CROWLEY, LOUISIANA
JUNE 20, 2006
The Acadia Parish Police Jury met on the above date at 6:30 p.m., in the
Police Jury Meeting Room, Courthouse Building, Crowley, Louisiana, in regular
session with the President, Cecelia B. Chambers, presiding. At the request of
the President, a moment of silence was offered and the Pledge to the Flag
was recited in unison. The Roll was called and final attendance was recorded
as follows:ALTON STEVENSON
A. J. BROUSSARD
JOHN HUMBLE, SR
CECELIA B. CHAMBERS
JIMMIE PELLERIN
A. J. CREDEUR
CADE BENOIT
FELTON MOREAUA motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John Humble, Sr.,
to approve the Minutes of the June 6,, 2006, Regular Police Jury Meeting, as
corrected. Motion carried
APPOINTMENTS
RESOLUTION No. 6-06-1
BY MESSRS: CADE BENOIT AND ALTON STEVENSONBE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly
convened this 20th day of June, 2006, does hereby appoint MESSRS. TROY
RICHARD and ROLAND ANDRUS to the Bayou Plaquemine & Wikoff Drainage
District for a four year term effective June, 2006.ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENTMr. A. J. Credeur asked to postpone, until the July 18, 2006 Regular meeting,
appointments to Fire Protection District # 6.
FINANCEA motion was offered by Mr. Jimmie Pellerin and, seconded by Mr. Alton
Stevenson to approve bills for payment. Motion Carried.A motion was offered by Mr. Alton Stevenson and, seconded by Mr. Cade Benoit to
approve funding allocation to supplement the needs of the Acadiana Criminalistic
Laboratory, less outside contributions from other sources, at an additional cost of
$15,000.00 to $ 20,000.00. Motion Carried.
RESOLUTION No. 6-06-2The following resolution was offered by Mr. Cade Benoit, seconded by Mr. Jimmie
Pellerin, and duly resolved and adopted:WHEREAS, the firm of Broussard, Poché, Lewis & Breaux submitted a proposal to
serve as independent auditors to audit the financial statements of the Acadia
Parish District Criminal Court Fund, a component unit of the Acadia Parish Police
Jury; andWHEREAS, the proposal is for an audit examination of the financial statements
of the Acadia Parish District Criminal Court Fund as of December 31, 2005, and
for the year ended; andWHEREAS, the audit is to be in accordance with auditing standards generally
accepted in the United States of America by the American Institute of Certified
Public Accountants and Government Auditing Standards, promulgated by the United
States Comptroller General, furthermore the audit will comply with the provisions
of Louisiana Revised Statute 24:513 and the provisions of the Louisiana
Governmental Audit Guide, published jointly by the Society of Louisiana Certified
Public Accountants and the Louisiana Legislative Auditor; andTHEREFORE, BE IT RESOLVED the Acadia Parish Police Jury, in regular session duly
convened on this the 20th day of June, 2006, does hereby accept the proposal
submitted by Broussard, Poché, Lewis & Breaux to audit financial statements of
the Acadia Parish Criminal Court Fund; and,BE IT FURTHER RESOLVED that the President is hereby empowered, authorized
YEAS: Mr. Alton Stevenson, Mr. John Humble, Sr., Mr. Cade Benoit, Mr. A.J.
and directed to execute an engagement letter with said Broussard, Poché, Lewis
& Breaux for said purpose.
Benoit, Mr. Jimmie Pellerin, Mr. Felton Moreau, Mr. A.J. Credeur, Mrs.
