Public Meeting

Rapides Parish Police Jury

· 3:00 p.m. announced

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

Meeting documents

June 8, 2020 other

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Posted June 4, 2020

RAPIDES PARISH POLICE JURY MEETING

OF JUNE 8, 2020 AT 3:00 p.m. PUBLIC NOTICE

PUBLIC GATHERINGS LIMITED

The Governor’s Proclamation of June 4, 2020 restricts public gatherings to 50% of the total occupancy of the State Fire Marshal, and requires a six (6) foot minimum of social distancing, limiting the public seating area for the Rapides Parish Police Jury meeting to 30 members of the public, on a first come basis through June 26, 2020.

WRITTEN CERTIFICATION

The Rapides Parish Police Jury consists of 9 elected Jurors, and essential staff for Police Jury meetings. The Police Jury would be unable to operate and hold its public meeting due to quorum requirements unless said Police Jury meeting is conducted pursuant to the authorization provided by the Governor’s Proclamation of June 4, 2020, which specifically provides that a political subdivision SHALL provide for the attendance at essential governmental meetings via teleconference or video conference. Therefore, the Rapides Parish Police Jurors and essential staff shall be allowed to participate in this meeting via teleconference or video conference.

PUBLIC OBSERVATION AND COMMENTS

In accordance with Proclamation of the Governor, the public and the media shall be allowed to observe this Police Jury meeting via Facebook live. At 3:00 p.m. to watch the Police Jury Meeting live.

This meeting shall be conducted with the standard Police Jury meeting “public comments” rules, and the public or media shall be allowed comment by telephone (318) 473-6663 at 3:10 p.m. for the “Public Comments On Any Agenda Item” section.

Craig Smith, President

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REGULAR MEETING

JUNE 8, 2020

pg. 2

PUBLIC COMMENT ON ANY AGENDA ITEM

JUROR COMMENTS

  1. Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on May 11, 2020, as published in the Official Journal.
  2. Motion that approved bills be paid.
  3. Motion to adopt the General Fund budget for 2020, as recommended by the Treasurer. (Finance 6/1)
  4. Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lots Three (3) and Four (4) of Square Six (6) Vanderhoeven’s Subdivision, bearing the municipal address of 2003 Van Street, Alexandria, to Mr. Claude A. Richey for the consideration of $4,000.00 cash. (Finance 6/1)
  5. Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Seventeen (17), Square Three (3), Alexandria, to Stephen Good for the consideration of $3,470.43 cash. (Finance 6/1)
  6. Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Nine (9), Block Four (4) and Part of Lot ADJ thereto of Hakenyos of Block Four (4), Ball Addition, bearing the municipal address of 2019 Levin Street, Alexandria, to Throne of Grace Church for the consideration of $5,666.66 cash. (Finance 6/1)
  7. Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot 124.6’ on 2nd Street x 100’ x 128’ x 96’ in UNK# Block 2nd and Casson, bearing the municipal address of 1705 Main Street, Alexandria, to Timothy Dousay for the consideration of $4,866.66 cash. (Finance 6/1) REGULAR MEETING JUNE 8, 2020

pg. 3

  1. Motion to adopt an ordinance authorizing the sale of abandoned/adjudicated property with the legal description of Lot Eleven (11) of Block Nineteen
  • (19) of Race Track Addition, bearing the municipal address of 361 N. 16th Street, Alexandria, to Philadelphia Baptist Church for the consideration of $2,694.41 cash. (Finance 6/1)
  1. Motion of Intent to Sell the following Abandoned/Adjudicated Properties: TAX DEBTOR DESCRIPTION Ken Rodenbeck Lot One (1), Block Seven (7), I. W. Ball Addition Bearing the Municipal address of: Theodore Fountaine - District D

Sarah J. Addition, et al Lot Sixteen (16) Block M Roy O. Martin Subdivision #2 Bearing the Municipal address of: Oliver Overton - District F (Finance 6/1)

  1. Motion to authorize the advertisement for bids for the Ball Lane – Bayou Rapides Road Intersection Improvements (and related drainage improvements), as recommended by Meyer, Meyer, LaCroix & Hixson, Project Engineer. Bids will be received at the appropriate time and date in accordance with Louisiana Public Bid Law. The project will be constructed with District I Road Maintenance Funds. (Finance 6/1)
  2. Motion to accept Aloha – Rigolette North Bank, State Project No. 40PARA3301, Under Seepage Control Berm, as substantially complete and authorize the President to execute the appropriate documents for recordation. The work has been inspected by USACE, the LADOTD, 9th Levee District and Engineers and found to be substantially complete. (Finance 6/1)
  3. Motion to authorize Rapides Parish Fire District No. 11 to sell to Glenmora Fire Department, the two (2) trucks listed, for $9,000.00 and to delete the trucks from Fire District No. 11 Asset/Inventory Program, as agreed between the Chiefs of the Fire Departments. REGULAR MEETING JUNE 8, 2020

pg. 4

Asset Number Description Disposal 12249 1993 – KME Fire Engine Sold VIN# 1K9AF4282PN058709 9562 1995 – Ford Rescue Sold VIN# 1FDLF47F0SEA22725 (Finance 6/1)

  1. Motion to authorize Alliance Design Group, LLC, Project Architect, to advertise to receive bids for the Alfred L. Boyce Wettermark Library and authorize the President to sign all necessary documents. (Finance 6/1)
  2. Motion to authorize to enter into an Intergovernmental Agreement with the Village of McNary for the Parish Highway Department to perform forty (40) hours of road repair, limb trimming and ditch work within corporate limits, as requested by the Village of McNary, to be paid out of the Road & Bridge Fund and authorize the President to sign same. (Finance 6/1)
  3. Motion to adopt a resolution to enter into a Financing Agreement with Government Capital Corporation for the purchase of a Bonaventure Rosenbauer Pumper mounted on a Freightliner M2-106 2 door chassis, approved by Resolution dated May 13, 2019, in the amount of $395,799, to be purchased from Bonaventure, with terms and conditions to be five
  • (5) annual payments of $64,507.28 (interest rate of 2.85%), as recommended by the Spring Creek Volunteer Fire Department Board of Directors, Treasurer and Purchasing Agent, to be paid out of Fire District No. 11 Funds and authorize the President to sign necessary documents. (Finance 6/1)
  1. Motion to authorize the President to sign a contract between the Rapides Parish Police Jury and the Department of Public Safety and Corrections/Office of Juvenile Justice to allow the Ninth Judicial District Court to continue to participate in the Title IV-E Federal Foster Care Reimbursement Program, CFDA Number 93.658, for the period of July 1, 2020 through June 30, 2023. (Finance 6/1)

