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Minutes

From the Rapides Parish Police Jury meeting on February 14, 2022

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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, February 14, 2022, at three (3:00) o'clock p.m. (Central Standard Time).

There were present: Craig Smith, President, Oliver “Ollie” Overton, Jr., Vice President and Police Jurors: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, III, Rusty Wilder, Sean McGlothlin and David Johnson.

Absent was Jay Scott.

Also present were: Theresa Pacholik, Treasurer; Shane Trapp, Courthouse Building Superintendent; Donna Andries, Sales & Use Tax Administrator; Mr. Cory Ashmore, Public Works Director; Ms. Sonya Wiley-Gremillion, OHSEP Director; Ms. Elaine Morace, WOD Director; Ms. Linda Sanders, Civil Service Director; Chief Joey Glorioso, Fire District No. 2 and Greg Jones, Legal Counsel.

The invocation was given by Mr. David Johnson.

The Pledge of Allegiance was led by Mr. Bubba Moreau.

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

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

The first item on the agenda was to recognize Mr. Elbert Guillory, Candidate for Louisiana Lt. Governor.

Mr. Elbert Guillory gave a brief update of his candidacy for Louisiana Lt. Governor.

On motion by Mr. Ollie Overton, seconded by Mr. Bubba Moreau, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on January 10, 2022, as published in the Official Journal. On vote the motion carried.

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

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

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

FOR THE CONSIDERATION OF $1,333.33 CASH

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

A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Seventeen (17) and Adjacent ½ of Lot Sixteen (16), Square A, Yarbrough Subdivision of J. N. Ball Addition, City of Alexandria, records of Rapides Parish, Louisiana.

said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and

WHEREAS, a request has been received from Victor Barrow, to purchase said property for the consideration of $1,333.33 (One Thousand Three Hundred ThirtyThree Dollars and Thirty-Three Cents) cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,

WHEREAS, this Jury is of the opinion that it would be in the public interest to Alexandria 71301, for the offered consideration.

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

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Seventeen (17) and Adjacent ½ of Lot Sixteen (16), Square A, Yarbrough Subdivision of J. N. Ball Addition, City of Alexandria, records of Rapides Parish, Louisiana.

Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:

  • • the mortgage and conveyance records of Rapides Parish,
  • • the current telephone book,
  • • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities

Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;

Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:

  • (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “process verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “process verbal”);
  • (b) The filing of the sale or donation transferring the property.
  • (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).

Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:

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

Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.

Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.

NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.

NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.

Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.

  • (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
  • (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
  • (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.

Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.

Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.

Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.

  • (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
  • (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
  • (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
  • (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.

THUS PASSED, APPROVED AND ADOPTED on this 14th of February, 2022.

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

ORDINANCE

AUTHORIZING THE RAPIDES PARISH POLICE JURY

TO SELL

FOR THE CONSIDERATION OF $2,000.00 CASH

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

A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Six (6) of Square Six (6), Willow Glen Plantation Subdivision, City of Alexandria, records of Rapides Parish, Louisiana.

said property having been adjudicated to either of aforementioned Cities and/or the Parish for unpaid property taxes; and

WHEREAS, a request has been received from Bridgett Lyons, to purchase said property for the consideration of $ 2,000.00 (Two Thousand and Zero Cents) cash, at the time of sale, said consideration representing the total of the statutory impositions, governmental liens, and costs of sale or two-thirds (2/3) of the appraised value of the property; and,

WHEREAS, this Jury is of the opinion that it would be in the public interest to convey the above-mentioned property to Bridgett Lyons, 795 Williams Lake Road,

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

Section 1. A certain piece, parcel or tract of land together with all buildings and Improvements thereon situated and all rights, way and privileges thereon appertaining, being, lying and situated in Rapides Parish, Louisiana, and being Lot Six (6) of Square Six (6), Willow Glen Plantation Subdivision, City of Alexandria, records of Rapides Parish, Louisiana.

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

Section 2. The acquiring person shall certify, in writing, to the Purchasing Department that he/she or his/her agent has searched for all names and last known addresses of all owners, mortgages, and any other person(s) who may have a vested or contingent interest in the property, or who have filed a request for notice as indicated in those records and has so examined:

  • • the mortgage and conveyance records of Rapides Parish,
  • • the current telephone book,
  • • any other examination resources, including Internet search engines, if any, the records of the Louisiana Secretary of State and the Secretary of States set forth by the names of identified entities

Section 3. The acquiring person shall submit the required notifications (R.S. 47:2206 A and B) to the Civil Sheriff for his/her signature, and then notify those persons identified via regular mail, certified mail*, publication and/or service of process. *Copies of the “green and white receipts” should be maintained by the purchaser as indicia of compliance with the notice requirements;

Section 4. The acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to be terminated that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:

  • (a) Sixty days from the date of the notice provided in this Subsection, if five years have elapsed from the filing of the tax sale certificate (formerly “process verbal”), or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate (formerly “process verbal”);
  • (b) The filing of the sale or donation transferring the property.
  • (c) The written notice required by this Section shall be that which is included in R.S. 47:2206 A. (2).

Section 5. The acquiring person shall cause to be published in the official journal of this parish (currently the Town Talk) a notice that any tax sale party whose interest the successful bidder or donee intends to be terminated has, to redeem the property, until the later of:

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

Section 6. The acquiring person may file with the recorder of mortgages a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.

Section 7. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in R.S. 47:2206 (A) and (B), the acquiring person, or his/her successors and assigns, may send to this body a written notice requesting that the sale/donation to him/her be authenticated. The President of the Jury shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. However, the President shall not execute the act of cash sale or act of donation until the District Attorney’s office has certified in writing to the President, that purchaser or donee has complied with the mandates of this Ordinance. The sale price shall be paid by cashier’s check or money order at the time of the sale.

NOTE: The initial application fee of $75.00 and any other costs incurred by the purchaser shall not be applied to the purchase price and shall not be refundable if the purchaser elects not to complete the process.

NOTE: The City of Alexandria and/or the City of Pineville and/or the Parish of Rapides shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

Section 8. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees.