Cecelia B. ChambersNAYS: None
ABSENT: None
ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin_______ /s/ Cecelia B. Chamber
The following resolution was offered by Mr. A. J. Credeur and seconded by Mr. Cade
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
RESOLUTION No. 6-06-3
Benoit:
A resolution providing for the incurring of debt and issuance, execution,
negotiation, sale and delivery of Five Million Dollars ($5,000,000) of
Certificates of Indebtedness, Series 2006 (the “Certificates”), of Sales
Tax District No. 2 of the Parish of Acadia, State of Louisiana; prescribing
the form, terms and conditions of the Certificates; designating the date,
denomination and place of payment thereof in principal and interest;
making application to the Louisiana State Bond Commission; authorizing
the agreement with the Paying Agent; providing for the employment
of bond counsel; providing for the acceptance of an offer for the
purchase of the Certificates; and providing for other matters in
connection therewith.WHEREAS, the Budget of Revenues and Expenses for Sales Tax District No. 2 of the
Parish of Acadia, State of Louisiana (the "Issuer"), for the fiscal year ending December
31, 2006, including funds budgeted for the payment of the Certificates herein authorized,
shows an excess of revenues over statutory, necessary and usual charges and all
other expenses for such fiscal year [after taking into account funds set aside for the
payment of annual debt service on the Outstanding Parity Certificates (hereinafter
defined)], sufficient to meet the maximum principal and interest requirements in any
future year on the Certificates of Indebtedness authorized herein (the "Certificates"),
and the Issuer will herein obligate itself and its successors in office to budget and set
aside annually adequate funds for the payment of the Certificates, in principal and
interest in future years; andWHEREAS, Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised
Statutes of 1950, as amended (R.S. 33:2921 - 33:2925) (the “Act”), and other
constitutional and statutory authority, authorize the Issuer to make and enter into
contracts dedicating the excess of annual revenues of subsequent years, from
any source, above statutory, necessary and usual charges to the payment of the
cost of public improvements which are to be borne by the Issuer under such contracts;
andWHEREAS, pursuant to and in accordance with the foregoing, the Issuer now desires
to incur debt and issue Five Million Dollars ($5,000,000) of its Certificates of
Indebtedness, Series 2006, in the manner authorized and provided by the Act, as
hereinafter provided, for the purpose of repairing, constructing, and improving Parish
roads and bridges in the unincorporated areas of the Parish of Acadia, State of
Louisiana, including incidental drainage in connection therewith, and paying the costs
of issuance of the Certificates; andWHEREAS, the Issuer is not now a party to any contract pledging or dedicating its
excess of annual revenues above statutory, necessary and usual charges, except
with respect to the Issuer’s Refunding Certificates, Series 2002, dated November 1,
2002, issued in the original principal amount of $3,905,000, pursuant to a resolution
adopted on September 17, 2002; of which $925,000 is currently outstanding; andWHEREAS, it is the desire of the Issuer to fix the details necessary with respect to the
issuance of the Certificates and to provide for the authorization and issuance
thereof; andWHEREAS, it is the further desire of the Issuer to provide for the sale of the Certificates
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Acadia,
to the Purchaser (hereinafter defined) at the price and in the manner hereinafter
provided;
State of Louisiana, acting as the governing authority of Sales Tax District No. 2 of the
Parish of Acadia, State of Louisiana, that:
SECTION 1 Definitions. As used herein, the following terms shall have the following
meanings, unless the context otherwise requires:"Act” shall mean Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised
Statutes of 1950, as amended (R.S. 33:2921 - 33:2925), and other constitutional and
statutory authority."Additional Parity Obligations” shall mean any pari passu additional obligations
hereafter issued by the Issuer on a parity with the Certificates and the Outstanding
Parity Certificates, with respect to the excess of annual revenues of the Issuer, all as
provided herein."Agreement" shall mean the agreement to be entered into between the Issuer and the
Paying Agent pursuant to this Resolution."Bond Counsel" shall mean an attorney or firm of attorneys whose experience in
matters relating to the issuance of obligations by states and their political subdivision is
nationally recognized."Certificate" or “Certificates” shall mean the Issuer's Certificates of Indebtedness,
Series 2006, authorized by this Resolution, in the total aggregate principal amount
of Five Million Dollars ($5,000,000), whether initially delivered or issued in exchange for,
upon transfer of, or in lieu of any Certificate previously issued."Certificate Register" shall mean the records kept by the Paying Agent, hereinafter
defined, at their principal corporate office in which registration of the Certificates and
transfers of the Certificates shall be made as provided herein."Code" shall mean the Internal Revenue Code of 1986, as amended.
"Executive Officers" shall mean, collectively, the President and the Secretary-
Treasurer of the Governing authority."Fiscal Year" shall mean the one-year accounting period commencing on January 1 of
each year, or such other one-year period as may be designated by the Governing
Authority as the fiscal year of the Issuer."Governing Authority" shall mean the Police Jury of the Parish of Acadia, State of
Louisiana."Government Securities" shall mean direct obligations of, or obligations the principal of
and interest on which are unconditionally guaranteed by the United States of America,
which are non-callable prior to their maturity, may be United States Treasury obligations
such as the State and Local Government Series and may be in book-entry form."Interest Payment Date" shall mean May 1 and November1 of each year during which
the Certificates are outstanding, commencing November 1, 2006."Issuer" shall mean the Parish of Acadia, State of Louisiana.
