RAPIDES PARISH POLICE JURY
REGULAR SESSION
February 12, 2001
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 12, 2001, at three (3:00) o'clock p.m. (Central Standard Time).
There were present: Honorable Scott Perry Jr., President; Donald H. Wilmore, Vice President; and Police Jurors Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings.
Also present were Mr. Tim Ware, Treasurer; Ms. Donna Andries, Sales Tax Administrator; Mr. Terry G. Bounds, Economic and Workforce Development Director; Mr. Cecil Raggio, Public Works Director; Chief David Peart, Fire District No. 2; Mr. Thomas O. Wells, Legal Counsel; Ms. Candice Saucier, Civil Service Director; and Ms. Angie Richmond, Secretary.
The invocation was given by Mr. Myron K. Lawson.
The Pledge of Allegiance was led by Mr. Joe Fuller.
The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Scott Perry Jr., President, who welcomed all present and then stated that the Police Jury was ready for the transaction of business.
On motion by Mr. Richard Nunnally, seconded by Mr. Myron Lawson, to adopt the minutes of the Rapides Parish Police Jury held in Regular Session on January 8, 2001, as published in Official Journal. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Myron Lawson, that approved bills be paid. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Myron Lawson, to accept the Treasurer's Report. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Fuller, to reappoint Mr. Tommy Frazier to the Ward 9 Recreation District for a five year term, term will expire on February 12, 2006. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Don Wilmore, to lay over the appointment to the Rapides Parish Port Commission to fill the vacancy in the unexpired term created by the resignation and death of Mr. Ray Teddlie, term will expire on September 8, 2004. On vote the motion carried.
On motion by Mr. Don Wilmore, seconded by Mr. Joe Fuller, to lay over the appointment to the Ward 7 Recreation District to fill the vacancy in the unexpired term created by the resignation of Mr. Kenneth White, term will expire on October 12, 2003. On vote the motion carried.
On motion by Mr. Steve Bordelon, seconded by Mr. Joe Fuller and Mr. Don Wilmore, to reappoint Mrs. Emma Jean Huffman to the Ward 9 Recreation District for a five year term, term will expire on February 12, 2006. On vote the motion carried.
On motion by Mr. Joe Fuller, seconded by Mr. Don Wilmore, to lay over the appointment to the Port Commission for six year term to fill the expired term of Mr. Ronald Williams, term expired on September 13, 2000. On vote the motion carried.
On motion by Mr. Steve Bordelon, seconded by Mr. Joe Fuller, seconded by Mr. Don Wilmore, to reappoint Mr. Robert G. Mickel to the Ward 9 Recreation District for a five year term, term will expire on February 12, 2006. On vote the motion carried.
On motion by Mr. Bubba Moreau, seconded by Mr. Joe Fuller, to lay over the appointment to Ward 10 Recreation District for a five year term to fill the expired term of Mr. Charles E. Arrington, term expired on November 12, 2000. On vote the motion carried.
On motion by Mr. Ezra Reed, seconded by Mr. Richard Nunnally, to reappoint Mr. Randy Anthony to the Buckeye Recreation District for a five year term, term will expire on February 17, 2006. On vote the motion carried.
The following appointment was announced to be made at the next meeting to:
Wards 1 & 8 Recreation District for a five year term to fill the expiring term of Mrs. Florence Hall, term will expire on April 13, 2001.
On motion by Mr. Myron Lawson, seconded by Mr. Richard Billings and Mr. Joe Fuller, to waive the thirty day announcement rule and reappoint Mrs. Florence Hall to the Wards 1 & 8 Recreation District for a five year term, term will expire on April 13, 2006. On vote the motion carried.
On motion by Mr. Richard Billings, seconded by Mr. Richard Nunnally and Mr. Joe Fuller, to accept the resignation of Mr. Kent R. Milton from the Gas Utility District No. 2 Board effective January 31, 2001; a letter of appreciation for his service be sent; to waive the thirty day announcement rule; and appoint Mr. Mark Scarber to the Gas Utility District No. 2 Board to fill the vacancy in the unexpired term, term will expire on October 8, 2004. On vote the motion carried.
The following resolution was offered by Mr. Steve Bordelon, seconded by Mr. Richard Billings and Mr. Joe Fuller, and appreciation be expressed to the Fire Chief and firefighters for a great job in explaining the proposition to the voters:
RESOLUTION
A resolution providing for the examining and counting of the votes, examining and canvassing the returns, and declaring the result of the special election held in Fire Protection District No. 2 of the Parish of Rapides, State of Louisiana, on January 20, 2001, for the purpose of submitting to the voters of said district a proposition respecting local option in said district.
BE IT RESOLVED by the Police Jury of Rapides Parish, Louisiana, acting as the governing authority of Fire Protection District No. 2 of the Parish of Rapides, State of Louisiana:
SECTION 1. That this Police Jury does now proceed in open and public session to open the envelopes containing the official tabulations of the votes cast at the special election held in Fire Protection District No. 2 of the Parish of Rapides, State of Louisiana, on Saturday, January 20, 2001, to authorize the levy of a special tax therein, said tabulations having been prepared and certified by the election officials serving at the election polls and this Police Jury does now further proceed to examine, count and tabulate such votes and to examine and canvass the returns and declare the results of said election.
SECTION 2. That a Proces Verbal of the canvass of the returns of said election shall be made and that a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; that another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Rapides, State of Louisiana, who shall record the same in the Mortgage Records of said Office; and that a copy thereof shall be retained in the archives of the Police Jury.
SECTION 3. That the results of the said election shall be promulgated by publication in the manner provided by law.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings.
