Board for a four (4) year term. Term will expire October 12, 2022. On vote the motion carried.

On motion by Mr. Scott Perry, seconded by Mr. Sean McGlothlin, to reappoint Mr. Walter Warwick on the AICUZ Appeal Board for a three (3) year term. Term will expire May 9, 2021. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Richard Billings, to renew the Insurance for the 2019 Humana Group Medicare for the Retirees and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to appoint Mr. Michael Jones on the Housing Authority Board to fill the unexpired term of Mr. Billy Norris. Term will expire November 9, 2021. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for July, 2018: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 569 80% 88.22 % Pineville - 8 minute 149 80% 81.88 % Rapides - 12 minute 275 80% 88.73 % Rapides- 20 minute 179 80% 81.01 % On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to authorize to renew the contract between Fire Protection District No. 11 and the Spring Creek Volunteer Fire Department, to provide fire protection services for a ten (10) year period effective September 10, 2018, and authorize the President to sign. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Vanderlick, to

authorize the renewal of the annual commercial auto, equipment and property insurance with Risk Services, to be paid from various fund accounts and authorize the President or Treasurer to sign all necessary documents. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton that the following item was not considered by the Committee of the Jury but was posted on the agenda after the Committee Meeting and is now confirmed as having been added to the agenda by two-thirds vote. On vote the motion carried 8-0.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton, to enter into a Cooperative Endeavor between the Rapides Parish Sherriff’s Office and Rapides Parish Fire District No. 5 to accept the donation of a 2003 - GMC Yukon bearing VIN #1GKEK13Z14R170275 from the Rapides Parish Sheriff’s, as requested by Fire District No. 5 Board of Directors. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Richard Vanderlick that the following item was not considered by the Committee of the Jury but was posted on the agenda after the Committee Meeting and is now confirmed as having been added to the agenda by two-thirds vote. Mr. Theodore Fountaine voted nay. On vote the motion carried 7-1.

On motion by Mr. Richard Vanderlick, seconded by Mr. Joe Bishop, to authorize the Office of Economic and Workforce Development to create a position entitled Accountant II - Compliance Coordinator to be funded out of Workforce Innovation and Opportunity Act (WIOA) and other contract funds as appropriate, to be filled immediately. This position is needed to:

  1. Track and report on expenditures by program and line item to Director to ensure funds are spent timely and in compliance with the grant law, annual plan, and the federal Office of Management and Budget (OMB) Super Circular regulations and updates; and
  2. Manage and ensure revenue & expenditure compliance according to the infrastructure cost allocation plan and in coordination with our required partners:
  • a. Adult Education
  • b. Louisiana Rehabilitation Services (LRS)
  • c. Senior Employment Services
  • d. Job Corps
  • e. Jobs for Veterans State Grants
  • f. Temporary Assistance for Needy Families (TANF)
  • g. Wagner-Peyser
  • h. Community Services Block Grant (CSBG)
  • i. Trade Adjustment Assistance (TAA)
  • j. Louisiana Technical and Community College System (LCTCS)
  • k. Housing and Urban Development (HUD)
  • l. National Farmworker Jobs Program (NFJP)
  • m. Native American Programs

Mr. Theodore Fountaine questioned Ms. Elaine Morace, OEWD Director, if she had brought this job creation to the Rapides Parish Civil Service Board, to which Ms. Morace stated no, it has to go before the Jury first. Mr. Fountaine stated the Jury hadn’t had time to go over this item and also wanted to know the amount of

salary, to which Ms. Morace stated Civil Service determines the amount.

Discussion ensued.

Mr. Joe Bishop stated that the only thing the Jury is doing today is to approve the creation of a position, to bring it to Civil Service. The Jury doesn’t have the final say so to hire, fire or anything. It’s strictly just for Ms. Morace to bring this to Civil Service. This is a new position. Mr. Bishop questioned Ms. Morace how many Accountants she had, to which Ms. Morace stated one temporary.

Discussion ensued.

On vote the motion carried. Mr. Theodore Fountaine voted nay.

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin that the following item was not considered by the Committee of the Jury but was posted on the agenda after the Committee Meeting and is now confirmed as having been added to the agenda by two-thirds vote. On vote the motion carried 8-0.

On motion by Mr. Richard Billings, seconded by Mr. Ollie Overton to authorize participation in the Emergency Management Performance Grant (EMPG 2018), Grant #EMT-2018-EP-00003-S01, to be administered by the Rapides Parish Homeland Security and Emergency Preparedness Office and to authorize the OHSEP Director to sign related documents. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Richard Billings that the following item was not considered by the Committee of the Jury but was posted on the agenda after the Committee Meeting and is now confirmed as having been added to the agenda by two-thirds vote. On vote the motion carried 8-0.

On motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to appoint Father Bruce Miller to the Pineville Downtown Development District, representing the Rapides Parish Police Jury, pending confirmation from the City Council of Pineville. On vote the motion carried.

On motion by Mr. Richard Billings, seconded by Mr. Richard Vanderlick that the following item was not considered by the Committee of the Jury but was posted on the agenda after the Committee Meeting and is now confirmed as having been added to the agenda by two-thirds vote. On vote the motion carried 8-0.

On motion Joe Bishop, seconded by Mr. Richard Billings, to approve participation and authorize OHSEP Director to Administer, Designate Project Director and sign related documents for the 2018 State Homeland Security Grant Program (EMW-2018-SS-00016-S01, CFDA #97.067). Administration will be in accordance with grant guidelines.

TOTAL AWARD AMT: $67,751.41

Planning, training, exercise, & equipment for purpose of emergency preparedness and response i.e.; P25 compliant interoperable communications equipment - hazmat, etc. all of which must be on the (AEL) State/Fed Approved Equipment List and recipients must meet minimum requirements i.e.; NIMS compliant,

certified to use specialized equipment, etc.

Requirements include: 25% allocation to Law Enforcement for Terrorism prevention activities, include planning, organization, training, exercise and equipment activities. Spending plan must be developed for these funds by the LE working group. 100% Federal & State - NO LOCAL MATCH

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin that the following item was not considered by the Committee of the Jury but was posted on the agenda after the Committee Meeting and is now confirmed as having been added to the agenda by two-thirds vote. On vote the motion carried 8-0.

On motion by Mr. Ollie Overton, seconded by Mr. Richard Billings, to authorize the President to sign the agreement with the State of Louisiana Office of Community Development Disaster Recovery Unit (OCD-DRU) through the restore Louisiana Infrastructure: FEMA Public Assistance non-federal share match program. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to add the following motion to the agenda, received after the Jury Meeting agenda was posted in compliance with the Public Meetings Law and is now confirmed as having been added to the agenda by a unanimous vote. On vote the motion carried 8-0.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to award Bid #2675 – Purchase One (1) Used Forklift for Coliseum to the sole bidder, Scott Equipment Company, LLC for the amount of $24,700.00 to be paid from Coliseum Funds as recommended by the Treasurer and Purchasing Agent. On vote the motion carried.

There being no further business, motion by Mr. Richard Billings, seconded by Mr. Joe Bishop, the meeting was adjourned at 3:45 p.m.

Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.

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