Public Meeting
Rapides Parish Police Jury
· 3:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
Jury Agenda agenda
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Posted August 10, 2023
REGULAR SESSION
AUGUST 14, 2023 3:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ANY AGENDA ITEM
JURORS COMMENTS
APPOINTMENTS TO BE ANNOUNCED ***William Barron on the England Economic and Industrial Development Board for a four (4) year term. Term will expire September 9, 2023. ***Michael Fairbanks on the Rapides Parish Library Board, representing District B, for a five (5) year term. Term will expire September 1, 2023. (July Agenda) - Appointment has termed out and a new appointment will need to be made.
- Motion to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on July 17, 2023 and Special Session on July 31, 2023 , as published in the Official Journal.
- Motion that approved bills be paid.
- Notice is hereby given to the Louisiana Department of Economic Development (“Department”) of the following action by the Rapides Parish Police Jury, pursuant to §503(H)(1) of the Industrial Tax Exemption Program Rules Ucore North America, LLC. Industrial Tax Exemption application #202230078 -ITE - $65,000,000.000 has been placed on the agenda for a public meeting of September 11, 2023, notice of which is attached hereto, thus hereby requesting an additional 30 days to take a ction on the Application. Hearing to approve or deny will be on September 11, 2023 at 3:00 pm located at 701 Murray Street , Suite 201, Alexandria, LA 71301. (Mr. Scott) REGULAR MEETING AUGUST 14, 2023
pg. 2
- Motion to authorize the Rapides Parish Police Jury to execute an Engineering Agreement with Pan American Engineers, LLC. for engineering services related to Downs Lane Culvert Replacement and authorize Pa n American Engineers, LLC. to advertise and receive bids for the same. The estimated construction cost of the project is $420,000. Project to be paid from Road District 36, District E funds. ( Public Works 08/07)
- Motion to authorize Pan American E ngineers, LLC. to advertise and receive bids for the Tiger Lake Road Lane Widening project. The estimated construction cost of the project is $585,000. Project is to be paid from Police Jury District H – Road District 2C funds. ( Public Works 08/07)
- Motion to accept the donation of twenty -five (25) Speed Limit Signs from the City of Alexandria and authorize the President to sign necessary paperwork. ( Public Works 08/07)
- Motion to enter into a Professional Service Agreement with Pan American Engineers, LLC., for Overall Road Improvements Program 2023, and authorize the President to sign said agreement and all necessary documents. (Public Works 08/07)
- Motion to accept Task Order B -3-2022 – Concrete Panel Repairs in the Fairway East Subdi vision as “Substantially Complete”, and authorize the Parish President to sign and record the “Task Order Certificate of Acceptance”, and authorize the Parish President to sign a Final Recap Task Order Change Order adjusting the final contract quantities a nd time period as necessary, as recommended by the Parish Engineer, Pan American Engineers, LLC. ( Public Works 08/07)
- Motion to accept the “Asphalt Roadway Improvements on Clifton Road” as “Substantially Complete”, and authorize the Parish Presiden t to sign and record the “Substantial Completion” certificate, and authorize th e Parish President to sign a Final Recap Change Order adjusting the final contract quantities and time period as necessary, as recommended by the Parish Engineer, Pan American Engineers, LLC. REGULAR MEETING AUGUST 14, 2023
pg. 3
( Public Works 08/07)
- Motion to authorize the Parish President to request assistance from NRCS to complete an assessment of the following bayous, dams, and other associated irrigation components; Bayou Rapides and Bayou Boeuf. ( Public Works 08/07)
- Motion to authorize the Rapides Parish Police Jury to enter into an agreement with T.L. Construction of Alexandria, Louisiana for the Butte LaRose Road Reconstruction project at a cost of $166,965.00 and authorize the Parish President to sign the necessary documents as recommended by Parish Engineer, Pan American Engineer s, LLC. Project to be paid using $60,000 from Road and Bridge Fund and the balance paid using District G, Road District 1B funds. ( Public Works 08/07)
- Motion to enter into a contract with Durable Piling Restoration for repair s to Libuse Cutoff Road Bridge, for the amount of $23,070.00, to be paid from Public Works Fund. Repairs were identified in the last bridge inspection. ( Public Works 08/07)
- Motion to authorize Ms. Lana Davis, at 25 G. Davis Road, Glenmora, LA 71433, as a Hardship Case. (Proper certification has been submitted) (Public Works 08/07)
- Motion to approve the AJC Certification Matrix Scoring Criteria approved by the Workforce Investment Council and to be submitted to Louisiana Workforce Commission for approval and evaluation. ( Workforce Development & Grants 08/07)
- Motion to extend emp loyment for one (1) temporary employee for the position of Office Administrator and one (1) temporary employee for the position of Case Manager until September 30, 2023, due to shortage of WIOA staff. Funding for this position will be paid out of WIOA fun ds. Authorize the Treasurer to amend budget as necessary. ( Workforce Development & Grants 08/07) REGULAR MEETING AUGUST 14, 2023
pg. 4
- Motion to amend job position title of temporary employee DDWG Office Administrator to Office Administrator/Service Navigator. Funding for this position will be paid from WIOA and Y.E.S. grant. Authorize the Treasurer to amend budget as necessary. (Workforce Development & Grants 08/07)
- Motion to permanently relocated Precinct S11 from the Calvary Baptist Volunteer Fire Department, Station No. 5, located at 3569 Highway 121, Boyce, LA 71409. A copy of this resolution b e sent to Secretary of State, Elections Division, Clerk of Court and Registrar of Voters. (Personnel, Elections & Health 08/07)
- Motion to name the Secretary/Treasurer and Chief Accountant as Ethics designees for the Rapides Parish Police Jury as required by LA R.S. 42:1170(C). (Personnel, Elections & Health 08/07)
- Motion to receive the required report from Acadian Ambulanc e under the Contract for June, 2023:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 470 80% 90.21% Pineville - 8 minute 137 80% 85.40% Rapides - 12 minute 172 80% 88.37% Rapides - 20 minute 204 80% 86.76% ( Ambulance, Fire & Insurance 08/07)
- Motion to grant a new electric line right-of-way to CLECO Power, LLC, for an electrical service line for the New Fire Station for Fire District No. 9 – Echo/Poland and authorize the President to sign necessary paperwork. ( Ambulance, Fire & Insurance 08/07)