Section 9. The only warranty owed by the political subdivision or the municipalities shall be a warranty against eviction resulting from a prior alienation by the political subdivision or the municipality.

  • (a) All sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against redhibitory defects or vices and the warranty that the thing sole is reasonable fit for its ordinary purpose or the acquiring person’s intended or particular purpose.
  • (b) These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
  • (c) The writing constituting the sale shall be in the form as provided in R.S. 47:2207 B. and the writing constituting the donation shall be that which is included in R.S. 47:2207 C.

Section 10. The provisions of R.S. 41:1338 shall not apply to the property being sold or donated in accordance with this Ordinance.

Section 11. A certified copy of the sale or donation shall be prima facie evidence of the regularity of all matters dealing with the sale or donation and the validity of the sale or donation.

Section 12. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his/her successors, or assigns, may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the acquiring person, his/her successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication.

  • (a) The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors.
  • (b) The affidavit described herein shall be sufficient if it follows the form articulated in R.S. 47:2208.
  • (c) With respect to a sale, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (d) With respect to a donation, the filing of the affidavit provided herein shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
  • (e) Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsections (c) or (d) of this Section, only insofar as they affect the property.
  • (f) The owner filing the affidavit shall be liable to and indemnify the recorder of mortgages, the recorder of conveyances, and any other person relying on the cancellation, termination, release, or erasure by affidavit for any dames that they may suffer as a consequence of such reliance if the recorded affidavit contains materially false or incorrect statements that cause the recorder to incorrectly cancel, terminate, release, or erase any interest listed in the affidavit. The recorder of mortgages and the recorder of conveyances shall not be liable for any damages resulting to any person or entity as a consequence of the cancellation, termination, release or erasure of any interest in compliance with this Section.

THUS PASSED, APPROVED AND ADOPTED on this 14th of February, 2022.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to approve the participation in an upcoming auction to be held on March 5, 2022. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to exercise the option to extend Bid No. 2901 – Annual Contract Hauling for twelve

  • (12) months. Extension to begin on April 1, 2022 and go through March 31, 2023, as recommended by the Purchasing Agent. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to authorize Change Order No. 2 – 2020 Town Wide Asphalt Roadway Improvements Project No. 11656, Town of Lecompte – for an increase of $147,425.68 from the original contract cost of $389,651.61, and increase completion date by 268 days, as recommended by the Project Engineer. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to ratify to exercise the option to extend Bid No. 2788 – Annual Bid for Inventory Supplies for twelve (12) months. Extension began on February 1, 2022 through January 31, 2023, as recommended by the Purchasing Agent. This is the last time this bid can be extended. On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Rusty Wilder, to increase hourly rate for Fire Chief at Rapides Parish Fire District No. 15 from $25.00 per hour, to $28.00 per hour, not to exceed 34 hours per week, effective January 30, 2022, as recommended by the Taylor Hill Fire Department Board. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to increase hourly rate for one (1) part-time firefighter at Rapides Parish Fire District No. 15 from $15.00 per hour, to $17.00 per hour, not to exceed 32 hours per week, effective January 30, 2022, as recommended by the Taylor Hill Fire Department Board. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. David Johnson, to authorize the travel expense policy be adopted by the Jury, to provide the annual travel budget for the entire Jury, and that the President of the Rapides Parish Police Jury is authorized to approve travel expenditures during the year, not to exceed the budgeted amount. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to delete from the Rapides Parish Police Jury – Capital Improvement Projects the below equipment, as it was no longer suitable for public use and new one was purchased. Asset No. Description Disposal 8001 Repeater – Kay Radio Scrap – to be auctioned Purchased in 1998 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to delete from the Rapides Parish Public Works Department’s Asset/Inventory List the equipment listed below, as it will be placed in upcoming auction: Asset No. Description Disposal 9831 2005 Ford F-150 Auction 10543 2009 Ford F-150 Auction 10435 2005 Dodge Ram Auction On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. David Johnson, to adopt a policy wherein the Rapides Parish Police Jury will require that retainage be withheld from contractor payments for public works construction contracts equal to or greater than $200,000; with such contracts being recorded and clear lien certificates secured prior to final contractor payment. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to amend the 2022 Budgets to reflect the actual beginning balances. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, of Intent to sell the following Abandoned/Adjudicated Properties:

Tax Debtor Description Kadence Properties, LLC Lot Nineteen (19), Square Twelve (12), Fairgrounds and Machine Shop Addition Bearing the municipal address of:

Charles Perry Lot Six (6), Square Two (2) Southeastern Service Subdivision Bearing the municipal address of: Alexandria

Inspiration Enterprises Lot Fifteen (15), Square Sixteen (16), S. A. Guy Addition Bearing the municipal address of:

C/O Annie Mae Nursing Home Twenty (20) on Taylor Hill Section Twelve (12) Bearing no municipal address of: Goff Road, Alexandria

Karla D. Brouillette Lot One (1), Square Eight (8), I. W. Ball Addition Bearing the municipal address of:

Sandra J. Piper et al Lot Twelve (12), Square Eight (8),

  • I. W. Ball Addition Bearing the municipal address of:

Jimmie Deramus Lot One (1), Steve Johnson Property on Church Street Bearing the municipal address of: On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Ollie Overton, to delete from Rapides Parish Fire District No. 2 the equipment listed below, as it no longer suitable for public use and will be auctioned: Asset No. Description Disposal 11714 Manlift To be auctioned Acquired in 2017 On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to delete from OEWD/WOD Asset Inventory the following furnishings/equipment that are either broken or no longer suitable for program use and authorize disposal at Public Auction held on March 5, 2022. Description RPPJ Tag No. XXPC SHUTTLE CPU G001325 XXPC SHUTTLE CPU G001333 XXPC SHUTTLE CPU G001393 XXPC SHUTTLE CPU G001402 XXPC SHUTTLE CPU G001405 XXPC SHUTTLE CPU G001407 KEI XXPC CPU G001438 D-VT 930 SERVER/PROCESSOR G001324 KEI IMPRESSION MONITOR IMPRESSION KEYBOARD K2A HP KEYBOARD HP KEYBOARD HP KEYBOARD HP LASER JET PRO MFP M281fdw PRINTER HP LASER JET 7515 PHOTOSMART PRINTER

