Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
March 8, 2021 other
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Pursuant to JBE 209-2020 issued on December 23, 2020
PUBLIC GATHERINGS LIMITED
Public gatherings are restricted 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 a rea for the Rapides Parish Police Jury meeting to 28 members of the public, on a first come basis, in accordance with Modified Phase 2 restrictions.
Face Masks and temperature checks are mandatory to enter Parish Courthouse.
Craig Smith, President
Police Jury Meeting Room 2nd Floor, Parish Courthouse
Posted March 4, 2021
REGULAR SESSION
MARCH 8, 2021 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
JUROR COMMENTS
Recognize Ms. Kimberly Boyd, RAPC, for an update on the Louisiana Watershed Initiative, Region 2, Governance Structure and Community Engagement
- Motion to adopt the minutes of the Rapides Parish Police Jury held in in Regular Session on February 8, 2021as published in the Official Journal.
- Motion that approved bills be paid.
REGULAR MEETING
MARCH 8, 2021
pg. 2
APPOINTMENT TO BE ANNOUNCED Mr. Glenn Peterson appointment to the Gas Utility District #2 Board for a five (5) year term. Term will expire April 10, 2021.
- Motion to open a public hearing on the demolition of the following property, in accordance with the Rapides Parish Code of Ordinances, Section 8-1/4, as authorized by the Rapides Parish Police Jury. Recognize Ms. Carolyn Hines, Curartor.
OWNER LOCATION, DESCRIPTION & SERVICE REPORT
Mr. Faeq A. Gheith Unsafe, unsanitary and dilapidated structure located at Apartment 24 Section 4, T3N-R1W, Ward 1, Rapides Parish Alexandria LA 71301 (Dec. 14, 2020 and Jan. 11, 2021, Feb. 8, 2021)
Close hearing
- Motion to adopt a Proclamation declaring April 4 through 10, 2021 as National Library Week in Rapides Parish. (Finance 3/1)
- Motion to accept as “Substantially Complete” Bid No. 2758 – MicroSurfacing Various Roads, Rapides Parish, District A, B, C, D and H, as recommended by the Parish Public Works Director. (Finance 3/1)
- Motion to authorize to advertise to receive bids for MC-30 Liquid Asphalt (Annual Bid), to be paid from various funds, as recommended by the Public Works Director and Purchasing Agent. (Finance 3/1)
- Motion to authorize to advertise to receive bids for CRS-2 Liquid Asphalt, to be paid from various funds, as recommended by the Public Works Director and Purchasing Agent. (Finance 3/1)
REGULAR MEETING
MARCH 8, 2021
pg. 3
- Motion to appoint Steve Fontenot as Engineer for renovations for Rapides Parish Fire District No. 7 – Station No.2 as requested by the Purchasing Agent and Fire Chief and approved by Pan American Engineers Inc. – Engineer of Record for Rapides Parish Police Jury. (Finance 3/1)
- Motion to approve purchase of equipment for Rapides Coliseum, not to exceed the $50,000 fee amount received from GOSHEP. (Finance 3/1)
- Motion to accept the Public Works Director's Report. (Public Works 3/1)
- Motion to conduct the annual review of the Rapides Parish Police Jury Stormwater Ordinance on March 8, 2021 at 3:00 pm as required by Rapides Parish Stormwater Pollution Prevention Plan and LDEQ Permit. (Public Works 3/1)
- Motion to waive the insurance requirements for the sewer effluent discharge permit at 700 Pearce Rd, Pineville, for Zolinda McKeel as requested by the Rapides Area Planning Commission and approved by the Public Works Director and the Rapides Parish Health Unit Chief Sanitarian. (Public Works 3/1)
- Motion to adopt a proclamation declaring the week of April 5 through April 9, 2021 as Community Development Block Grant Week in Rapides Parish. (Workforce 3/1)
- Motion to adopt a resolution to proclaim the Month of April 2021, as Fair Housing Month in Rapides Parish. (Tourism 3/1)
- Motion to authorize to advertise and receive bids on Cleaning Services for the Rapides Parish Courthouse as requested by the Building Superintendent. (Courthouse 3/1) REGULAR MEETING MARCH 8, 2021
pg. 4
- Motion to appoint Mr. Christopher Caffery to the Rapides Finance Authority to fill the unexpired term of Mr. Granvel Metoyer. Term will expire October 11, 2022. (Personnel 3/1)
- Motion to receive the required report from Acadian Ambulance under the Contract for January, 2021:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 530 80% 89.81% Pineville - 8 minute 204 80% 80.88% Rapides - 12 minute 255 80% 86.67% Rapides - 20 minute 217 80% 81.57% (Insurance 3/1)
- Motion to create an additional part-time Secretary position, not to exceed 28 hours a week, for Fire Protection District No. 8, as requested by the Cotile Volunteer Fire Department Board of Directors. (Insurance 3/1)
ITEMS WERE NOT CONSIDERED BY THE COMMITTEE
OF THE JURY BUT WERE POSTED ON THE AGENDA
AFTER THE COMMITTEE MEETING IN COMPLIANCE
WITH THE PUBLIC MEETINGS LAW AND ARE NOW
CONFIRMED AS HAVING BEEN INCLUDED IN THE
PUBLISHED AGENDA BY 2/3RD VOTE
- Motion to remove from the Rapides Parish Fire District #3 asset/inventory the following equipment listed below and donate to the Eden Fellowship Volunteer Fire Department. Asset #9095, 9096, 9097, 9098, 9099, 9101, 9102, 9103, 9140, 9141, 9142, 9143, 9144, 9226, 9227, 9228, 9229, 9230, 9235, 9236, 9237, 9238, 9239, 9240 and miscellaneous parts. (Mr. Moreau)
- Motion to reappoint Mr. David Crutchfield to the Red River Waterway Commission for a six (6) year term. Term will expire July 1, 2027. (Mr. McGlothlin) REGULAR MEETING MARCH 8, 2021
pg. 5
- Motion to waive the insurance requirements for the sewer effluent discharge permit at 1811 Powell Lane, Alexandria, for Hope Love, as requested by the Rapides Area Planning Commission and approved by the Public Works Director and the Rapides Parish Health Unit Chief Sanitarian. (Ms. Perry)
- Motion to ratify authorization to enter into a Cooperative Endeavor Agreement between the Rapides Parish Police Jury and the Louisiana Department of Veterans Affairs for the period of January 1, 2021 to December 31, 2021, to provide support to the local Veterans’ Service Office, cost of $29,901annually, in monthly payments of $2,492, as recommended by the Treasurer, pending Legal Counsel approval and authorize the President to sign same. (Mr. Smith)
- Motion to adopt a Resolution for the issuance and sale of not exceeding Fifteen Million One Hundred Thousand Dollars, of Taxable General Obligation Refunding Bonds, Series 2021, to refinance and save public funds interest payments. (Mr. Smith)
- Motion to adopt a Resolution authorizing the issuance of not exceeding Five Hundred Thousand Dollars of Revenue Notes, making application to the State Bond Commission, pursuant to the Federal COVID-19 Program for forgivable loans to public entities. (Mr. Smith)
- Motion to amend Debris Removal Parish wide contracts with TFR to $3,360,000 maximum, and Tetra-Tech to $840,000 maximum, pursuant to the Presidential Declaration for a 90/10 ratio disaster damages reimbursement for Hurricane Laura damages. (Mr. Smith)