NAYS: None
ABSTAIN: None
ABSENT: None
And the resolution was declared adopted on this the 12th day of February, 2001
PROCES VERBAL OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN FIRE PROTECTION DISTRICT NO. 2 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, JANUARY 20, 2001
BE IT KNOWN AND REMEMBERED that on Monday, February 12, 2001, at three (3:00) o'clock p.m., at its regular meeting place, the Police Jury Room of the Courthouse, Alexandria, Rapides Parish, Louisiana, acting as the governing authority of Fire Protection District No. 2 of the Parish of Rapides, State of Louisiana, and being the authority ordering a special election held in said district on Saturday, January 20, 2001, with the following members present:
Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings
There being absent: None
did in public session open the official tabulations of the votes cast at the said election, as prepared and certified by the election commissioners and clerks, did examine, count and tabulate such votes, and did examine and canvass the returns and declare the results of said election, there having been submitted at said election the following proposition, to-wit:
FIRE
PROTECTION DISTRICT #2
TAX
CONTINUATION
SUMMARY
10 YEAR 15.33 MILL PROPERTY TAX CONTINUATION FOR ACQUIRING, CONSTRUCTING, IMPROVING, MAINTAINING, OR OPERATING FIRE PROTECTION FACILITIES, VEHICLES AND EQUIPMENT IN FIRE DISTRICT NO. 2.
PROPOSITION
Shall Fire Protection District No. 2 of Rapides Parish, Louisiana, levy and collect a special ad valorem tax of fifteen and thirty-three hundredths (15.33) mills on each dollar of assessed valuation on all the property subject to taxation within the confines of Fire Protection District No. 2 of Rapides Parish, Louisiana, for a period of ten (10) years, beginning with the year 2002 and ending with the year 2011, said tax to constitute a continuation of a similar tax, which will expire after the 2001 levy, for the purpose of acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection in the District?
There was found by said count and canvass that the following votes had been cast at the special election in favor of, and against, respectively, the proposition as hereinabove set forth, to-wit:
NUMBER OF VOTES FOR PROPOSITION 1,048
NUMBER OF VOTES AGAINST PROPOSITION 96
It was therefore shown that there was a majority of 952 votes cast IN FAVOR OF the proposition as hereinabove set forth.
Therefore, in accordance with the result of the canvass of the returns and action of the Police Jury of the Parish of Rapides, State of Louisiana, I, Scott Perry Jr., President of said Police Jury, do hereby proclaim, declare and announce the said proposition as hereinabove set forth to have duly CARRIED by a majority of the votes cast by the qualified electors voting at said special election held in said District on Saturday, January 20, 2001.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this the 12th day of February, 2001.
The following resolution was offered by Mr. Steve Bordelon, seconded by Mr. Richard Billings and Mr. Joe Fuller, and to express appreciation to the Fire Chief and firefighters for a great job in explaining the proposition to the voters:
RESOLUTION
A resolution providing for the examining and counting of the votes, examining and canvassing the returns, and declaring the result of the special election held in Fire Protection District No. 14 of the Parish of Rapides, State of Louisiana, on January 20, 2001, for the purpose of submitting to the voters of said district a proposition respecting local option in said district.
BE IT RESOLVED by the Police Jury of Rapides Parish, Louisiana, acting as the governing authority of Fire Protection District No. 14 of the Parish of Rapides, State of Louisiana:
SECTION 1. That this Police Jury does now proceed in open and public session to open the envelopes containing the official tabulations of the votes cast at the special election held in Fire Protection District No. 14 of the Parish of Rapides, State of Louisiana, on Saturday, January 20, 2001, to authorize the levy of a special tax therein, said tabulations having been prepared and certified by the election officials serving at the election polls and this Police Jury does now further proceed to examine, count and tabulate such votes and to examine and canvass the returns and declare the results of said election.
SECTION 2. That a Proces Verbal of the canvass of the returns of said election shall be made and that a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; that another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Rapides, State of Louisiana, who shall record the same in the Mortgage Records of said Office; and that a copy thereof shall be retained in the archives of the Police Jury.
SECTION 3. That the results of the said election shall be promulgated by publication in the manner provided by law.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings.
NAYS: None
ABSTAIN: None
ABSENT: None
And the resolution was declared adopted on this the 12th day of February, 2001
PROCES VERBAL OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN FIRE PROTECTION DISTRICT NO. 14 OF THE PARISH OF RAPIDES, STATE OF LOUISIANA, ON SATURDAY, JANUARY 20, 2001
BE IT KNOWN AND REMEMBERED that on Monday, February 12, 2001, at three (3:00) o'clock p.m., at its regular meeting place, the Police Jury Room of the Courthouse, Alexandria, Rapides Parish, Louisiana, acting as the governing authority of Fire Protection District No. 14 of the Parish of Rapides, State of Louisiana, and being the authority ordering a special election held in said district on Saturday, January 20, 2001, with the following members present:
Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings
There being absent: None
did in public session open the official tabulations of the votes cast at the said election, as prepared and certified by the election commissioners and clerks, did examine, count and tabulate such votes, and did examine and canvass the returns and declare the results of said election, there having been submitted at said election the following proposition, to-wit:
FIRE PROTECTION DISTRICT NO. 14
TAX RENEWAL
SUMMARY
10 YEAR 20 MILL PROPERTY TAX RENEWAL FOR ACQUIRING, CONSTRUCTING, IMPROVING, MAINTAINING, OR OPERATING FIRE PROTECTION FACILITIES, VEHICLES AND EQUIPMENT IN FIRE DISTRICT NO. 14
PROPOSITION
Shall Fire Protection District No. 14 of the Parish of Rapides, State of Louisiana, continue to levy and collect a special ad valorem tax of twenty (20) mills on each dollar of assessed valuation on all the property subject to taxation within the confines of Fire Protection District No. 14 of the Parish of Rapides, State of Louisiana, for a period of ten (10) years, beginning with the year 2002 and ending with the year 2011, for the purpose of acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection in the District?
There was found by said count and canvass that the following votes had been cast at the special election in favor of, and against, respectively, the proposition as hereinabove set forth, to-wit:
NUMBER OF VOTES FOR PROPOSITION 156
NUMBER OF VOTES AGAINST PROPOSITION 3
It was therefore shown that there was a majority of 153 votes cast IN FAVOR OF the proposition as hereinabove set forth.
Therefore, in accordance with the result of the canvass of the returns and action of the Police Jury of the Parish of Rapides, State of Louisiana, I, Scott Perry Jr., President of said Police Jury, do hereby proclaim, declare and announce the said proposition as hereinabove set forth to have duly CARRIED by a majority of the votes cast by the qualified electors voting at said special election held in said District on Saturday, January 20, 2001.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this the 12th day of February, 2001.