HP LASER JET 6700 PRINTER/SCANNER SHARP PROJECTOR G001172 HON BLACK 4 DRAWER FILE CABINET RPPJ00005495 HON BEIGE 4 DRAWER FILE CABINET RPPJ00006326 HON BLACK 4 DRAWER FILE CABINET RPPJ00004195 HON BEIGE 4 DRAWER FILE CABINET RPPJ00003986 HON BLACK 4 DRAWER FILE CABINET RPPJ00005511 HON BLACK 4 DRAWER FILE CABINET RPPJ00004237 HON BEIGE 4 DRAWER FILE CABINET RPPJ00005517 HON BEIGE 4 DRAWER FILE CABINET RPPJ00003987 HON BLACK 4 DRAWER FILE CABINET RPPJ00005544 HON BEIGE 4 DRAWER FILE CABINET RPPJ00005847 HON BEIGE 4 DRAWER FILE CABINET RPPJ00003938 HON BLACK 2 DRAWER FILE CABINET RPPJ00005702 BLACK EXECUTIVE CHAIR MAROON ARM CHAIR On vote the motion carried.

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

RESOLUTION

BY THE

WHEREAS, the Rapides Parish Police Jury received the following Proposals until January 12, 2022, for Erosion Problems Adjacent to Grandpierre Road.

CONTRACTOR LUMP SUM PRICE

  1. Merrick, LLC $39,000.00
  2. T.L. Construction, LLC $45,000.00
  3. Progressive Construction Company, LLC $55,890.00

WHEREAS, the Proposals have been checked and tabulated by Pan American Engineers, LLC, with a recommendation of award being made to the low Proposer; and,

NOW, THEREFORE BE IT RESOLVED, that the contract for said service is hereby awarded to the low Proposer, Merrick, LLC, in the amount of $39,000.00, contingent upon receipt of required insurance and other contract documents.

BE IT FURTHER RESOLVED, that the President is hereby authorized to execute contracts and change orders between the Rapides Parish Police Jury and the successful Proposer.

Passed, approved and adopted by the President and Police Jury of Rapides Parish, Louisiana, on this 14th day of February, 2022.

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

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED LIMITS SO AS TO SET A 25 MPH SPEED LIMIT ON THE DAVIDE WILLIS ROAD, WARD 6 , DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February, 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Davide Willis Road, Ward 6, District H as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Davide Willis Road ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the Parish President to execute Task Order B-3-2022 – Fairway East Subdivision Concrete Roadway Improvements under the Contract “B” Concrete Pavement and Sidewalk Improvements 2021/2022 (Indefinite Delivery/Indefinite Quantity Contract) between the Rapides Parish Police Jury and Progressive Construction Company, LLC, with an estimated cost of $15,000, as recommended by Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to authorize the Rapides Parish Police Jury to enter into an agreement with ACM Contracting, for asphalt roadway repairs/overlay of Pellon Street and Choctaw Drive, at a cost of $29,675 and authorize the Parish President to sign the necessary documents, as recommended by Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.

On motion by Mr. Rusty Wilder, seconded by Mr. Ollie Overton, to accept Task Order B-2-2021 – Concrete Pavement and Catch Basin Repair on Cloverleaf Blvd. as “Substantially Complete”, and authorize the Parish President to sign and record the “Substantial Completion” certificate, 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. David Johnson, seconded by Mr. Bubba Moreau, the following ordinance was presented and unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Oak Drive, Ward 4, District H as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Oak Drive ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

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

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Pine Drive, Ward 4, District H, as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Pine Drive ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

On motion by Mr. Rusty Wilder, seconded by Mr. David Johnson, the following ordinance was presented and unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED WARD 4, DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Forest Drive, Ward 4, District H, as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Forest Drive ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

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

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Hill Drive, Ward 4, District H, as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Hill Drive ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

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

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED 4, DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Park Drive, Ward 4, District H, as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Park Drive ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

On motion by Mr. David Johnson, seconded by Mr. Rusty Wilder, the following ordinance was presented and unanimously adopted:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (G) SPEED WARD 4, DISTRICT H

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February 2022, that Section 18-4.2 (g) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to include a 25 mph speed limit on the Audubon Drive, Ward 4, District H, as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (g) Twenty-five miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish roads in Rapides Parish in excess of twenty-five (25) miles per hour: ... Audubon Drive ... (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

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

THUS DONE AND SIGNED on this 14th day of February, 2022.

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

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT SECTION 18-4.2 (I) SPEED WARD 1, DISTRICT F

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 14th day of February, 2022, that Section 18-4.2 (i) of the Rapides Parish Code of Ordinances is hereby amended and reenacted to set a 15 mph speed limit on the Russell Court, Ward 1, District F as follows:

Chapter 18. MOTOR VEHICLES AND TRAFFIC

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

  • (i) Fifteen miles per hour. It shall be unlawful for any person to drive or operate a vehicle upon the following parish road in Rapides Parish in excess of fifteen (15) miles per hour. … Russell Court, Ward 1, District F … (l). Whoever violates the provisions of this section shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned in the Rapides Parish Jail for a period not to exceed thirty (30) days, or both.

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

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

BE IT FURTHER ORDAINED that the Parish Highway Department is hereby authorized to erect the speed limit signs on the Road and a copy of this ordinance sent to the Rapides Parish Sheriff Office.

THUS DONE AND SIGNED on this14th day of February, 2022.

On motion by Mr. Rusty Wilder seconded by Mr. David Johnson, the following ordinance was presented:

ORDINANCE

AN ORDINANCE TO AMEND AND REENACT CHAPTER 6 ½ - BUILDINGS AND CONSTRUCTION-ARTICLE V. – CONSTRUTION ON PARISH LAKESSECTION 6 ½-31 - REGULATIONS

  • (c) No structure shall extend more than forty (40) feet, perpendicular to the water line, from the spillway elevation of the lake. Structures may not extend into cleared boat rows or dredged areas. Additionally, no structure shall exceed fifteen (15) feet in height as measured from the floor of the structure. Furthermore, structures may be prohibited, or their dimensions restricted, in coves, to prevent inaccessibility of other existing or potential landowners or the public. Structures must be set back a minimum of twenty-five (25) feet ten (10) feet from projected property lines of adjacent landowners. Projected property lines are to be depicted by extending the property lines which are perpendicular to the shore and are not intended to portray ownership. Where interpretation is needed as to the exact location of the projected property lines, (for example where there appears to be a conflict between the mapped boundary and the actual field conditions), the RAPC shall make the necessary interpretation. BE IT FURTHER ORDAINED that this ordinance is to b e effective immediately.