- Motion to authorize President to sign Change Order No. 2, on Project #2686 – Modernizations of Elevator at Courthouse for an additional amount of $6,400.00 for flooring and re-cladding of entrance jambs for both elevators, as recommended by the Courthouse Superintendent and Treasurer. (Mr. McGlothlin)
REGULAR MEETING
MARCH 8, 2021
pg. 6
- Motion to ratify the deletion of the following assets/equipment from various departments as the equipment was sold at auction on March 6, 2021: Sales Tax Asset Number Description Disposition 10551 Scanner (Canon 7550C) Scrap - Auctioned 09369 Scanner (Canon DR3060) Scrap – Auctioned
District Attorney 9484 Cisco Switch Scrap – Auctioned
Fire District No. 8 11149 2004 – Ford F350 Scrap – Auctioned 10794 Camper Shell Scrap – Auctioned 10911 Skid Unit Scrap – Auctioned 10134 1991-International Scrap – Auctioned Public Works Asset Number Description Disposition 9151 2002 Ford F150 Scrap – Auctioned 9149 2002 Ford F150 Scrap – Auctioned 6028 John Deere Tractor Scrap – Auctioned 7956 Dynapac Scrap – Auctioned 10903 5’ Bushhog (Woods) Scrap – Auctioned 10904 5” Bushhog (Woods) Scrap – Auctioned 10905 5’ Bushhog (Woods) Scrap – Auctioned 10839 Trailer – 30’ Dovetail Scrap – Auctioned 10103 1999 Dodge Ram Scrap – Auctioned (Mr. Wilder)
- Motion to acknowledge the election of Mr. Clay Jordan, employee elected, for a three (3) year term to the Rapides Fire District No. 7 Civil Service Board, to fill the expiring term of Mr. Jason Cannon. Term will expire February 7, 2024. (Mr. Smith)
- Motion to award Bid No. 2901 (Contract Hauling – Annual) to Tommy Russell Enterprises, LLC, as recommended by the Parish Engineer and Purchasing Agent. Contract dates are April 1, 2021 through March 31, 2022 with the option to renew for 36 month period. Rates are as follows: 0 to 10 mile haul 0.45 per yard mile 11 to 20 mile haul 0.37 per yard mile 21 miles and over 0.32 per yard mile Trucks Owned - 3 Trucks Hired – 4 (Mr. Wilder)
REGULAR MEETING
MARCH 8, 2021
pg. 7
- Motion to approve and pay $67,000 out of contract retainage to the contractor as Final Payment on Rapides Parish Project #2743 and approval of deduction of contractual delay penalties. (Mr. Smith)
- Motion to enter into a Cooperative Endeavor Agreement between the Rapides Parish Police Jury and the Louisiana Department of Treasury related to Act 45 of 2020 Second Extraordinary Legislative Session – State Aid to Local Government Entities State General Fund Direct for the purpose of roads and drainage as recommend by the Parish Engineer and authorize the President to sign same. (Mr. Smith)
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 ne ed special assistance to attend this public meeting, please contact the Police Jury Office at
March 8, 2021 other
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The Police Jury of the Parish of Rapides, State of Louisiana, met in Regular Session at its regular meeting place, the Police Jury Room of the Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, March 8, 2021, 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: Rusty Wilder and David Johnson, Davron “Bubba” Moreau, Joe Bishop and Sean McGlothlin.
Absent: Theodore Fountaine, Jr. and Doris Perry.
Also present: Theresa Pacholik, Treasurer; Shane Trapp, Courthouse Building Superintendent; Donna Andries, Sales & Use Tax Administrator; Mr. Cory Ashmore, Public Works Director; Ms. Sonya Wiley-Gremillion, OHSEP Director; Ms. Elaine Morace, WOD Director; Greg Jones, Legal Counsel and Laurel Smith, Secretary.
The invocation was given by Mr. David Johnson.
The Pledge of Allegiance was led by Mr. Sean McGlothlin.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Craig Smith, President, who welcomed all present and then stated that the Police Jury was ready for the first item of business.
The President asked if there was any public comment on any agenda item, to which there was no response.
The first item on the agenda was to recognize Mr. Matt Johns with Rapides Area Planning Commission, for an update on the Louisiana Watershed Initiative, Region 2, Governance Structure and Community Engagement.
Mr. Matt Johns, Director of Rapides Area Planning Commission, gave a brief history of the Louisiana Watershed Initiative, Region 2, Governance Structure and Community Engagement. He explained the roles and responsibilities of what is planned and stated if there are any changes, now is the time to do it. After the flood of 2016, the state launched the Louisiana Watershed Initiative. The regional steering committees develop governance recommendations and aid in project selection for improved watershed management. LWI’s Capacity Building Grant funded local staff to coordinate and provide technical support to the committee and each community per region.
Discussion ensued.
On motion by Mr. Bubba Moreau, seconded by Mr. Rusty Wilder, to adopt the minutes of the Rapides Parish Police Jury held in in Regular Session on February 8, 2021as published in the Official Journal. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, that REGULAR MEETING MARCH 8, 2021
approved bills be paid. On vote the motion carried.
The following appointment was announced to be made at the next meeting:
Mr. Glenn Pet erson appointment to the Gas Utility District #2 Board for a five (5) year term. Term will expire April 10, 2021.
On motion Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, to open a public hearing on the demolition of the following property, in accordance with the Rapides Parish Code of Ordinances, Section 8-1/4, as authorized by the Rapides Parish Police Jury.
OWNER LOCATION, DESCRIPTION & SERVICE REPORT
Mr. Faeq A. Gheith Unsafe, unsanitary and dilapidated structure located at Apartment 24 Section 4, T3N-R1W, Ward 1, Rapides Parish Alexandria LA 71301 (Dec. 14, 2020 and Jan. 11, 2021, Feb. 8, 2021)
Mr. Greg Jones, Legal Counsel, stated this property had already gone through the condemnation process. The property owner has not done anything with the structure. The condemnation was completed.
Ms. Carolyn Hines, Curator, on behalf of the owner, which is Mr. Faeq Gheith. stated notice had been sent to the homeowner, at his last known address and it was returned, never picked up. An ad was placed in The Town Talk and she was not contacted by anyone or Mr. Gheith. Ms. Hines requested that the Police Jury honor her recommendation and she be discharged as Curator for this property owner and that the cost be assessed to the property. Ms. Hines furnished a complete copy for the records.
Mr. Greg Jones requested a motion for the Parish to proceed with the demolition notice and allow the property owner sixty (60) days in which to do voluntary demolition and put it on the Jury again to let the Parish do the demolition.
