A G E N D A OUACHITA PARISH POLICE JURY REGULAR MEETING TUESDAY, 5:30 P.M. OUACHITA PARISH COURTHOUSE COURTROOM 3 CALL TO ORDER: Mr. Scotty Robinson, President INVOCATION: PLEDGE OF ALLEGIANCE: ROLL CALL: Ms. Karen Cupit, Recording Secretary APPROVAL OF AGENDA: PUBLIC COMMENT PERIOD: DISCUSSION/ACTION: Motion to adopt the Minutes of the Regular Police Jury Meeting including the Committee Meeting held on June 20, 2016 SERVICE AWARDS FOR THE MONTH OF JULY: MAINTENANCE Lucille Coleman 20 Years PUBLIC WORKS Keith Styron 25 Years TREASURER LaTanya Smith 10 Years PAGE 1 OF 18
PUBLIC HEARINGS: Ordinance No. 9109 An Ordinance formally revoking certain parish roads that are no longer in use by the public and/or are no longer needed for a public purpose; and, further providing with respect thereto. Ordinance No. 9110 An Ordinance amending Ordinances No. 8539 and 8978 to provide for the division of election Precinct 1 as required by the Louisiana Secretary of State pursuant to LA. R.S. 18:532(b); and further providing with respect thereto. Ordinance No. 9111 An Ordinance altering the boundaries of West Ouachita Sewerage District No. 5 of the Parish of Ouachita to encompass the area presently constituting West Ouachita Sewerage District No. 16 of the Parish of Ouachita; abolishing said West Ouachita Sewerage District No. 16 of the Parish of Ouachita; and, further providing with respect thereto. Ordinance No. 9112 An Ordinance to authorize an Act of Sale by the Parish of Ouachita to sell adjudicated property described as: Parcel No. 13007 in accordance with LA R.S. 47: 2202 et seq. and to authorize the Ouachita Parish Police Jury president to sign all necessary documents and to address the matters relative thereto. VISITORS: 1) DEPARTMENT HEAD REPORTS ANIMAL CONTROL: FEDERAL PROGRAMS: FIRE DEPARTMENT: Ms. Stephanie Mullins, Director Ms. Doretha Bennett, Director Chief Patrick Hemphill GREEN OAKS: Mr. Lamar Anderson, Director Discussion/Action: Bid Results Third Quarter Food & Food Products HOMELAND SECURITY & EMERGENCY PREPAREDNESS: Mr. Neal Brown, Director Discussion/Action: FY 2016 Emergency Management Performance Grant Award Travel Request LIBRARY: MOSQUITO CONTROL: Ms. Robin Toms, Director Ms. Shannon Rider, Director PAGE 2 OF 18
OCC CORRECTIONS: PRE-TRIAL DETAINEES: Warden Patrick Johnson Ms. Julia Kirby, Coordinator 911 OFFICE: Mr. Craig Lott, Director * * * PERSONNEL COMMITTEE MEETING CALL TO ORDER: Dr. Ollibeth Reddix, Chairperson 1) Chief Pat Hemphill, Fire Department Discussion/Action: Personnel Actions 2) Mr. John Tom Murray, Public Works Discussion/Action: Request to Hire Survey Aide I Request to Hire Equipment Operator I (2 positions) OTHER BUSINESS: ADJOURN! PUBLIC WORKS COMMITTEE MEETING CALL TO ORDER: Mr. Shane Smiley, Chairman 1) Mr. John Tom Murray, Director Discussion/Action: Resubdivision Approval Laird Place Subdivision, Lots 2-8 Resubdivision Approval Lakeland Gardens Subdivision, Lots 15 & 16 2) Consulting Engineer(s) Discussion/Action: Parish Project Updates OTHER BUSINESS: ADJOURN! PAGE 3 OF 18
RATIFICATION OF COMMITTEE ACTIONS: MOTIONS * ORDINANCES * RESOLUTIONS: MR. SCOTTY ROBINSON, DISTRICT A: 1) DISCUSSION/ACTION: ORDINANCE NO. 9112 (FINAL) AN ORDINANCE TO AUTHORIZE AN ACT OF SALE BY THE PARISH OF OUACHITA TO SELL ADJUDICATED PROPERTY DESCRIBED AS: PARCEL NO. 13007 IN ACCORDANCE WITH LA R.S. 47: 2202 ET SEQ. AND TO AUTHORIZE THE OUACHITA PARISH POLICE JURY PRESIDENT TO SIGN ALL NECESSARY DOCUMENTS AND TO ADDRESS THE MATTERS RELATIVE THERETO WHEREAS, the immovable property described below was adjudicated to the Parish of Ouachita on July 11, 2011, for nonpayment of taxes; and WHEREAS, the three (3) year period for redemption provided by Art. 7, 25 of the Louisiana Constitution has elapsed, established by Parish Ordinance No: 9016 and the owner of record has failed to redeem the adjudicated property; and WHEREAS, LA R.S. 47: 2202 et seq. provides that the Parish may sell adjudicated property in accordance with law after the expiration of the period for redemption; and WHEREAS, the Parish of Ouachita has declared the property described below surplus and not needed for a public purpose and to dispose of said property in accordance with LA R.S. 47:2202, et seq.; and WHEREAS, in accordance with L.A. R.S. 47:2202 the Parish of Ouachita has set a minimum bid for public sale at $1,694.26; and WHEREAS, the Parish of Ouachita has received a written offer to purchase said property from The Living Trust of Leon and Lee Wesley dated May 12, 2014 for the consideration of $1,694.26 (One Thousand Six Hundred Ninety Four Dollars and Twenty Six Cents) cash, at the time of sale and has been accepted by the Ouachita Parish Police Jury; and WHEREAS, the property described herein below will be purchased through the Parish Lot Next Door program and is therefore exempt from the public bidding requirement. NOW BE IT ORDAINED by the Ouachita Parish Police Jury, that any Act of Sale of the below described property shall contain the following conditions and requirements: PAGE 4 OF 18