"Outstanding" when used with respect to the Certificates shall mean, as of the date
1. Any Certificate theretofore canceled by the Paying Agent or delivered to the
of determination, any Certificate theretofore issued and delivered under this Resolution,
except:
Paying Agent for cancellation;
2. Any Certificate for which payment sufficient funds or government securities,
or both, have been theretofore deposited in trust for the owners of such Certificate
with the effect specified in this Resolution or by law;
3. Any Certificate in exchange for or in lieu of which another Certificate has been
registered and delivered pursuant to this Resolution; and
4. Any Certificate alleged to have been mutilated, destroyed, lost or stolen which
may have been paid as provided in this Resolution or by law.“Outstanding Parity Certificates” shall mean the Issuer’s outstanding Refunding Certificates,
Series 2002, dated November 1, 2002, described in the preamble of this Resolution."Owner" or “Owners” when used with respect to any Certificate shall mean the Person in
whose name such Certificate is registered in the Certificate Register."Parity Resolution" shall mean the resolution adopted by the Governing Authority of the
Issuer on September 17, 2002, authorizing the issuance of the Outstanding Parity Certificates."Paying Agent" shall mean IberiaBank, of Lafayette, Louisiana, until a successor Paying
Agent shall have been appointed pursuant to the applicable provisions of this Resolution
and thereafter "Paying Agent" shall mean such successor Paying Agent."Person" shall mean any individual, corporation, partnership, joint venture, association,
joint-stock company, trust, unincorporated organization or government or any agency or
political subdivision thereof."Purchaser" shall mean IberiaBank, of Lafayette, Louisiana.
"Record Date" for the interest payable on any Interest Payment Date shall mean the 15th
calendar day of the month next preceding such Interest Payment Date."Resolution" shall mean this resolution authorizing the issuance of the Certificates, as it may
be supplemented and amended.SECTION 2 Authorization of the Certificates; Maturities. Subject to the approval of the
Year Payment
Louisiana State Bond Commission, and in compliance with the terms and provisions of the
Act, and other applicable constitutional and statutory authority, there is hereby authorized
the incurring of an indebtedness of Five Million Dollars ($5,000,000) for, on behalf of, and
in the name of the Issuer, for the purpose of repairing, constructing, and improving
Parish roads and bridges in the unincorporated areas of the Parish of Acadia, State of Louisiana,
including incidental drainage in connection therewith, and paying the costs of issuance of the
Certificates, and to represent said indebtedness this Governing Authority does hereby
authorize the issuance of its Certificates of Indebtedness, Series 2006, in the principal
amount of Five Million Dollars ($5,000,000) . The Certificates shall be in fully registered
form, shall be dated August 1, 2006, shall be issued in the denomination of Five
Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity
and shall be numbered from R-1 upward. The unpaid principal of the Certificates shall
bear interest at the rate of three and ninety-nine hundredths per centum (3.99 %)
per annum from the date thereof, or from the most recent Interest Payment Date to which
interest has been paid or duly provided for, payable on each Interest Payment Date,
commencing November 1, 2006, and shall mature serially on May 1 of each year as follows:
2008 $ 915,000
2009 960,000
2010 1,000,000
2011 1,040,000
2012 1,085,000The principal of the Certificates, upon maturity or redemption, shall be payable at the
principal office of the Paying Agent, upon presentation and surrender thereof, and
interest on the Certificates shall be payable by check of the Paying Agent mailed by
the Paying Agent to the Owner (determined as of the close of business on the Record
Date) at the address shown on the Certificate Register (determined as of the close
of business on the Record date) at the address shown on the Certificate. Each
Certificate delivered under this Resolution upon transfer of, in exchange for or in lieu of
any other Certificate shall carry all the rights to interest accrued and unpaid, and
to accrue, which were carried by such other Certificate, and each such Certificate
shall bear interest (as herein set forth) so neither gain nor loss in interest shall result
from such transfer, exchange or substitution.No Certificate shall be entitled to any right or benefit under this Resolution, or be valid or
obligatory for any purpose, unless there appears on such Certificate a certificate of
registration, substantially in the form provided in this Resolution, executed by the
Paying Agent by manual signature.The Certificates are hereby issued on a parity with the Outstanding Parity Certificates,
and the Certificates shall rank equally with and enjoy complete parity of lien with the
Outstanding Parity Certificates on the excess of annual revenues of the Issuer above
statutory, necessary and usual charges in each of the Fiscal Years during which the
Certificates and the Outstanding Parity Certificates are outstanding. It is certified that
the Issuer has complied with or will comply with prior to the issuance of the Certificates,
all the terms and conditions for the issuance of Additional Parity Obligations set forth in