On motion by Mr. Sean McGlothlin, seconded by Mr. Joe Bishop, to adopt an ordinance to give the property owner at 7011 Isabella Drive, Alexandria, Louisiana, Section 4, T3N-R1W, Ward 1, Rapides Parish, sixty (60) days for voluntary demolition; if not done, order property be demolished in accordance with the Rapides Parish Code of Ordinances Chapter 8 1/4 Condemnation of Buildings. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to close the public hearing. On vote the motion carried.
On motion by Mr. Rusty Wilder, seconded by Mr. Ollie Overton, the following Proclamation was unanimously adopted:
National Library Week 2021 Proclamation
WHEREAS, libraries of all types are at the heart of their cities, towns, schools, and campuses, serving their communities, and our Rapides Parish Library is the heart REGULAR MEETING MARCH 8, 2021
of our community
WHEREAS, libraries are accessible and inclusive places that foster a se nse of belonging and community;
WHEREAS, today’s libraries and their services extend far beyond the four walls of a building and everyone is welcome to use their resources;
WHEREAS, for people lacking broadband at home, libraries provide access to computers and wi-fi, even checking out internet hotspots and laptops;
WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all;
WHEREAS, in times of crisi s, libraries, librarians, and library workers play an invaluable role in supporting their communities both in person and virtually; from producing PPE for healthcare personnel to promoting literacy to our youth, in dire circumstances, the Rapides Parish Li brary, in particular, has been attentive to the needs of its community.
WHEREAS, to adapt to our changing world, our Library is expanding their resources and continuing to meet the needs of their patrons;
WHEREAS, libraries are cornerstones of democracy , promoting the free exchange of information and ideas for all;
WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week;
NOW, THEREFORE, be it resolved that I, Craig Smith, President of the Rapides Parish Police Jury proclaim National Library Week, April 4 -10, 2021. During National Library Week, I encourage all residents to visit their library online or at their local facilities to access resources and services. Because of our library, opportunities and resources are available for all.
THUS DONE AND ADOPTED this 8th day of March, 2021.
On motion by Mr. Bubba Moreau, seconded by Mr. Rusty Wilder, to accept as “Substantially Complete” Bid No. 2758 – Micro-Surfacing Various Roads, Rapides Parish, District A, B, C, D and H, as recommended by the Parish Public Works Director. On vote the motion carried.
On motion by Mr. Rusty Wilder, seconded by Mr. Ollie Overton, to authorize to advertise to receive bids for MC-30 Liquid Asphalt (Annual Bid), to be paid from various funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to authorize to advertise to receive bids for CRS-2 Liquid Asphalt, to be paid from various funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
REGULAR MEETING
MARCH 8, 2021
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to appoint Steve Fontenot as Engineer for renovations for Rapides Parish Fire District No. 7 – Station No. 2 as requested by the Purchasing Agent and Fire Chief and approved by Pan American Engineers Inc. – Engineer of Record for Rapides Parish Police Jury. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to approve purchase of equipment for Rapides Coliseum, not to exceed the $50,000 fee amount received from GOSHEP. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to accept the Public Works Director's Report. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, to conduct the annual review of the Rapides Parish Police Jury Stormwater Ordinance on March 8, 2021 at 3:00 pm as required by Rapides Parish Stormwater Pollution Prevention Plan and LDEQ Permit.
Mr. Cory Ashmore, Public Works Director, gave a brief update on the MS4 Stormwater and pollution.
No vote was taken on the motion.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to waive the insurance requirements for the sewer effluent discharge permit at 700 Pearce Rd, Pineville, for Zolinda McKeel as requested by the Rapides Area Planning Commission and approved by the Public Works Director and the Rapides Parish Health Unit Chief Sanitarian. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Joe Bishop, the following Proclamation was presented and unanimously adopted:
PROCLAMATION
WHEREAS, the Community Development Block Grant Program has operated since 1974 to provide local governments with the resources required to primarily meet the needs of low and moderate income persons; and
WHEREAS, the Community Development Block Grant Program is among the few remaining federal programs available to address the needs of low and moderate income persons and small cities; and
WHEREAS, the Community Development Block Grant Program has provided the State of Louisiana with important and flexible assistance to meet the needs of low and moderate income residents of small cities by funding sewer, water, and street improvements projects, economic development projects, and other public improvement projects; and
WHEREAS, Congress and the nation acknowledge the critical value of the Community Development Block Grant Program and the significant projects that rely on its funds for support; and
REGULAR MEETING
MARCH 8, 2021
WHEREAS, the week of April 5-9, 2021, has been reserved for recognition and appreciation of the Community Development Block Grant Program.
NOW, THEREFORE, I, Craig Smith, President of the Rapides Parish Police Jury do hereby proclaim the week of April 5-9, 2021, as Community Development Week in the Parish of Rapides
THUS DONE AND ADOPTED this 8th day of March, 2021.
On m otion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, the following Proclamation was presented and unanimously adopted:
PROCLAMATION
WHEREAS, the 53rd Anniversary of the National Fair Housing Law, Title VIII of the Civil Rights Act of 1968, during the month of April, is an occasion for all Americans-individually and collectively -to rededicate themselves to the principle of freedom from housing discrimination whenever it exist; and
WHEREAS, this law guarantees for each citizen the critical, personal element of freely choosing a home; and
WHEREAS, a fair housing law has been passed by the State of Louisiana, and implementation of the law requires the positive commitment, involvement, and support of each of our citizens; and
WHEREAS, the department and agencies of the State of Louisiana are to provide leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and
WHEREAS, barriers that diminish the rights and limit the options of any citizen to freely choose a home will ultimately diminish the rights and limit the option of all.
NOW, THEREFORE, I, Craig Smith, President of the Rapides Parish Police Jury do hereby proclaim the month of April 2021, as FAIR HOUSING MONTH in the Parish of Rapides.
THUS DONE AND ADOPTED this 8th day of March, 2021.
On motion by Mr. Sean McGlothlin, seconded by Mr. David Johnson, to authorize to advertise and receive bids on Cleaning Services for the Rapides Parish Courthouse as requested by the Building Superintendent. On vote the motion carried.
On motion by Mr. Ollie Overton, second by Mr. Sean McGlothlin, to appoint Mr. Christopher Caffery to the Rapides Finance Authority to fill the unexpired term of Mr. Granvel Metoyer. Term will expire October 11, 2022. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to receive the required report from Acadian Ambulance under the Contract for January, 2021: REGULAR MEETING MARCH 8, 2021
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 530 80% 89.81% Pineville - 8 minute 204 80% 80.88% Rapides - 12 minute 255 80% 86.67% Rapides - 20 minute 217 80% 81.57% On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Bubba Moreau, to create an additional part-time Secretary position, not to exceed 28 hours a week, for Fire Protection District No. 8, as requested by the Cotile Volunteer Fire Department Board of Directors. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Bubba Moreau, that the following items were not considered by the Committee of the Jury but were posted on the agenda after the Committee Meeting and added to the Jury agenda in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by two-thirds vote:
YEAS: Davron "Bubba" Moreau, Joe Bishop, Craig Smith, Rusty Wilder, Oliver Overton, Jr., Sean McGlothlin, David Johnson NAYS: None. ABSENT: Theodore Fountaine, Jr. and Doris Perry On roll call vote the motion carried 7-0.