REGULAR MEETING

JUNE 8, 2020

pg. 5

  1. Motion to award Bid No. 2819 (Rapides Parish Health Unit – Blood Work Project), to the lowest bidder, Pat Williams Construction Company, for the amount of $29,580.00, as recommended by the Architect/Engineering Firm and the Purchasing Agent. (Finance 6/1)
  2. Motion to approve the Public Works Committee recommendation for revocation of McFarland Road pursuant to all property owners request and favorable report of the Public Works Director and Legal Counsel. (Public Works 6/1)
  3. Motion to authorize the Public Works Director and Legal Counsel to review a request for partial Parish roadway revocation pursuant to LSA R.S. 48:701 et seq., for West Cemetery Road/Leroy Harper Road, and reset a public hearing for the July 6, 2020 meeting due to COVID-19 Emergency. (Public Works 6/1)
  4. Motion to ratify authorization to approve the following Rapides Parish Roadway Capital Improvement Program 2020-2022, as recommended by the Public Works Director.
  • • 2020
  • • District Ward Road Name
  • • A 10 St. Ann Road
  • • B 10 Eagle Circle
  • • B 9 Adams Path REGULAR MEETING JUNE 8, 2020

pg. 6

  • • 2021
  • • District Ward Road Name
  • • A 10 Woodcreek Loop
  • • A 10 Clark Circle

REGULAR MEETING

JUNE 8, 2020

pg. 7

  • • 2022
  • • District Ward Road Name (Public Works 6/1)
  1. Motion to authorize the President to sign a renewal of the One-Stop Operator Contract between the Rapides Parish Police Jury and the Louisiana State University at Alexandria for an optional term of one (1) year from July 1, 2020 through June 30, 2021. The Workforce Development Board approved the renewal on May 21, 2020. The Contract will be funded through the WIOA grant funds. Treasurer to amend the budget accordingly. (Workforce 6/1)
  2. Motion to authorize the President to sign the Comprehensive Memorandum of Understanding (MOU) and allow WOD staff to issue MOU to required partner agencies for signature. The Workforce Innovation and Opportunity Act (WIOA) sec. 121(c)(1) requires the Local Board (Rapides WDB), with the agreement of the Chief Elected Official (CEO), to develop and enter into a Memorandum of Understanding (MOU) between the Local Board and the One-Stop Partners, consistent with WIOA sec. 121(c)(2), concerning the operation of the One-Stop delivery system in a local area. Additionally, the sharing and allocation of infrastructure costs among One-Stop Partners is governed by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR REGULAR MEETING JUNE 8, 2020

pg. 8

part 200. The Comprehensive MOU between the Rapides Parish Police Jury, the Workforce Development Board and Local Workforce Area One-Stop Partners will be effective July 1, 2020 through June 30, 2023. The Workforce Development Board approved the chairperson to sign the Comprehensive MOU on May 21, 2020. (Workforce 6/1)

  1. Motion to accept Mr. Sean McGlothlin resignation from the Rapides Rapides Area Planning Commission and appoint Mr. David Johnson to fill the unexpired term. Term will expire January 8, 2024. (Personnel 6/1)
  2. Motion to waive the thirty (30) day announcement rule and reappoint Mr. Lance Speer to the Buckeye Recreation District for a five (5) year term. Term will expire April 12, 2025. (Personnel 6/1)
  3. Motion to waive the thirty (30) day announcement rule and reappoint Chief Deputy Michael Jones to the Housing Authority Board for a five (5) year term. Term will expire July 14, 2025. (Personnel 6/1)
  4. Motion to waive the thirty (30) day announcement rule and reappoint Mr. Les West to the Waterworks District No. 11A Board for a five (5) year term. Term will expire July 12, 2025. (Personnel 6/1)
  5. Motion to receive the required report from Acadian Ambulance under the Contract for April, 2020:

Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 393 80% 84.73% Pineville - 8 minute 121 80% 84.30% Rapides - 12 minute 166 80% 93.37% Rapides - 20 minute 185 80% 88.10% (Insurance 6/1)

REGULAR MEETING

JUNE 8, 2020

pg. 9

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

  1. Motion to grant approval to Deville Estates, located at Highway 115 and Highway 1207, Deville, as recommended by the Rapides Area Planning Commission and Pan American Engineers, pending Legal Counsel approval. (Mr. Smith)
  2. Motion to waive the insurance requirements for the sewer effluent discharge permit at 323 Azalea Ave, Pineville, for William Hutchinson, as requested by the Rapides Area Planning Commission and approved by the Public Works Director and the Rapides Parish Health Unit. (Mr. Smith)
  3. Motion to purchase Ford F-350 for Rapides Parish Fire District No. 17 for the amount of $37,757.25 off the City of Alexandria Bid No. 2243, as requested by the Board. (Mr. Johnson)
  4. Motion to adopt a resolution that the Rapides Parish Police Jury strongly opposes House Bill 14, of the 2020 First Extraordinary Session, that provides for a State centralized collector to collect our local sales taxes and any other bills that limit the Jury’s authority. Copy of this resolution to go our Legislative Delegation and Louisiana Police Jury Association. (Mr. Smith)
  5. Motion to authorize Rapides Parish Fire District No. 7 to submit a grant application to the Volunteer Fire Assistance Program administered through the Louisiana Department of Agriculture and Forestry, for personal protective equipment, as requested by the Ruby-Kolin Volunteer Fire Department Board of Directors and authorize the President to sign necessary documents. This is a 50% matching fund program with a total cost not to exceed $3,076.10. (Mr. Smith) REGULAR MEETING JUNE 8, 2020

pg. 10

  1. Motion to select Turner & Turner Contracting, LLC to provide abatement and demolition services for the acquisition of property at 208 Davis Drive, Pineville, LA participating in the Rapides Parish-Hazard Mitigation Grant Program (HMGP) Acquisition Project, FEMA-4263-DR-LA, Project No. 0004, CFDA No. 97.039, and to authorize the President to sign contract, as recommended by the Grant Administrator, Rapides Area Planning Commission, pending legal counsel review. The firm is the lowest bidder at $18,875.00 (per the CFR 200.320 (b) procurement procedures). The project is 75% federally funded, with a 25% homeowner match. (Mr. Bishop)
  2. Motion to accept as substantially complete Bid No. 2743 – 2019 Various Road Improvements District A, B, C, D, E, F, H and I, as recommended by the Engineering Firm of Fontenot & Associates and the Parish Public Works Director. (Mr. Bishop)
  3. Motion to approve amendments to Drug Policy for Parish Employees as discussed with Civil Service Commission, subject to approval of language by legal counsel. (Mr. Smith)
  4. Motion to relocate the voting place for Precincts C38-A and C38-B from the Louisiana Special Education Center (5400 Coliseum Blvd., Alexandria, La. 71303), to the Rapides Parish Coliseum Exhibition Building (5600 Coliseum States Emergency Election Plan for the July 11, 2020 Presidential Preference Primary and August 15, 2020 Municipal General Elections in the State of Louisiana, the Rapides Parish Registrar of Voters recommended that this location be temporarily moved because it is a residential facility for children with special needs. Copy of this resolution be sent to the Louisiana Department of Elections and Registrar of Voters. (Mr. Perry)
  5. Motion to authorize Fire District No. 8 to advertise to receive bid proposals on the construction of living quarters located at 55 Parker Road, Boyce, LA, as requested by the Cotile Board of Director, to be paid out of Fire District No. 8 Funds. (Mr. Wilder)