1) This property described as Ouachita Parish Parcel #13007, with municipal address 101 Newman Street, Monroe, LA 71202 and more fully described as: South 219.26 feet of Lot 6-A, Unit 2E, Cruse Re-Subdivision of L.P. Alexander Tract 2) This property shall be sold in accordance with LS-R.S. 47:2201 et. seq., without any warranty, from either the Parish or Management Company, whatsoever, even as to the return of the purchase price. 3) The sale shall be on a form approved by the Parish Attorney and that the sales price is paid by certified funds at the time of the sale. 4) The sale shall include a reservation of all mineral rights to the Parish, but shall convey all surface rights. 5) The following shall be completed prior to closing of sale: a. E&P LLC shall certify in writing to the Parish Attorney that they have examined the mortgage records, conveyance records, probate and civil suit records of the Parish of Ouachita and that attached to this certification will be a written list of names and last known addresses of all owners, mortgagees, and any other person who may have a vested or contingent interest in the property, or who has filed a request for notice as provided in the former provisions LS-R.S. 33:4720.17(B), as indicated in those records. b. E&P LLC will provide notice to those persons identified in accordance with LS-R.S. 47:2201 et. seq. Proof of said notice will be filed in the conveyance records of Ouachita Parish immediately after the Act of Sale. c. At the time of closing, the E&P LLC will certify in writing to Parish Attorney and Clerk of Court that the number of days mandated by LS-R.S. 47:2201 et. seq. has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed. BE IT FURTHER ORDAINED, by the Ouachita Parish Policy Jury, that the Police Jury President is hereby authorized to execute a Cash Sale of the above described adjudicated property to the highest acceptable bidder. The Cash Sale shall contain all of the above conditions and requirements and shall be executed within the timelines specified. The above Ordinance was introduced on the 20 th day of June, 2016. * * * PAGE 5 OF 18
2) DISCUSSION/ACTION: RESOLUTION NO. 16-28 A RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000) OF SALES TAX BONDS OF WEST OUACHITA ECONOMIC DEVELOPMENT DISTRICT, STATE OF LOUISIANA; PROVIDING CERTAIN TERMS OF SAID BONDS; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR THE APPROVAL OF SAID BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, West Ouachita Economic Development District, State of Louisiana (the "District") now levies a.39% sales and use tax upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in said District pursuant to Part II of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 33:9038.31 through 33:9038.42, inclusive) and other constitutional and statutory authority (the "Act") and an election held within the District on April 9, 2016, and in compliance with an ordinance adopted by the governing authority of the District (the "Governing Authority"); and WHEREAS, pursuant to and in accordance with the foregoing, the District now desires to incur debt and issue not to exceed Ten Million Dollars ($10,000,000) of its Sales Tax Bonds, in one or more series (the "Bonds"), for the purpose of undertaking economic development projects consisting of road and related infrastructure improvements for the benefit of the District and paying the costs of issuance of the Bonds; and WHEREAS, the District has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the revenues herein pledged; and BE IT RESOLVED by the Governing Authority of West Ouachita Economic Development District, State of Louisiana: SECTION 1. Preliminary Approval of Bonds. Preliminary approval is given to the issuance of not exceeding Ten Million Dollars ($10,000,000) of Sales Tax Bonds, in one or more series (the "Bonds"), of West Ouachita Economic Development District, State of Louisiana (the "District"), pursuant to Section 39:1430 of the Louisiana Revised Statutes of 1950, as amended, for the purpose of undertaking economic development projects consisting of road and related infrastructure improvements for the benefit of the District and paying the costs of issuance of the Bonds (the Project ), said Bonds to be secured by and payable from all income, revenues and receipts of, or available to, the District, including an irrevocable pledge and dedication of a.39% sales and use tax (the Tax ) now being levied and collected by the District pursuant to the Act and an election held within the District on April 9, 2016, subject to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax. The Bonds will be issued at an interest rate not exceeding 6% per annum and shall mature over a period of not exceeding twenty-five (25) years from the date of issuance. The Bonds shall be PAGE 6 OF 18