On motion by Mr. Bubba Moreau, seconded by Mr. David Johnson, to remove from the Rapides Parish Fire District #3 asset/inventory the following equipment listed below and donate to the Eden Fellowship Volunteer Fire Department. Asset #9095, 9096, 9097, 9098, 9099, 9101, 9102, 9103, 9140, 9141, 9142, 9143, 9144, 9226, 9227, 9228, 9229, 9230, 9235, 9236, 9237, 9238, 9239, 9240, 9100 and miscellaneous parts. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Rusty Wilder, to reappoint Mr. David Crutchfield to the Red River Waterway Commission for a six
- (6) year term. Term will expire July 1, 2027. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to waive the insurance requirements for the sewer effluent discharge permit at 1811 Powell Lane, Alexandria, for Hope Love, as requested by the Rapides Area Planning Commission and approved by the Public Works Director and the Rapides Parish Health Unit Chief Sanitarian. On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to ratify authorization to enter into a Cooperative Endeavor Agreement between the Rapides Parish Police Jury and the Louisiana Department of Veterans Affairs for the period of January 1, 2021 to December 31, 2021, to provide support to the local Veterans’ Service Office, cost of $29,901 annually, in monthly payments of $2,492, as recommended by the Treasurer, pending Legal Counsel approval and authorize the President to sign same. On vote the motion carried.
The following resolution was offered by Joe Bishop and seconded by Oliver REGULAR MEETING MARCH 8, 2021
Overton, Jr.:
RESOLUTION
A resolution providing for the issuance and sale of not exceeding Fifteen Million One Hundred Thousand Dollars ($15,100,000) of Taxable General Obligation Refunding Bonds, Series 2021 of the Parish of Rapides, State of Louisiana; prescribing the form, fixi ng the details and providing for the rights of the owners thereof; providing for the payment of the principal of and interest on such bonds and the application of the proceeds thereof to the refunding of certain bonds of the Parish; and providing for other matters in connection therewith.
WHEREAS, pursuant to the provisions of Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the "Act"), the Parish of Rapides, State of Louisiana (the "Issuer"), desires to refund all or a portion of its outstanding General Obligation Bonds, Series 2013, described in Exhibit A hereto (the "Refunded Bonds"); and
WHEREAS, the Issuer, has found and determined that the refunding of the Refunded Bonds would be financially advantageous to the Issuer and would result in a lower effective interest rate on such Refunded Bonds and debt service savings to the Issuer; and
WHEREAS, pursuant to the Act, it is now the desire of this Governing Authority to adopt this resolution in order to provide for the issuance of not exceeding Fifteen Million One Hundred Dollars ($15,100,000) of Taxable General Obligation Refunding Bonds, Series 2021 (the "Bonds"), for the purpose of (i) refunding all or a portion of the Refunded Bonds, and (ii) paying the costs of issuance of the Bonds, to fix the details of the Bonds and to sell the Bonds to the purchasers thereof; and
WHEREAS, it is necessary to provide for the application of the proceeds of the Bonds and to provide for other matters in connection with the payment or redemption of the Refunded Bonds; and
WHEREAS, in connection with the issuance of the Bonds, it is necessary that provision be made for the payment of the principal of and interest on the Refunded Bonds described in Exhibit A hereto, and to provide for the call for redemption of the Refunded Bonds, pursuant to a Notice of Defeasance and Call for Redemption substantially in the form attached as Exhibit D hereto; and
WHEREAS, the Issuer desires to fix the details of the Bonds and the terms of the sale of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Issuer, that:
ARTICLE I
DEFINITIONS AND INTERPRETATION
REGULAR MEETING
MARCH 8, 2021
SECTION 1.1. Definitions. The following terms shall have the following meanings unless the context otherwise requires:
"Act" shall mean Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
"Agreement" shall mean the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Bond Resolution.
"Bond" or "Bonds" shall mean any or all of the Taxable General Obligation Refunding Bonds, Series 2021 of the Issuer, issued pursuant to this Bond Resolution in the maximum principal amount of Fifteen Million One Hundred Thousand Dollars ($15,100,000), whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued Bond.
"Bond Purchase Agreement" shall mean the agreement for the purchase and sale of the Bonds by and between the Issuer and the Purchaser, in substantially the form attached hereto as Exhibit C.
"Bond Register" shall mean the registration books of the Paying Agent in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bond Resolution" shall mean this resolution authorizing the issuance of the Bonds, as it may be amended and supplemented as herein provided.
"Business Day" shall mean a day of the year other than a day on which banks located in New York, New York and the cities in which the principal offices of the Paying Agent and the Paying Agent are located are required or authorized to remain closed and on which the New York Stock Exchange is closed.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Costs of Issuance" shall mean all items of expense, directly or indirectly payable or reimbursable and related to the authorization, sale and issuance of the Bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial fees and charges of any fiduciary, legal fees and charges, fees and charges for the preparation and distribution of any preliminary official statement and/or official statement, if paid by the Issuer, fees and disbursements of consultants and professionals, costs of credit ratings, fees and charges for preparation, execution, transportation and safekeeping of the Bonds, costs and expenses of refunding, premiums for the insurance of the payment of the Bonds, if any, and any other cost, charge or fee paid or payable by the Issuer in connection with the original issuance of Bonds.
"Defeasance Obligations" shall mean (a) cash, or (b) non callable Government Securities.
"Executive Officers" shall mean, collectively, the President and the Secretary of the Governing Authority. REGULAR MEETING MARCH 8, 2021
"Fiscal Year" shall mean the one year accounting period commencing on January 1 of each year, or such other one year period as may be designated by the Governing Authority as the fiscal year of the Issuer.
"Governing Authority" shall mean the Police Jury of the Parish of Rapides, State of Louisiana, or its successor in function.
"Government Securities" shall mean direct general obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which may be United States Treasury Obligations such as the State and Local Government Series and may be in book entry form.
"Interest Payment Date" shall mean March 1 and September 1 of each year, commencing September 1, 2021, unless a different date is set forth in the Bond Purchase Agreement.
"Issuer" shall mean the Parish of Rapides, State of Louisiana.
"Outstanding", when used with reference to the Bonds, shall mean, as of any date, all Bonds theretofore issued under this Bond Resolution, except:
- (a) Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation;
- (b) Bonds for the payment or redemption of which sufficient funds have been theretofore deposited with the Paying Agent in trust for the Owners of such Bonds as provided herein;
- (c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Bond Resolution; and
- (d) Bonds alleged to have been mutilated, destroyed, lost, or stolen which have been paid as provided in this Bond Resolution or by law.
"Owner" or "Owners" when used with respect to any Bond shall mean the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" shall mean Argent Trust Company, in the City of Ruston, Louisiana, as paying agent and registrar hereunder, until a successor Paying Agent shall have become such pursuant to the applicable provisions of this Bond Resolution, and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" shall mean any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.