BE IT FURTHER ORDAINED in all other respects Section 6 ½ - 31 of the Rapides Parish Code of Ordinances shall remain unchanged.

THUS DONE AND SIGNED on this14th day of February, 2022.

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to grant approval to McVay Subdivision Extension, located at Paradise Road & Herman Lane, Ball/Tioga, as recommended by Rapides Area Planning Commission, approved by Parish Engineer, Pan American Engineers, and Legal Counsel and authorize signing of the plat. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to authorize the President to sign the Agreement between the Chief Elected Official and the Rapides Workforce Development Board signifying the roles and responsibilities of the Office of Economic & Workforce Development (OEWD) as the fiscal agent and administrative entity, and the Workforce Operations Department (WOD) as the provider of Title I Adult, Dislocated Worker, and Youth services authorized by the Workforce Innovation and Opportunity Act of 2014 (WIOA). On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. David Johnson, for the Workforce Operations Department to hire two (2) temporary part-time teachers, 29 hours per week, beginning in March or April, ending September 30, 2022, to facilitate the Summer Youth Employment Program, $20 hourly to be paid out of WIOA funds. These instructors will also facilitate the academic component required by the Program. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Bubba Moreau, to approve project Amendment #3 for the Gustav/Ike CDBG Disaster Recovery Pineville Utility Conflicts Project (40PARA3304) to transfer funding to pay all remaining project expenses. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to approve project Amendment #4 for the Gustav/Ike CDBG Disaster Recovery Spanish Bayou/Huffman Creek Project (40PARA3305) to transfer funding to pay all remaining project expenses. On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, to approve project Amendment #7 for the Gustav/Ike CDBG Disaster Recovery North BankGrant Project (40PARA3301) to reduce the project budget to transfer funding to other Gustav/Ike CDBG-DR projects. On vote the motion carried.

On motion by Mr. Rusty Wilder, seconded by Mr. Joe Bishop, the following resolution was presented and on vote unanimously adopted:

ORDINANCE

AN ORDINANCE GRANTING TO CAMERON COMMUNICATIONS, L.L.C., THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM OR VIDEO PROGRAMMING DISTRIBUTION SERVICE OR OTHER VIDEO PROGRAMMING DISTRIBUTION SERVICE AND ELECTRONIC DISTRIBUTION SYSTEM WITHIN THE UNINCORPORATED AREAS OF RAPIDES PARISH, LOUISIANA; SETTING FORTH MISCELLANEOUS PROVISIONS; AND PROVIDING FOR FORMAL ACCEPTANCE OF THE RIGHTS AND PRIVILEGES GRANTED HEREUNDER BY THE GRANTEE.

BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on the 14th day of February, 2022:

Section I. Definitions

The words "Parish" or "Grantor" as hereinafter used shall mean and designate the Parish of Rapides, Louisiana (the Rapides Parish Police Jury) and the words "Company" or "Franchisee" or "Grantee" as hereinafter used shall mean and designate Cameron Communications, L.L.C. and its applicable affiliates, or its agents, employees, successors, or assigns.

The words "Cable System" or "Facilities" or "System" or "Digital Video" as hereinafter used shall mean a system of coaxial cables, fiber optics, or other electrical conductors and equipment used or to be used to originate or receive television or radio signals or data directly or indirectly off the air or from satellites and to transmit them via cable or other transmission methods to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical impulses, whether or not directed to originating signals or receiving signals off the air or from satellites.

The word "property" as hereinafter used shall mean and designate all rights and contracts of whatever kind, and all poles, wires, cables, apparatus, and other appliances, appurtenances, and fixtures owned by the Franchisee and located within the franchise area as designated in Section II of this franchise agreement; it may also mean movables or immovable, whether real or personal, owned by Franchisee or a third party.

Section II. Franchise Granted

There is hereby granted to the Cameron Communications, L.L.C. (authorized to do business in Rapides Parish, Louisiana, represented herein by an officer, duly authorized to act on behalf of the corporation) the nonexclusive right, privilege and authority to construct, lay, maintain, and operate a system of poles, wires, conduits, and other fixtures in, upon and across, along, under and over the streets, alleys, parkways, public grounds and other places within the unincorporated areas of Rapides Parish, Louisiana, for the purpose of constructing, maintaining and operating a cable television service or other video programming distribution service and electronic distribution system to said areas. All such work done in connection with the construction, reconstruction, maintenance or repair of said system shall be subject to and governed by all laws, rules, regulations now in force or that may be hereafter passed or adopted and not in consistent herewith; and the construction, maintenance and operation of Grantee's System and all television distribution of the property of Grantee subject to the contract shall be subject to the lawful police regulation by the governing body of the Parish. The right of Grantee to use and occupy the streets, alleys, public ways and places of Rapides Parish for the purpose set forth shall not be exclusive as the Police Jury reserves its authority to grant such non-exclusive privileges to other applicants, provided that any such privileges granted to any other applicant or grantee whatsoever in any territory served by Grantee shall not be more favorable or of greater value in any respect than the privileges, obligations, standards and fee requirements set forth herein in this ordinance.

Section III. Term

The franchise hereby granted shall be effective from and after the date hereof and shall remain in full force and effect for a period of fifteen (15) years. The effective date of this agreement is February 14, 2022.

Section IV. Company To Hold Parish Harmless

The Company shall defend, indemnify and hold harmless the Parish against any and all claims, demands, actions and damages for injury or death to any person or property (including costs of litigation and attorney fees) caused by, or arising out of, whether directly or indirectly, the installation, maintenance, construction and operation by the company, their agents, employees, or contractors of its facilities, or by its equipment of any kind or character used in connection with its business.