issued in fully registered form and shall have such additional terms and provisions as may be determined by this Governing Authority. SECTION 2. State Bond Commission. Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for approval of the issuance and sale of the Bonds and for consent and authority to proceed with the issuance and sale of the Bonds as provided above, and Bond Counsel is directed to make application to the State Bond Commission in accordance with the foregoing on behalf of the District. By virtue of applicant/district=s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission=s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.," adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby. SECTION 3. Declaration of Intent. Prior to the delivery of any series of the Bonds, the District anticipates that it may pay a portion of the costs of the Project from its Trust Fund, not to exceed $2,500,000. Upon the issuance of the Bonds, the District reasonably expects to reimburse any such expenditures of other available funds from a portion of the proceeds of the Bonds. Any such allocation of proceeds of the Bonds for reimbursement will be with respect to capital expenditures (as defined in Reg. 1.150-1(b)) and will be made upon the delivery of the Bonds and not later than eighteen months after the later of (i) the date such expenditure was paid or (ii) the date on which the project was placed in service, but in no event more than three years after the original expenditure was paid. This Section is intended to be a declaration of official intent within the meaning of Reg. 1.150-2. SECTION 4. Employment of Bond Counsel. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform work of a traditional legal nature as bond counsel with respect to the issuance and sale of said Bonds. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish its opinions covering the legality of the issuance of the Bonds. The fee of Bond Counsel for each series of bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General s fee guidelines for such bond counsel work in connection with the issuance of such series of revenue bonds and based on the amount of said Bonds actually issued, sold, delivered and paid for, plus out-ofpocket expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds. The President of this Governing Authority is hereby authorized and directed to execute, and this Governing Authority hereby agrees to and accepts the terms of, the engagement letter of Bond Counsel appended hereto. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated, and the Finance Director of the Parish, acting on behalf of the District, is PAGE 7 OF 18
hereby empowered and directed to provide for payment of the work herein specified upon completion thereof and under the conditions herein enumerated. SECTION 5. Appointment of Financial Advisor. The District hereby retains, of,, to act as its Municipal Advisor (AMA@) pursuant to the provisions of the Act and the rules promulgated thereunder by the Securities and Exchange Commission. The District hereby acknowledges that it is represented by the MA and will rely upon the advice of the MA with respect to the Bonds. The fee to be paid the MA shall be payable solely from the proceeds of the Bonds when and if issued, and the amount thereof shall be subject to the approval of the State Bond Commission. [The President of the Governing Authority is hereby authorized and directed to execute the contract with the MA in the form presented at this meeting.] MR. JACK CLAMPIT, DISTRICT B: 1) DISCUSSION/ACTION: * * * ORDINANCE NO. 9109 (FINAL) AN ORDINANCE FORMALLY REVOKING CERTAIN PARISH ROADS THAT ARE NO LONGER IN USE BY THE PUBLIC AND/OR ARE NO LONGER NEEDED FOR A PUBLIC PURPOSE; AND, FURTHER PROVIDING WITH RESPECT THERETO. WHEREAS, the Ouachita Parish Police Jury s inventory of parish roads includes several unimproved, rural roads that are no longer used by the public and/or no longer serve a public purpose; WHEREAS, many of these roads remain listed as parish roads despite the fact that they have not been maintained by the OPPJ for decades, have been gated by landowners, no longer serve any structures, or provide access to a single private property; and, WHEREAS, upon the review, consideration and recommendation of the Parish Engineer, the Ouachita Parish Police Jury finds that these roads should be formally revoked and no longer considered parish roads of the Ouachita Parish Police Jury. NOW, THEREFORE: BE IT ORDAINED by the Ouachita Parish Police Jury at a Regular Meeting held on July 5, 2016, that the following roads or the specifically identified portions thereof be, and are hereby, revoked; PAGE 8 OF 18
