Public Meeting
Rapides Parish Police Jury
· 12:00 p.m. announced
Police Jury Room, Parish Courthouse, 701 Murray Street, Alexandria, LA 71301
Meeting documents
Minutes minutes
Open official PDF ↗ 21 pages sha256:1a4ea0b84728…
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, February 10, 2025, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Craig Smith , President and Police Jurors: Davron “Bubba” Moreau, Daniel Lonsberry, Randy Harris, Danny Bordelon, Oliver “Ollie” Overton, Jr., Sean McGlothlin, Parrish Giles and Jay Scott.
Absent: None.
Also present were: Ms. Theresa Pacholik, Secretary/Treasurer; Mr. Shane Trapp, Courthouse Building Superintendent; Ms. Betty Jo Bourgeois, Sales & Use Tax Administrator; Mr. Cory Ashmore , Public Works Director; Ms. Sharon Neal , WOD/OEWD Director; Honorable Monique Rauls; Honorable Greg Beard ; Ms. Karan Corley; Ms. Linda Sanders; Chief Jody Glorioso; Ms. Angie Branton and Mr. Greg Jones, Legal Counsel.
The invocation was given by Mr. Randy Harris.
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.
President Smith stated the within the next thirty (30) days the Payroll Department would be changing to electronic deposits for payroll checks for all employees paid by the Rapides Parish Police Jury. Also, the Jury Office is currently looking into options to have mail delivered via electronic means versus weekly mailouts.
On behalf of the Rapides Parish Police Jury, President Smith recognized Ms. Marla West for her retirement and presented her with a certificate for over thirty (30) years of dedicated service to Rapides Parish.
Mr. Thomas C. David, Jr., candidate for Rapides Parish Clerk of C ourt, introduced himself and asked for the Jurors and those in attendance to consider supporting him in the upcoming election.
On motion by Mr. Ollie Overton, seconded by Mr. Danny Bordelon to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on December 11, 2024, as published in the Official Journal. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Danny Bordelon that approved bills be paid. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Danny Bordelon to approve the Treasurer’s report as presented in the Committee Meeting on January 6, 2025. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Randy Harris to open a Public Hearing to discuss and take action to accept or deny the Industrial Tax Exemption Application: Proctor & Gamble Manufacturing Company Tax Exemption application #20220075-ITE. On vote the motion carried.
Mr. Kevin Hood with Proctor & Gamble Manufacturing Company discussed the plant expansion and thanked the Jury for their continued support.
On motion by Mr. Sean McGlothlin, seconded by Mr. Danny Bordelon to close the Public Hearing. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Jay Scott to adopt the following notice: NOTICE
Rapides Parish Police Jury conducted a public meeting on Industrial Tax Exemption Application No. 20220075-ITE and voted to APPROVE the application of Proctor & Gamble Manufacturing Company.
Thus, signed and unanimously adopted this 10th day of February, 2025.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin to open a Public Hearing to discuss and take action to accept or deny the Industrial Tax Exemption Application: Proctor & Gamble Manufacturing Company Tax Exemption application #20220075-A-ITE. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Bubba Moreau to close the Public Hearing. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Jay Scott to adopt the following notice: NOTICE
Rapides Parish Police Jury conducted a public meeting on Industrial Tax Exemption Application No. 20220075- A-ITE and voted to APPROVE the application of Proctor & Gamble Manufacturing Company.
Thus, signed and unanimously adopted this 10th day of February, 2025.
On motion by Mr. Bubba Moreau, seconded by Mr. Randy Harris to receive the Treasurer’s Report and approve as presented. The report contained budget to actual revenue and expenses for all funds. On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the purchase of a 2024 Chevrolet 2500HD Crew Cab truck, State Contract No. 4400023794, for Town of Glenmora, to be used for Public Works Department, cost not to exceed $60,000.00, to paid from Town’s Portion of Road District 1A funds, as recommended by the Mayor and Town of Glenmora Resolution No. 2025- 001 passed on January 23, 2025. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton to authorize entering into lease agreement for office space on the 4th floor of the Kinetix Building, 900 4th Street, Alexandria, LA, space to be used for relocation of office space during renovations at the Rapides Parish Courthouse and authorize the President to sign any necessary documents. On vote the motion carried.