REGULAR MEETING

JUNE 8, 2020

pg. 11

  1. Motion to grant approval to Paige Park (mobile homes, rental only) as recommended by the Rapides Area Planning Commission. (Mr. Moreau)

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
June 8, 2020 other

Open official PDF ↗ 39 pages sha256:79729915fbba…

Posted June 4, 2020

RAPIDES PARISH POLICE JURY MEETING

OF JUNE 8, 2020 AT 3:00 p.m. PUBLIC NOTICE

PUBLIC GATHERINGS LIMITED

The Governor’s Proclamation of June 4, 2020 restricts public gatherings to 50% of the total occupancy of the State Fire Marshal, and requires a six (6) foot minimum of social distancing, limiting the public seating area for the Rapides Parish Police Jury meeting to 30 members of the public, on a first come basis through June 26, 2020.

WRITTEN CERTIFICATION

The Rapides Parish Police Jury consists of 9 elected Jurors, and essential staff for Police Jury meetings. The Police Jury would be unable to operate and hold its public meeting due to quorum requirements unless said Police Jury meeting is conducted pursuant to the authorization provided by the Governor’s Proclamation of June 4, 2020, which specifically provides that a political subdivision SHALL provide for the attendance at essential governmental meetings via teleconference or video conference. Therefore, the Rapides Parish Police Jurors and essential staff shall be allowed to participate in this meeting via teleconference or video conference.

PUBLIC OBSERVATION AND COMMENTS

In accordance with Proclamation of the Governor, the public and the media shall be allowed to observe this Police Jury meeting via Facebook live. At 3:00 p.m. to watch the Police Jury Meeting live.

This meeting shall be conducted with the standard Police Jury meeting “public comments” rules, and the public or media shall be allowed comment by telephone (318) 473-6663 at 3:10 p.m. for the “Public Comments On Any Agenda Item” section.

Craig Smith, President

REGULAR MEETING

JUNE 8, 2020

REGULAR SESSION

JUNE 8, 2020

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, June 8, 2020, at three (3:00) o'clock p.m. (Central Standard Time).

There were present: Craig Smith, President, Oliver “Ollie” Overton, Jr., Vice President and Police Jurors: Davron “Bubba” Moreau, Joe Bishop, Rusty Wilder, Sean McGlothlin and Scott Perry, Jr. David Johnson was in attendance via cell phone due to COVID-19.

Absent was Theodore Fountaine, Jr.

Also present were Mr. Bruce Kelly, Treasurer; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Donna Andries, Sales & Use Tax Administrator; Ms. Elaine Morace, WIA Operations Director; Ms. Linda Sanders, Civil Service Director; 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. Bubba Moreau.

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

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

On motion by Mr. Bubba Moreau, seconded by Mr. Scott Perry, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on May 11, 2020, as published in the Official Journal. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Rusty Wilder, that approved bills be paid. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to adopt the General Fund budget for 2020, as recommended by the Treasurer.

Mr. Ollie Overton thanked Mr. Bruce Kelly for the job he has done as Treasurer.

Mr. Joe Bishop questioned if everything was in the black for 2020 in the budget, to which Mr. Kelly stated we had lower costs in utilities and they are not moving as many people in and out of the jail, so there was a significant savings from this. He further stated he did reduce sales tax coming into the general fund. We had a REGULAR MEETING JUNE 8, 2020

reduction in feeding and maintaining prisoners, utilities, travel and some salaries.

On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Craig Smith, the following ordinance was presented and duly adopted:

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

FOR THE

CONSIDERATION OF $4,000.00 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lots Three (3) and Four (4) of Square Six (6) of Vanderhoven’s Subdivision in the City of Alexandria, 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 Claude A. Richey, to purchase said property for the consideration of $4,000.00 (Four Thousand Dollars and No Cents) 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 Claude A. Richey, 525 Hanley Road,

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lots Three (3) and Four (4) of Square Six (6) of Vanderhoven’s Subdivision in the City of Alexandria, records of Rapides Parish, Louisiana.

Rapides Parish, Louisiana, should be re-entered into the stream of commerce thereby serving the public interest.

REGULAR MEETING

JUNE 8, 2020

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 “process 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 “process 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process verbal”) was filed less than five years before the first publication of the notice provided for in this Subsection.
  • (b) The filing of the sale or donation transferring the property.
  • (c) The publication required by this Section shall be that which is included in R.S. 47:2206 B. (2).

Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the REGULAR MEETING JUNE 8, 2020

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. REGULAR MEETING JUNE 8, 2020

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 8th day of June, 2020.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, the following ordinance was presented and unanimously adopted:

REGULAR MEETING

JUNE 8, 2020

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

FOR THE

CONSIDERATION OF $3,470.43 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Seventeen (17), Square Three (3) of Lincoln Place, in the City of Alexandria, 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 Stephen Good, to purchase said property for the consideration of $3,470.43 (Three Thousand Four Hundred and Seventy Dollars and Forty-Three cents) 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 Stephen Good, 102 Hickory Hill, Boyce, LA 71409, for the offered consideration.

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Seventeen (17), Square Three (3) of Lincoln Place, in the City of Alexandria, records of Rapides Parish, Louisiana.

Municipal Address of the Property: 150 Parkwood Drive, Alexandria, 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:

REGULAR MEETING

JUNE 8, 2020

  • • 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 “process 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 “process 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process 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 REGULAR MEETING JUNE 8, 2020

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 REGULAR MEETING JUNE 8, 2020

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 8th day of June, 2020.

On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, the following ordinance was presented and unanimously adopted:

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

FOR THE

REGULAR MEETING

JUNE 8, 2020

CONSIDERATION OF $5,666.66 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Nine (9) of Block Four (4) and part of Lot ADJ thereto of Hakenyos of Block Four (4), Ball Addition, in the City of Alexandria, 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 Throne of Grace Church, to purchase said property for the consideration of $5,666.66 (Five Thousand Six Hundred and Sixty-Six Dollars and Sixty-Six Cents) 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 Throne of Grace Church, 2205 Monroe

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Nine (9) of Block Four (4) and part of Lot ADJ thereto of Hakenyos of Block Four (4), Ball Addition, in the City of Alexandria, 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 REGULAR MEETING JUNE 8, 2020

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 “process 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 “process 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process 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 REGULAR MEETING JUNE 8, 2020

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 REGULAR MEETING JUNE 8, 2020

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 8th day of June, 2020.