On motion by Mr. Steve Bordelon, seconded by Mr. Richard Billings and Mr. Joe Fuller, the following proclamation was presented and on vote unanimously adopted:
PROCLAMATION
WHEREAS, National Engineers Week will be celebrated the week of February 18-24, 2001; and,
WHEREAS, Engineers Week has been observed annually since 1951 during the week of George Washington's traditional birthday, in honor of the first President who was a noted military engineer and land surveyor; and,
WHEREAS, this is the 50th anniversary of National Engineers' Week; and,
WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and,
WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and,
WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and,
WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; and,
NOW, THEREFORE, I, SCOTT PERRY JR., President of the Rapides Parish Police Jury, do hereby proclaim the week of February 18-24, 2001, as Engineers Week in the Parish of Rapides, Louisiana, and urge all citizens to honor the many engineers working and living in our area.
THUS DONE AND SIGNED on this the 12th day of February, 2001.
On motion by Mr. Steve Bordelon, seconded by Mr. Richard Billings and Mr. Joe Fuller, to delegate the authority to the Public Works Director to enter into cooperative endeavors with individuals for the placing and disposal of ditch dirt, as the cost of hauling to a public location outweighs the value of the ditch dirt, as recommended by Legal Counsel. On vote the motion carried.
On motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, to authorize the Public Works Director to negotiate contract gravel hauling for the 2001 Gravel Road Priority List and 2001 Capital Improvement Gravel Road List with private haulers to be paid from Road and Bridge Funds and various road maintenance funds. On vote the motion carried.
On motion by Mr. Myron Lawson, seconded by Mr. Joe Fuller, to advertise for proposals for contract hauling pit run (annual contract), to be paid from Road and Bridge Funds and various road maintenance funds, as recommended by the Public Works Director and Purchasing Agent. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the Parish Highway Department to install speed humps on Yancy Road, Ward 4, in accordance with the petition received, to be paid out of Road District No. 1A Funds. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to request the Public Works Director to negotiate and develop a contract with the Cenla MDA for their 6th Annual Motorcycle Poker Run to be held on May 11-13, 2001 at the Cotile Recreation Area and authorize the President to sign the contract upon approval of Legal Counsel. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTIONS 18-4.2 (E) AND (G) SPEED LIMITS SO AS TO ESTABLISH THE SPEED LIMITS ON THE BOONER MILLER ROAD AT 25 MPH AND 35 MPH
WHEREAS, the Rapides Parish Police Jury on October 9, 2000, established a 25 mph speed limit on the Booner Miller Road; and,
WHEREAS, there is a section of the road, approximately one mile in length, upon which there are no residences, merely is a wooded area; and,
WHEREAS, the residents in the area have requested the speed limit in this undeveloped area be increased to 35 mph;
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 12th day of February, 2001, that Sections 18-4.2 (e) and (g) of the Rapides Parish Code of Ordinances are hereby amended and reenacted to include a 25 mph speed limit on a portion of the Booner Miller Road and a 35 mph speed limit on another portion of the Booner Miller Road, 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.
...
Booner Miller Road, Ward 11, except that portion between address ranges of 198 to 631
...
(e) Thirty-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 thirty-five (35) miles per hour:
...
that portion of Booner Miller Road, Ward 11, between address ranges of 198 to 631
...
(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 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, the following ordinance was presented and on vote unanimously adopted:
ORDINANCE
AN ORDINANCE TO AMEND AND REENACT SECTION 18-11 OPERATION OF VEHICLES WITH DUAL REAR AXLES RESTRICTED; PENALTY SO AS TO INCLUDE PROHIBITION ON MORACE ROAD
BE IT ORDAINED by the Rapides Parish Police Jury in Regular Session convened on this 12th day of February, 2001, that Section 18-11 of the Rapides Parish Code of Ordinances is hereby amended and reenacted as follows:
Chapter 18. Motor Vehicles and Traffic.
Section 18-11. Operation of vehicles with dual rear axles restricted; penalty.
(a) It is hereby declared illegal to operate motor vehicles that have dual rear axles in subdivisions located in Ward 9, District B; that portion of Wards 9 and 10 located in District C; approved subdivisions in Ward 11; on Dupree Street in its entirety, Ward 9, District B, Lower Donahue Ferry Road, Raymond Price Road, Monroe Woodson Road, Richard Sasser Road, Monroe Wilson Road, Ward 11, District C, and Morace Road, Ward 11, without having obtained a written permit from the Rapides Parish engineer or a person designated by the Rapides Parish engineer.
The permit shall be valid for a period not to exceed 15 days from the date of issuance. The permit may be issued when the use of the motor vehicle is providing a service to the residents of the subdivision, the development of the subdivision of the adjacent landowners and when in the opinion of the engineer the operation of the motor vehicle will not damage the subdivision streets. "Subdivisions" are defined as those subdivisions that have been approved by the Rapides Parish Police Jury and the Rapides Area Planning Commission.
(b) Any person who violates this section shall be subject to a five hundred dollar ($500) fine; thirty (30) days in jail, or both.
BE IT FURTHER ORDAINED in all other respects Chapter 18 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to waive the forty foot culvert limitation and authorize the Parish Highway Department to install approximately 140 feet of 12 inch culverts for Mrs. Polly on Edwards Road, the property owner to furnish culverts and the Parish Highway Department to install and back fill, to be paid out of Road District 10A Funds. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize to advertise for bids for various road improvements in Road Districts E, B, F, H, D, I and A:
District E
Ward 7
Chickamaw Road (portion)
Clifton Road (portion)
Ward 8
Downs Lane (portion)
Heron Circle
Hanes Road
Ward 1
Isabell Street
District B, Ward 9
North Sunny Hill Road (Police Jury's portion)
McConnell Drive
Diane Street
Brent Street
Jupiter Loop Road
Comet's Path Road
District I, Ward 8
Christine Drive
First Street
Second Street
On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to accept for maintenance a leg off Garnet Street, approximately 0.1 mile in length, pending proper dedication of the right of way. On vote the motion carried.