Road Name From To Length Emmett Arrant Road 1,291 W. of Jim Arrant Road Dead End 959 Gene Ethington Road Sam Murphy Road Dead End 400 Kuhn Road Tom Sturdivant Road Dead End 1,140 Layton Road Vollie Sanford Road Dead End 320 Oglesby Road Camp Road Dead End 1,000 Henry McDonald Road Will Brown Road Dead End 1,050 Gilbert Snowden Road Marion Sims Road Dead End 300 Brimberry Road LA Highway 144 Dead End 725 Steve Owens Road Cypress School Road Dead End 710 Phillips Lane Simmie Woods Road Dead End 500 Roberson Road LA Highway 151 Dead End 1,540 E. J. Crowell Road LA Highway 838 Dead End 200 Fred Lovelady Road Bogaloosa Road Lovelady Road 2,850 Ivan Owens Road LA Highway 557 Dead End 300 Colbert Camp Road U.S. Highway 80 Dead End South 750 Harry Johnson Road Clark Springs Road Dead End 925 Joseph Young Road Luebenia Road Dead End 910 Sadie Hill Road Joseph Thomas Road Dead End West 520 Parker Town Cemetery Road Ophelia Young Road Luebenia Road 620 Barfield Road Red Cut Loop Road Dead End 540 Menyweather Road Philpot Road Dead End 1,200 Jim Bounce Road Old Mineral Springs Road Dead End West 1,240 Mobley Drive LA Highway 34 Dead End 280 Sheppard Road Beulah Church Road Dead End 1,400 Grider Road Will Brown Road Dead End 715 Louis Wink Road Charlie Griggs Road Dead End 440 Marcus Young Road Old Mineral Springs Dead End 590 Nancy Harris Road William Harris Road Dead End 850 Newt Coon Extension Newt Coon Road Dead End 200 R. Grant Road Guyton Loop Road Dead End 5,420 Sally Baugh Road Cypress School Road Dead End 860 BE IT FURTHER ORDAINED that the above-stated revocation is made with a reservation of the right of ingress and egress over said roadways in favor of properties contiguous thereto. The above Ordinance was introduced on the 6 th day of June, 2016. * * * PAGE 9 OF 18
2) DISCUSSION/ACTION: ORDINANCE NO. 9111 (FINAL) AN ORDINANCE ALTERING THE BOUNDARIES OF WEST OUACHITA SEWERAGE DISTRICT NO. 5 OF THE PARISH OF OUACHITA TO ENCOMPASS THE AREA PRESENTLY CONSTITUTING WEST OUACHITA SEWERAGE DISTRICT NO. 16 OF THE PARISH OF OUACHITA; ABOLISHING SAID WEST OUACHITA SEWERAGE DISTRICT NO. 16 OF THE PARISH OF OUACHITA; AND, FURTHER PROVIDING WITH RESPECT THERETO. WHEREAS, pursuant to the provisions of La. R.S. 33:3881, et seq. the Ouachita Parish Police Jury adopted Ordinance No. 7386 on January 24, 1974, creating West Ouachita Sewerage District No. 5 of the Parish of Ouachita (hereinafter referred to as WOSD 5 ; WHEREAS, WOSD 5 has constructed operated and maintained a community sewerage system that has greatly enhanced the environment, quality of life, and prospects for residential and commercial development within the portions of western Ouachita Parish served by WOSD 5; WHEREAS, WOSD 5 is party to an agreement with the City of West Monroe whereby the sewerage collected in WOSD 5 is transported to the City of West Monroe s state-of-the art Sparta Re-use Sewerage Treatment Facility that provides drinking-water-quality effluent to Graphic Packaging, which reduces the volume of groundwater used by Graphic, and helps to slow or stop the depletion of the Sparta Aquifer; and, WHEREAS, the West Monroe treatment facility has the capacity to treat additional sewerage and to thereby provide more potable water to Graphic Packaging and increase the beneficial effect on the Sparta Aquifer; WHEREAS, pursuant to the provisions of La. R.S. 33:3881, et seq. the Ouachita Parish Police Jury adopted Ordinance No. 8688 on July 9, 2001, creating West Ouachita Sewerage District No. 16 of the Parish of Ouachita (hereinafter referred to as WOSD 16 ), a smaller sewerage district created that is contiguous to WOSD 5; WHEREAS, WOSD 16 maintains and operates community sewerage systems that employ neighborhood package treatment plants that discharge treated effluent into Steep Bayou and other natural streams; WHEREAS, in many instances property within WOSD 16, including package treatment plants and sewerage collections systems operated by WOSD 16 are located in close proximity to the WOSD 5 sewerage system; WHEREAS, an extension of WOSD 5 into the area presently constituting WOSD 16 would provide an opportunity to improve sewerage treatment in western Ouachita Parish by, inter alia, directing additional sewerage to the West Monroe treatment facility thereby increasing PAGE 10 OF 18