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

FOR THE

CONSIDERATION OF $4,866.66 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

A certain piece, parcel or tract of land together with all buildings and REGULAR MEETING JUNE 8, 2020

Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and Lot 124.6’ on 2nd Street x 100’ x 128’ x 96’ in Unk# Block 2nd and Casson, in the City of Alexandria, 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 Timothy Dousay, to purchase said property for the consideration of $4,866.66 (Four Thousand Eight Hundred and Sixty-Six Dollars and Sixty-Six Cents) 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 Timothy Dousay, P. O. Box 13656,

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot 124.6’ and 2nd Street x 100’ x 128’ x 96’ in Unk# Block 2nd and Casson in the City of Alexandria, 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;

REGULAR MEETING

JUNE 8, 2020

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 “process 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 “process 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process 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. REGULAR MEETING JUNE 8, 2020

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.

REGULAR MEETING

JUNE 8, 2020

  • (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 8th day of June, 2020.

On motion by Mr. Joe Bishop, 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 $2,694.41 CASH

WHEREAS, the City of Alexandria and/or the City of Pineville and/or Parish of Rapides owns property described as

A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Eleven (11) of Square Nineteen (19) of Race Track Addition, in the City of Alexandria, records of Rapides Parish, Louisiana.

Municipal Address of the Property: 361 N. 16th Street, Alexandria, LA REGULAR MEETING JUNE 8, 2020

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 Philadelphia Baptist Church of Alexandria, to purchase said property for the consideration of $ 2,694.41 (Two Thousand Six Hundred and Ninety-Four Dollars and Forty-One Cents) 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 Philadelphia Baptist Church, 363 North

NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury that:

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Eleven (11) of Square Nineteen (19) of Race Track Addition, in the City of Alexandria, records of Rapides Parish, Louisiana.

Municipal Address of the Property: 361 N. 16th 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:

REGULAR MEETING

JUNE 8, 2020

  • (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 “process 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 “process 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 “process verbal”) was filed over five years previous of the first publication, or six month if the tax sale certificate (formerly “process 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.

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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.

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  • (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 8th day of June, 2020.

On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to adopt a Notice of Intent to Sell the following Abandoned/Adjudicated Properties: TAX DEBTOR DESCRIPTION Ken Rodenbeck Lot One (1), Block Seven (7), I. W. Ball Addition Bearing the Municipal address of: Theodore Fountaine - District D

Sarah J. Addison, et al Lot Sixteen (16) Block M Roy O. Martin Subdivision #2 Bearing the Municipal address of: Oliver Overton - District F On vote the motion carried.

On motion by Mr. Scott Perry, seconded by Mr. Joe Bishop, to adopt the following resolution to authorize the advertisement for bids for the Ball Lane – Bayou Rapides Road Intersection Improvements (and related drainage improvements) was passed and unanimously adopted:

RESOLUTION

WHEREAS, the Rapides Parish Police Jury desires to construct improvements at the intersection of Ball Lane and Bayou Rapides Road for improved transportation safety and function;

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AND WHEREAS, the funds are available from the District I Road Maintenance Funds to construct the project;

THEREFORE, BE IT RESOLVED, by the Rapides Parish Police Jury, that the President is hereby authorized, on behalf of the Rapides Parish Police Jury, upon recordation of the related servitude, to publicly advertise for bids for the Ball Lane – Bayou Rapides Road Intersection Improvements (and related drainage improvements), with bids to be received at the appropriate time and date in accordance with the Louisiana Public Bid Law.

And the Resolution is declared adopted on this the 8th day of June, 2020.

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to accept Aloha – Rigolette North Bank, State Project No. 40PARA3301, Under Seepage Control Berm, as substantially complete and authorize the President to execute the appropriate documents for recordation. The work has been inspected by USACE, the LADOTD, 9th Levee District and Engineers and found to be substantially complete. The following resolution was presented and duly adopted:

RESOLUTION

WHEREAS, Progressive Construction Company, LLC has the contract for the construction of the Aloha – Rigolette North Bank, Grant & Rapides Parishes Project, State Project No. 40PARA3301, with the Rapides Parish Police Jury;

AND WHEREAS, the Underseepage Control Berm has been inspected by the USACE, the LADOTD, the 19th Louisiana Levee District and the Engineers and found to be substantially complete;

THEREFORE, BE IT RESOLVED, by the Rapides Parish Police Jury, that the Underseepage Control Berm be considered Substantially Complete in accordance with the stipulations of the project contract,

AND, that the President is hereby authorized to sign the Certificate of Substantial Completion.

And the Resolution is declared adopted on this the 8th day of June, 2020.

On motion by Mr. David Johnson, seconded by Mr. Bubba Moreau, to authorize Rapides Parish Fire District No. 11 to sell to Glenmora Fire Department, the two (2) trucks listed, for $9,000.00 and to delete the trucks from Fire District No. 11 Asset/Inventory Program, as agreed between the Chiefs of the Fire Departments. Asset Number Description Disposal 12249 1993 – KME Fire Engine Sold VIN# 1K9AF4282PN058709 9562 1995 – Ford Rescue Sold VIN# 1FDLF47F0SEA22725 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to authorize Alliance Design Group, LLC, Project Architect, to advertise to receive bids for the REGULAR MEETING JUNE 8, 2020

Alfred L. Boyce Wettermark Library and authorize the President to sign all necessary documents. On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Joe Bishop, to authorize to enter into an Intergovernmental Agreement with the Village of McNary for the Parish Highway Department to perform forty (40) hours of road repair, limb trimming and ditch work within corporate limits, as requested by the Village of McNary, to be paid out of the Road & Bridge Fund and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. David Johnson, to adopt a resolution to enter into a Financing Agreement with Government Capital Corporation for the purchase of a Bonaventure Rosenbauer Pumper mounted on a Freightliner M2-106 2 door chassis, approved by Resolution dated May 13, 2019, in the amount of $395,799, to be purchased from Bonaventure, with terms and conditions to be five (5) annual payments of $64,507.28 (interest rate of 2.85%), as recommended by the Spring Creek Volunteer Fire Department Board of Directors, Treasurer and Purchasing Agent, to be paid out of Fire District No. 11 Funds and authorize the President to sign necessary documents.

Substitute motion by Mr. Craig Smith, seconded by Mr. David Johnson, to amend the motion to four (4) annual payments of $79,456.37 with interest rate of 2.81%. On vote the substitute motion carried.

The following resolution was presented and duly adopted:

RESOLUTION

RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF FINANCING A “FIRE TRUCK” FOR FIRE DISTRICT 11

WHEREAS, Upon approval of legal counsel, the Rapides Parish Police Jury desires to enter into that certain Lease Purchase Agreement by and between the Rapides Parish Police Jury and Government Capital Corporation, for the purpose of financing a “Fire Truck” for Fire District 11 (Spring Creek VFD). The Parish desires to designate this Agreement as a "qualified tax exempt obligation" of the Parish for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The Parish desires to designate Craig Smith, Parish President as an authorized signer of the Agreement.