The next agenda item was to recognize Mayor Ruby Hawkins, Cheneyville, who is requesting the Police Jury for assistance in spreading asphalt around the Town Hall; however, Mayor Hawkins was not present at this time.
On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller, to authorize to enter into an Intergovernmental Agreement with the Town of Cheneyville for the Parish Highway Department to assist the Town in spreading asphalt around the Town Hall, to be paid out of Road District No. 3A (town's portion). On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
BE IT RESOLVED that the Rapides Parish Police Jury wishes to make the Secretary of Energy aware of the real crises the citizens of Rapides Parish, Louisiana, are facing, with utility bills sometimes exceeding income; BE IT FURTHER RESOLVED the Rapides Parish Police Jury requests the Louisiana Congressional Delegation assist with an energy program such as a price cap at the well head;
BE IT FURTHER RESOLVED our Congressional Delegation is also requested to grant assistance with allocation of energy assistance dollars for the elderly, indigent and infirm;
BE IT FURTHER RESOLVED the Rapides Parish Police Jury hereby requests local utility companies to work with consumers to help where and how they can help with high utility bills.
THUS PASSED AND APPROVED on this 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to request Senator John B. Breaux, Senator Mary Landrieu and Congressman John Cooksey to seek emergency funds for energy assistance for the elderly, indigent and infirm. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to request the Louisiana Department of Social Services to consider returning the LIHEAP (Low-Income Home Energy Assistance Program) for renewal every six months instead of annually. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to urge our Louisiana Legislative Delegation to consider using the utility tax windfall to help the indigent and elderly with delinquent winter heating bills. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to request the Council on Aging, the Cenla Community Action Committee, the Senior Citizens Centers, and the Retired Senior Volunteers Program to use as much of the Senior Citizens Tax revenue as possible in energy cost assistance programs to offset the rising costs of utilities. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to request the utility companies to consider allowing their customers to pay their bills according to their income level. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to amend the 2001 Rapides Parish Police Jury budget to reflect carry-in figures. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the Treasurer to amend the 2001 budget as presented and to include the allocations proposed for capital improvement/economic development;
Economic Development & Capital Improvement (from carry-over in General Fund 2000 to 2001 and increase severance by $90,000)
District F Mr. Fuller $30,000 District G Mr. Nunnally $30,000 District D Mr. Lawson $30,000 District I Mr. Perry $30,000 District B Mr. Bordelon $30,000 District E Mr. Wilmore $30,000
total $180,000
Road and Bridge Funds
District H Mr. Billings $30,000 District C Mr. Reed $30,000 District A Mr. Moreau $30,000
total $90,000
District D Mr. Lawson -$15,000*
District G Mr. Nunnally -$15,000*
removed from carry-over in Road & Bridge Fund 2000 to 2001. On vote the motion carried.
The next agenda item was to discuss a 5% cost of living increase to Police Jury employees, as budgeted, effective February 1, 2001, as referred from the Finance Committee meeting of February 5, 2001.
Amendment by Mr. Richard Billings to grant a 5% cost of living increase for all classified employees with a minimum of $100 per month increase and 3% to Department Heads.
The President ruled the amendment died for lack of a second.
Mr. Joe Fuller seconded the amendment.
On substitute motion by Mr. Steve Bordelon, seconded by Mr. Myron Lawson, to amend the budget to give a cost of living increase to all Police Jury employees, to include classified employees, at a minimum of $1,200 per year or a 5% increase, whichever is greater, and grant non-classified Department Heads a cost of living increase at $2,400 per year, effective February 1, 2001.
Mr. Billings called for point of order on which motion should be voted on first. At the request for a ruling by the President, Mr. Tom Wells, Legal Counsel, recommended the substitute motion be first submitted for a vote.
A roll call vote was called on the substitute motion and was as follows:
YES NO
Scott Perry Richard Billings
Don Wilmore
Bubba Moreau
Steve Bordelon
Ezra Reed
Myron Lawson
Joe Fuller
Richard Nunnally
On roll call vote the substitute motion carried 8-1.
The next agenda item was to discuss granting a 3% cost of living increase to Fire District No. 2 employees, effective February 1, 2001, and the mandated 2% longevity pay increase effective August 1, 2001.
On motion by Mr. Richard Billings, seconded by Mr. Joe Fuller and Mr. Don Wilmore, to grant a 5% cost of living increase on base pay and it be prorated through the ranks to Fire District No. 2 employees, effective February 1, 2001, and the mandated 2% longevity pay increase be granted effective August 1, 2001. On vote the motion carried.
On motion by Mr. Ezra Reed, seconded by Mr. Don Wilmore, to grant a 5% cost of living increase on base pay to the employees of Fire Protection District No. 7, effective February 1, 2001,as recommended by the Ruby-Kolin Volunteer Fire Association Board of Directors.
Amendment by Mr. Steve Bordelon, seconded by Mr. Joe Fuller, and to also grant the difference of 2% in addition to the 3% previously granted to the employees of Fire Protection District No. 4, for a total of 5%, if the Holiday Village Volunteer Fire Association Board of Directors so desired.
The amendment was accepted into the original motion.