the benefit to the Sparta Aquifer; reducing the discharge of treated sewerage effluent into Steep Bayou and other natural streams; and, extending the benefits of community sewerage to additional areas of western Ouachita Parish; WHEREAS, neither WOSD 5 nor WOSD 16 presently levies an ad valorem tax or other sewerage assessment against properties within their respective boundaries; rather, both districts simply collects user fees from those homes and businesses connected to the community sewerage system(s) they operates; AND, WHEREAS, the Ouachita Parish Police Jury finds that altering the boundaries of WOSD 5 to encompass the area constituting WOSD 16 serves the public interest; NOW, THEREFORE: BE IT ORDAINED that pursuant to La. R.S. 33: 3884 the Ouachita Parish Police Jury hereby alters the present boundaries of West Ouachita Sewerage District No. 5 of the Parish of Ouachita to fully encompass the area presently within the boundary of West Ouachita Sewerage District No. 16 of the Parish of Ouachita, said boundaries of West Ouachita Sewerage District No. 16 being more particularly described in Ordinance No. 8537; BE IT FURTHER ORDAINED that in conjunction with the expansion of West Ouachita Sewerage District No. 5, the Ouachita Parish Police Jury does hereby abolish West Ouachita Sewerage District No. 16 of Ouachita Parish; BE IT FURTHER ORDAINED that the Police Jury President, in his capacity as the Chairman of the Board of Commissioners of West Ouachita Sewerage District No. 16 of the Parish of Ouachita be, and is hereby, immediately authorized to execute such Acts of Conveyance or other documents or agreements as are reasonable and necessary to transfer the property, sewerage treatment facilities, accounts, deposits and other assets of WOSD 16 to WOSD 5, and to otherwise carry out the intent of this Ordinance; BE IT FURTHER ORDAINED that the Public Hearing to be held at 5:30 p.m. on July 5, 2016 in the Ouachita Parish Police Jury Meeting Room (Courtroom No. 3) of the Ouachita Parish Courthouse, 300 St. John Street, Monroe, La. 71201, concerning the proposed alteration of the boundaries of West Ouachita Sewerage District No. 5 of the Parish of Ouachita and abolition West Ouachita Sewerage District No. 16 of Ouachita Parish, shall serve as the Public Hearing for this Ordinance; BE IT FURTHER ORDAINED that the alteration of the boundary of West Ouachita Sewerage District No. 5 and the abolition of West Ouachita Sewerage District No. 16 as provided for by this Ordinance shall be effective on the day of, 2016. The above Ordinance was introduced on the 20 th day of June, 2016. * * * PAGE 11 OF 18
3) DISCUSSION/ACTION: RESOLUTION NO. 16-27 A RESOLUTION REGARDING THE ISSUANCE OF DUCK BLIND PERMITS FOR CHENIERE LAKE FOR THE 2016-17 WATERFOWL SEASON; AND FURTHER PROVIDING WITH RESPECT THERETO. MR. WALT CALDWELL, DISTRICT C: * * * 1) DISCUSSION/ACTION: Traffic Control Requests to DOTD for 143 at Restful Homes Road and 165 and Lonewa 2) DISCUSSION/ACTION: ORDINANCE NO. 9110 (FINAL) AN ORDINANCE AMENDING ORDINANCES NO. 8539 AND 8978 TO PROVIDE FOR THE DIVISION OF ELECTION PRECINCT 1 AS REQUIRED BY THE LOUISIANA SECRETARY OF STATE PURSUANT TO LA. R.S. 18:532(B); AND FURTHER PROVIDING WITH RESPECT THERETO. WHEREAS, the Louisiana Secretary of State has completed the 2015 canvass and has determined that Precinct 1 of Ouachita Parish contains more than 2200 active registered voters; and, WHEREAS, La. R.S. 18:532(B)(3) provides that parish governing authorities shall divide precincts shown by the canvass to contain more than 2200 active registered voters; NOW, THEREFORE: BE IT ORDAINED by the Ouachita Parish Police Jury in legal and regular session that Ordinance No. 8539 establishing the voting precincts of Ouachita Parish be, and is hereby, amended to divide the present Precinct 1 into Precinct 1 and Precinct 1A as described more fully below. Precinct No. 1A (Ouachita Christian School) The point of beginning being the intersection with La. Hwy 134 and the City Limits of Sterlington, La.; thence northerly, northwesterly, and southwesterly along the City Limits of Sterlington, La. to its intersection with Westlake Rd.; thence northwesterly along Westlake Rd. to its intersection with the Ouachita Parish Boundary; thence northeasterly, northerly, easterly, and southeasterly along the Ouachita Parish Boundary to its intersection with La. Hwy 139; thence southerly along La. Hwy 139 to its intersection with La. Hwy 134; thence westerly along PAGE 12 OF 18