Section V. Required Records As To Location Of Facilities

The Company shall at all times keep and make available for inspection full and complete plats, maps and records showing the exact location of all cable television service, video programming distribution service and electronic distribution system equipment. The Grantee shall furnish and file with the Parish, upon request, maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities, such maps, plats, and permanent records furnished and filed with the Parish, and up-dated at least once every quarter by the Grantee.

Section VI. Equipment Generally

All such installations of equipment shall be of a permanent nature, durable and of a location not to interfere in any manner with the rights of the public or individual property owners and shall not interfere with the travel and use of places by the public. The Parish reserves the right of reasonable regulation of the erection and construction of any work by the Company, and to reasonable designate where such works and construction shall be placed. The Company agrees, when requested by the Parish, to make changes in its distribution system, in wires, poles, or apparatus to conform to the reasonable necessary requirements of the areas, such changes to be effected when so requested within a reasonable time, and further agrees to comply with such ordinances as the Parish may now or may hereafter pass regulating the installation and maintenance of such equipment.

The poles erected by Grantee for such distribution system shall be placed and erected in such a manner as to not interfere with the use of roads, streets, alleys, and other public places in said Parish and shall be done in such a manner as to give the least inconvenience to the abutting property owners; said poles shall not be placed where the same will interfere with any gas, electric, or telephone fixtures, water hydrants or mains, sewer lines, or other such facilities in said streets, alleys, and public places.

Should Grantee desire to make underground installations in connection with the operation of the system, Grantee shall have the right and privilege to take up pavement and sidewalks, if same is necessary for said installations, providing however, that Grantee shall not take up nor excavate any pavement at any time without first securing written permission from the Parish, and further provided that all excavations and installations so made shall be performed in such a manner as will cause the least inconvenience to the public. Grantee shall promptly restore the pavement or sidewalks to as good a condition as existed prior to excavation and installation. The Parish shall have the right to have one inspector present at each excavation and installation, at the expense of the Grantee.

Section VII. Company's Duty to Alter, Etc., Facilities Upon Notice

Whenever, by reason of the changes in the grade of any street or in the location or construction of water lines, gas lines, sewer lines, or other underground construction for any purpose, it shall be deemed necessary by the Parish that the facilities of the grantee be altered, changed, adapted, or conformed, such alteration or changes shall be promptly made by Grantee when ordered in writing by the President or appointed officer of the Rapides Parish Police Jury without claim for reimbursement or damages against the Parish, provided however, that the Parish shall not require Grantee to remove its cables, poles, or other facilities entirely from such street, alley, or highway without making available to Grantee other places for said poles, cables, or other facilities. If the Parish shall require Grantee to adapt or conform its facilities or in any way alter, relocate or change its property to enable any corporation or person, except the Parish, to use said street, alley or highway, Grantee shall be reimbursed fully by the corporation or person desiring such change or relocation for any loss, cost or expense caused by or arising out of such change or relocation of Grantee's property, provided however, that the Parish shall never be liable for such reimbursement.

Section VIII. Required Insurance

The Company shall at all times during the existence of this franchise require its contractors and itself to maintain insurance with a duly authorized Louisiana insurance company as follows:

  • (a) Workmen's compensation insurance in accordance with the laws of the State of Louisiana.
  • (b) General liability insurance in such forms and in such companies as shall be approved by the Rapides Parish Police Jury, such approval not to be unreasonably withheld, to protect the Parish and the Franchisee from and against any and all claims, injury and damage to persons or property, both real and personal, caused by the construction, erection, operation, or maintenance or any aspect of the System. The amount of such insurance shall not be less than the following, but said amounts are subject to review and change annually by the Parish Administrator:

Bodily injury per person $ 500,000 Bodily injury per occurrence $1,000,000 Property damage per person $ 250,000 Property damage per occurrence $ 500,000

An appropriate Certificate of Insurance, or Certificates of Insurance, shall be filed annually with the Office of the Parish Administrator.

The Company is and shall be considered an independent contractor hereunder for all things.

Section IX. Cancellation or termination

Failure or refusal to observe the terms and provisions of this franchise by the Company, its successors and assigns, shall entitle the Parish to cancel and terminate this franchise and all rights hereunder, subject to applicable federal law. The Parish may exercise such right ninety (90) days after serving written notice upon the Company of failure to observe the terms thereof, and upon refusal by the Company during the said ninety (90) day period to perform or act as requested by said notice, this franchise shall be subject to cancellation as hereinabove provided.

Section X. Legal Requirements Declared To Have Been Complied With

All provisions of law provided and prescribed for the granting of this franchise are hereby declared to have been fully complied with and the franchise shall be in full force and effect from and after its execution and approval.

Section XI. Franchise Fee; Required Deposit; Records

The Company shall pay the Parish as a franchise fee or commission and as compensation for the rights and privileges enjoyed hereunder five percent (5%) of the gross revenues received by Grantee from the operation of the System to provide cable services or video programming distribution services in the franchise area, in accordance with LA R.S. 33:4461; provided, however, that the Parish may increase the franchise fee during the term of this franchise, but may not lower the fee set forth above, provided that said fee does not exceed limits as fixed by law or governmental regulation and, furthermore, provided that the Grantee shall be notified by the Parish of such change no later than ninety (90) days prior to the effective date of such change in the franchise fee.

The annual fee shall be paid quarterly and the Grantee shall file upon request a complete revenue statement with the Parish during the period for which said quarterly payment is made, and payment shall be made to the Parish not later than forty-five (45) days after the expiration date of the quarter for which payments are due. If grantee fails or refuses to pay such fee, the Parish may maintain an action against the Grantee for the amount of such fee and all expense of collecting same, including reasonable attorney's fees. All unpaid fees shall bear an annual interest in the amount of twelve (12%) percent from date due.

Concurrently with each payment, Grantee shall furnish a sworn written report showing the amount of gross revenues from video programming service sales within the territorial limits of the franchise for each month, with a breakdown for totals for each item calculated in the customer billing procedure, as well as an itemized breakdown for allowed deductibles, as hereafter identified.