On vote the motion as amended carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to adopt the Secretarys Report. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the President to appoint a Long Range Planning Committee to develop a five year plan for Rapides Parish, including future finances and capital improvement projects, to include one or two Police Juror(s), the Sales Tax Administrator, the Treasurer and economists representing Louisiana College, LSU-A, Chamber of Commerce, Central Louisiana Business League, Kisatchie-Delta Regional Planning and Development, the Workforce Development Commission and the Tourism Commission. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve modification to the School-to-Work contract with the Avoyelles Parish School Board for an Out-of-School Jobs for America's Graduates (JAG) program to increase the amount of the contract by $11,863.48; authorize the President to sign the modification and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve Year 5 School-to- Work contract with the Vernon Parish School board in the amount of $65,953 for School-to-Work activities; authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve Year 5 School-to-Work contract with the Louisiana State University at Shreveport in the amount of $42,826.50 for School-to-Work activities; authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve Year 5 School-to-Work contract with the Office of Life Long Learning in the amount of $6,566.73 for School-to-Work activities; authorize the President to sign the contract and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve a Welfare-to-Work contract with Walk-by-Faith, Inc. in the amount of $44,100 for Welfare-to-Work post-employment services; authorize the President to sign the contract and the Treasurer to amend budget as necessary. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve modification with Northcoast Administrative Consultants, Inc. to increase the contract amount by $22,500; authorize the President to sign the modification and the Treasurer to amend the budget as necessary. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve training and travel expenses for one OEWD staff member to attend the WorkKeys Job Profiler training in Dallas, TX on April 10-13, 2001 and authorize the President to sign the WorkKeys Job Profiling Agreement. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve travel expenses for two OEWD staff members to attend the Louisiana Conference on Youth in Baton Rouge, LA on February 11-13, 2001. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve travel expenses for one OEWD staff member to attend the American Society for Public Administration 2001 National Conference in Newark, NJ on March 9-13, 2001. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to approve a Case Management Training workshop for the WIA Operations Department to be conducted by IPH, Inc. on-site and authorize President to sign the contract, to be paid out of WIA Training Funds. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the expenses of any interested Police Jurors and the Treasurer to attend the energy efficiency conference to be held on February 22, 2001 in Baton Rouge. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the President to sign a grant application for the Louisiana Emergency Shelter Grants Program for the period of July 1, 2001 through June 30, 2003. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, the following resolution was presented and on vote unanimously adopted:
RESOLUTION
WHEREAS, the Drug Court Programs of the 9th Judicial District have been established and funded with grant revenues provided through the Federal and State governments; and,
WHEREAS, the Rapides Parish Police Jury is interested in continuing to prove a pro-active intervention program as a means of curtailing the problem of drug abuse in our community; and,
WHEREAS, it is being proposed that Federal grant revenues, and possibly State matching grant revenues, for the Drug Court Programs, may be discontinued with the upcoming fiscal year; and,
WHEREAS, this program offers an alternative for people who plead guilty to non-violent drug-related crimes and otherwise would be sent to the Parish jail system; and,
WHEREAS, the processing of persons with drug addiction problems through the Drug Court Program, instead of through incarceration in the State penal system, reduces the cost of serving said offenders, while providing them with assistance in working through their addictions; and,
WHEREAS, the success rate of the Drug Court Programs throughout the country has proven the effectiveness of this intervention program,
NOW, THEREFORE, BE IT RESOLVED that the Rapides Parish Police Jury does hereby support and urge the Rapides Parish congressional and legislative delegations to provide assistance in establishing and continuing grant programs available for Drug Court Programs,
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Rapides Parish congressional and legislative delegations and all Parish governments throughout the State requesting their support and assistance with this position.
THUS PASSED AND APPROVED on this 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the expenses of the Registrar of Voters to attend the Annual Registrar of Voters Association Seminar and Training to be held on February 27-March 2, 2001, to be paid out of the General Fund as budgeted. On vote the motion carried.
The following resolution was offered by Mr. Richard Nunnally and seconded by Mr. Joe Fuller:
RESOLUTION
A resolution ordering and calling a special election to be held in Road District No. 6A of the Parish of Rapides, State of Louisiana, to authorize the levy of a special tax therein, making application to the State Bond Commission and providing for other matters in connection therewith.
BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana, acting as the governing authority of the Road District No. 6A of the Parish of Rapides, State of Louisiana:
SECTION 1. That, subject to the approval of the State Bond Commission and under the authority conferred by the Constitution of the State of Louisiana for the year 1974, and other constitutional and statutory authority supplemental thereto, a special election be and the same is hereby called
and ordered to be held in Road District No. 6A of the Parish of Rapides, State of Louisiana, on Saturday, July 21, 2001, between the hours of six (6:00) o'clock a.m. and eight (8:00) o'clock p.m. in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:541), and that at said special election there shall be submitted to all registered voters within said District qualified and entitled to vote at the said election under the Constitution and Laws of this State and the Constitution of the United States, the following proposition, to-wit:
ROAD DISTRICT 6A (WARD 6) TAX
TAX RENEWAL
SUMMARY
10 YEAR 19.84 MILL PROPERTY TAX FOR CONSTRUCTION AND MAINTENANCE OF ROAD RIGHT-OF-WAY FENCING, AND CONSTRUCTION, MAINTENANCE AND DRAINAGE OF ROADS WITHIN ROAD DISTRICT NO. 6A
PROPOSITION
Shall Road District No. 6A of the Parish of Rapides, State of Louisiana, continue to levy and collect a special ad valorem tax of nineteen and eighty-four hundredths (19.84) mills on each dollar of assessed valuation on all the property subject to taxation in said District, for a period of ten (10) years, beginning with the year 2003 and ending with the year 2012, for the purpose of construction and maintenance of road right-of-way fencing, and construction, maintenance and drainage of roads within said District?
SECTION 2. There shall be published in the "The Town Talk", a daily newspaper published in the City of Alexandria, Rapides Parish, Louisiana (there being no newspaper published within said District) and being the official journal of the Rapides Parish Police Jury, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for election, notice of said election, which notice shall be substantially in accordance with the Notice of Special Election annexed hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. That the Rapides Parish Police Jury, acting as the governing authority of Road District No. 6A of the Parish of Rapides, State of Louisiana, shall meet at its regular meeting place, the office of the Rapides Parish Police Jury, Rapides Parish Courthouse, 701 Murray Street, Alexandria, Rapides Parish, Louisiana, on Monday, the 13th day of August, 2001, at three (3:00) o'clock p.m., and shall then and there in open and public session proceed to examine and count the votes, examine and canvass the returns and declare the results of the said special election.
SECTION 4. That the polling places set forth in the abovesaid Notice of Special Election and situated within the District be and the same are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall set at the minimum number required for such an election and selected as provided by law.
SECTION 5. That the officers designated to serve as Commissioners-in-Charge and Commissioners or such substitutes therefor as may be selected and designated in accordance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:1287) shall hold the said special election as herein provided, shall make due returns of said election for the meeting of the Rapides Parish Police Jury to be held on Monday, the 13th day of August, 2001, and that the compensation of the said officers be and the same is hereby fixed at the sum prescribed by law. All registered voters in the District are entitled to vote at said special election and voting machines shall be used thereat.