- Motion that due to extremely dry conditions, a burn ban will be in effect for Rapides Parish, effective August 7, 2023 and remain in effect until further notice. (Ambulance, Fire & Insurance 08/07)
REGULAR MEETING
AUGUST 14, 2023
pg. 5
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 grant approval to Olde Town at Red River S ubdivision-Phase II, located off Bayou Rapides Road, as recommended by the Rapides Area Planning Commission. (Mr. Scott)
- Motion to accept “Bid No. 3068 - Sales and Tax Use Building Roof Replacement and Repairs ” as “ Substantially Complete”, and authorize the Parish President to sign and record the “Substantial Completion” certificate, and authorize the Parish President to sign any other necessary documents, as recommended by the Ballard CLC, Inc. and Parish Engineer, Pan American Engineers, LLC. (Mr. Bishop)
- Motion to adopt a resolution ordering and calling a special election to be held in the Parish of Rapides, State of Louisiana, to authorize the levy of a special tax therein; making application to the State Bond Commission and providing for other matters in connection therewith. (Renaissance) (Mr. Bishop)
- Motion to adopt a resolution authorizing the incurring of debt and issuance of Two Million Seven Hundred Thousand Dollars ($2,700,000) of Sales Tax Bonds, Series 2023, of Road District No. 2B (Ward 11) Sales Tax District of the Parish of Rapides, State of Louisiana; and providing for other matters in connection therewith. (Mr. Smith)
- Motion to award road improvement project for leveling and asphalt overlay to Gordon Blacktopping, for the amount of $142,000.00, for Hickory Grove Road and Hickory Grove Loop. Project to be funded by Road District 2B -1, District C funds. (Mr. Smith)
REGULAR MEETING
AUGUST 14, 2023
pg. 6
- Motion to delete from the Rapides Parish Coliseum Asset/Inventory Program the equipment listed below as this item is no longer suitable for public use: Asset Number Description Disposal 11718 Basketball Floor Replaced (Mr. McGlothlin)
- Motion to authorize the Rapides Parish Police Jury to enter into an agreement with Descant Excavating & Construction Services, LLC for the Concrete Pavement Improvements on Maid Marien Drive project at a cost of $38,500.00 and authorize the Parish President to sign the necessary documents as recommended by Parish Engineer, Pan American Engineers, LLC. (Mr. Moreau)
- Motion to authorize the President to execute FY 2024 -2028 Capital Improvement Plan and associated Overall Development Objectives and Financial Plans for the Esler Regional Airport, as recommended by the Parish Engineer, Pan American Engineers, LLC. (Mr. Bishop)
- Motion of Intent to Sell for the following Abandoned/Adjudicated Property Tax Debtor Description
Angelique (Stewart) Nelson Lot Six (6), Square Four (4), Green Oak Subdivision Bearing the municipal address of: Parcel ID# 2400303650004101 Assessment# 501014700 (Mr. Moreau)
- Motion to discuss & take action on the revocation of Bill Mac Road & Milburn Strother Road. (Mr. Johnson)
REGULAR MEETING
AUGUST 14, 2023
pg. 7
- Motion to acknowledge and commence work on shoulder areas of roadway, including wash away and excavated area, repairs, filled and graded, roadway grading and contour repairs to control excessive erosion on shoulder areas of Ussery Road and plant pine seedlings/saplings to prevent/control roadway and shoulder erosion. Originally approved by the Police Jury August 12, 2019 and June 13, 2022. (Mr. Wilder)
- Motion to reschedule the regular scheduled Committee Meeting from Tuesday, September 5, 2023 to Monday, September 11, 2023 and reschedule the regular scheduled Jury Meeting from Monday, September 11, 2023 to Monday, September 18, 2023. (Mr. Bishop)
- Motion to authorize the Rapides Parish Police Jury to execute an Engineering Services Agreement with Pan American Engineers, LLC. for services related to the Esler Regional Airport Drainage Rehabilitation (Work Area 3) project and authorize Pan American Engineers, LLC. to advertise and receive bids for the same. The estimated construction cost of the project is $1,961,000. Project to be paid by the Federal Aviation Administration (FAA) and the Department of Transportation and Development (DOTD). (Mr. Bishop)
- Motion to award road impr ovement project for leveling and asphalt overlay to Gordon Blacktopping, for the amount of $133,906.00, for the following roads: Newsome Road, Fletcher Road, Brannon Road and Smetak Road. Project to be funded by Road District 2B-2, District C funds. (Mr . Smith)
- Motion to award road improvement project for Locker Road, for the amount of $194,600.00 to ACM Contracting. Project to be funded by Road District 2B-C, District C funds. (Mr. Smith)
- Motion to authorize the Purchasing Agent to advertise for bids to purchase a basketball floor for the Rapides Parish Coliseum. (Mr. McGlothlin)
REGULAR MEETING
AUGUST 14, 2023
pg. 8
- Motion to authorize the Purchasing Agent to advertise for Request for Proposals for Administrative/Program Manager for the Office of Community Development for the Hometown Revitalization Program and Resilient Communities Infrastructure Program for areas im pacted by Hurricanes Laura, Delta, Ida and May 2021 Severe Storms. (Mr. Bishop)
- Motion to authorize the Purchasing Agent to advertise for Request for Qualifications for Engineering Services for the Office of Community Development for the Hometown Revitalization Program and Resilient Communities Infrastructure Program for areas impacted by Hurricanes Laura, Delta, Ida and May 2021 Severe Storms. (Mr. Bishop)
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
Minutes minutes
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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, August 14 , 2023, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Joseph “Joe” Bishop, President, Sean McGlothlin, Vice President and Police Jurors: Davron “Bubba” Moreau, Craig Smith, Theodore Fountaine, III, Rusty Wilder, Oliver “Ollie” Overton, Jr., David Johnson and Jay Scott.
Absent: None
Also present were: Ms. Theresa Pacholik, Secretary/Treasurer; Mr. Cory Ashmore, Public Works Director; Ms. Betty Joe Bourgeois , Sales & Use Tax Administrator; Mr. Shane Trapp, Building Superintendent; Ms. Angie Branton, 911 & OEP Director ; Ms. Sharon Neal, OEWD/WOD Director; Chief Joe Glorioso, Fire Chief – FD No. 2; Ms. Linda Sanders, Civil Service Director; Marla West, Purchasing Agent; Ms. Celise Reech -Harper; and Mr. Greg Jones, Legal Counsel.
The invocation was given by Mr. Craig Smith.
The Pledge of Allegiance was led by Mr. Jay Scott.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened a s the governing authority of said Parish by Hon. Joe Bishop, President, who welcomed all present and then stated that the Police Jury was ready for the fir st item of business.