On motion by Mr. Sean McGlothlin, seconded by Mr. Parrish Giles to authorize the purchase of two (2) Chevrolet Trailblazers from Gerry Lane Chevrolet, State Contract No. 4400023794 for Rapides Parish Fire District No. 2, to be used as Medical/EMS units, cost not to exceed $54,000.00 for both vehicles, to be paid from Fire District No. 2 funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Danny Bordelon to authorize the Treasurer to amend the 2025 budget to reflect actual beginning balances. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton to initiate the condemnation process of the following property and order the Parish Engineer of Record to inspect the properties and provide a report to the Jury: Property Locations: Ward 10, District A
Ward 1, District F
Ward 9, District B
On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the Purchasing Agent to receive price quotes and award to the lowest bidder, for asphalt overlay on Munson Road, cost not to exceed $200,000.00, project to be funded Road District 3A, District H. On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the Purchasing Agent to receive price quotes and award to the lowest bidder, for asphalt overlay on Paul Cemetery Road, cost not to exceed $230,000.00, project to be funded Road District 1A, District H. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Parrish Giles to authorize Change Order No. 1 for Peart Road Widening project, in the amount of $ 16,872.50 to add an item for 6” pavement patching to repair base failures, as recommended by project engineer, Pan American Engineers and authorize the Parish President to sign any necessary documents. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Parrish Giles to authorize the President to 1) sign nomination forms for the Rapides Workforce Development Board (RWDB) for Jeffrey Johnson, with Central Louisiana Technical Community College to fill the previously vacant but required Eligible Provider Administering Adult Education and Literacy Activities Representative Position; Marianne Dore`, previously with Crest Industries moved to DIS -TRAN Steel, LLC; remove Sally Cowan, Previously with CCAC, from the TWDB, and 2) sign a letter addressed to the Louisiana Workforce Commission concerning the appointments and removal of RWDB members.
Members (Additions or Modifications) Initial Term Dates Jeffery Johnson (New Appointment) 02/01/2025-11/01/2027 Marianne Dore` (Modification) 02/01/2025-11/01/2027 Member Removed Sally Cowan Discussion ensued. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Parrish Giles to authorize the Rapides Workforce Development Board (RWDB) to issue a Request for Proposal (RFP) for the One-Stop Operator as required by the Workforce Innovation and Opportunity Act (WIOA) Beginning July 1, 2025, and ending on June 30, 2026, with option to renew for three (3) years, and have Treasurer to amend the budget accordingly. The contract will be allocated through the WIOA Grant Funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Danny Bordelon to authorize the Purchasing Agent to receive quotes and award to the lowest bidder for the purchase of motors for jail doors as recommended by the Courthouse Building Superintendent, cost not to exceed $50,000.00. On vote the motion carried.
On m otion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton to approve minor construction project at the Rapides Parish Sales & Use Tax building to remove the suppression system associated with the hood over the kitchen stove. The existing hood, connected to the suppression system, did not pass Fire Marshal Inspection and offer the suppression system as a trade-in to the contractor as recommended by the Purchasing Agent and the Department Head. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Parrish Giles to accept the resignation of Mr. Cory Van Mol and appoint Mr. Tim Brasseaux to the Rapides Parish Fire District No. 18 Board of Directors to fill the unexpired term, term will expire on January 1, 2026. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Parrish Giles to authorize the Public Works Director to hire up to twelve (12) seasonal workers for the mowing crews and general labor. Work to begin on or about March 31, 2025 and end no later than November 3, 2025 at the rate of $14.00 per hour for crew members and $15.00 per hour for crew leaders, to be paid from the Public Works Salary line item. On vote the motion carried.