SECTION 6. That the Secretary of the Rapides Parish Police Jury be and she is hereby empowered, authorized anddirected to arrange for and to furnish to said election officers in ample time for holding of said election the necessary equipment, forms and other election paraphernalia essential to the proper holding of said election.
SECTION 7. That certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Election, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish of Rapides, State of Louisiana and the Registrar of Voters in and for said Parish, as notification of the special election herein called in order that each may prepare for said election and perform his respective functions as required by law.
SECTION 8. That application be and the same is hereby formally made to the State Bond Commission for consent and authority to hold the aforesaid special election as herein provided, and in the event the aforesaid proposition is carried, for consent and authority to levy the tax provided for in said proposition in the amount and for the number of years therein specified; and that a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Road District No. 6A of the Parish of Rapides, Louisiana, together with a letter requesting the prompt consideration and approval of this application.
SECTION 9. That a certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and Regulations pertaining thereto (29 C.F.R. 51.22) be submitted to the United States Attorney General for approval in compliance with the said Voting Rights Act.
SECTION 10. That the creation and existence of the Road District No. 6A of the Parish of Rapides, State of Louisiana, is hereby ratified, confirmed, and approved.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, and Richard W. Billings.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
And the resolution was declared adopted on this the 12th day of February, 2001.
EXHIBIT A
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted on the 12th day of February, 2001, by the Rapides Parish Police Jury, acting as the governing authority of Road District No. 6A of the Parish of Rapides, State of Louisiana, NOTICE IS HEREBY GIVEN that a special election will be held in the District on Saturday, July 21, 2001, at which election there will be submitted to all registered voters within said District, qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:
ROAD DISTRICT 6A (WARD 6) TAX
TAX RENEWAL
SUMMARY
10 YEAR 19.84 MILL PROPERTY TAX FOR CONSTRUCTION AND MAINTENANCE OF ROAD RIGHT-OF-WAY FENCING, AND CONSTRUCTION, MAINTENANCE AND DRAINAGE OF ROADS WITHIN ROAD DISTRICT NO. 6A
PROPOSITION
Shall Road District No. 6A of the Parish of Rapides, State of Louisiana, continue to levy and collect a special ad valorem tax of nineteen and eighty-four hundredths (19.84) mills on each dollar of assessed valuation on all the property subject to taxation in said District, for a period of ten (10) years, beginning with the year 2003 and ending with the year 2012, for the purpose of construction and maintenance of road right-of-way fencing, and construction, maintenance and drainage of roads within said District?
The said special election will be held at the following polling places situated within the corporate limits of Road District No. 6A of the Parish of Rapides, State of Louisiana, which polls will open at six (6:00) o'clock a.m. and close at eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:541), to-wit:
PRECINCT LOCATION
88A Fire Dist #10 Station, Union Hill (split)
89 Plainview School
That the polling places set forth above and situated within the District be and the same are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be set at the minimum number required for such an election and selected as provided by law.
The said special election will be held in accordance with the provisions of Chapter 6-A of Title 28 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, and the officers appointed to hold the said election, as provided in this notice of special election, or such substitutes therefor as may be selected and designated in compliance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950 (R.S. 18:1287) will make due returns thereof to the Police Jury of Rapides Parish, and NOTICE IS FURTHER GIVEN that the Rapides Parish Police Jury, acting as the governing authority of Road District No. 6A of the Parish of Rapides, State of Louisiana, will meet at its regular meeting place, the Rapides Parish Courthouse, 701 Murray Street, Alexandria, Louisiana, on Monday, the 13th day of August, 2001, at three (3:00) o'clock p.m., and will then and there in open and public session proceed to examine and count the votes, examine and canvass the returns and declare the results of said special election. All registered voters within Road District No. 6A of the Parish of Rapides, State of Louisiana, are entitled to vote at the said special election, and voting machines will be used thereat.
THUS DONE AND SIGNED at Alexandria, Rapides Parish, Louisiana, on this the 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to accept the donation from the Holiday Village Volunteer Fire Association of property adjacent to its Fire Station No. 1, located at 5400 Highway 28 East, and authorize the President to sign same upon approval of Legal Counsel. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the expenses of the Fire District No. 7 Secretary who attended a computer training course held on January 15, 2001 in Lafayette, as recommended by the Ruby-Kolin Volunteer Fire Association, to be paid out of Fire Protection District No. 7 Funds. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize the expenses of three firefighters to attend a Mini Firefighters School to be held at LSU in Baton Rouge on March 9-11, 2001, as recommended by the Spring Creek Volunteer Fire Association Board of Directors, to be paid out of Fire Protection District No. 11 Funds. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authorize Fire District No. 2 to sell two GMC Class A Pumpers, being Engine 10 with Asset Number 5611 and Engine 5 with Asset Number 6407, on sealed bids with preference being given to bids received from fire departments within the parish, as recommended by the Fire Chief of Fire District No. 2. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to extend the Automatic Aid Agreement between Fire District No. 11, the Spring Creek Volunteer Fire Association, and the Town of Glenmora for approximately six months and authorize the President to sign necessary documents. On vote the motion carried.
The next item on the agenda was to discuss authorization for the Parish Engineer to issue sewer effluent discharge permits under the provisions of Section 14-6 "Existing systems and/or residents without an approved system" of the Rapides Parish Code of Ordinances, as referred from the Special Police Jury Meeting held on January 31, 2001, and as referred from the Economic Planning and Development Committee meeting of February 5, 2001.
Mr. Billings expressed his concern on increasing complications arising on the sewer effluent discharge permit ordinance adopted by the Police Jury on December 11, 2000. Specifically, his concerns were whether the property owner could be required to assume the liability, responsibility for cleaning up any damage, indemnify the Police Jury; agree to defend the Police Jury for any resulting litigation and have a separate insurance policy providing coverage on the sewer system; and whether the Rapides Area Planning Commission could issue the permit instead of the Parish Engineer.
Mr. Thomas O. Wells, Legal Counsel, advised that we could require the permittee to indemnify the Police Jury, but without insurance for the financial considerations, the protection is only as good as the solvency of the property owner. He briefly reviewed aspects of the Smith vs. Cutts court case.