President Joe Bishop asked if there were any public comments on any agenda items, to which there was no response.
President Joe Bishop asked if there were any juror comments, to which there was no response.
On motion by Mr. Sean McGlothlin, seconded by Mr. Rusty Wilder to waive the thirty (30) day announcement rule and appoint Mr. Steven Mansour to the England Economic and Industrial Development Board for a four (4) year term. Term will expire September 9, 2027. On vote the motion carried. Mr. Craig Smith voted nay.
On motion by Mr. Jay Scott, seconded by Mr. Ollie Overton to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on July 17, 2023 and Special Session on July 31, 2023, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Rusty Wilder that approved bills be paid. On vote the motion carried.
REGULAR MEETING
AUGUST 14, 2023
On motion by Mr. Jay Scott, seconded by Mr. Theodore Fountaine, III, the following notice was presented and unanimously adopted:
NOTICE OF ACTION
On vote the motion carried unanimously.
On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder to authorize the Rapides Parish Police Jury to execute an Engineering Agreement with Pan American Engineers, LLC. for engineering services related to Downs Lane Culvert Replacement and authorize Pan American Engineers, LLC. to advertise and receive bids for the same. The estimated construction cost of the project is $420,000. Project to be paid from Road District 36, District E funds. On vote the motion carried.
On m otion by Mr. David Johnson, seconded by Mr. Ollie Overton to authorize Pan American Engineers, LLC. to advertise and receive bids for t he Tiger Lake Road Lane Widening project. The estimated construction cost of the project is $585,000. Project is to be paid from Police Jury District H – Road District 2C funds. On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Jay Scott to accept the donation of twenty -five (25) Speed Limit Signs from the City of Alexandria and authorize the President to sign necessary paperwork. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Dav id Johnson to enter into a Professional Se rvice Agreement with Pan American Engineers, LLC., for Overall Road Improvements Program 2023, and authorize the President to sign said agreement and all necessary documents. On vote the motion carried.
On m otion by Mr. Craig Smith, seconded by Mr. Ollie Overton to accept Task Order B-3-2022 – Concrete Panel Repairs in the Fairway East Subdivision as “Substantially Complete”, and authorize the Parish President to sign and record the “Task Order Certificate of Acce ptance”, and authorize the Parish President to sign a Final Recap Task Order Change Order adjusting the final contract quantities and time period as necessary, as recommended by the Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.
On motion by Mr. Rusty Wilder, seconded by Mr. David Johnson to accept the “Asphalt Roadway Improvements on Clifton Road” as “Substantially Complete”, and authorize the Parish President to sign and record the “Substantial REGULAR MEETING AUGUST 14, 2023
Completion” certificate, and au thorize the Parish President to sign a Final Recap Change Order adjusting the final contract quantities and time period as nece ssary, as recommended by the Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Bubba Moreau to authorize the Parish President to request assistance from NRCS to complete an assessment of the following bayous, dams, and other associated irrigation components; Bayou Rapides and Bayou Boeuf. On vote the motion carried.
On motion by Mr. Sean McGlothin, seconded by Mr. Theodore Fountaine, III, to authorize the Rapides Parish Police Jury to enter into an agreement with T.L. Construction of Alexandria, Louisiana for the Butte LaRose Road Reconstruction project at a cost of $166,965.00 and authorize the Parish President to sign the necessary documents as recommended by Parish Engineer, Pan American Engineers, LLC. Project to be paid using $60,000 from Road and Bridge Fund and the balance paid using District G, Road District 1B funds. Discussion ensued.
Mr. Ollie Overton stated he would be in agreement with the work being partially funded by the Road and Bridge Fund if Mr. McGlothlin would reimburse the Road and Bridge Fund from Road District 1B -District G Funds in January 2024. Mr. Smith stated that Mr. McGlothlin may want to discuss receiving additional quotes for the work with Pan American Engineers (PAE). Mr. Wesley Miller with PAE stated there has been no response received for additional quotes.
On amended motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin to authorize the Rapides Parish Police Jury to enter into an agreement with T.L. Construction of Alexandria, Louisiana for the Butte LaRose Road Reconstruction project at a cost of $166,965.00 and authorize the Parish President to sign the necessary documents as recommended by Parish Engineer, Pan American Engineers, LLC. Project to be paid using $60,000 from Road and Bridge Fund and the balance paid us ing District G, Road District 1B funds. Road District 1B, District G will reimburse Road and Bridge Fund in January 2024. On vote the amended motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Jay Scott to enter into a contract with Durable Piling Restoration for repairs to Libuse Cutoff Road Bridge, for the amount of $23,070.00, to be paid from Public Works Fund. Repairs were identified in the last bridge inspection. On vote the motion carried.
On m otion by Mr. David Johnson, seconded by Mr. Bubba Moreau to authorize Ms. Lana Davis, at 25 G. Davis Road, Glenmora, LA 71433, as a Hardship Case. (Proper certification has been submitted) . On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. David Johnson to approve the AJC Certification Matrix Scoring Criteria approved by the Workforce Investment Council and to be submitted to Louisiana Workforce Commission for approval and evaluation. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Jay Scott to extend REGULAR MEETING AUGUST 14, 2023
employment for one (1) temporary employee for the position of Office Administrator and one (1) temporary employee for the position of Case Manager until September 30, 2023, due to shortage of WIOA staff. Funding for this position will be paid out of WIOA funds. Authorize the Treasurer to amend budget as necessary. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. David John son to amend job position title of temporary employee DDWG Office Administrator to Office Administrator/Service Navigator. Funding for this position will be paid from WIOA and Y.E.S. grant. Authorize the Treasurer to amend budget as necessary. On vote the motion carried.
On motion by Mr. Rusty Wilder, seconded by Mr. Jay Scott to permanently relocate Precinct S11 from the Calvary Baptist Church, located at 3815 Highway 121, Boyce, LA 71409, to the Oak Hill Volunteer Fire Department, Station No. 5, located at 3569 Highway 121, Boyce, LA 71409. A copy of this resolution to be sent to Secretary of State, Elections Division, Clerk of Court and Registrar of Voters. Discussion ensued.
Mr. Sean McGlothin instructed Mr. Cory Ashmore, Public Works Director, to make sure he has an employee on site at the old polling location to direct them to the new polling location.
On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Jay Scott to name the Secretary/Treasurer and Chief Accountant as Ethics designees for the Rapides Parish Police Jury as required by LA R.S. 42:1170(C) . On vote the motion carried.