NOW THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF RAPIDES PARISH:

Section 1. That the Parish enters into a Lease Purchase Agreement with Government Capital Corporation for the purpose of financing a “Fire Truck” for Fire District 11 (Spring Creek VFD).

Section 2. That the Lease Purchase Agreement by and between the Parish and Government Capital Corporation is designated by the Parish as a "qualified tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue REGULAR MEETING JUNE 8, 2020

Code of 1986, as amended.

Section 3. That the Parish designates Craig Smith, Parish President, as an authorized signer of the Lease Purchase Agreement by and between the Rapides Parish Policy Jury and Government Capital Corporation.

Section 4. That should the need arise, if applicable, the Parish will use proceeds for reimbursement of expenditures related to the Property, within the meaning of Treasury Regulation § 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended.

PASSED AND APPROVED by the Police Jury of Rapides Parish in a meeting held on the 8th day of June, 2020.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to authorize the President to sign a contract between the Rapides Parish Police Jury and the Department of Public Safety and Corrections/Office of Juvenile Justice to allow the Ninth Judicial District Court to continue to participate in the Title IV-E Federal Foster Care Reimbursement Program, CFDA Number 93.658, for the period of July 1, 2020 through June 30, 2023. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to award Bid No. 2819 (Rapides Parish Health Unit – Blood Work Project), to the lowest bidder, Pat Williams Construction Company, for the amount of $29,580.00, as recommended by the Architect/Engineering Firm and the Purchasing Agent. On vote the motion carried.

On motion by Mr. Rusty Wilder, seconded by Mr. Ollie Overton, to approve the Public Works Committee recommendation for revocation of McFarland Road pursuant to all property owners request and favorable report of the Public Works Director and Legal Counsel. On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Rusty Wilder, to authorize the Public Works Director and Legal Counsel to review a request for partial Parish roadway revocation pursuant to LSA R.S. 48:701 et seq., for West Cemetery Road/Leroy Harper Road, and reset a public hearing for the July 6, 2020 meeting due to COVID-19 Emergency. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to ratify authorization to approve the following Rapides Parish Roadway Capital Improvement Program 2020-2022, as recommended by the Public Works Director.

  • • 2020
  • • District Ward Road Name
  • • A 10 St. Ann Road REGULAR MEETING JUNE 8, 2020
  • • B 10 Eagle Circle
  • • B 9 Adams Path
  • • 2021
  • • District Ward Road Name
  • • A 10 Woodcreek Loop
  • • A 10 Clark Circle REGULAR MEETING JUNE 8, 2020
  • • 2022
  • • District Ward Road Name On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to remove Dunn Drive and Cutoff Road from the 2021 Program. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to authorize the President to sign a renewal of the One-Stop Operator Contract between the Rapides Parish Police Jury and the Louisiana State University at Alexandria for an optional term of one (1) year from July 1, 2020 through June 30, 2021. The Workforce Development Board approved the renewal on May 21, 2020. The Contract will be funded through the WIOA grant funds. Treasurer to amend the budget accordingly. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to authorize the President to sign the Comprehensive Memorandum of Understanding (MOU) and allow WOD staff to issue MOU to required partner agencies for signature. The Workforce Innovation and Opportunity Act (WIOA) sec. 121(c)(1) requires the Local Board (Rapides WDB), with the agreement of the Chief Elected Official (CEO), to develop and enter into a Memorandum of Understanding (MOU) between the Local Board and the One-Stop Partners, consistent with WIOA sec. 121(c)(2), concerning the operation of the One-Stop delivery system in a local area. Additionally, the sharing and allocation of infrastructure costs among OneREGULAR MEETING JUNE 8, 2020

Stop Partners is governed by WIOA sec. 121(h), it’s implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. The Comprehensive MOU between the Rapides Parish Police Jury, the Workforce Development Board and Local Workforce Area One-Stop Partners will be effective July 1, 2020 through June 30, 2023. The Workforce Development Board approved the chairperson to sign the Comprehensive MOU on May 21, 2020. On vote the motion carried.

On motion by Mr. Rusty Wilder, seconded by Mr. Scott Perry, to accept Mr. Sean McGlothlin resignation from the Rapides Area Planning Commission and appoint Mr. David Johnson to fill the unexpired term. Term will expire January 8, 2024. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to waive the thirty (30) day announcement rule and reappoint Mr. Lance Speer to the Buckeye Recreation District for a five (5) year term. Term will expire April 12, 2025. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to waive the thirty (30) day announcement rule and reappoint Chief Deputy Michael Jones to the Housing Authority Board for a five (5) year term. Term will expire July 14, 2025. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to waive the thirty (30) day announcement rule and reappoint Mr. Les West to the Waterworks District No. 11A Board for a five (5) year term. Term will expire July 12, 2025. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for April, 2020: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 393 80% 84.73% Pineville - 8 minute 121 80% 84.30% Rapides - 12 minute 166 80% 93.37% Rapides - 20 minute 185 80% 88.10% On vote the motion carried.

On motion by M r. Joe Bishop, seconded by Mr. Ollie Overton , 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: Scott Perry, Jr, David Johnson, Sean McGlothlin, Rusty Wilder, Joe Bishop, Davron “Bubba” Moreau, Oliver “Ollie” Overton, Jr. and Craig Smith NAYS: none ABSTAINED: none ABSENT: Theodore Fountaine, Jr. On roll call vote the motion carried 8-0. REGULAR MEETING JUNE 8, 2020

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to grant approval to Deville Estates, located at Highway 115 and Highway 1207, Deville, as recommended by the Rapides Area Planning Commission and Pan American Engineers, pending Legal Counsel approval. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to waive the insurance requirements for the sewer effluent discharge permit at 323 Azalea Ave, Pineville, for William Hutchinson, as requested by the Rapides Area Planning Commission and approved by the Public Works Director and the Rapides Parish Health Unit. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to purchase Ford F-350 for Rapides Parish Fire District No. 17 for the amount of $37,757.25 off the City of Alexandria Bid No. 2243, as requested by the Board. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, the following resolution was presented and unanimously adopted:

A RESOLUTION regarding CONSTITUTIONAL AMENDMENTS (HB14 of the 2020 First Extraordinary Session)

WHEREAS, the Constitution of the State of Louisiana grants local governments the right to levy and collect local sales tax and use taxes; and

WHEREAS, HB 14 introduced in the 2020 First Extraordinary Legislative Session that would transfer collection responsibility of local sales and use tax levies to a state centralized collector; and