La. Hwy 134 to its intersection with Swartz Fairbanks Rd.; thence northerly along Swartz Fairbanks Rd. to its intersection with Mill Bayou; thence southwesterly along Mill Bayou to its intersection with John Turner Rd.; thence westerly on John Turner Rd. to its with La Hwy 134; thence westerly on La. Hwy 134 and back to the point of beginning. Precinct No. 1 (Ouachita Christian School) The point of beginning being the intersection with U.S. Hwy 165 (south of Lonewa Rd. 275 feet) and the City limits of Sterlington, La.; thence easterly and northerly along the City Limits of Sterlington, La. to its intersection with La. Hwy 134; thence easterly and northerly along La. Hwy 134 to its intersection with John Turner Rd.; thence easterly along John Turner Rd. to its intersection with Mill Bayou; thence northeasterly along Mill Bayou to its intersection with Swartz Fairbanks Rd.; thence south along Swartz Fairbanks Rd. to its intersection with Black Bayou; thence westerly along Black Bayou to its intersection with Arkansas, Louisiana, Missouri Railroad; thence southerly along said railroad to its confluence with Bayou DeSiard; thence northwesterly along Bayou DeSiard to its intersection with Fortune Dr.; thence westerly along Fortune Dr. to its intersection with U.S. Hwy 165; thence northerly along U.S. Hwy 165 and back to the point of beginning. BE IT FURTHER ORDAINED that Ordinance No. 8978 establishing the Police Jury Districts of Ouachita Parish be, and hereby is, amended to add the new Precinct 1A to the list of precincts comprising Ouachita Parish Police Jury District C; and, BE IT FURTHER ORDAINED that this Ordinance and the foregoing division of Precinct 1 shall be effective July 6, 2016. The above Ordinance was introduced on the 20 th day of June, 2016. * * * DR. OLLIBETH REDDIX, DISTRICT D: 1) DISCUSSION/ACTION: PAGE 13 OF 18
MR. SHANE SMILEY, DISTRICT E: 1) DISCUSSION/ACTION: RESOLUTION NO. 16-29 A RESOLUTION GRANTING AUTHORITY TO TAKE PRELIMINARY ACTION RELATIVE TO THE ISSUANCE OF NOT EXCEEDING TWO MILLION DOLLARS $2,000,000 OF THE PARISH OF OUACHITA, STATE OF LOUISIANA, REVENUE AND REFUNDING BONDS (L&R UTILITIES, INC. PROJECT), IN ONE OR MORE SERIES; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR APPROVAL; PROVIDING FOR THE EMPLOYMENT OF BOND COUNSEL AND OTHER PROFESSIONALS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Parish of Ouachita, State of Louisiana (the Issuer of the Parish ), is authorized and empowered by the provisions of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950, as amended (the Act ) and other constitutional and statutory authority supplementary thereto, specifically Section 9034.3 of Title 33 of the Louisiana Revised Statutes of 1950, to issue its revenue and refunding bonds for the purpose of using the funds derived from the sale thereof to renovate, relocate, repair or remodel existing buildings, improvements and fixtures and pay the costs of construction of public improvements and to refund outstanding debt which will further advance the public functions provided for in the Act; and WHEREAS, L&R Utilities, Inc., a Louisiana corporation (the "Corporation"), has requested that the Issuer assist, at no liability to the Parish, in financing by the issuance of bonds (i) the cost of acquiring, constructing and installing additional facilities and other improvements to the Corporation's Hidden Oaks, Parkwood, Pecan Lake, and Pine Hills sewer treatment facilities (the "Facilities"), in the Parish of Ouachita, State of Louisiana (the Project ), (ii) the refunding of three outstanding loans, and (iii) paying the costs of issuance of such bonds (collectively, the "Financing") all pursuant to approval recently granted by the Louisiana Public Service Commission; and WHEREAS, in order to accomplish the Financing, the Issuer desires to issue not exceeding Two Million Dollars ($2,000,000) aggregate principal amount of its Revenue and Refunding Bonds (L&R Utilities, Inc. Project), in one or more series (the Bonds ), pursuant to an Indenture of Trust (the Indenture ) between the Issuer and Whitney Bank, as trustee (the Trustee ), the proceeds of which Bonds are to be made available to the Corporation to finance the Project pursuant to a Loan Agreement between the Issuer and the Corporation (the Loan Agreement ) and within the Loan Agreement, the Corporation will indemnify and hold the Parish harmless from any liability with respect to the Bonds; and WHEREAS, the Project will provide public benefit for the citizens of the Parish by upgrading the existing Facilities in order to better the quality of sewer treatment for the communities within the Parish as well as to bring the Facilities into compliance with current Louisiana Department of Environmental Quality standards; and PAGE 14 OF 18