On m otion by Mr. David Johnson, seconded by Mr. Bubba Moreau to receive the required report from Acadian Ambulance under the Contract for June, 2023:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 470 80% 90.21% Pineville - 8 minute 137 80% 85.40% Rapides - 12 minute 172 80% 88.37% Rapides - 20 minute 204 80% 86.76% On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Jay Scott to grant a new electric line right-of-way to CLECO Power, LLC, for an electrical service line for the New Fire Station for Fire District No. 9 – Echo/Poland and authorize the President to sign necessary paperwork. On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Bubba Moreau that due to extremely dry conditions, a burn ban will be in effect for Rapides Parish, effective August 7, 2023 and remain in effect until further notice. Discussion ensued. REGULAR MEETING AUGUST 14, 2023
Mr. McGlothlin asked if the Police Jury office should send out a second Press Release about the burn ban. He stated the public is still burning and it could present a problem. Mr. Bishop stated we notified the media and the local fire departments after the motion passed on August 7, 2023. He stated if someone sees a fire burning to please report it to the proper authorities.
On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Sean McGlothlin, the following item(s) were placed on the Jury meeting afte r the agenda was posted and are now being added in compliance with the Public Meetings Law and are confirmed as having been added to the agenda by unanimous vote:
YEAS: Oliver “Ollie” Overton, Craig Smith, Rusty Wilder, David Johnson, Theodore Fountaine, III, Jay Scott, Davron “Bubba” Moreau, Sean McGlothlin and Joe Bishop. NAYS: none ABSTAINED: none ABSENT: none On roll call vote the motion carried 9-0.
On m otion by Mr. Jay Scott, seconded by Mr. Bubba Moreau to grant approval to Olde Town at Red River Subdivision -Phase II, located off Bayou Rapides Road, as recommended by the Rapides Area Planning Commission . On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Jay Scott to accept “Bid No. 3068 – Sales and Tax Use Building Roof Replacement and Repairs ” as “Substantially Complete”, and authorize the Parish President to sign and record the “Substantial Completion” certificate, and authorize the Parish President to sign any other necessary documents, as recommended by the Ballard CLC, Inc. and Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.
The following resolution was offered by Mr. Jay Scott and seconded by Mr. Bubba Moreau: RESOLUTION
A resolution ordering and calling a special election to be held in the Parish of Rapides, State of Louisiana, to authorize the levy of a special tax therein; making application to the State Bond Commission and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority o f the Parish of Rapides, State of Louisiana (the "Parish"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by the Constitution of the State of Louisiana of 1974, including Article VI, Section 26 thereof, the applicable provisions of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the Parish on REGULAR MEETING AUGUST 14, 2023
SATURDAY, NOVEMBER 18, 2023 , between the hours of seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to - wit: PROPOSITION (IN- LIEU MILLAGE)
Shall the Parish of Rapides, State of Louisiana (the "Parish"), levy a 3.89 mills tax on all property subject to taxation in the Parish (an estimated $4,100,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for a period of 20 years, beginning with the year 2024 and ending with the year 2043, for the purpose of constructing, improving, maintaining, and operating the Juvenile Community Correction Center, Juvenile Detention Center, Juvenile Home Care and Juvenile Shelter Care Center known as "Renaissance" in and for the Parish, including the construction of a new Juvenile Detention Center to detain and house juveniles charged with felony crimes in Rapides Parish, said tax to be in lieu of and replace an ad valorem tax of 2.06 mills authorized to be levied in the Parish through the year 2024 at an election held in the Parish on May 3, 2014?
SECTION 2. Publication of Notice of Election . A Notice of Special Election shall be published in the official journal of the Parish once a week for four consecutive weeks, with the first publication to be made not less than forty -five
- (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
Notwithstanding the foregoing, prior to the publication of the Notice of Election, the President is authorized and directed to make any amendments to the foregoing proposition that may be require d to comply with any state or federal regulatory agencies.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the Police Jury Room of the Rapides Parish Courth ouse, 701 Murray Street, 2nd Floor, Alexandria, Louisiana, on MONDAY, DECEMBER 11, 2023, at THREE O'CLOCK (3:00) P.M. , and shall then and there in open and public session proceed to examine and canvass the returns and declare t he result of the said special election.
SECTION 4. Polling Places. The polling places for the precincts in the Parish are hereby designated as the polling places at which to hold t he said election, and the Commissioners -in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines . The officers designated to serve as Commissioners -in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in REGULAR MEETING AUGUST 14, 2023
accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held as provided in Section 3 hereof. All registered voters in the Parish will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers . The Secretary -Treasurer of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the President and/or Secretary -Treasurer of the Governing Authority are furth er authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election.
SECTION 7. Furnishing Election Call to Election Officials . Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Rapides Parish and the Registrar of Voters of Rapides Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to continue to levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Oliver “Ollie” Overton, Craig Smith, Rusty Wilder, David Johnson, Theodore Fountaine, III, Jay Scott, Davron “Bubba” Moreau, Sean McGlothlin and Joe Bishop. NAYS: none ABSTAINED: none A BSENT: none
And the resolution was declared adopted on this, the 14th day of August, 2023.
/s/ Theresa Pacholik /s/Joseph “Joe” Bishop Secretary-Treasurer President
REGULAR MEETING
AUGUST 14, 2023
Shall the Parish of Rapides, State of Louisiana (the "Parish"), levy a 3.89 mills tax on all property subject to taxation in the Parish (an estimated $4,100,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for a period of 20 years, beginning with the year 2024 and ending with the year 2043, for the purpose of constructing, improving, maintaining, and operating the Juvenile Community Correction Center, Juvenile Detention Center, Juvenile Home Care and Juvenile Shelter Care Center known as "Renaissance" in and for the Parish, including the construction of a new Juvenile Detention Center to detain and house juveniles charged with felony crimes in Rapides Parish, said tax to be in lieu of and replace an ad valorem tax of 2.06 mills authorized to be levied in the Parish through the year 2024 at an election held in the Parish on May 3, 2014?
Said special election will be held at each and every polling place in the Parish of Rapides, which polls will open at seven o'clock (7:00) a.m. and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541.
The polling places at the precincts in the Parish are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
The estimated cost of this election as determined by the Secretary of State based upon the provisions of Chapter 8 -A of Title 18 and actual costs of similar elections is $37,300.
Notice is further given that a portion of the monies collected from the tax described in the Proposition shall be remitted to certain state and statewide retirement systems in the manner required by law.