WHEREAS, local taxing authorities possess the best knowledge and experience to properly collect its own taxes and have a proven record of proactive advancements in the areas of enforcement, audit coverage, dispute resolution, reporting technology, and successful litigation; and

WHEREAS, the state of Louisiana's budget issues do not offer prospects for a state centralized collector to have sufficient resources to provide the necessary taxpayer assistance, enforcement programs, and training of its employees on the specific application of local sales and use tax ordinances without significant cost contributions from local governments, thereby resulting in the direct and indirect loss of local tax receipts; and

WHEREAS, many local taxing authorities have issued bonded indebtedness guaranteed by the passage of locally adopted sales and use tax levies, collection of said levies are the direct responsibility of local governments, and the transfer of that responsibility to a state agency may generate legal challenges and jeopardize future bond issuances; and

WHEREAS, the local collector in each parish is directly responsible to the local taxing authorities and their elected officials for the performance of local tax administration, and the state centralized collector being an appointee of the Governor of the state, uncertainty exists as to who will be accountable to local REGULAR MEETING JUNE 8, 2020

taxing authorities for the performance of such critical local tax administration,

NOW THEREFORE BE IT RESOLVED by the Rapides Parish Police Jury, as a local taxing authority and governing body, that each member of the delegation of the Parish of Rapides does strongly and vigorously oppose any and all proposed legislation that transfers the administration and collection of local sales and use taxes to a state centralized collector; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent forthwith to our Louisiana Legislative Delegation and Louisiana Police Jury Association so that they will be made aware of our position on this matter.

THUS DONE AND UNANIMOUSLY ADOPTED this 8th day of June, 2020.

On motion by Mr. Joe Bishop, seconded by Mr. Rusty Wilder, to authorize Rapides Parish Fire District No. 7 to submit a grant application to the Volunteer Fire Assistance Program administered through the Louisiana Department of Agriculture and Forestry, for personal protective equipment, as requested by the Ruby-Kolin Volunteer Fire Department Board of Directors and authorize the President to sign necessary documents. This is a 50% matching fund program with a total cost not to exceed $3,076.10. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Scott Perry, to select Turner & Turner Contracting, LLC to provide abatement and demolition services for the acquisition of property at 208 Davis Drive, Pineville, LA participating in the Rapides Parish-Hazard Mitigation Grant Program (HMGP) Acquisition Project, FEMA-4263-DR-LA, Project No. 0004, CFDA No. 97.039, and to authorize the President to sign contract, as recommended by the Grant Administrator, Rapides Area Planning Commission, pending legal counsel review. The firm is the lowest bidder at $18,875.00 (per the CFR 200.320 (b) procurement procedures). The project is 75% federally funded, with a 25% homeowner match. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Scott Perry, to accept as substantially complete Bid No. 2743 – 2019 Various Road Improvements District A, B, C, D, E, F, H and I, as recommended by the Engineering Firm of Fontenot & Associates and the Parish Public Works Director. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to approve amendments to Drug Policy for Parish Employees as discussed with Civil Service Commission, subject to approval of language by legal counsel. The policy is as follows:

CHAPTER 2 – ADMINISTRATION

ARTICLE VII. - SUBSTANCE ABUSE

DIVISION 1. - DRUG FREE WORKPLACE POLICIES

Section 2-111 Policy Statement

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  • A. The Rapides Parish Police Jury is committed to maintaining the highest standards of employee safety and health. In an effort to promote a safe, healthy, productive and secure environment, the Police Jury prohibits its employees from manufacturing, making, distributing, selling, possessing or using controlled substances or alcohol while at work (except under the limited exceptions set forth in this policy for prescribed medications).
  • B. The Police Jury will comply with all applicable state and federal laws and regulations relating to drug testing and drug-free workplaces.
  • C. The Parish shall conduct drug and alcohol testing to help prevent accidents and injuries resulting from the misuse of those substances and to ensure the physical safety of our employees and members of the community.
  • D. The primary purpose of the Police Jury drug and alcohol testing program is to prevent impaired employees from performing their job functions under the influence. Testing positive for any amount of alcohol, illegal drugs, or any controlled substances, or an employee's refusal to comply with a directive to submit to random testing (adulteration of or tampering with a drug test constitutes a "refusal") shall be a basis for employee disciplinary action, up to and including termination.

Section 2-112 Prohibited Activities and Substances

  • A. The use, possession, concealment, transportation, manufacture, distribution, dispensation, promotion, sale or being under the influence of any item named in this policy is strictly prohibited on Police Jury premises or while on Police Jury business.
  • B. The substances prohibited by this policy are illegal drugs, unauthorized controlled substances, look-a-likes, inhalants of abuse, designer and synthetic drugs, all or more particularly defined and prohibited by Louisiana criminal law. Being under the influence of such substances or having a positive test result for such substances is prohibited.
  • C. Unauthorized use of alcohol beverages, including being under the influence of alcohol and/or having a positive test amount in an employee at his/her job, is prohibited.

DIVISION 2. - SUBSTANCE ABUSE POLICIES

Section 2-120 Introduction and Scope of Policy

  • A. The Police Jury’s substance abuse policies apply to all employees of the Police Jury, including but not limited to full-time, part-time, casual and contract employees.
  • B. Compliance with the Police Jury’s substance abuse policy is a condition of employment.
  • C. Employees on Police Jury business are covered by this policy. Employees are on Police Jury business whenever on duty and under the Parish’s control, REGULAR MEETING JUNE 8, 2020

whether at other work sites or during transit to and from those sites or while in the course and scope of the Police Jury’s employment or pay status. This policy also applies to employees who are traveling in furtherance of the Police Jury’s business or as part of their employment duties.

  • D. This policy applies to all Police Jury facilities, vehicles (whether leased or owned) and work sites. For example, the policy applies to employees of a road crew who are working on location on a rural road.

Section 2-121 Prospective Employees and Rehires

  • A. All prospective employees and rehires are required to submit to a drug test once a conditional offer of employment has been extended and accepted. An offer of employment by the Police Jury is conditioned on the prospective employee testing negative for illegal substances.
  • B. The appropriate Department Head of the Police Jury will be responsible for ensuring that all applicants provide a sample for drug testing before they report for duty.
  • C. Once a condition offer of employment is made, each prospective employee shall read the Police Jury's alcohol and drug policy and sign a drug test authorization form.
  • D. The following is a list of substances that the Police Jury tests for on a preemployment drug test: Methadone (MTD), Barbiturates (BAR), Benzodiazepine (BZO), Marijuana (THC), Amphetamine (AMP), Phencyclidine (PCP), Propoxyphene (PPX), Methamphetamine (METH), Opiates (OPI), Cocaine (COC). This list is subject to change at the discretion of the Police Jury and as new substances of abuse (e.g. designer drugs) are identified. The applicant shall be provided a list of the substances to be tested for.
  • E. The prospective employee shall present himself or herself to an approved Parish testing site for a urinalysis drug test that tests for the ten substances described above, at the direction of the Police Jury.
  • F. If the results are positive, the prospective employee shall not be employed. A prospective employee will not be hired if the urine sample is altered, substituted, adulterated, or otherwise cannot be used to obtain a valid drug test result.
  • G. If the prospective employee refuses to submit to a drug test, the prospective employee will not be employed.
  • H. A prospective employee denied employment due to a positive drug test will be ineligible for consideration of employment for one year from the date of the positive drug test.