In determining gross revenues, for purposes of this agreement, there may be deducted:

  • (a) All credits or refunds made to customers;
  • (b) All sales taxes, excise taxes, gross receipt taxes, and any other tax of a similar nature;
  • (c) Deposits and premiums for insurance policies and refunds and insurance claim payments;
  • (d) Deposits required for operating and maintaining cable and video programming distribution systems;
  • (e) Fees, deposits, and interest which may be required for performance bonds and the like which are or may be required for the installation of television cable and/or equipment; and
  • (f) Installation charges to customers.

At all times during the effective period of this franchise, Grantee shall keep at its local office at the disposal of and open to inspection by the Parish, at all reasonable times, all books of accounts, records and documents showing a true and complete account of all monies received and the Parish shall have the right to audit said records and ascertain that the proper amount is being paid by Grantee to the Parish.

Section XII. Required Free Service to Rapides Parish Police Jury

The Franchisee shall provide one connection for basic digital video service in a readily accessible location to the Rapides Parish Police Jury, Rapides Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, without a monthly service charge, provided that Grantee has facilities in place and the authority to provide such service to such location.

The distribution of the cable facility inside such buildings and the extent thereof for any connections not in service as of the date of this franchise shall be at the option, duty and expense of the building owner. The Franchisee shall have no liability beyond said free connection, and by requesting said free connection, the building owner will hold Franchisee free of liability.

Section XIII. Cable Channels for Public, Educational or Governmental Use.

Franchisee shall make available channel capacity for the dissemination of noncommercial governmental or educational programming to subscribers. Franchisee may provide such channel capacity on a full-time dedicated basis or on a shared use basis with other services so long as scheduling priority is given to NTSC format programming created by nonprofit educational and/or governmental agencies specifically chartered to serve Rapides Parish. In the event nonprofit educational and/or governmental programming is carried on a shared-use basis with other services, Franchisee shall consider factors of local interest in identifying the service(s) subject to pre-emption. In the event the nonprofit educational and/or governmental programming develops into essentially full time programming, Franchisee agrees to dedicate a channel for such programming based upon channel capacity of Franchisee's video programming distribution system.

Section XIV. Emergency Interruption/Override

Franchisee shall install equipment with the capability necessary to interrupt programming in an emergency or disaster condition. Authority to interrupt programming shall be vested with the local Office of Emergency Preparedness, who will ensure that such interruptions are in accordance with applicable state and federal laws. Interrupt capability shall be made capable through the regular telephone system using appropriate codes and safeguards. Interrupt capability shall use voice notification and override all audio programming.

The Parish shall have the right without cost, to make attachments to facilities owned by the Grantee in connection with its fire or police signal system or other parish use, such attachments to be installed and maintained in accordance with the requirements of the Electrical Code of the Parish and only after written notice to the Grantee; provided, that the Grantee shall assume no liability or expense in connection therewith, and provided further, that the Parish's use thereof shall be in such a manner as not to interfere with the cable television operations of the Grantee.

The Parish shall be solely responsible and save the Grantee harmless for all claims and demands for damages to persons or property arising out of the construction, maintenance, rearrangement or removal of poles, wires, fixtures or other facilities authorized by this Section; this provision is only applicable to the negligent acts and omissions of the Parish, including its employees, agents and representatives.

Section XV. Systems Requirements Generally

Provisions of the current requirements for the systems shall be, and shall remain, in accordance with the specifications and requirements promulgated by the Federal Communications Commission.

The Company shall:

  • (a) Limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than forty-eight (48) hours after notice, unless failures are caused by an act of God or circumstances beyond the control of the Company, provided that if a failure is not capable of being corrected within 48 hours, the Franchisee will have commenced correction efforts within 48 hours.
  • (b) Deliver a signal which meets all relevant specifications of the Federal Communications Commission and other applicable federal, state, and local regulations. Proof of calibration of such test instruments may be required from the Federal Communications Commission if deemed necessary in order to arbitrate a specific complaint.

All subscribers will be informed of the telephone numbers and location(s) of such offices and facilities so as to make possible the filing of inquiries and service complaints as easily as possible. A listed full time telephone service number shall be maintained.

Section XVI. Transfer of Franchise Restricted

The franchise granted hereunder cannot in any event be sold, transferred, leased, assigned, or disposed of as a whole or in part, or otherwise, without prior consent of the Rapides Parish Police Jury expressed by resolution, and then only under such reasonable conditions as may be prescribed in the consenting resolution, provided however, that no such consent shall be required for any transfer in trust, mortgage, or other hypothecation, as a whole or in part, to secure an indebtedness, provided further that any consent required in the event of a sale, transfer, lease, assignment, or disposition shall not be unreasonably withheld. Any denial shall be accompanied by a complete written report specifying reasons for the denial. There shall be no restrictions upon the transfer of this franchise to a controlled subsidiary or to a parent. The word "control" as used herein includes actual working control in whatever manner exercised.

Upon the foreclosure or judicial sale of all or a substantial part of the System, or upon notification of the termination of any lease covering all or a substantial part of the System, the Grantee shall immediately notify the Parish of such fact, and such notification shall be treated as a notification that a change in control of the Company has taken place, and the provisions of this Section governing the consent of the Parish to such change in control of the Company, shall apply upon the happening of such event.

Section XVII. Company's Duty to Move Wires Temporarily

The Grantee shall, upon seventy-two (72) hours notice, adjust, raise, or lower its wires temporarily to permit the moving of houses or other bulky structures, which Grantee may charge a reasonable fee for such service and which fee shall be subject to review at any time by the Parish, subject to applicable federal law. The minimum height of all wires shall be eighteen (18) feet over streets and alleys and public places or shall conform to all applicable codes which may now be in effect or become effective hereafter.

The Grantee may trim trees upon and overhanging streets, alleys, sidewalks, and public places to the extent reasonably necessary to prevent the branches from coming into contact with the wires or cables of Grantee under the supervision of the designated agent of the Parish at the expense of the Grantee.