The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6 -A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in REGULAR MEETING AUGUST 14, 2023
accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN tha t the Governing Authority will meet at its regular meeting place, the Police Jury Room of the Rapides Parish Courthouse, 701 Murray Street, 2 nd Floor, Alexandria, Louisiana, on MONDAY, DECEMBER 11, 2023 , at THREE O'CLOCK (3:00) P.M. , and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the Parish are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 14th day of August, 2023.
The following resolution was offered by Mr. Craig Smith and seconded by Mr. Ollie Overton: RESOLUTION A resolution authorizing the incurring of debt and issuance of Two Million Seven Hundred Thousand Dollars ($2,700,000) of Sales Tax Bonds, Series 2023, of Road District No. 2B (Ward 11) Sales Tax District of the Parish of Rapides, State of Louisiana ; and providing for other matters in connection therewith.
WHEREAS, Road District No. 2B (Ward 11) Sales Tax District of the Parish of Rapides, State of Louisiana (the "Issuer"), is now levying and collecting a one percent (1%) sales and use tax (the "Tax") by virtue of an ordinance adopted by the Issuer on December 13, 2021 (the "Tax Ordinance"), under the authority of an election held by the Issuer on December 11, 2021; and
WHEREAS, pursuant to the authority of the aforesaid election and the Tax Ordinance, the Issuer is now levying and collecting the Tax; and
WHEREAS, in accordance with the provisions of the Tax Ordinance, the net avails or proceeds of the Tax, after the reasonable and necessary expenses of collection and administration thereof have been paid therefrom, shall be available for appropriation and expenditure by the Issuer solely for the purposes designated in the proposition authorizing the levy of the Tax, which includes the payment of bonds authorized to be issued in accordance with Louisiana law; and
WHEREAS, the Issuer now desires to incur debt and issue Two Million Seven Hundred Thousand Dollars ($2,700,000) of Sales Tax Bonds, Series 2023 (the "Bonds"), in the manner authorized and provided by Part II of Chapter 4 of Subtitle II of Title 39 of the Louisian a Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the "Act"), for the purpose of (i) constructing and improving public roads, highways, bridges and related drainag e facilities in the Issuer and (ii) paying the costs of issuance of the Bonds; and
WHEREAS, the Bonds will be payable as to principal and interest solely from the proceeds of the Tax as set forth herein; and
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WHEREAS, other than the Bonds herein authorized, the Issuer presently has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the revenues of the Tax herein pledged; and
WHEREAS, the maturities of the hereinafter described Bonds have been arranged so that the total amount of principal and interest falling due in any year on the Bonds will never exceed 75% of the revenues of the Tax estimated to be received by the Issuer in the year in which the Bonds are issued; and
WHEREAS, it is the desire of the Issuer to fix the details necessary with respect to the is suance of the Bonds and to provide for the authorization and issuance thereof;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Issuer, that:
Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Act" means, collectively, Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other app licable constitutional and statutory authority.
"Additional Parity Bonds" means any pari passu additional obligations hereafter issued by the Issuer on a parity with the Bonds with respect to the Tax, all as provided herein.
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution, if required.
"Bond" or "Bonds" means any or all of the Sales Tax Bonds, Series 2023 of the Issuer, issued pursuant to this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued Bond.
"Bond Register" means the records kept by the Paying Agent in which registration and transfers of the Bonds shall be made as provided herein.
"Code" means the Internal Revenue Code of 1986, as amended.
"Executive Officers" means, collectively, the President and Secretary/Treasurer of the Governing Authority.
"Fiscal Year" means the Issuer's one -year accounting period determined from time to time by the Governing Authority as the fiscal year of the Issuer, currently being the year ending each December 31st.
"Governing Authority" means the Police Jury of the Parish of Rapid es, State of Louisiana.
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"Interest Payment Date" means March 1 and September 1 of each year in which the Bonds are Outstanding, commencing March 1, 2024.
"Issuer" means Road District No. 2B (Ward 11) Sales Ta x District of the Parish of Rapides, State of Louisiana.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
- Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
- Bonds for which payment sufficient funds have been theretofore paid to or deposited in trust for the owners of such Bonds;
- Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution; and
- Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Argent Trust Company, in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution, and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means JPMorgan Chase Bank, NA, in San Antonio, Texas, for Bond R -1 ($2,200,000) and the Louisiana Public Facilities Authority, Baton Rouge, Louisiana, for Bond R-2 ($500,000).
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
"Revenues of the Tax" means the avails or proceeds of the Tax.
"Tax" means the one percent (1%) sales and use tax authorized pursuant to an election held in the Issuer on December 11, 2021.
"Tax Ordinance" means the ordinance adopted by the Governing Authority on December 13, 2021, providing for the levy and collection of the Tax. REGULAR MEETING AUGUST 14, 2023
Authorization of Bonds; Maturities. In compliance with the terms and provisions of the Act, and subject to the approval of the State Bond Commission, there is hereby authorized the incurring of an indebtedness of Two Million Seven Hundred Thousand Dollars ($2,700,000) for, on behalf of, and in the name of the Issuer, for the purpose of (i) constructing and improving public roads, highways, bridges and related drainage facilities in the Issuer and (ii) paying the costs of issuance of the Bonds, a nd to represent said indebtedness, this Governing Authority does hereby authorize the issuance of Two Million Seven Hundred Thousand Dollars ($2,700,000) of Sales Tax Bonds, Series 2023, of the Issuer.
The Bonds shall be issued in the form of two, fully r egistered term bonds numbered R-1 and R-2 and shall be dated the date of delivery thereof. The unpaid principal of the Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable semiannually on March 1 and September 1 of each year, commencing March 1, 2024, calculated on the basis of a 360 -day year consisting of twelve 30 - day months.
Bond R-1 shall bear interest at the rate of 4.28% per annum, shall be in the denomination of $2,200,000, and shall mature in installments on September 1 of each year as follows: Year (September 1) Principal Amount 2024 $175,000 2025 183,000 2026 193,000 2027 202,000 2028 213,000 2029 224,000 2030 234,000 2031 246,000 2032 259,000 2033* 271,000 *Final Maturity
Bond R-2 shall bear interest at the rate of 2.14% per annum, shall be in the denomination of $500,000, and shall mature in installments on September 1 of each year as follows: Year (September 1) Principal Amount 2024 $52,000 2025 52,000 2026 51,000 2027 52,000 2028 50,000 2029 49,000 2030 50,000 REGULAR MEETING AUGUST 14, 2023
2031 49,000 2032 47,000 2033* 48,000 *Final Maturity
The installments of principal of the Bonds, as they fall due, and interest on the Bonds shall be payable by check of the Paying Agent or the Issuer mailed to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Regist er or, in the discretion of the Paying Agent, by wire from the Paying Agent or the Issuer delivered to the Owner (dete rmined as of the close of business on the Record Date) in accordance with wiring instructions provided by the Owner, provided, however, th at principal of the Bonds at final maturity or upon earlier prepayment in full shall be payable at the designated office of the Paying Agent upon presentation and surrender thereof. Each Bond deliv ered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
Prepayment Provisions. The Bonds shall not be callable for prepayment prior to final maturity.