"Purchaser" shall mean, collectively, Stifel, Nicolaus & Company, Inc., of Baton Rouge, Louisiana and Raymond James & Associates, Inc., of New Orleans, Louisiana. REGULAR MEETING MARCH 8, 2021
"Record Date" shall mean, with respect to an Interest Payment Date, the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a Business Day.
"Refunded Bonds" shall mean the Issuer's General Obligation Bonds, Series 2013, maturing on March 1 in the years 2024 through 2033, inclusive, which are being refunded by the Bonds, as more fully described in Exhibit A hereto, subject to adjustment as set forth in the Bond Purchase Agreement.
"State" shall mean the State of Louisiana.
SECTION 1.2. Interpretation. In this Bond Resolution, unless the context otherwise requires, (a) words importing the singular include the plural and vice versa, (b) words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders and (c) the title of the offices used in this Bond Resolution shall be deemed to include any other title by which such office shall be known under any subsequently adopted charter.
ARTICLE II
AUTHORIZATION AND ISSUANCE OF BONDS
SECTION 2.1. Authorization of Bonds; Refunding of Refunded Bonds.
- (a) his Bond Resolution creates a series of Bonds of the Issuer to be designated "Taxable General Obligation Refunding Bonds, Series 2021, of the Parish of Rapides, State of Louisiana" and provides for the full and final payment of the principal or redemption price of and interest on all the Bonds.
- (b) The Bonds issued under this Bond Resolution shall be issued for the purpose of (i) refunding the Refunded Bonds through a portion of the proceeds of the Bonds, together with additional moneys provided by the Issuer in order to provide for the payment of the principal of and interest on the Refunded Bonds as they mature or upon earlier redemption as provided in Section 12.1 hereof, and (ii) paying the Costs of Issuance.
- (c) Provision having been made for the orderly payment until maturity or earlier redemption of all the Refunded Bonds, in accordance with their terms, it is hereby recognized and acknowledged that as of the date of delivery of the Bonds under this Bond Resolution, provision will have been made for the performance of all covenants and agreements of the Issuer incidental to the Refunded Bonds, and that accordingly, and in compliance with all that is herein provided, the Issuer is expected to have no future obligation with reference to the aforesaid Refunded Bonds.
SECTION 2.2. Bond Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Bonds by those who shall own the same from time to time, the provisions of this Bond Resolution shall be a part of the contract of the Issuer with the Owners of the Bonds and shall be deemed to be and shall constitute a contract between the Issuer and the Owners from time to time of the Bonds. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Owners of any and all of the Bonds, each of which Bonds, REGULAR MEETING MARCH 8, 2021
regardless of the time or times of its issue or maturity, shall be of equal rank without preference, priority or distinction over any other thereof except as expressly provided in this Bond Resolution.
SECTION 2.3. Obligation of Bonds. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment and for the payment of all the interest thereon. The Issuer is bound under the terms and provisions of law and this Bond Resolution to impose and collect annually, in excess of all other taxes, a tax on all the property subject to taxation within the territorial limits of the Issuer, sufficient to pay the principal of and interest on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer. All ad valorem taxes levied by the Issuer in each year for the payment of the Bonds shall, upon their receipt, be transferred to the Governing Authority, which shall have responsibility for the deposit of such receipts and for the investment and reinvestment of such receipts and the servicing of the Bonds and any other general obligation bonds of the Issuer.
SECTION 2.4. Authorization and Designation. Pursuant to the provisions of the Act, there is hereby authorized the issuance of not exceeding Fifteen Million One Hundred Thousand Dollars ($15,100,000) principal amount of Bonds of the Issuer to be designated "Taxable General Obligation Refunding Bonds, Series 2021, of the Parish of Rapides, State of Louisiana", for the purposes set forth in Section 2.1(b) above. The Bonds shall be in substantially the form set forth as Exhibit B hereto, with such necessary or appropriate variations, omissions and insertions as are required or permitted by the Act and this Bond Resolution.
This Governing Authority hereby finds and determines that upon the issuance of the Bonds, the total outstanding amount of general obligation bonds of the Issuer issued and deemed to be outstanding will not exceed the Issuer's general obligation bond limit.
SECTION 2.5. Denominations, Dates, Maturities and Interest. The Bonds shall be dated the date of delivery, shall be numbered consecutively from R1 upwards, shall mature on March 1 in each of the years and in the principal amounts as shall be set forth in the Bond Purchase Agreement, may be serial bonds or term bonds with mandatory call provisions, as set forth in the Bond Purchase Agreement, and shall mature no later than March 1, 2033. The unpaid principal of the Bonds shall bear interest from date thereof or from the most recent Interest Payment Date.
The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America which at the time of payment is legal tender for public and private debts.
The Bonds shall bear interest at a rate or rates of interest (not exceeding 5.00% per annum) and shall be sold at such price (premium, par or discount) all as set forth in the Bond Purchase Agreement.
The principal of the Bonds, upon maturity or redemption, shall be payable at the principal office of the Paying Agent, upon presentation and surrender thereof, REGULAR MEETING MARCH 8, 2021
and interest on the Bonds will be payable by check mailed by the Paying Agent to the Owner (determined as of the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Bond Resolution upon transfer or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so that neither gain nor loss in interest shall result from such transfer, exchange or substitution. No Bond shall be entitled to any right or benefit under this Bond Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Bond Resolution, executed by the Paying Agent by manual signature.
The person in whose name any Bond is registered at the close of business on the Record Date with respect to an Interest Payment Date shall in all cases be entitled to receive the interest payable on such Interest Payment Date notwithstanding the cancellation of such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Interest Payment Date.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amounts of Bonds outstanding, all payments of principal and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal and interest, whether by check or by wire transfer.
SECTION 2.6. Book Entry Registration of Bonds. The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), as registered owner of the Bonds, and held in the custody of DTC. The Executive Officers or any other officer of the Issuer is authorized to execute and deliver a Blanket Letter of Representation to DTC on behalf of the Issuer with respect to the issuance of the Bonds in Abook-entry only@ format. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Resolution and said Letter of Representation. Initially, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary herein, while the Bonds are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representation.