the Parity Resolution.SECTION 3 Redemption Provisions. Those Certificates maturing May 1, 2010, and
thereafter, shall be callable for redemption by the Issuer in full, or in part, at any time
on or after May 1, 2009 (but if in part, in the inverse order of their maturities, and if less
than a full maturity, then by lot within such maturity), at the principal amount thereof
and accrued interest to the date fixed for redemption. In the event a Certificate to be
redeemed is of a denomination larger than Five Thousand Dollars ($5,000), a portion
of such Certificate ($5,000 or any multiple thereof) may be redeemed. Any Certificate
which is to be redeemed only in part shall be surrendered at the office of the Paying
Agent and there shall be delivered to the Owner of such Certificate, a new Certificate
of the same maturity and of authorized denomination as requested by such Owner in
aggregate principal amount equal to and in exchange for the unredeemed portion of the
principal of the Certificate so surrendered. Official notice of such call of any of the
Certificates for redemption shall be given by means of first class mail, postage prepaid,
by notice deposited in the United States mails not less than thirty (30) days prior to
the redemption date addressed to the Owner of each Certificate to be redeemed at
his address as shown on the Certificate Register.SECTION 4 Registration and Transfer. The Issuer shall cause the Certificate Register
to be kept by the Paying Agent. The Certificates may be transferred, registered and
assigned only on the Certificate Register, and such registration shall be at the
expense of the Issuer. A Certificate may be assigned by the execution of an
assignment form on the Certificate or by other instruments of transfer and assignment
acceptable to the Paying Agent. A new Certificate or Certificates will be
delivered by the Paying Agent to the last assignee (the new Owner) in
exchange for such transferred and assigned Certificates after receipt of the Certificates
to be transferred in proper form. Such new Certificate or Certificates shall be in the
denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof
within a single maturity. Neither the Issuer nor the Paying Agent shall be required to
issue, register, transfer or exchange any Certificate during a period beginning (i) at the
opening of business on a Record Date and ending at the close of business on the
Interest Payment Date or (ii) with respect to Certificates to be redeemed,
at the opening of business fifteen (15) days before the date of the mailing of a
notice of redemption of such Certificates and ending on the date of such redemption.SECTION 5 Form of Certificates. The Certificates and the endorsements to appear
Certificate Certificate Maturity Interest Principal
thereon shall be in substantially the following forms, respectively, to-wit:
(FORM OF FACE OF CERTIFICATES)
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF ACADIA
CERTIFICATE OF INDEBTEDNESS, SERIES 2006
PARISH OF ACADIA, STATE OF LOUISIANA
Number Date Date Rate Amount
R-__ August 1, 2006 May 1, ____ 3.99% $________SALES TAX DISTRICT NO. 2 OF THE PARISH OF ACADIA, STATE OF LOUISIANA
(the "Issuer"), promises to pay, but only from the source and as hereinafter provided,
to:
IBERIABANK
200 W. Congress Street
Lafayette, LA 70505or registered assigns, on the Maturity Date set forth above, the Principal Amount
set forth above, together with interest thereon from the Certificate Date set forth
above or the most recent interest payment date to which interest has been
paid or duly provided for, payable semiannually on May 1 and November 1 of each year,
commencing November 1, 2006 (each an "Interest Payment Date"), at the Interest
Rate per annum set forth above until said Principal Amount is paid, unless
this Certificate shall have been previously called for redemption and payment shall have
been made or duly provided for. The principal of this Certificate, upon maturity or
redemption, is payable in lawful money of the United States of America at the principal
office of IberiaBank, of Lafayette, Louisiana, or successor thereto (the "Paying Agent"),
upon presentation and surrender hereof. Interest on this Certificate is payable by check
mailed by the Paying Agent to the registered owner (determined as of the close of
business on the 15th calendar day of the month next preceding each Interest Payment
Date) at the address as shown on the registration books of the Paying Agent.This Certificate is one of an authorized issue aggregating in principal the sum of Five
Million Dollars ($5,000,000) (the "Certificates") all of like tenor and effect except as
to number, denomination and maturity, said Certificates having been issued by the
Issuer pursuant to a resolution adopted by its governing authority on June 20, 2006
(the "Resolution"), for the purpose of repairing, constructing, and improving Parish
roads and bridges in the unincorporated areas of the Parish of Acadia, State of
Louisiana, including incidental drainage in connection therewith, and paying the
costs of issuance of the Certificates, under the authority conferred by Sections
2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950,
as amended (R.S. 33:2921 - 33:2925),and other constitutional and statutory authority.Those Certificates maturing on May 1, 2010 and thereafter, are callable for