On m otion by Mr. Ollie Overton, seconded by Mr. Parrish Giles to receive the required report from Acadian Ambulance under the Contract for December 2024:
Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 517 80% 86.65% Pineville - 8 minute 141 80% 80.85% Rapides - 12 minute 199 80% 86.93% Rapides - 20 minute 183 80% 85.25% On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin to adopt the following resolutions to ratify authorization for the Parish President to issue the following State of Emergency Declaration due to the pending arctic airmass entering Rapides Parish, declaration effective January 19, 2025, at 12:00 p.m. and terminate said declaration on January 26, 2025, at 8:00 am was presented and unanimously adopted: STATE OF EMERGENCY RAPIDES PARISH WHEREAS, the Parish of Rapides is currently faced with an impending emergency due to the impending Winter Arctic Weather; and
WHEREAS, a frigid Ar ctic airmass is predicted and will begin impacting Central Louisiana; and
WHEREAS, the National Weather Service will be issuing Extreme Cold Warnings for Wind, Wind Chill, Hard Freeze and Snow across the Region; and
WHEREAS, dangerous wind chill with an extended period of freezing temperatures are among the potential threats to life and property that are presented by the Arctic Air mass which are predicted to keep the temps below freezing for up to 48 hours ; and
WHEREAS, to timely and effectively meet the dangers presented by the emergency, it is necessary to immediately effectuate measures to detect, prevent, prepare for, respond to or recover from the emergency and generally to preserve the lives and property of the people of Rapides Parish; and
WHEREAS, the potential exists to exhaust local resources as a result of this Arctic airmass for the Citizens of Rapides; and
THEREFORE, I Craig Smith, President of the Rapides Parish Police Jury by authority vested in me by the Parish Charter and the Louisiana Disaster Act of 1993, do hereby proclaim;
A State of Emergency exists within the Parish of Rapides and that all Emergency Preparedness Plans and the Parish All Hazard Emergency Operations Plan be activated, if necessary.
Issued on this 19th day of January, 2025 and effective at time of issuance (12:00 p.m.). TERMINATION OF STATE OF EMERGENCY RAPIDES PARISH
WHEREAS, on January 19, 2025 the Parish of Rapides issued a State of Emergency due to impending Winter Arctic Weather; and
WHEREAS, a frigid Arctic Airmass was predicted and began impacting Central Louisiana; and
WHEREAS, the National Weather Service issued an Extreme Cold Warning for Wind, Wind Chill, Hard Freeze and Snow across the Region; and
WHEREAS, to timely and defectively meet the dangers presented by the emergency, it was necessary to immediately effectuate measures to detect, prevent, prepare for, respond to and recover from the emergency and generally to preserve the lives and property of the people of Rapides Parish on January 19, 2025; and
WHEREAS, when the President determines that the threat of danger has been dealt with to the extent that emergency conditions no longer exist, the State of Emergency may be terminated by executive order or proclamation; and
WHEREAS, there is no longer a need to continue certain specific emergency orders;
NOW THEREFORE, I, Craig Smith, President of the Rapides Parish Police Jury by authority vested in me by the Parish Charter and the Louisiana Disaster Act of 1993, do hereby terminate the Emergency Declaration made January 19, 2025.
Issued on this 26th day of January, 2025 and effective at time of issuance. On motion by Mr. Bubba Moreau, seconded by Mr. Danny Bordelon the following item(s) were placed on the Jury meeting after 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: Daniel Lonsberry, Bubba Moreau, Ollie Overton, Danny Bordelon, Jay Scott, Randy Harris, Parrish Giles, Sean McGlothlin and Craig Smith. NAYS: None ABSENT: None ABSTAINING: None On roll call vote the motion carried 9-0
Motion by Mr. Parrish Giles and seconded by Sean McGlothlin to adopt the following resolution: RESOLUTION A resolution authorizing the incurring of debt and issuance of Seven Hundred Seventy-Five Thousand Dollars ($775,000) of Limited Tax Bonds, Series 2025, of Fire Protection District Number 5 of the Parish of Rapides, State of Louisiana; and providing for other matters in connection therewith.
WHEREAS, pursuant to an election held in Fire Protection District Number 5 of the Parish of Rapides, State of Louisiana (the "Issuer"), on April 30, 2022, the Issuer is authorized to levy a special ad valorem tax of 41.66 mills (such rate being subject to adjustment from time to time due to reassessment) each year through 2033 within the boundaries of the Issuer (the "Tax"); and WHEREAS, the Issuer now desires to incur debt and issue its Limited Tax Bonds, Series 2025, in the principal amount of $775,000 (the "Bonds"), pursuant to Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and o ther constitutional and statutory authority, for the purpose of (i) acquiring, constructing, and improving fire protection and emergency medical service facilities, vehicles and equipment, and (ii) paying the costs of issuance of the Bonds; and
WHEREAS, the Bonds will be payable as to principal and interest from the proceeds of the Tax as set forth herein; and
WHEREAS, the Issuer has no outstanding indebtedness of any kind payable from a pledge or dedication of the proceeds of the Tax; and
WHEREAS, the maximum amount of principal and interest due in any year on the Bonds will not exceed seventy-five percent (75%) of the income estimated to be realized from the Tax in 2025; and
WHEREAS, it is the desire of the Issuer to fix the details necessary with respect to the issuance of the Bonds and to provide for the authorization and issuance thereof;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Issuer, that:
D efinitions. 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 applicable 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 Limited Tax Bonds, Series 2025 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 appropriate Paying Agent at its designated office 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 31 st.