For every transfer and exchange of the Bonds, the Beneficial Owner (as REGULAR MEETING MARCH 8, 2021
defined in the Blanket Letter of Representation) may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
- (a) DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days' notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law; or
- (b) The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer or the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this Bond Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
ARTICLE III
GENERAL TERMS AND PROVISIONS OF THE BONDS
SECTION 3.1. Registration, Transfer and Exchange of Bonds; Persons Treated as Owners. Except as provided under DTC=s book-entry only system, the Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register the transfer of, or exchange (i) any Bond during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date, or (ii) any Bond called for redemption prior to maturity, during a period beginning at the opening of business fifteen (15) days before the date of mailing of a notice of redemption of such Bond and ending on the date of such redemption. REGULAR MEETING MARCH 8, 2021
SECTION 3.2. Bonds Mutilated, Destroyed, Stolen or Lost. If (a) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (b) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Bond Resolution equally and ratably with all other Outstanding Bonds. The procedures set forth in the Agreement authorized in this Bond Resolution shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 3.3 Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already cancelled, shall be promptly cancelled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent. All cancelled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 3.4. Execution. The Bonds shall be executed in the name and on behalf of the Issuer by the manual or facsimile signatures of the Executive Officers and the corporate seal of the Issuer (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise reproduced thereon. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall have been actually delivered, such Bonds may nevertheless, be delivered as herein provided, and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Said officers shall, by the execution of the Bonds, adopt as and for their own proper signatures their respective facsimile signatures appearing on the Bonds or any legal opinion certificate thereon, and the Issuer may adopt and use for that purpose the facsimile signature of any person or persons who shall have been such officer at any time on or after the date of such Bond, notwithstanding that at the date of such Bond such person may not have held such REGULAR MEETING MARCH 8, 2021
office or that at the time when such Bond shall be delivered such person may have ceased to hold such office.
SECTION 3.5. Registration by Paying Agent. No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Bond Resolution unless and until a certificate of registration on such Bond substantially in the form set forth in Exhibit B hereto shall have been duly executed on behalf of the Paying Agent by a duly authorized signatory, and such executed certificate of the Paying Agent upon any such Bond shall be conclusive evidence that such Bond has been executed, registered and delivered under this Bond Resolution.
ARTICLE IV
SINKING FUND; PAYMENT OF BONDS
SECTION 4.1. Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will maintain a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid special tax for the sole purpose of paying the cost of general obligation bond retirement. The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least three (3) days in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Bond Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State, in which event all income derived from such investments shall be added only to the Sinking Fund.
SECTION 4.2. Payment of Bonds. The Issuer shall duly and punctually pay or cause to be paid as herein provided, the principal of every Bond and the interest thereon, at the dates and places and in the manner stated in the Bonds according to the true intent and meaning thereof.
ARTICLE V
REDEMPTION OF BONDS
SECTION 5.1. Redemption of Bonds. The Bonds may be subject to optional and mandatory redemption as set forth in the Bond Purchase Agreement.
Official notice of such call of any of the Bonds for optional redemption shall be given by means of (i) first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemption date or (ii) electronic transmission not less than thirty (30) days prior to the redemption date addressed to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent.
REGULAR MEETING
MARCH 8, 2021
If the Bonds are to be redeemed only in part, then the Bonds shall be surrendered at the principal corporate trust office of the Paying Agent and such partial redemption shall be noted thereon, or there shall be delivered to the Owner of such Bond a Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. In the event the Bonds to be redeemed are of a denomination larger than $5,000, a portion of such Bonds ($5,000 or any multiple thereof) may be redeemed. Bonds are not required to be redeemed in inverse order of maturity.
ARTICLE VI
APPLICATION OF BOND PROCEEDS
SECTION 6.1. Preparation of Bonds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions and accomplish the purpose of this Bond Resolution, to cause the necessary Bonds to be printed, to issue, execute, seal and deliver the Bonds, to effect the delivery of the Bonds in accordance with the sale thereof, and to collect the purchase price therefor.
SECTION 6.2. Application of Bond Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Bond Resolution, to cause the Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. As a condition of the issuance of the Bonds, the Issuer hereby binds and obligates itself to apply an amount of the proceeds derived from the issuance and sale of the Bonds, together with additional moneys of the Issuer, as may be required, as will enable the Issuer to immediately redeem the principal and interest of the Refunded Bonds on the redemption date, and the Chief Financial Officer is hereby authorized to release existing monies from the Sinking Fund as necessary.
ARTICLE VII
SUPPLEMENTAL BOND RESOLUTIONS
SECTION 7.1. Supplemental Resolutions Effective Without Consent of Owners. For any one or more of the following purposes and at any time from time to time, a resolution supplemental hereto may be adopted, which, upon the filing with the Paying Agent of a certified copy thereof, but without any consent of Owners, shall be fully effective in accordance with its terms:
- (i) to add to the covenants and agreements of the Issuer in this Bond Resolution other covenants and agreements to be observed by the Issuer which are not contrary to or inconsistent with this Bond Resolution as theretofore in effect;
(ii) to add to the limitations and restrictions in this Bond Resolution other limitations and restrictions to be observed by the Issuer which are not contrary to or inconsistent with this Bond Resolution as theretofore in effect;
(iii) to surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of this Bond Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants REGULAR MEETING MARCH 8, 2021
and agreements of the Issuer contained in this Bond Resolution;
(iv) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision of this Bond Resolution; or
- (v) to insert such provisions clarifying matters or questions arising under this Bond Resolution as are necessary or desirable and are not contrary to or inconsistent with this Bond Resolution as theretofore in effect.
SECTION 7.2. Supplemental Resolutions Effective With Consent of Owners. Except as provided in Section 7.1, any modification or amendment of this Bond Resolution or of the rights and obligations of the Issuer and of the Owners of the Bonds hereunder, in any particular, may be made by a supplemental resolution, with the written consent of the Owners of a majority of the principal amount of the Bonds Outstanding at the time such consent is given. No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentages of Bonds the consent of the Owner of which is required to effect any such modification or amendment, or change the obligation of the Issuer to levy and collect taxes for the payment of the Bonds as provided herein, without the consent of the Owners of all of the Bonds then outstanding, or shall change or modify any of the rights or obligations of the Paying Agent without its written assent thereto. For the purposes of this Section, Bonds shall be deemed to be affected by a modification or amendment of this Bond Resolution if the same adversely affects or diminishes the rights of the Owners of said Bonds.
A supplemental resolution, upon the filing with the Paying Agent of a certified copy thereof, shall become fully effective in accordance with its terms.
ARTICLE VIII
CONTINUING DISCLOSURE
SECTION 8.1. Continuing Disclosure. The Executive Officers of the Issuer are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in the official statement issued in connection with the issuance and sale of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 8.2. Post-Issuance Compliance. The Executive Officers and/or their designees are directed to establish, continue, and/or amend, as applicable, written procedures to assist the Issuer in complying with various State and Federal statutes, rules and regulations applicable to the Bonds and are further authorized to take any and all actions as may be required by said written procedures to ensure continued compliance with such statutes, rules and regulations throughout the term of the Bonds.
ARTICLE IX
CONCERNING FIDUCIARIES
SECTION 9.1. Paying Agent; Appointment and Acceptance of Duties. REGULAR MEETING MARCH 8, 2021
The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Bond Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder. No resignation or removal of the Paying Agent shall become effective until a successor has been appointed and has accepted the duties of Paying Agent.