Section XVIII. Transmission Of Pornographic Material Prohibited

Grantee shall not transmit or cause to be transmitted any television programs, either live or on film, which have been determined to be obscene in nature or content under Louisiana law, applying contemporary community standards.

Section XIX. Company's Duty to Remove Property Upon Termination of Franchise

Upon expiration, termination, or revocation of this franchise, the Company shall remove, upon direction by the Parish, at said Company's sole cost and expense any and all types of property installed, constructed or maintained in connection with this franchise and, should the Grantee refuse or fail to fully comply with this provision, the Parish shall have the right to have such CATV system or parts thereof removed at a cost to be borne by the Grantee and the Parish shall not be liable to the Grantee for any damages resulting therefrom.

Section XX. Rates Charged For Service; Notification Of Increase In Rates

Grantee shall file with the Parish Administrator a list of the rates charged for its services to the customers within the franchise.

Grantee shall file notice of intention to increase its rates showing present rates and the new rates to be implemented, with said notice to be filed with the Parish Secretary at least thirty (30) days prior to implementation of the new rate structure.

The Grantor and Grantee mutually agree that in the event the jurisdiction over approval of rates is changed during the term of this agreement, nothing contained herein shall prevent such new or future regulatory authority from exercising its control over rates as provided by law.

Section XXI. Acceptance

Within thirty (30) days after the execution or approval by the Parish of this Ordinance, the Grantee shall pay to the Parish such amounts as may be required under Section 21 (d) hereof and file with the President of the Police Jury, in writing duly executed by the proper officers of the Grantee, its written acceptance of this franchise and the terms and conditions as set out in this Ordinance.

Section XXII. Severability

If any provision or term of this Agreement is held invalid such invalid provision or term shall not affect the validity of the remaining provisions of this Agreement and this Agreement shall be read and remain as if the invalid provision was never inserted.

Section XXIII. Change in Law

In the event a new law is enacted, or a change in existing law occurs, after the effective date this Agreement that provides for state or federally issued cable or video franchise authority, or that otherwise governs the subject matter of this Agreement or the services provided by Grantee, Grantor and Grantee agree that such law shall supersede the terms of this Agreement, and Grantor and Grantee shall each have the right to terminate this Agreement in the event Grantee obtains such state or federally issued franchise authority.

THUS DONE, PASSED AND APPROVED on this 14th day of February, 2022.

On motion by Mr. David Johnson, seconded by Mr. Joe Bishop, to accept a check for $73,560, from Mr. Rick Reno on behalf of the Rapides Parish Coliseum and that the money go back into the Rapides Parish Coliseum Operating fund, to purchase any equipment, maintenance or whatever needs to be done at the Coliseum. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. David Johnson, to authorize the President to send a letter of appreciation to ASM Global, thanking them for their investments to the Rapides Parish Coliseum. On vote the motion carried.

On motion by Mr. Rusty Wilder, seconded by Mr. David Johnson, to appoint Jason Dewitt to the Rapides Finance Authority Board to fill the unexpired term of the late Barry Hines, representing District E. Term will expire October 14, 2026. On vote the motion carried.

On motion by Mr. Sean McGlothlin, seconded by Mr. Ollie Overton, to appoint Michael Herron to the Gravity Drainage District No. 1 Board to fill the unexpired term of the late Mr. John Bradas. Term will expire December 12, 2024. Request that a letter of appreciation be sent to the family of John Bradas for his years of loyal service and dedication to the Gravity Drainage District Board. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to appoint Linda McMann to the Alexandria/Pineville Convention & Visitors Bureau for a one (1) year term. Term will expire February 8, 2023. On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Bubba Moreau, to waive the thirty (30) day announcement rule and reappoint Reginald Allen to the Cheneyville Recreation District for a five (5) year term. Term will expire March 10, 2027. On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Bubba Moreau, to waive the thirty (30) day announcement rule and reappoint Lee Stanley to the Cheneyville Recreation District for a five (5) year term. Term will expire March 10, 2027. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to reappoint TC Barfield to the Cheneyville Recreation District for a five (5) year term. Term will expire February 13, 2027. On vote the motion carried.

On motion by Davron “Bubba” Moreau, seconded by Rusty Wilder the following resolution was offered and unanimously adopted:

RESOLUTION

A resolution approving the issuance, sale and delivery of Water Revenue Bonds of Waterworks District No. 3 of Rapides Parish, Louisiana, and providing for other matters relating thereto.

WHEREAS, the Board of Commissioners of Waterworks District No. 3 of Rapides Parish, Louisiana, acting as the governing authority of Waterworks District No. 3 of Rapides Parish, Louisiana (the "Issuer"), by resolution adopted on February 8, 2022, has authorized the issuance of not exceeding Ten Million Five Hundred Thousand Dollars ($10,500,000) of Water Revenue Bonds (the "Bonds") for the purpose of (i) paying a portion of the costs of constructing and acquiring improvements, extensions, renovations and replacements to the waterworks system of the Issuer (the "System"), including equipment, fixtures and accessories therefor, both personal and real, a work of public improvement for the Issuer, (ii) paying the cost of a reserve fund surety, and (iii) paying the costs of issuance of the Bonds, pursuant to R.S. 39:524 and the other applicable provisions of Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, said Bonds to be secured by the income and revenues derived or to be derived from the operation of the System on a parity with the Issuer's outstanding Water Revenue Refunding Bonds, Series 2020; and

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

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

SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of the Issuer, this Police Jury hereby approves the issuance and sale of not exceeding $10,500,000 of Water Revenue Bonds of Waterworks District No. 3 of Rapides Parish, Louisiana, said Bonds to be issued under the authority, for the purposes and to be payable from the sources stated in the preamble hereto. The Bonds shall bear interest at a rate or rates not to exceed 5% per annum, to be determined by subsequent resolution of the Board of Commissioners of the Issuer. The Bonds shall mature not later than 30 years from the date thereof.

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

This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Davron “Bubba” Moreau, Joe Bishop, Craig Smith, Theodore Fountaine, III Rusty Wilder, Oliver “Ollie” Overton, Jr., Sean McGlothlin and David Johnson NAYS: None ABSENT: Jay Scott

And the resolution was declared adopted on this, the 14th day of February, 2022.