Registration and Transfer. The Issuer shall cause the Bond Register to be kept by the Paying Agent. 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 Bond. A new Bond will be delivered by the Paying Agent to the last assi gnee (the new Owner) in exchange for such transferred and assigned Bond after receipt of the Bond to be transferred in proper form. Such new Bond shall be in proper denomination. The Paying Agent shall not be required to issue, register, transfer or exchange any Bond during a period beginning (i) at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date or (ii) with respect to Bonds to be prepaid, at the opening of business fifteen (15) days before the date of the mailing of a notice of prepayment of such Bonds and ending on the date of such prepayment.
Form of Bonds. The Bonds and the endorsements to appear thereon shall be in the form acceptable to the Executive Officers, upon advice of bond counsel, and the Purchasers.
Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.
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Pledge of Sales Tax Revenues. The Bonds shall be secured by and payable in principal and interest solely from the Revenues of the Tax, subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax. The Revenues of the Tax are hereby irrevocably and irrepealably pledged and dedicated in an amount sufficient for the payment of the Bonds, in principal and interest, as they shall respectively become due and payable, and for the other purposes hereinafter set forth in this Resolution. In compliance with the Tax Ordinance, all of the Revenues of the Tax shall be set aside as herein provided and shall be and remain pledged for the security and payment of the Bonds in principal and interest and for all other payments provided for in this Resolution until the Bonds shall have been fully paid and discharged.
Additional Parity Bonds. The Issuer shall issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien on the proceeds of the Tax having priority over or parity with the Bonds, except that Additional Parity Bonds may hereafter be issued on a parity with the Bonds under the following conditions:
- (a) The Bonds herein authorized, or any part thereof, including the interest thereon, may be refunded and the refunding Bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not refunded, if there be any, and the refunding Bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Bonds refunded; provided, however, that if only a portion of the Bonds Outstanding is so refund ed and the refunding Bonds require total principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the Bonds refunded thereby, then such Bonds may not be refunded without the consent of the Owner of the unrefunded portion of the Bonds issued hereunder (provided such consent shall not be required if such refunding Bonds meet the requirements set forth in clause (b) of this Section).
- (b) Additional Parity Bonds may be issued on and enjoy a full and complete parity with the Bonds with respect to the Tax, provided that the highest amount of the combined principal and interest requirements for any future year on the Bonds and the said Additional Parity Bonds doe s not exceed 75% of the revenues estimated to be realized by the Issuer from the levy of the Tax in the year in which such Additional Parity Bonds are issued.
As a condition to the issuance of Additional Parity Bonds pursuant to this Section 8, the Issuer must be in full compliance with all covenants and undertakings in connection with the Bonds and there must be no delinquencies in payments required to be made in connection therewith.
Junior and subordinate bonds may be issued without restriction.
Flow of Funds. In compliance with the Tax Ordinance, all of the Revenues of the Tax shall continue to be deposited as the same may be collected in a separate and special fund maintained with the regularly designated fiscal agent of the I ssuer and designated as the "Road District 2B Sales Tax Fund" (hereinafter called the "Sales Tax Fund"). The Sales Tax Fund constitutes a dedicated fund of the Issuer, from which appropriations and expenditures by the Issuer shall be made solely for REGULAR MEETING AUGUST 14, 2023
the purposes designated in the proposition authorizing the levy of the Tax, including the payment of the Bonds.
Out of the funds on deposit in the Sales Tax Fund, the Issuer shall first pay all reasonable and necessary expenses of collection and administration of the Tax. After payment of such expenses, the remaining balance of the proceeds of the Tax shall be used in the following order of priority and for the following express purposes:
- (a) The establishment and maintenance of the "Sales Tax Bond Sinking Fund -2023" (hereinafter called the "Sinking Fund"), sufficient in amount to pay promptly and fully the principal of and the interest on the Bonds, including any Additional Parity Bonds issued hereafter in the manner provided by this Resolution, as they severally become due and payable, by transferring from the Sales Tax Fund to the regularly designated fiscal age nt of the Issuer, monthly in advance on or before the 20th day of each month of each year, a sum e qual to onesixth (1/6) of the interest falling due on the next Interest Payment Date and one - twelfth (1/12) of the principal falling due on the next principa l payment date, together with such additional proportionate sum as may be required to pay said principal and interest as the same respectively become due. Said fiscal agent shall transfer from the Sinking Fund to the paying agent bank or banks for all bon ds payable from the Sinking Fund, at least one (1) day in advance of the date on which payment of principal or interest falls due, funds fully sufficient to pay promptly the principal and interest so falling due on such date.
All or any part of the monies in the Sales Tax Fund or the Sinking Fund shall at the written request of the Governing Authority be invested in the manner provided by Louisiana law in obligations maturing in five (5) years or less, in which event all income derived from such investment s shall be added to the Sales Tax Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sales Tax Fund has been created.
All moneys remaining in the Sales Tax Fu nd on the 20 th day of each month in excess of (i) all reasonable and necessary expenses of collection and administration of the Tax, and (ii) after making the required payments into the Sinking Fund for the current month and for prior months during which the required payments may not have been made, shall be considered as surplus. Such surplus may be used by the Issuer for any of the purposes for which the Tax is authorized or for the purpose of retiring Bonds in advance of their maturities, either by purchase of Bonds then outstanding at prices not greater than the then redemption prices of said Bonds, or by redeeming such Bonds at the prices and in the manner set forth in this Resolution.
The Sales Tax Fund and the Sinking Fund provided for in this Section shall all be and constitute trust funds for the purposes provided in this Resolution, and the Owners of Bonds issued pursuant to this Resolution are granted a lien on all such funds until applied in the manner provided herein. The moneys in such funds shall at all times be secured to the full extent thereof by the bank or trust company holding such funds in the manner required by the laws of the State of Louisiana.