ARTICLE X
MISCELLANEOUS
SECTION 10.1. Discharge of Bond Resolution; Defeasance. If the Issuer shall pay or cause to be paid to the Owners of all Bonds then outstanding, the principal and interest to become due thereon, at the times and in the manner stipulated therein and in this Bond Resolution, then the covenants, agreements and other obligations of the Issuer to the Owners shall be discharged and satisfied. In such event, the Paying Agent shall, upon the request of the Issuer, execute and deliver to the Issuer all such instruments as may be desirable to evidence such discharge and satisfaction and the Paying Agent shall pay over or deliver to the Issuer all moneys, securities and funds held by them pursuant to this Bond Resolution which are not required for the payment of Bonds not theretofore surrendered for such payment.
Bonds or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Bonds shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 10.2. Evidence of Signatures of Owners and Ownership of Bonds. (a) Any request, consent, revocation of consent or other instrument which this Bond Resolution may require or permit to be signed and executed by the Owners may be in one or more instruments of similar tenor, and shall be signed or executed by such Owners in person or by their attorneys in fact appointed in writing. Proof of (i) the execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the ownership by any person of the Bonds shall be sufficient for any purpose of this Bond Resolution (except as otherwise therein expressly provided) if made in the following manner, or in any other manner satisfactory to the Paying Agent, which may nevertheless in its discretion REGULAR MEETING MARCH 8, 2021
require further or other proof in cases where it deems the same desirable:
- (1) the fact and date of the execution by any Owner or his attorney in fact of such instrument may be proved by the certificate, which need not be acknowledged or verified, of an officer of a bank or trust company or of any notary public or other officer authorized to take acknowledgements of deeds, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority;
- (2) the ownership of Bonds and the amount, numbers and other identification, and date of owning the same shall be proved by the registration books of the Paying Agent.
- (b) Any request or consent by the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Issuer or the Paying Agent in accordance therewith.
SECTION 10.3. Moneys Held for Particular Bonds. The amounts held by the Paying Agent for the payment due on any date with respect to particular Bonds shall, on and after such date and pending such payment, be set aside on its books and held in trust by it, without liability for interest, for the Owners of the Bonds entitled thereto.
SECTION 10.4. Parties Interested Herein. Nothing in this Bond Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Issuer, the Paying Agent, and the Owners of the Bonds any right, remedy or claim under or by reason of this Bond Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this Bond Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent, and the Owners of the Bonds and the owners of the Refunded Bonds.
SECTION 10.5. No Recourse on the Bonds. No recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or on this Bond Resolution against any member of the Governing Authority or officer of the Issuer or any person executing the Bonds.
SECTION 10.6. Successors and Assigns. Whenever in this Bond Resolution the Issuer is named or referred to, it shall be deemed to include its successors and assigns and all the covenants and agreements in this Bond Resolution contained by or on behalf of the Issuer shall bind and enure to the benefit of its successors and assigns whether so expressed or not.
SECTION 10.7. Subrogation. In the event the Bonds herein authorized to be issued, or any of them, should ever be held invalid by any court of competent jurisdiction, the Owner or Owners thereof shall be subrogated to all the rights and remedies against the Issuer had and possessed by the Owner or Owners of the REGULAR MEETING MARCH 8, 2021
Refunded Bonds.
SECTION 10.8. Severability. In case any one or more of the provisions of this Bond Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Bond Resolution or of the Bonds, but this Bond Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date of this Bond Resolution which validates or makes legal any provision of this Bond Resolution or the Bonds which would not otherwise be valid or legal shall be deemed to apply to this Bond Resolution and to the Bonds.
SECTION 10.9. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of Louisiana."
SECTION 10.10. Publication of Bond Resolution. This Bond Resolution shall be published one time in the official journal of the Issuer; however, it shall not be necessary to publish any exhibits hereto if the same are available for public inspection and such fact is stated in the publication.
SECTION 10.11 Execution of Documents. In connection with the issuance and sale of the Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, certificates and instruments as they may deem necessary, upon the advice of bond counsel, to effect the transactions contemplated by this Bond Resolution, the signatures of the Executive Officers on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.
ARTICLE XI
SALE OF BONDS
SECTION 11.1. Sale of Bonds. The Bonds are hereby authorized to be sold to the Purchaser, and one or more of the Executive Officers are hereby authorized to execute the Bond Purchase Agreement and provide for such sale to the Purchaser. After execution and authentication by the Paying Agent, the Bonds shall be delivered to the Purchaser, or its agents or assigns, upon receipt by the Issuer of the agreed purchase price. The Bond Purchase Agreement shall be in substantially the form attached hereto as Exhibit C with such changes as may be approved by the Executive Officers signing the Bond Purchase Agreement, their execution being conclusive evidence of their approval of such changes.
ARTICLE XII
REDEMPTION OF REFUNDED BONDS
SECTION 12.1. Call for Redemption. Subject only to the delivery of the REGULAR MEETING MARCH 8, 2021
Bonds, the Refunded Bonds are hereby called for redemption on March 1, 2023, at the principal amount thereof, together with accrued interest to the redemption date, in compliance with the resolution authorizing their issuance.
SECTION 12.2. Notice of Redemption. In accordance with the terms of the resolution authorizing the issuance of the Refunded Bonds, a Notice of Defeasance and Call for Redemption in substantially the form attached hereto as Exhibit D, shall be sent by the paying agent for the Refunded Bonds to the registered owners of the Refunded Bonds.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Davron "Bubba" Moreau, Joe Bishop, Craig Smith, Rusty Wilder, Oliver Overton, Jr., Sean McGlothlin, David Johnson NAYS: None. ABSENT: Theodore Fountaine, Jr. and Doris Perry
And the resolution was declared adopted on this 8th day of March, 2021.
/s/ Laurel Smith /s/ Craig Smith Secretary President
[EXHIBITS ARE ON FILE WITH THE SECRETARY AND ARE AVAILABLE DURING NORMAL BUSINESS HOURS]
The following resolution was offered by Mr. Oliver Overton, Jr. and seconded by Mr. Joe Bishop:
RESOLUTION
A resolution authorizing the issuance of not exceeding $500,000 of Revenue Notes, in one or more series, of the Parish of Rapides, State of Louisiana; making application to the State Bond Commission for approval of and providing for the sale and certain terms of said Revenue Notes; and providing for other matters in connection therewith.