WHEREAS, the Issuer has determined that the Project will provide economic benefit to, and encourage economic development in, the Parish as a result of enhancing utility infrastructure; and WHEREAS, the Corporation will agree to make payments in amounts sufficient to pay the principal and purchase price of, premium, if any, and interest on the Bonds pursuant to the Loan Agreement and will agree to pay all of the costs and expenses of the issuance of the Bonds, the Issuer having no liability with respect thereto; and WHEREAS, the Bonds will be paid solely from the revenues derived by the Issuer pursuant to the Loan Agreement and, if applicable, payments by a guarantor or a debt service reserve fund, and the Bonds will never constitute an indebtedness or pledge of the credit of the Issuer within the meaning of any constitutional or statutory limitation of indebtedness or otherwise; and WHEREAS, all consents and approvals required to be given by public bodies in connection with the authorization, issuance and sale of the Bonds herein authorized as required by the Act have been or will be secured prior to the delivery of the Bonds; and WHEREAS, this Police Jury of the Parish of Ouachita, acting as the governing authority of the Parish, now desires to approve various financing and other documents; and provide for other matters in connection therewith; NOW, THEREFORE BE IT RESOLVED, by the Police Jury of the Parish of Ouachita, State of Louisiana, acting as the governing authority of the Parish of Ouachita, State of Louisiana (the "Governing Authority") as follows: SECTION 1. Approval. Pursuant to, and in compliance with the provisions of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950, as amended, and such other statutory and constitutional authority (the "Act'), the Governing Authority does hereby declare its intention to issue, sell and deliver not exceeding Two Million Dollars ($2,000,000) of Revenue and Refunding Bonds, in one or more series (the "Bonds"), for the purposes of accomplishing the Financing and does hereby grant approval of the Project. SECTION 2. Parameters. The Bonds shall be limited and special revenue and refunding bonds of the Issuer, secured by and payable in principal, interest and redemption premium, if any, solely, from the revenues derived by the Issuer from the Loan Agreement (the "Pledged Revenues"). The Bonds shall not be a charge on the other income and revenues of the Issuer as prohibited under the provisions of Article VI, Section 37 of the Louisiana Constitution of 1974, nor shall they constitute an indebtedness or pledge of the general credit of the Issuer. The Bonds will be issued and authorized by resolution (the Bond Resolution ) of the Governing Authority. The Bonds shall bear interest at a rate or rates not exceeding six percent (6.00%) per annum, and shall mature over a period not exceeding thirty (30) years, all in the manner provided for by the Act, be in such denomination or denominations, in fully registered form, carry such privileges, be payable in such medium of payment at such place or places, be subject to such terms of redemption and be entitled to such priorities on the Pledged Revenues as PAGE 15 OF 18
the Bond Resolution may provide. The Bonds and the Loan Agreement shall expressly state that the Issuer shall have no liability with respect to the Bonds and that the Corporation shall indemnify and hold the Issuer harmless from any and all claims or payments with respect to the Bonds. SECTION 3. SBC Application. A certified copy of this resolution shall be forwarded to the Louisiana State Bond Commission (the SBC ) by Bond Counsel (as defined below), together with a letter requesting the prompt consideration and approval of this application. SECTION 4. Bond Counsel. It is hereby recognized, found and determined that a real necessity exists for the employment of bond counsel in connection with the issuance of the Bonds, and accordingly, The Boles Law Firm, APC, Monroe, Louisiana, is hereby employed as bond counsel ( Bond Counsel ) to do and perform comprehensive legal and coordinate professional work with respect to the issuance of the Bonds. Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds, shall counsel and advise this Governing Authority as to the issuance and sale of the Bonds, shall take all steps which, in their opinion, are necessary or desirable relative to the sale of the Bonds, including without limitation, the solicitation of purchasers for the Bonds, and shall furnish its opinion covering the legality of the issuance thereof. The fee of Bond Counsel, for services rendered in that capacity in connection with the issuance of the Bonds, is hereby fixed at a sum not exceeding the maximum fee allowed by the Attorney General's fee schedule for comprehensive, legal and coordinate professional work in the issuance of revenue bonds, based on the amount of the Bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fee to be contingent upon the issuance, sale and delivery of the Bonds. Pursuant to instructions from this Governing Authority, and if deemed necessary, said Bond Counsel shall also assist in the preparation of a preliminary and final