"Governing Authority" means the Police Jury of the Parish of Rapides, State of Louisiana. "Interest Payment Date" means March 1 and September 1 of each year in which the Bonds are Outstanding, commencing September 1, 2025.
"Issuer" means Fire Protection District Number 5 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 Sabine State Bank and Trust Company, in Many, Louisiana, for the Bond purchased by said Bank, and the Secretary- Treasurer for the Bond purchased by the Louisiana Public Facilities Authority, or such successor Paying Agents which may be named by this Governing Authority.
"Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" or "Purchasers" means Sabine State Bank and Trust Company, in Many, Louisiana, for Bond R-1, and the Louisiana Public Facilities Authority, Baton Rouge, Louisiana, for Bond R-2.
"Record Date" for the interest payable on any Interest Payment Date means the 15 th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
"Tax" means the special ad valorem tax of 41.66 mills (such rate being subject to adjustment from time to time due to reassessment) authorized to be levied through 2033 pursuant to an election held in the Issuer on April 30, 2022.
Authorization of Bonds; Maturities. In compliance with the terms and provisions of the Act, there is hereby authorized the incurring of an indebtedness of Seven Hundred Seventy-Five Thousand Dollars ($775 ,000) for, on behalf of, and in the name of the Issuer, for the purpose of (i) acquiring, constructing, and improving fire protection and emergency medical service facilities, vehicles and equipment, and (ii) paying the costs of issuance of the Bonds, and to represent said indebtedness, this Governing Authority does hereby authorize the issuance of Seven Hundred SeventyFive Thousand Dollars ($775,000) of Limited Tax Bonds, Series 2025, of the Issuer.
The Bonds shall be initially issued in the form of two, fully registered 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 eac h year, commencing September 1, 2025, 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 4.500% per annum, shall be in the denomination of $581,250, and shall mature in installments on March 1 of each year as follows: Year (March 1) Principal Amount 2026 $11,250 2027 61,000 2028 63,000 2029 66,000 2030 69,000 2031 73,000 2032 76,000 2033 79,000 2034* 83,000 *Final Maturity
Bond R -2 shall bear interest at the rate of 2.250% per annum, shall be in the denomination of $193,750, and shall mature in installments on March 1 of each year as follows: Year (March 1) Principal Amount 2026 $5,750 2027 22,000 2028 22,000 2029 23,000 2030 23,000 2031 24,000 2032 24,000 2033 25,000 2034* 25,000 *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 appropriate 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 appropriate Bond Register or, in the discretion of the Paying Agent, by wire from the Paying Agent or the Issuer delivered to the Owner (determined as of the close of business on the Record Date) in accordance with wiring instructions provided by the Owner, provided, however, that 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 delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3. Prepayment Provisions . The Bonds shall not be subject to prepayment prior to maturity.
SECTION 4. Registration and Transfer . The Issuer shall cause a Bond Register to be kept by each Paying Agent. The Bonds may be transferred, registered and assigned only on the appropriate Bond Register, 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 appropriate Paying Agent to the last assignee (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 e nding 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.
SECTION 5. 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.
SECTION 6. Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 7. Pledge and Dedication of Revenues . The Bonds shall be secured by and payable solely from an irrevocable pledge and dedication of the proceeds of the Tax. This Governing Authority does hereby obligate itself and its successors in office to impose and collect the Tax in each year, and does hereby irrevocably and irrepealably dedicate, appropriate and pledge the annual income to be derived from the assessment, levy and collection of the Tax in each year to the payment of the Bonds, so long as the Bo nds are Outstanding. The Issuer further covenants that it shall not lower the Tax rate to result in lower Tax revenues than were collected in the year prior to the proposed adjustment.