Mr. Gary Lincecum, Chief Sanitarian and Parish Manager for the Health Unit, reminded the issue is Ordinance Section 14-6 Existing Systems and/or Residents Without an Approved System and stated there were only five to six household discharge permit applications pending that required the Police Jury to grant a sewer effluent discharge permit into a Parish ditch before he would approve their permits. He felt the Parish Engineer needed to inspect the proposed location to determine whether the effluent water would drain into the ditch or not, with requirements such as LDOTD for a minimum of 100' of field line and discharge on the upstream side of the ditch.
Mr. Billings suggested the Rapides Area Planning Commission verify the insurance, which would include stipulation of indemnification of the Police Jury by the property owner, and issue the permit after a written report from the Parish Engineer.
Mr. Lawson suggested the Rapides Parish Police Jury be listed as additional insured on an insurance policy from a permittee.
On motion by Mr. Richard Billings, seconded by Mr. Richard Nunnally, the following ordinance was presented; to require the sewer effluent discharge permittee assume the liability and indemnify the Police Jury, property owners to provide proof of homeowners insurance that would provide this indemnification, naming the Rapides Parish Police Jury as an additional insured, the Parish Engineer to inspect, the Rapides Area Planning Commission to issue the permit, the ordinance drafted by Legal Counsel:
ORDINANCE
AN ORDINANCE AMENDING AND REENACTING SECTION 14-6 OF THE RAPIDES PARISH CODE OF ORDINANCES ENTITLED EXISTING SYSTEMS AND/OR RESIDENTS WITHOUT AN APPROVED SYSTEM, BY THE ADDITION OF REQUIREMENTS FOR A PERMIT ISSUED UNDER THIS PROVISION AND RELATED MATTERS THERETO.
NOW, THEREFORE, BE IT ORDAINED by the Rapides Parish Police Jury convened in Regular Session on February 12, 2001, that Section 14-6 of the Rapides Parish Code of Ordinances is hereby amended and re-enacted as follows:
CHAPTER 14. HEALTH AND SANITATION
ARTICLE I. IN GENERAL
Section 14-16. Existing systems and/or residents without an approved system.
A. When an existing disposal system fails, existing single family residences, mobile homes, and businesses must get written permission from the Rapides Parish Police Jury to discharge to the ditch before system is replaced or brought up to compliance with the Louisiana State Sanitary Code.
B. Existing is defined as any system installed prior to December 11, 2000.
C. Prior to the issuance of any permit which allows discharge the owner of the residence, mobile home or business must execute a permit application. The permit application shall provide the name, address and social security number of all owners of the property; the legal description of the property and that if the permit is granted and the permittee is allowed to discharge into the parish ditch the permittee agrees that this permission is granted conditioned upon the following conditions:
1. The permittee agrees to indemnify and hold the Police Jury, its employees, agents and assigns harmless from any liability which arises out of the discharge of effluent into the ditch. The permittee agrees that if any claim is made against the Police Jury, its employees, agents or assigns the permittee agrees to defend the claim and shall be responsible for all damages, including attorney fees, which may be rendered against the Police Jury, including claims for loss of use, depreciation, personal injury, bodily injury, property damage and any other damage which arises out of the issuance of the permit, the discharge of effluent into the parish ditch and the possible escape of effluent from the ditch.
2. The permittee shall also obtain and maintain at their own expense a policy of insurance issued by an insurance company licensed to do business in the State of Louisiana which provides coverage for this indemnification in the limits of $100,000.00 per occurrence. The policy of insurance shall name the Rapides Parish Police Jury as an additional insured and shall provide that the Rapides Area Planning Commission shall be notified ten days prior to the termination of the policy.
3. Permittee acknowledges that the permission to discharge effluent into the parish ditch is not a right and that permission to discharge may be withdrawn or terminated.
D. The permission is granted only as long as the single family residence, mobile home or business maintains the disposal system in compliance with the Louisiana State Sanitary Code and that the discharge does not create a nuisance or damage to others. Further the permission shall terminate immediately without notice if the permittee fails to maintain the required insurance.
E. The permission is granted only for the single family residence, mobile home or business which was in place at the time the permit was issued. If the residence, mobile home or business is destroyed or removed then the permission is withdrawn.
F. Further, any modification, addition, expansion or change in the single family residence, mobile home or business which increases the effluent discharge into the parish ditch voids or nullifies the permit.
G. The Rapides Parish Police Jury authorizes the Rapides Area Planning Commission Office to issue the permit upon receipt of a fully executed permit application, a certificate of insurance and written notification from the Rapides Parish Police Jury Public Works Director.
BE IT FURTHER ORDAINED that this ordinance is to be effective immediately.
BE IT FURTHER ORDAINED in all other respects Chapter 14 of the Rapides Parish Code of Ordinances shall remain unchanged.
THUS DONE AND SIGNED on this 12th day of February, 2001.
Mr. Tim Ware, Treasurer, advised he had met with Mr. Perry and two of his constituents, who had purchased two lots of 60' x 100' each, cleared the burnt trailers off the lots, and found they could not get a sewer permit because the lots were too small and not contiguous for enlargement. There is no solution for this situation. Mr. Lincecum noted the Police Jury should understand that not all land is usable or liveable.
On vote the motion carried. Mr. Myron Lawson objected.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, that the rates submitted for ambulance service for Rapides Parish received from Med Express, in accordance with Section 4-1/2.70, be referred to the Emergency Medical Care Board for a recommendation back to the Police Jury. On vote the motion carried.
The following resolution was offered by Mr. Richard Nunnally and seconded by Mr. Joe Fuller:
RESOLUTION
A resolution approving the issuance, sale and delivery by the Rapides Finance Authority, of not exceeding Ten Million Dollars ($10,000,000) of Single Family Mortgage Revenue Bonds, (GNMA and FNMA Mortgage-Backed Securities Program) Series 2001, in one or more series and the public hearing held on January 4, 2001, concerning the issuance of the Bonds; and providing for other matters in connection therewith.