Section 2-122 Prescription Drugs

  • A. Employees who are taking a prescription medication which could cause adverse side effects while working must notify their supervisor prior to using or being under the influence of such medication while on duty. REGULAR MEETING JUNE 8, 2020
  • B. If an employee brings a prescription medication to work, the employee should insure that the medicine is in its original container. The medicine must be in the employee's name and have the doctor's name and prescription number on the container. The prescription may not be more than one year old.
  • C. The employee must comply with the prescription's dosages.
  • D. In limited circumstances, the Police Jury may limit or suspend an employee's job activity due to the use of a prescription drug, so long as such action is jobrelated and consistent with business necessity. This occurs when an employee in a position that affects public safety reports that he or she is taking medication that may affect the employee's ability to perform essential functions. In these cases, the Police Jury will make inquiry concerning the effects, if any, the prescription drug may have on the employee's ability to safely perform the employee's job duties. If the Police Jury determines that the employee's inability or impaired ability to perform essential job functions will result in a direct threat to the safety of the employee or others.

Section 2-123 Notification of Drug Arrests or Convictions

  • A. A Police Jury employee must notify the Police Jury's personnel office of any criminal arrest or conviction relating to the use, possession or distribution of any illegal drug or alcohol (DWI/DUI). Such report must be made no later than five
  • (5) business days from the date of the arrest or conviction.
  • B. If the Police Jury employee has an obligation to report violations of this policy by any employee, such violations will be reported to the appropriate reporting agency.
  • C. The failure to report an arrest or conviction under Section (A) shall be grounds for disciplinary action, including termination.
  • D. The arrest or conviction shall serve as “cause” for the Police Jury to request the employee to submit to a drug test.

Section 2-124 Notification of Suspension of Driving Privileges

  • A. An employee must immediately report the suspension, expiration or revocation of the employee's driving privileges. An employee may not operate any Police Jury vehicle without a valid license.
  • B. The failure to report the suspension, expiration or revocation of the employee’s driving privileges shall be grounds for disciplinary action, including termination.

DIVISION 3. - EMPLOYEE SUBSTANCE ABUSE TESTING

Section 2-130 Terms

  • A. The Police Jury shall require drug and/or alcohol testing under the following circumstances: REGULAR MEETING JUNE 8, 2020
  1. For Cause. Where there is reasonable cause to suspect that an employee’s behavior, performance, error in judgment, accident, incident, or unsafe work action is related to substance abuse.
  2. Post Accident. When there is an accident involving personnel in which incident (anything from injury to trip and fall with injury) to persons or material damage to property has occurred, or when an employee suffers an occupational onthe-job injury requiring treatment from a doctor, or when an employee engages in an act which causes injury to a co-worker.
  3. Post Treatment. A condition of reinstatement of employment upon completion of a drug or alcohol treatment program or any other established returnto-work procedure, will be a drug screening test.
  4. Reasonable Suspicion. Any employee shall be required to submit to an alcohol or drug test if there is a reasonable suspicion that the employee is using drugs. The suspicious behavior must be observed by one or more supervisory personnel who shall record, in writing, the observations leading to the recommendation for testing.
  5. Promotion or Position Change to a Safety or Security Sensitive Position. Employees may be required to undergo substance abuse testing prior to being promoted, reassigned temporarily detailed or demoted to a safety or security sensitive position. An offer to the safety-or-sensitive position will be withdrawn if a positive substance abuse screen is reported, and the employee will be subject to disciplinary action.
  6. Random Testing. Drug testing will be conducted on a random and unannounced basis. It is the goal of the Police Jury to test 50% of the workforce randomly each calendar year. All employees will always remain in the drug testing pool, and an employee may be subject to more than one random drug screen per year. This insures that no employee will be “safe” from a random drug test, which encourages compliance with the Police Jury's substance abuse policies.
  7. Damage to Property. When an accident results in property damages.
  8. Testing Site. Drug Testing Facility approved by the Rapides Parish Police Jury.

Section 2-131 Post-Employment Drug Tests

  • A. The following is a list of substances that the Police Jury tests for on a postemployment drug test: Methadone (MTD), Barbiturates (BAR), Benzodiazepine (BZO), Marijuana (THC), Amphetamine (AMP), Phencyclidine (PCP), Propoxyphene (PPX), Methamphetamine (METH), Opiates (OPI), Cocaine (COC). This list is subject to change at the discretion of the Police Jury and as new substances of abuse (e.g. designer drugs) are identified. The Police Jury may also test for alcohol. The employees shall be provided a list of the substances to be tested for.