On motion by Mr. David Johnson, seconded by Mr. Ollie Overton, to receive the required report from Acadian Ambulance under the Contract for December 2021: Response Number of Required Compliance Zone Responses % % Alexandria - 8 minute 456 80% 91.66% Pineville - 8 minute 143 80% 84.62% Rapides - 12 minute 205 80% 92.20% Rapides - 20 minute 173 80% 87.86% On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. Sean McGlothlin, to increase the starting base pay for Rapides Parish Fire District No. 2 Civil Service employees, from $900.00 per pay period to $975.00 per pay period and for the increase to be allocated for all classified positions according to the salary plan, effective February 13, 2022, as recommended by Fire Chief Joseph Glorioso. On vote the motion carried.

On motion by Mr. David Johnson, seconded by Mr. Ollie Overton, to authorize to enter into an Automatic Aid Agreement with LeCompte Volunteer Fire Department, Echo/Poland Volunteer Fire Department, Rapides Parish Fire District No. 18, Rapides Parish Fire District No. 12 and Rapides Parish Fire District No. 9 for structural fire response, as recommended by the Echo/Poland Volunteer Fire Department and authorize the President to sign same. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, that the following item(s) were placed on the Committee 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: Davron “Bubba” Moreau, Joe Bishop, Craig Smith, Theodore Fountaine, III, Rusty Wilder, Oliver “Ollie” Overton, Jr., Sean McGlothlin and David Johnson NAYS: none ABSTAINED: none ABSENT: Jay Scott On roll call vote the motion carried 8-0.

On motion Mr. Ollie Overton, seconded by Mr. David Johnson, to delete from the Rapides Parish Fire District No. 4 Asset/Inventory Program, the equipment listed below, as it is no longer suitable for public use and place in upcoming auction. Asset No. Description Disposal 10855 Scotsman Ice Machine To be auctioned 7773 Whirlpool Electric Stove To be auctioned SN# RY4152368 On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. David Johnson, to authorize Rapides Parish Fire District No. 3 to purchase a Lifepak 15 cardiac monitor, as recommended by Alpine Volunteer Fire Department Board of Directors. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Joe Bishop, to authorize the Rapides Parish Police Jury to enter into an agreement with ACM Contracting for asphalt roadway overlay of culvert crossing on Gilly Williams Road, at a cost of $13,575 and authorize the Parish President to sign the necessary documents, as recommended by Parish Engineer, Pan American Engineers, LLC. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to delete from the Rapides Parish Public Works Department Asset/Inventory Program the following equipment as it is no longer suitable for public use and will be placed in upcoming auction on March 5, 2022. Asset No. Description Disposal 6757 1994 Hypac Hyster To be Auctioned Roller (Small) 7576 1998 Intl Dump Truck To be Auctioned 9253 2002 John Deere Boom To be Auctioned Tractor 9291 Cutter mounted on # 9253 To be Auctioned 11263 2014 – Ford Inmate Van To be Auctioned On vote the motion carried.

On motion by Mr. Joe Bishop, seconded by Mr. David Johnson, to grant the request of the Deville Volunteer Fire Department to give all Fire Protection District No. 6 employees a .50 per hour raise across the board, effective February 13, 2022, as recommended by the Deville Volunteer Fire Department Board of Directors. On vote the motion carried.

On motion by Mr. Bubba Moreau, seconded by Mr. Ollie Overton, to waive the thirty (30) day announcement rule and reappoint Mr. Sam DeBona to the Communications District for a four (4) year term. Term will expire February 8, 2026. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to waive the thirty (30) day announcement rule and reappoint Mr. Keith Winget to the Fire District No. 7 Civil Service Board for a (3) year term. Term will expire February 7, 2025. On vote the motion carried. On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, the following resolution was presented and unanimously adopted:

RESOLUTION

BY

THE

WHEREAS, the Rapides Parish Polic e Jury received the following Proposals until February 9, 2022, for Adams Path Culvert Replacement.

CONTRACTOR LUMP SUM PRICE

  1. Clark Land Development, LLC $24,895.00
  2. MJL Construction, LLC $24,900.00
  3. Progressive Construction Company, LLC $25,288.50
  4. Boeuf Built Contracting $32,700.00

WHEREAS, the Proposals have been checked and tabulated by Pan American Engineers, LLC, with a recommendation of award being made to the low Proposer; and,

NOW, THEREFORE BE IT RESOLVED, that the contract for said service is hereby awarded to the low Prop oser, Clark Land Development, LLC, in the amount of $24,895.00, contingent upon receipt of required insurance and other contract documents.

BE IT FURTHER RESOLVED, that the President is hereby authorized to execute contracts and change orders between the Rapides Parish Police Jury and the successful Proposer.

Passed, approved and adopted by the President and Police Jury of Rapides Parish, Louisiana, on this 14th day of February, 2022.

On motion by Mr. Joe Bishop, seconded by Mr. David Johnson, to authorize the sale of the 2017 Ford Explorer (President’s Vehicle) from the Rapides Parish Administration Asset/Inventory to the Office of Economic & Workforce Development (OEWD), Asset No. 12340 for $15,000 and authorize the President to sign necessary documents. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. Rusty Wilder, to authorize a lease agreement on a 2022 Ford Expedition, through Enterprise Fleet Management, for President’s Parish Vehicle and authorize the President to sign necessary documents. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, to approve the purchase of a Drag-A-Box Material Spreader and necessary attachment for use in the Rapides Parish Public Works Department, as requested by the Public Works Director. On vote the motion carried.

On motion by Mr. Ollie Overton, seconded by Mr. David Johnson, there being no further business, the meeting was adjourned at 3:32 p.m.

Cite this document

“Minutes.” Rapides Parish Police Jury, February 14, 2022. Collected by The Kingfish Project. https://kingfish.la/documents/4d8c6e86097bca94 (accessed 2026-07-24). SHA-256: 4d8c6e86097bca94eb070ae081653d5f16d97578b6ea7acf79909acbccdae84d.

Collected as a public record by Kingfish. Text is extracted verbatim from the official document; verify it against the source PDF and the SHA-256 above.

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