SECTION 8. 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 refunded and t he 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 does 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.
- (c) Junior and subordinate bonds may be issued without restriction.
SECTION 9. Sinking Fund. (a) There is hereby created a special fund known as "Fire Protection District Number 5 of the Parish of Rapides, State of Louisiana, Limited Tax Bonds, Series 2025 Sinking Fund" (the "Sinking Fund") said Sinking Fund to be maintained with the regularly designated fiscal agent bank of the Issuer. The Issuer shall deposit in the Sinking Fund from the first revenues of the Tax received in any calendar year, a sum equal to the principal and/or interest falling due on the Bonds in that calendar year. The depositor y for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least two (2) days in advance of each payment date funds fully sufficient to pay promptly the principal and interest falling due on such date.
- (b) It shall be specifically understood and agreed, however, and this provision shall be a part of this contract, that after the funds have actually been set aside out of the revenues of the Tax for any year sufficient to pay the principal and interest on the Bonds for that year, and all required amounts have been deposited in the aforesaid Sinking Fund established for the Bonds, then any annual revenues of the Tax remaining in that year shall be free for expenditure by the Issuer for the purposes for which the Tax is authorized.
- (c) All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this 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.
- (d) 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 of Louisiana.
SECTION 10. Budget; Annual Financial Statements. As long as any of the Bonds are Outstanding, the Issuer shall prepare and adopt a budget prior to the beginning of each Fiscal Year and shall furnish a copy of such budget to any Owner upon request. While any portion of the Bonds is Outstanding, the Issuer shall make available to any Owner, upon request, its annual audited financial statements no later than 180 days after the end of the applicable Fiscal Year of the Issuer.
SECTION 11. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds shall be deposited by the Issuer with its fiscal agent bank or banks in a special fund entitled "Fire Protection Di strict Number 5 Limited Tax Bonds, Series 2025Construction Fund" to be used only for the purpose for which the Bonds are issued, including paying any and all costs of issuance incurred in connection with the issuance of the Bonds.
SECTION 12. 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.
SECTION 13. 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, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two -thirds (2/3) of the aggregate principal amount of the Bonds then outsta nding; 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 pa y the principal of and the interest on the Bonds as the same shall come due from the revenues appropriated, pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modifica tion or amendment of this Resolution, without the consent of the Owners of all of the Outstanding Bonds.
SECTION 14. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 15. 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."
SECTION 16. 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.
SECTION 17. Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and 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.
SECTION 18. 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 promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19. 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 as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amou nt, 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 other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 20. 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 otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they are defeased in the manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
SECTION 21. Successor Paying Agent; Paying Agent Agreement, if required. 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 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 notice 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 required, the Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 22. Disclosure Under SEC Rule 15c2 -12. The Issuer will not be required to comply with the continuing disclosure requirements described in Rule 15c2-12 of the Securities and Exchange Commission [17 CFR 240.15c2-12].
SECTION 23. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Code in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, incl uding, without limitation, (i) the failure to comply with the limitation on 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 Executive 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.
SECTION 24. 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 meaning of the Code; and
- (b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2025 does not exceed $10,000,000.
SECTION 25. 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, indicat ing 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.
SECTION 26. 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 Authority at reasonable times and such fact must be stated in the publication within the official journal.
SECTION 27. 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 Bond and are f urther 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.
SECTION 28. Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 29. Effective Date. This Resolution shall become effective immediately.
This Resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Daniel Lonsberry, Davron “Bubba” Moreau, Oliver “Ollie” Overton, Jr., Danny Bordelon, Jay Scott, Randy Harris, Parrish Giles, Sean McGlothlin, and Craig Smith NAYS: None ABSENT: None ABSTAINING: None
And the Resolution was declared adopted on this, the 10th day of February, 2025.