WHEREAS, Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the "Act") authorizes public entities to issue revenue bonds or notes for any authorized purpose payable out of the income, revenues, and receipts derived or to be derived by such public entities; and
WHEREAS, as a result of the COVID-19 pandemic and concurrent economic downturn, the Parish of Rapides, State of Louisiana (the "Issuer") may need to identify financing for operations and expenses in the current fiscal year to ensure the continuity of essential government functions; and
WHEREAS, the Issuer wishes to incur debt and issue not exceeding $500,000 of its Revenue Notes, or any other such designation as may be required by the Small Business Administration under the Paycheck Protection Program or REGULAR MEETING MARCH 8, 2021
by other federal programs, acts or regulations, for the purpose of funding operations and expenses in the current fiscal year, to mature no later than five (5) years from the date thereof, and to bear interest at a rate or rates not to exceed one per centum (1%) per annum; and
WHEREAS, the Issuer desires to make application to the State Bond Commission for approval of the Notes, and further to employ professionals in connection therewith;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Issuer, that:
SECTION 1. In accordance with the Act, approval is hereby given to the incurrence of debt and issuance of not exceeding $500,000 of Revenue Notes of the Issuer (the "Notes") in one or more series, each of which may be taxable or taxexempt, for the purpose of funding salaries and other operating expenses in the current year is hereby authorized. The Notes shall mature no later than five (5) years from the date thereof, and bear interest at a rate or rates not to exceed one per centum (1%) per annum. The Notes shall be secured by and payable from all revenues to be received by the Issuer while the Notes are outstanding to the extent such revenues are available for the payment of debt service on the Notes. The Notes shall have such additional terms and provisions as may be determined by the President and/or Secretary of this Governing Authority. The Notes may be issued in the form of a single, fully registered Note, the proceeds of which may be advanced on an "as needed" basis. "Notes" include any indebtedness obtained by the Issuer through a bank under the Paycheck Protection Program or other federal programs, acts or regulations (the "Federal Programs"). If Notes are issued pursuant to a Federal Program, the Issuer shall pay any administrative, closing or other fees as required by that Federal Program.
SECTION 2. In accordance with the Act and the emergency financing process authorized by the State Bond Commission, application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for consent and approval to issue, sell and deliver the Notes.
By virtue of applicant/issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.", adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
SECTION 3. The Notes are hereby authorized to be sold to a purchaser, and the President and/or Secretary of the Governing Authority are hereby authorized to execute a Commitment Letter and/or applicable documents, in form and substance satisfactory to Bond Counsel, to the Issuer and the Small Business Administration, REGULAR MEETING MARCH 8, 2021
if applicable, provided the sale of the Notes is within the parameters set forth herein. The authority granted in this Section shall be complete authority for the sale of the Notes by the Issuer.
SECTION 4. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Notes, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Notes. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Notes, shall counsel and advise this Governing Authority as to the issuance thereof and shall furnish their opinions covering the legality of the issuance of the Notes; however, Bond Counsel is not being retained to determine the Issuer’s qualification under any Federal Program. The fee of Bond Counsel for each series of said Notes shall be fixed at a sum not exceeding twenty percent (20%) of the fee allowed by the Attorney General's fee guidelines for such bond counsel work in connection with the issuance of revenue bonds and based on the amount of said Notes actually issued, sold, delivered and paid for, plus "out-ofpocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Notes. The President is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of the engagement letter of Bond Counsel, a copy of which is on file with the Governing Authority. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated.
This resolution having been submitted to a vote, the vote thereon was as follows:
FOR: Davron "Bubba" Moreau, Joe Bishop, Craig Smith, Rusty Wilder, Oliver Overton, Jr., Sean McGlothlin, David Johnson AGAINST: None. ABSENT: Doris Perry and Theodore Fountaine, Jr. ABSTAIN: None.
And the resolution was declared adopted on this, the 8th day of March, 2021.
/s/ Laurel Smith /s/ Craig Smith Secretary President
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to amend Debris Removal Parish wide contracts with TFR to $3,360,000 maximum, and Tetra-Tech to $840,000 maximum, pursuant to the Presidential Declaration for a 90/10 ratio disaster damages reimbursement for Hurricane Laura damages. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Rusty Wilder, to authorize President to sign Change Order No. 2, on Project #2686 – Modernizations of Elevator at Courthouse for an additional amount of $6,400.00 for flooring and re-cladding of entrance jambs for both elevators, as recommended by the Courthouse Superintendent and Treasurer. On vote the motion carried. REGULAR MEETING MARCH 8, 2021
On motion by Mr. David Johnson, seconded by Mr. Ollie Overton, to ratify the deletion of the following assets/equipment from various departments as the equipment was sold at auction on March 6, 2021: Sales Tax Asset Number Description Disposition 10551 Scanner (Canon 7550C) Scrap - Auctioned 09369 Scanner (Canon DR3060) Scrap – Auctioned
District Attorney 9484 Cisco Switch Scrap – Auctioned
Fire District No. 8 11149 2004 – Ford F350 Scrap – Auctioned 10794 Camper Shell Scrap – Auctioned 10911 Skid Unit Scrap – Auctioned 10134 1991-International Scrap – Auctioned Public Works Asset Number Description Disposition 9151 2002 Ford F150 Scrap – Auctioned 9149 2002 Ford F150 Scrap – Auctioned 6028 John Deere Tractor Scrap – Auctioned 7956 Dynapac Scrap – Auctioned 10903 5’ Bushhog (Woods) Scrap – Auctioned 10904 5’ Bushhog (Woods) Scrap – Auctioned 10905 5’ Bushhog (Woods) Scrap – Auctioned 10839 Trailer – 30’ Dovetail Scrap – Auctioned 10103 1999 Dodge Ram Scrap – Auctioned On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Ollie Overton, to acknowledge the election of Mr. Clay Jordan, employee elected, for a three (3) year term to the Rapides Fire District No. 7 Civil Service Board, to fill the expiring term of Mr. Jason Cannon. Term will expire February 7, 2024. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Rusty Wilder, to award Bid No. 2901 (Contract Hauling – Annual) to Tommy Russell Enterprises, LLC, as recommended by the Public Works Director and Purchasing Agent. Contract dates are April 1, 2021 through March 31, 2022 with the option to renew for 36 month period. Rates are as follows: 0 to 10 mile haul 0.45 per yard mile 11 to 20 mile haul 0.37 per yard mile 21 miles and over 0.32 per yard mile Trucks Owned - 3 Trucks Hired – 4 On vote the motion carried.
On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to approve and pay $67,000 out of contract retainage to the contractor as Final Payment on Rapides Parish Project #2743 and approval of deduction of contractual delay penalties. On vote the motion carried. REGULAR MEETING MARCH 8, 2021
On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to enter into a Cooperative Endeavor Agreement between the Rapides Parish Police Jury and the Louisiana Department of Treasury related to Act 45 of 2020 Second Extraordinary Legislative Session – State Aid to Local Government Entities State General Fund Direct for the purpose of roads and drainage as recommend by the Parish Engineer and authorize the President to sign same. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin, to add the following motions to the agenda, received after the Jury Meeting agenda was posted in compliance with the Public Meetings Law and are now confirmed as having been added to the agenda by unanimous vote: YEAS: Davron "Bubba" Moreau, Joe Bishop, Craig Smith, Rusty Wilder, Oliver Overton, Jr., Sean McGlothlin, David Johnson NAYS: None. ABSENT: Theodore Fountaine, Jr. and Doris Perry On roll call vote the motion carried 7-0.
On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to authorize the OHSEP Director to participate in the Hazard Mitigation Grant Program allocation for updating of the current Parish Hazard Mitigation Plan (2016) as required by FEMA. Further to participate in GOHSEP Option One: Stephenson Disaster Management Institute (SDMI) for the plan update and to extend to all Municipalities the opportunity to participate. On vote the motion carried.
There being no further business, motion by Mr. David Johnson, seconded by Mr. Bubba Moreau, the meeting was adjourned at 3:32 p.m.
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