Section 2-132 Testing Procedures REGULAR MEETING JUNE 8, 2020

  • A. The Police Jury will comply with all federal, state and local regulations relating to employee privacy and the confidentiality of substance abuse test results.
  • B. When an employee is requested to give a drug or alcohol test, the employee must sign the consent and release form consenting to the collection of an “observed specimen” of urine, breath, saliva, nail, hair and/or blood samples to identify the presence of drugs or alcohol; and to release the results of the tests. An employee's refusal to consent to such a test will be grounds for disciplinary action, including termination. The consent and release form will be retained in the employee's medical file.
  • C. There are additional procedures for reasonable suspicion testing. Specifically:
  1. The suspicious behavior must be observed by one or more supervisory personnel who shall record, in writing, the observations leading to the recommendation for testing.
  2. Management should interview and/or obtain written statements from any witnesses to the suspicious behavior. Hearsay is not an acceptable basis for a reasonable suspicion substance abuse test.
  3. The employee should be interviewed, if possible. The interview should be outside the presence of any other witnesses involved.
  4. After the steps set forth above are completed, the reports shall be submitted to the department head so that they can review the information to determine if “reasonable suspicion” exists.
  5. If, after the above steps are taken, management believes that a reasonable suspicion of substance abuse exists, then the employee should be directed to provide a drug and/or alcohol sample.
  6. The testing subject shall be transported to the testing site by the department head or his designee. After testing, the employee shall be transported home by the department head or his designee.
  7. Under no circumstances shall the employee be allowed to drive to the testing site or home. If the employee refuses to allow transportation to the appropriate location, the supervisor shall document said refusal in writing. If the employee leaves the work site in the employee’s own vehicle, law enforcement should be notified of the possibility that the employee is driving under the influence.
  8. Employees tested for “reasonable suspicion” shall not return to work while the employee’s drug testing results are pending.
  • D. There are additional procedures for post-accident testing. Specifically:
  1. The department head or his designee shall order a test of the employee as soon as possible but no later than twenty-four (24) hours after the accident or incident. REGULAR MEETING JUNE 8, 2020
  2. The department head or his designee shall order a substance abuse test of each employee that may have contributed to the accident except (a) where the department head or his designee determines that the employee's conduct could not have contributed to the accident or (b) because the time between employee's conduct and the accident render a drug test useless. Exceptions (a) and (b) shall not apply in the case where the accident results in serious bodily injury or death. A drug test is mandatory in cases of serious bodily injury, death or material damage to property.
  3. The testing subject shall be transported to the testing site by the department head or his designee. After testing, the employee shall be transported home by the department head or his designee.
  4. Under no circumstances shall the employee be allowed to drive to the testing site or home. If the employee refuses to allow transportation to the appropriate location, the supervisor shall document said refusal in writing. If the employee leaves the work site in the employee's own vehicle, law enforcement should be notified of the possibility that the employee is driving under the influence.
  • E. If an employee refuses to comply with any request for a drug and/or alcohol test, the employee should be verbally reminded of the employee’s obligation to comply and that the employee will be subject to discipline, including termination, for refusing the request.
  • F. All drug tests will be in compliance with all state and federal laws relating to drug testing. All drug tests will include a confirmation of any initial positive test result.
  • G. All positive drug test results will be submitted to a Medical Review Officer and the President of the Police Jury.
  • H. Any employee who tests positive for a substance in a drug test shall have the right to have a second and independent drug test performed by a certified and licensed drug testing facility, for the same substance, within twelve (12) hours of receiving notification of the positive initial test result, said second test to be paid for by the employee.

Section 2-133 Penalties for Violating

  • A. Employees that have positive test results will be subject to disciplinary action, including termination.
  • B. Other violations which may subject an employee to disciplinary action include substituting or tampering with a drug testing sample, refusal or failure to report to an approved counseling or rehabilitation program requested by management, leaving a treatment program prior to completion, not being properly released to return to work after a leave to participate in a treatment program, or a positive confirmed test for any substance prohibited by this policy after completion of a counseling or rehabilitation program.

Section 2-134 Employee Assistance Program REGULAR MEETING JUNE 8, 2020

  • A. Employees who need assistance with drug or alcohol abuse may participate in an Employee Assistance Program. Furthermore there are circumstances wherein an employee who tests positive for drugs or alcohol may participate in an approved rehabilitation program at the employee's expense.
  • B. A full-time employee with more than one year of service who fails a drug or alcohol test may be permitted to go to a state-approved rehabilitation program at the employee's expense and at the discretion of the Police Jury depending upon the circumstances. If the employee refuses to attend rehabilitation or does not successfully complete such a program, the employee's employment will be terminated.

An employee shall NOT be offered the rehabilitation option if:

  1. The violation is not a first violation of the policy or there are multiple violations of the policy; or
  2. The substance abuse policy violation occurred in connection with other policy or safety rule violations.
  3. The employee's disciplinary history would merit termination.
  4. The incident leading to the request for a drug or alcohol test resulted in personal injury or property damage.
  • C. Employees with drug or alcohol problems are encouraged to seek early assistance from an approved counseling or rehabilitation program. Thus, an employee can also voluntarily request admission into a rehabilitation or counseling program (at the employee's expense). Any employee participating in such a program while still actively at work will be required to maintain satisfactory work performance. No eligible employee's job will be placed in jeopardy nor will the employee be subject to disciplinary action for voluntarily requesting help from drug or alcohol abuse.

The voluntary request for assistance must be made BEFORE the employee is selected for drug and alcohol testing. The voluntary request cannot be made following (1) an accident, (2) the onset of an investigation as to whether there was cause for "reasonable suspicion" drug or alcohol test, or (3) any other incident that would mandate drug or alcohol testing under this policy.

  • D. In all instances where an employee is placed into a rehabilitation or counseling program, absences will be handled pursuant to the Police Jury's attendance policies regarding sick leave, disability leave, or general leaves of absences. Police Jury benefits for rehabilitation and medical care will be in accordance with existing policies.
  • E. After the rehabilitation or counseling period, the employee must present a Certificate of Completion, along with a clean drug and/or alcohol screen to the Department Head prior to returning to work.
  • F. Employees who return to work following the completion of a drug and/or REGULAR MEETING JUNE 8, 2020

alcohol rehabilitation or counseling program will be randomly tested at least one time per quarter for a five (5) year period following the date of reinstatement at the employee’s expense.

DIVISION 4. - GENERAL POLICIES RELATING TO SUBSTANCE ABUSE

Section 2-141 Employee Access to Records

  • A. Any employee confirmed positive upon his written request shall have the right of access to all records relating to the employee's drug tests (including relevant certifications). The employee must request such records in writing and within seven (7) working days following the date of notification of the adverse drug or alcohol testing result.

Section 2-142 Confidentiality

  • A. To the extent permitted by law, all information, interviews, reports, statements or test results are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in administrative or disciplinary proceedings or hearings, or civil litigation where drug use by the tested individual is relevant.

Section 2-143 Employee Status

  • A. Nothing in this policy shall be construed to alter the "at will" status of Police Jury employees.
  • B. The Rapides Parish Police Jury reserves the right to deviate from this policy should exceptional circumstances arise.

THUS PRESENTED, ADOPTED AND APPROVED this 8th day of June, 2020.

On motion by Mr. Rusty Wilder, seconded by Mr. Scott Perry, to relocate the voting place for Precincts C38-A and C38-B from the Louisiana Special Education Center (5400 Coliseum Blvd., Alexandria, La. 71303), to the Rapides Parish Coliseum Exhibition Building (5600 Coliseum Blvd, Alexandria, LA 71303), due to the COVID-19 and the Secretary of States Emergency Election Plan for the July 11, 2020 Presidential Preference Primary and August 15, 2020 Municipal General Elections in the State of Louisiana, the Rapides Parish Registrar of Voters recommended that this location be temporarily moved because it is a residential facility for children with special needs. Copy of this resolution be sent to the Louisiana Department of Elections and Registrar of Voters. On vote the motion carried.

On motion by Mr. Rusty Wilder, seconded by Mr. David Johnson, to authorize Fire District No. 8 to advertise to receive bid proposals on the construction of living quarters located at 55 Parker Road, Boyce, LA, as requested by the Cotile Board of Directors, to be paid out of Fire District No. 8 Funds. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to grant approval to Paige Park (mobile homes, rental only) as recommended by the REGULAR MEETING JUNE 8, 2020

Rapides Area Planning Commission. On vote the motion carried. Mr. Bubba Moreau voted nay.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, there being no further business, the meeting was adjourned at 3:31 p.m. On vote the motion carried.

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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