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Issuer Obligated to Continue to Collect Tax. The Issuer recognizes that the Governing Authority is bound under the terms and provisions of law, to levy, impose, enforce and collect the Tax and to provide for all reasonable and necessary rules, regulations, procedures and penalties in connection therewith, including the proper application of the proceeds of the Tax, until all of the Bonds have been retired as to both principal and interest. Nothing herein contained shall be construed to prevent the Issuer from altering, amending or repealing from time to time as may be necessary the ordinanc e adopted providing for the levying, imposition, enforcement and collection of the Tax or any subsequent ordinance providing therefor, said alterations, amendments or repeals to be conditioned upon the continued preservation of the rights of the Owners with respect to the Revenues of the Tax. The ordinance imposing the Tax and pursuant to which the Tax is being levied, collected and allocated, and the obligation to continue to levy, collect and allocate the Tax and to apply the revenues therefrom in accord ance with the provisions of this Resolution, shall be irrevocable until the Bonds have been paid in full as to both principal and interest, and shall not be subject to amendment in any manner which would impair the rights of the Owners from time to time of the Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon. More specifically the Issuer may not discontinue or decrease the Tax or permit to be discontinued or decreased the Tax in anticipation of the col lection of which the Bonds have been issued, or in any way make any change in such Tax which would diminish the amount of the Revenues of the Tax to be received by the Issuer, until all of such Bonds shall have been retired as to both principal and interest.
Covenants of the Issuer. In providing for the issuance of the Bonds, the Issuer does hereby covenant that it has a legal right to levy and collect the Tax, to issue the Bonds and to pledge the Revenues of the Tax as herein provided, and that the Bonds will have a lien and privilege on the Revenues of the Tax as herein provided.
Issuer to Maintain Books and Records. So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other recor ds and accounts in which shall be made full and correct entries of all transactions rela ting to the collection and expenditure of the Revenues of the Tax, including specifically but without limitation, all reasonable and necessary costs and expenses of collection. Not later than six (6) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State of Louisiana (or his successor) or by a recogn ized independent firm of certified public accountants showing the receipts of an d disbursements made for the account of the aforesaid Sales Tax Fund. Such audit shall be available for inspection upon request by the Owners of any of the Bonds. The Issuer further agrees that the Paying Agent and the Owners of any of the Bonds shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Tax.
Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as REGULAR MEETING AUGUST 14, 2023
hereinafter provided. The proceeds derived from the sale of the Bonds shall be used only for the purpose for which the Bonds are issued.
Bonds Legal Obligations. The Bonds shall constitute valid and binding obligations of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the Owner or Owners from time to time of the Bonds, and any such Owner or Owners may at law or in equity, by suit, actio n, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two -thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity provisions of the Bonds or the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the revenues app ropriated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of the Owners of the Bonds.
Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacte d after the date of this Resolution whic h validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of Louisiana."
Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary. REGULAR MEETING AUGUST 14, 2023
Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly p rovided) if in writing and delivered via accepted means of electronic communication or mailed, first -class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
Cancellation of Bonds. All Bonds surrendered for payment, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled 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 promp tly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
Bonds Mutilated, Destroyed, Stolen or Lost. If (1) 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 (2) there is delivered to the Issuer and the Paying Agent such security or indemnity a s may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution. Any additional procedures set forth in the Agreement authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all ot her rights and remedies REGULAR MEETING AUGUST 14, 2023
with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners of all of the Outstanding Bonds, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the m oney, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwis e) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they are defeased in the manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
Successor Paying Agent; Paying Agent Agreement, if requ ired. 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 i nitial Paying Agent in this 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 or Resolution giving not ice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Any successor 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. If re quired, the Executive Officers are hereby authorized and directed to execute a n 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 grante d hereunder.
Disclosure Under SEC Rule 15c2 -12. The Issuer will not be required to comply with the continuing disclosure requirements described in Rule 15c2 -12 of the Securities and Exchange Commission [17 CFR 240.15c2-12].
Arbitrage. The Issuer covenants and agrees that, to the extent pe rmitted by the laws of the State of Louisiana, it will comply with the requirements of the Code in order to establish, maintain and preserve the exclusion from "gross income " of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any m anner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with th e limitation on REGULAR MEETING AUGUST 14, 2023
investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
The Execu tive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
Designation as "Qualified Tax -Exempt Obligation ". The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3)(B) of the Code. In making this designation, the Issuer finds and determines that:
- (a) the Bonds are not "private activity bonds" within the meanin g of the Code; and
- (b) the reasonably anticipated amount of qualified tax -exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2023 does not exceed $10,000,000.
Award of Bonds. The Issuer hereby accepts the offers of the Purchasers, which offers are attached as Exhibit A -1 and A-2 hereto, and any Executive Officer is hereby authorized to execute said offers on behalf of the Issuer. As a condition to the delivery of the Bonds to the Purchasers, the Purchasers will execute a standard letter, acceptable to them and the Issuer, indica ting they have conducted their own analysis with respect to the Bonds and are extending credit in the form of the Bonds as a vehicle for making a commercial loan to the Issuer.
Publication. A copy of this Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer . It shall not be necessary to publish the exhibits to this Resolution, but such exhibits shall be made available for public inspection at the offices of the Governing Au thority at reasonable times and such fact must be stated in the publication within the official journal.
Post-Issuance Compliance. The Executive Officers and/or their designees are directed to establish, continue, and/or amend, as applicable, wri tten 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.
Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
Effective Date. This Resolution shall become effective immediately.
This Resolution having been submitted to a vote, the vote thereon was as follows: REGULAR MEETING AUGUST 14, 2023
YEAS: Bubba Moreau, Craig Smith, Theodore Fountaine, Rusty Wilder, Ollie Overton, Sean McGlothlin, Jay Scott, and Joe Bishop NAYS: None ABSENT: None ABSTAINING: None
And the Resolution was declared adopted on this the 14th day of August, 2023. /s/ Theresa Pacholik /s/ Joseph "Joe" Bishop Secretary/Treasurer President
On motion by Mr. David Johnson, seconded by Mr. Craig Smith to award road improvement project for leveling and asphalt overlay to Gordon Blacktopping, for the amount of $142,000.00, for Hickory Grove Road and Hickory Grove Loop. Project to be funded by Road District 2B -1, District C funds. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Rusty Wilder to delete from the Rapides Parish Coliseum Asset/Inventory Program the equipment listed below as this item is no longer suitable for public use: Asset Number Description Disposal 11718 Basketball Floor Replaced On vote the motion carried.