WHEREAS, the Rapides Finance Authority (the "Authority") proposes to issue not exceeding Ten Million Dollars ($10,000,000) of its Single Family Mortgage Revenue Bonds, (GNMA and FNMA Mortgage-Backed Securities Program) Series 2001, in one or more series (the "Bonds") for the purpose of providing funds to finance mortgage loans to be originated by participating mortgage lenders and/or purchasing mortgage backed securities issued by Fannie Mae and/or the Government National Mortgage Association backed by mortgage loans originated by participating lenders and to pay cost of issuance of the Bonds; and
WHEREAS, the Authority has requested that this Police Jury approve the issuance, sale and delivery of said Bonds of the Authority; and
WHEREAS, as required by Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve the issuance of said Bonds of the Authority; and
WHEREAS, the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") require that an applicable elected representative of a governmental unit approve the issuance of obligations after a public hearing following reasonable public notice; and
WHEREAS, a notice of public hearing was published on December 20, 2000 in the "Alexandria Daily Town Talk", a daily newspaper of general circulation, published in Alexandria, Parish of Rapides, State of Louisiana, in a manner sufficient to inform the public and potential competitors of the subject, date, and place of such public hearing; and
WHEREAS, pursuant to the terms of the notice, a public hearing was held on behalf of the Authority at the Rapides Parish Courthouse, 701 Murray Street, Police Jury Meeting Room, 2nd Floor, Alexandria, Louisiana on January 4, 2001, at which public hearing no objections were received to the issuance of the Bonds; and
WHEREAS, this Police Jury has received a report from the Authority on the events that occurred at such public hearing; and
WHEREAS, this Police Jury is the elected legislative body of the Parish of Rapides, on behalf of which it may be considered that the Authority will issue the Bonds (by virtue of the fact that it appoints the members of the governing authority of the Authority) and this Police Jury desires, in accordance with the requirements of the Code and Louisiana law to approve the TEFRA hearing and to ratify its prior approvals with respect to the sale and issuance of the Bonds;
NOW THEREFORE BE IT RESOLVED by the Police Jury 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 Trustees of the Rapides Finance Authority, this Police Jury hereby approves the issuance, sale and delivery of not exceeding Ten Million Dollars ($10,000,000) of Rapides Finance Authority Single Family Mortgage Revenue Bonds, (GNMA and FNMA Mortgage-Backed Securities Program) Series 2001, to mature over a period not exceeding forty-two (42) years and to bear interest at a rate not exceeding 9%.
SECTION 2. The Bonds shall be solely the limited obligation of the Authority and not the State or the Parish of Rapides and shall be payable solely from the trust estate pledged under a Indenture of Trust pursuant to which the Bonds will be issued, between the Authority and Bank One Trust Company, N.A., as trustee. The Parish of Rapides and this Police Jury shall not be liable in any manner for the payment of said Bonds, and no funds of the Parish or the Police Jury shall be pledged to the payment thereof.
SECTION 3. The issuance of the Bonds by the Authority for the hereinabove described purposes, and the TEFRA hearing held on January 4, 2001, with respect thereto, is hereby approved.
SECTION 4. This Police Jury shall under no circumstances incur, be liable for, or accept any financial obligation in connection with the issuance of the Bonds, and the Bonds shall never constitute an indebtedness or pledge of the general credit of the Parish of Rapides or the State of Louisiana.
This resolution having been submitted to a vote thereon was as follows:
YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, Richard W. Billings.
NAYS: None.
ABSENT: None.
ABSTAINING: None.
And the resolution was declared adopted on this, the 12th day of February, 2001.
The following resolution was offered by Mr. Richard Nunnally, seconded by Mr. Joe Fuller:
RESOLUTION
A resolution approving the issuance of $1,000,000 of Certificates of Indebtedness, Series 2001, of the Rapides Parish Communications District, State of Louisiana, and providing for other matters in connection therewith.
WHEREAS, the Board of Commissioners of the Rapides Parish Communications District, State of Louisiana (the "District"), adopted on January 10, 2001, a resolution requesting that this Police Jury approve the issuance of One Million Dollars ($1,000,000), for the purpose of acquiring, constructing, furnishing and equipping new offices and facilities for the District, and paying the costs of issuance thereof; and
WHEREAS, in compliance with the terms and provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve said borrowing;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Rapides, State of Louisiana (the "Police Jury"), acting as the governing authority of the Parish of Rapides, State of Louisiana (the "Parish"), meeting in legal and regular session, 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 Rapides Parish Communications District, State of Louisiana (the "Issuer"), this Police Jury hereby approves the issuance of One Million Dollars ($1,000,000) of Certificates of Indebtedness, Series 2001 (the "Certificates") of the Issuer for the purpose of acquiring, constructing, furnishing and equipping new offices and facilities for the District, and paying the costs incurred in connection therewith. The Certificates are to be payable from and secured solely from the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Certificates are outstanding. The Certificates shall bear interest at the rate of four and one-half percent (4.50%) per annum and shall mature no later than February 1, 2011. Neither Rapides Parish nor this Police Jury shall in any way be liable for the payment of principal and/or interest on the Certificates.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Scott Perry Jr., Donald H. Wilmore, Davron "Bubba" Moreau, Steve P. Bordelon, Ezra L. Reed, Myron K. Lawson, Joe Fuller, Richard L. Nunnally, Richard W. Billings.
NAYS: None.
ABSENT: None.
And the resolution was declared adopted on this the 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, the following resolution was presented, as recommended by the Treasurer, and on vote unanimously adopted:
Resolution
BE IT RESOLVED by this Police Jury in Regular Session duly convened and assembled, a quorum being present, that it does hereby ratify and approve the amended budget for the calendar year 2000 and the original budget for the calendar year 2001, duly adopted by the North Louisiana Criminalistic Laboratory Commission, the same having been furnished to this Police Jury by said Commission and being on file in the office of the Secretary hereof.
THUS DONE AND SIGNED on this 12th day of February, 2001.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to request the Board of Elementary and Secondary Education to renew the lease of 4.486 acres, more or less, behind the Special Education Center, which has lapsed, under the same terms and conditions as previous leases, and authorize the President to sign the renewal. On vote the motion carried.
On motion by Mr. Richard Nunnally, seconded by Mr. Joe Fuller, to authori