/s/Theresa Pacholik /s/Craig Smith Secretary-Treasurer President Exhibit A-1 COMMITMENT LETTER OF THE BANK
EXHIBIT A-2
COMMITMENT LETTER OF LPFA
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the Purchasing Agent to receive price quotes for road improvements on various roads in Road District 2B-1, District C, construction not to exceed $230,000.00. On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the Purchasing Agent to receive price quotes for road improvements on various roads in Road District 2B-2, District C, construction not to exceed $230,000.00. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Danny Bordelon to authorize the Purchasing Agent to receive price quotes and award to the lowest bidder for repair work on a parish- maintained bridge on Philadelphia Road, to be paid from Road
REGULAR MEETING
FEBRUARY 10, 2025
District 2B-1, District C, cost not to exceed $55,000.00, as recommended by the Public Works Director and Highway Superintendent. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Sean McGlothlin to approve the purchase of security cameras and storage from Louisiana State Contract No. 4400029829, for the Rapides Parish Courthouse, cost not to exceed $32,000.00, as recommended by the Courthouse Building Superintendent. Discussion ensued. On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Jay Scott to authorize to advertise for proposals on ditching services for roadside open ditch maintenance on various parish rights-of-way and authorize the President to sign any necessary documents. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Daniel Lonsberry to authorize Change Order No. 3 for Bid No. 3175- PAE No. 12705 -District A – Districtwide Asphalt Roadway Improvements, decrease in contract amount of $41,791.43, revised total contract amount of $1,100,534.79, as recommend by Pan American Engineers and authorize the Parish President to sign any necessary documents. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Bubba Moreau to authorize cleanup of garbage, trash, weeds and debris at 2523 Hanes Road, Pineville, LA and authorize legal counsel to invoice the property owner for cost of cleanup. Public Works Department to complete the job if a contractor is unable to complete the jo b in a timely manner or if it is cost prohibitive. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Jay Scott to authorize cleanup of garbage, trash, weeds and debris at 5908 Caroline Drive, Alexandria, LA and authorize legal counsel to invoice the property owner for cost of cleanup. Public Works Department to complete the job if a contractor is unable to complete the job in a timely manner or if it is cost prohibitive. On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the Pan American Engineers to advertise and receive bids for various road improvements on
- B. Miller Road, St. Clair Ryder Road, Nation Road and Philadelphia Road, projects funded by Act 776 – Direct Appropriation from the State and the corres ponding Road District Funds. On vote the motion carried.
On motion by Mr. Ollie Overton, seconded by Mr. Jay Scott to authorize the cleaning and debris removal of subsurface draining within the Town of Lecompte, to be paid from the Town’s portion of Road District 3A, cost not to exceed $200,000.00, contingent of the Town’s acceptance of the project scope, as recommende d by signed Resolution No. 2025 -3 passed by the Town of Lecompte in a meeting held on Monday, February 3 rd, 2025. On vote the motion carried.
On motion by Mr. Parrish Giles, seconded by Mr. Ollie Overton to authorize the purchase of two (2) lawnmowers, State Contract No. 4400026020, for Town of Cheneyville, to be used for Public Works Department, total cost not to exceed $27,000.00, to paid from Town’s Portion of Road District 3A funds, as recommended by the Mayor and Town of Cheneyville Resolution passed on January 30, 2025. On vote the motion carried. REGULAR MEETING FEBRUARY 10, 2025
On motion by Mr. Ollie Overton, seconded by Mr. Danny Bordelon to accept Project No. 3143 – New Fire Station – Fire District No. 18 as “Substantially Complete” and authorize the Parish President to sign the Substantial Completion Certificate as recommend by the Engineer and Lecompte Volunteer Department Board of Directors. On vote the motion carried.
On motion by Mr. Jay Scott, seconded by Mr. Ollie Overton to hold a public hearing on Thursday, March 6, 2025, at 3:00 p.m., during the Police Jury Committee Meeting to obtain views on the housing and community development needs of the Parish and to discuss the submission of an application for funding under the State of Louisiana FY26/27 Community Development Block Grant (LCDBG) Program. On vote the motion carried.
On m otion by Mr. Jay Scott, seconded by Mr. Randy Harris to authorize legal counsel to negotiate a CEA with City of Pineville for asphalt overlay of Bayou Marie Street section between Barron Street & Country Street. On vote the motion carried.
There being no further business, motion by Mr. Craig Smith, seconded by Mr. Ollie Overton the meeting was adjourned at 3:35 p.m.
Collected as a public record by Kingfish. Text is extracted verbatim from the official documents — open each “official PDF” for the source.