On m otion by Mr. Bubba Moreau, seconded by Mr. David Johnson to authorize the Rapides Parish Police Jury to enter into an agreement with Descant Excavating & Construction Services, LLC for the Concrete Pa vement Improvements on Maid Marien Drive project at a cost of $38,500.00 and author ize the Parish President to sign the necessary documents as recommended by Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.
On mo tion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin to authorize the President to execute FY 2024 -2028 Capital Improvement Plan and associated Overall Development Objectives and Financial Plans for the Esler Regional Airport, as recommended by the Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Jay Scott of Intent to Sell for the following Abandoned/Adjudicated Property Tax Debtor Description Angelique (Stewart) Nelson Lot Six (6), Square Four (4), Green Oak Subdivision Bearing the municipal address of: Parcel ID# 2400303650004101 Assessment# 501014700 REGULAR MEETING AUGUST 14, 2023
On vote the motion carried.
On m otion by Mr. David Johnson, seconded by Mr. Bubba Moreau t o discuss & take action on the revocation of Bill Mac Road & Milburn Strother Road. Discussion ensued.
Mr. Greg Jones, Legal Counsel, stated that letters were sent property owners on Bill Mac Road and Milburn Strother Road, Allen Parish Police Jury and Vernon Parish Police Jury. We received an email from both Allen and Vernon Parish Police Jury and both parishes did not have any objection to the revocation. One property owner contacted the Rapides Area Planning Commission and stated he was in favor of the revocation. Mr. David Johnson stated that once the gates were placed on both roads, he wants a work order created for the Rapides Parish Public Works Department to install “Dead End” signs on the road.
On motion by Mr. David Johnson, seconded by Mr. Bubba Moreau to approve the revocation of Bill Mac Road and Milburn Strother Road. O n vote the motion carried.
On m otion by Mr. Rusty Wilder, seconded by Mr. Craig Smith to acknowledge and commence work on shoulder areas of roadway, including wash away and excavated area, repairs, filled and graded, roadway grading and contour repairs to control excessive erosion on shoulder areas of Ussery Road and plant pine seedlings/saplings to pr event/control roadway and shoulder erosion. Originally approved by the Police Jury August 12, 2019 and June 13, 2022 . On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Bubba Moreau to reschedule the regular schedule d Committee Meeting from Tuesday, September 5, 2023 to Monday, September 11, 2023 and reschedule the regular scheduled Jury Meeting from Monday, September 11, 2023 to Monday, September 18, 2023. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Jay Scott to authorize the Rapides Parish Police Jury to execute an Engineering Services Agree ment with Pan American Engineers, LLC. for services related to the Esler Regional Airport Drainage Rehabilitation (Work Area 3) project and authorize Pan American Engineers, LLC. to advertise and receive bids for the same. The estimated construction cost of the project is $1,961,000. Project to be paid by the Fe deral Aviation Administration (FAA) and the Department of Transportation and Development (DOTD). On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. Bubba Moreau to award road improvement project for leveling and asphalt overlay to Gordon Blacktopping, for the amount of $133,906.00, for the following roads: Newsome Road, Fletcher Road, Brannon Road and Smetak Road. Project to be funded by Road District 2B-2, District C funds. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Craig Smith to award road improvement project for Locker Road, for the amount of $ 194,600.00 to ACM Contracting. Project to be funded by Road District 2B -C, District C funds. REGULAR MEETING AUGUST 14, 2023
On vote the motion carried.
On m otion by Mr. Sean McGlothlin, seconded by Mr. Rusty Wilder to authorize the Purchasing Agent to advertise for bids to purchase a basketball floor for the Rapides Parish Coliseum. Discussion ensued.
Mr. Sean McGlothlin stated the purchase of the basketball floor replace ment will be purchased with insurance money received from ASM Global . Mr. Ollie Overton said we need make sure the GAEDA logo is placed back on the replacement floor and we need something in writing that the floor belongs to the Rapides Parish Police Jury and is not to be borrowed by anyone.
On vote the motion carried.
On motion by Mr. David Johnson, seconded by Mr. Jay Scott to authorize the Purchasing Agent to advertise for Request f or Proposals for Administrative/Program Manager for the Office of Community Development for the Hometown Revitalization Program and Resilient Communities Infrastructure Program for areas impacted by Hurricanes Laura, Delta, Ida and May 2021 Severe Storms. On vote the motion carried.
On mo tion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton to authorize the Purchasing Agent to advertise for Request for Qualifications for Engineering Services for the Office of Community Development for the Hometown Rev italization Program and Resilient Communities Infrastructure Program for areas impacted by Hurricanes Laura, Delta, Ida and May 2021 Severe Storms. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder to adopt an ordinance to approve updates to the existing Intergovernmental Agreement for legal services for the Rapides Parish Sales Tax Department. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Craig Smith to appoint Ms. Suelynn Mickey to the Rapides Parish Library Board – District B, for a five (5) year term. Term will expire September 1, 2028. Discussion ensued.
On amended motion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton to waive the thirty (30) day announcement rule and to appoint Ms. Suelynn Mickey to the Rapides Parish Library Board – District B, for a five (5) year term. Term will expire September 1, 2028. On vote the amended motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Daivd Johnson to authorize CLEAN to host an event with Southern 3 Cylinder Outlaw Drag Club to hold a Boat Racing Event on Cotile Lake, August 24-27, 2023, boat landing within the park to be closed on August 26 th and 27 th for the event, pending Legal Counsel approval. Discussion ensued.
Mr. Greg Jones, Legal Counsel, stated a Cooperative Endeavor Agreement will need to be executed between the Southern 3 Cylinder Outlaw Drag Club and REGULAR MEETING AUGUST 14, 2023
the Rapides Parish Police Jury. The Outlaw Drag Club will also be required to provided a Certificate of Insurance for General Liability coverage.
On vote the motion carried.
On motion by Mr. Craig Smith, seconded by Mr. David Johnson to enter into an Intergovernmental Agreement between the Rapides Parish Police Jury and the Rapides Parish School Board to cut limbs at Buckeye High School, Hayden R. Lawrence Middle School and Buckeye Elementary School. Discussion ensued.
On amended motion by Mr. Craig Smith, seconded by Mr. Jay Scott to enter into an Intergovernmental Agreement between the Rapides Parish Police Jury and the Rapides Parish School Board to cut limbs at Buckeye High School, Hayden R. Lawrence Middle School and Buckeye Elementary School. Cost of materials, equipment and labor to be paid for by the Rapides Parish School Board. On vote the amended motion carried.
There being no further business, motion by Mr. David Johnson, seconded by Mr. Jay Smith, the meeting was adjourned at 3:28 p.m.
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