official statement containing detailed comprehensive financial and statistical data required with respect to the sale of the Bonds and the costs of the preparation and printing of such official statement shall be paid from the proceeds of the issue for which it has been prepared. SECTION 5. Municipal Advisor. It is hereby recognized, found and determined that a real necessity exists for the employment of a municipal advisor in connection with the issuance of the Bonds. The firm of Government Consultants, Inc. is hereby appointed as municipal advisor (the Municipal Advisor ) in connection with the issuance of the Bonds. Any compensation to the Municipal Advisor is to be paid from the proceeds of the Bonds and is contingent upon issuance, sale and delivery of the Bonds; and all costs incurred by the Municipal Advisor in conjunction with the issuance, sale and delivery of the Bonds must be reasonable and approved by this Governing Authority. Underwriter / Placement Agent. If it is found and determined that a necessity may exist for the employment of an underwriter or placement agent (and "Underwriter") in connection with the issuance of the Bonds, the President of the Governing Authority (the President ) upon advice of Bond Counsel, may authorize the employment of said Underwriter, provided the contracts employing such Underwriter shall be promptly submitted to the Issuer. Any compensation to the Underwriter is to be paid from the proceeds of the Bonds and is PAGE 16 OF 18
contingent upon issuance, sale and delivery of the Bonds; and all costs incurred by the Underwriter in conjunction with the issuance, sale and delivery of the Bonds must be reasonable and approved by this Governing Authority. SECTION 7. Authorization. The President and Secretary of the Governing Authority are hereby authorized to do all things necessary, on the advice of Bond Counsel, to effectuate and implement this Resolution. SECTION 8. Bond Purchase Agreement / Commitment Letter. The President is authorized to execute and deliver to the Underwriter, or such other purchaser of the Bonds as the case may be, a Bond Purchase Agreement, Commitment Letter, or such other document evidencing the intent to purchase the Bonds as the case may be, if deemed necessary upon advice of Bond Counsel. SECTION 9. Other Professionals. Should it be deemed necessary upon advice of Bond Counsel to engage other professionals, the President shall be entitled to engage such professionals provided the contracts employing such professionals shall be promptly submitted to the Issuer. SECTION 10. Professionals to Proceed. Bond Counsel, the Municipal Advisor, the Underwriter, and other professionals are hereby authorized and directed to proceed with the issuance of the Bonds and Bond Counsel is authorized and directed to prepare necessary documents appertaining thereto and to present them for further action by this Governing Authority. SECTION 11. TEFRA Hearing. The Governing Authority hereby authorizes the publication of a Notice of Public Hearing and does hereby further authorize and approve the conducting of a public hearing in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. SECTION 12. Volume Cap. The Governing Authority hereby authorized the filing of an application for a volume cap allocation in accordance with federal and state rules, and the President is hereby authorized to execute any documents Bond Counsel deems necessary to accomplish said application. SECTION 13. Effective Date. This Resolution shall become effective immediately upon adoption hereof. SECTION 14. SBC Swap Policy. By virtue of the Issuer s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission s approval(s), resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products, Hedges, Etc., adopted by the SBC on July 20, 2006, as to the borrowing(s) and other matter(s) subject to PAGE 17 OF 18
the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other products(s) or enhancement(s) covered thereby. MS. PAT MOORE, DISTRICT F: 1) DISCUSSION/ACTION: * * * ADMINISTRATIVE REPORTS: A. FISCAL: Mr. Brad Cammack, Treasurer Discussion/Action: 911 License Fees Authorization for East Town & Country Drainage District 1 and Town & Country Drainage District 1 to apply as sub-applicants as a political subdivision of the OPPJ with respect to the flooding event in march 2016 B. FIRE: Chief Pat Hemphill, Fire Department Discussion/Action: C. LEGAL: Mr. Jay B. Mitchell, Assist. Dist. Attorney Discussion/Action: Renewal Contracts for the Physician Services at Ouachita Parish Correctional Center & Green oaks Juvenile Detention Center D. PUBLIC WORKS: Mr. John Tom Murray, Director Discussion/Action: BEER AND WHISKEY APPLICATIONS: OTHER BUSINESS: DISCUSSION/ACTION: A D J O U R N! PAGE 18 OF 18