redemption by the Issuer in full, or in part, at any time on or after May 1, 2009,
(but if in part, in the inverse order of their maturities, and if less than a full maturity,
then by lot within such maturity), at the principal amount thereof and accrued interest
to the date fixed for redemption. In the event a Certificate to be redeemed is of a
denomination larger than Five Thousand Dollars ($5,000), a portion of such Certificate
($5,000 or any multiple thereof) may be redeemed. Any Certificate which is to
be redeemed only in part shall be surrendered at the office of the Paying Agent
and there shall be delivered to the owner of such Certificate, a new Certificate
of the same maturity and of authorized denomination as requested by such owner
in aggregate principal amount equal to and in exchange for the unredeemed portion
of the principal of the Certificate so surrendered. Official notice of such call of
any of the Certificates for redemption shall be given by means of first class mail,
postage prepaid, by notice deposited in the United States mails not less than
thirty (30) days prior to the redemption date addressed to the registered owner
of each Certificate to be redeemed at his address as shown on the Certificate Register.The Issuer shall cause to be kept at the principal office of the Paying Agent a
register (the "Certificate Register") in which registration of the Certificates and of
transfers of the Certificates shall be made as provided in the Resolution. This
Certificate may be transferred, registered and assigned only on the Certificate
Register, and such registration shall be at the expense of the Issuer. This
Certificate may be assigned by the execution of the assignment form hereon
or by other instrument of transfer and assignment acceptable to the Paying Agent.
A new Certificate or Certificates will be delivered by the Paying Agent to the last
assignee (the new registered owner) in exchange for this transferred and assigned
Certificate after receipt of this Certificate to be transferred in proper form. Such new
Certificate or Certificates shall be in the denomination of Five Thousand Dollars ($5,000)
or any integral multiple thereof within a single maturity. Neither the Issuer nor the
Paying Agent shall be required to issue, register, transfer or exchange any Certificate
during a period beginning (i) at the opening of business on the 15th calendar day of
the month next preceding an Interest Payment Date and ending at the close of
business on the Interest Payment Date or (ii) with respect to Certificates to be
redeemed, at the opening of business fifteen (15) days before the date of the mailing
of a notice of redemption of such Certificates and ending on the date of such
redemption.This Certificate and the issue of which it forms a part are issued on a complete parity
with the Issuer’s outstanding Refunding Certificates, Series 2002, dated November 1,
2002 (the “Outstanding Parity Certificates”). It is certified that the Issuer, in issuing
this Certificate, has complied with all the terms and conditions set forth in the
resolution authorizing the issuance of the Outstanding Parity Certificates.This Certificate and the issue of which it forms a part, equally with the Outstanding
Parity Certificates, are secured by and payable as to principal and interest solely
from a pledge and dedication of 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, and revenues from any source which may
be transferred to the General Fund of the Issuer to pay the debt service on the
Certificates and the Outstanding Parity Certificates. The Issuer, in the Resolution,
has covenanted and agreed to budget annually a sufficient sum of money to pay
the principal of and the interest on this Certificate and the issue of which it
forms a part and the Outstanding Parity Certificates as the same respectively become
due, and to levy and collect in each year for the full period of its authorization, the
1% sales and use tax authorized to be levied by the Issuer pursuant to an election
held in the Issuer on January 18, 1997, and collect other revenues, within the limits
prescribed by law, sufficient to pay the principal of and the interest on the
Certificates after the payment in such years of all such statutory, necessary
and usual charges. The Issuer, in the Resolution, has also entered into certain
other covenants and agreements with the registered owners of the Certificates,
including a provision for the issuance of pari passu obligations hereafter on
a parity with the Certificates and the Outstanding Parity Certificates, under certain
conditions, for the terms of which reference is made to the Resolution.This Certificate shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the certificate of
registration hereon shall have been signed by the Paying Agent.It is certified that this Certificate is authorized by and issued in conformity with the
requirements of the Constitution and statutes of the State of Louisiana. It is further
certified, recited and declared that all acts, conditions and things required to exist,
to happen and to be performed precedent to and in the issuance of this Certificate
and the issue of which it forms a part to constitute the same legal, binding and
valid obligations of the Issuer have existed, have happened and have been
performed in due time, form and manner as required by law, and that the
indebtedness of the Issuer, including this Certificate and the issue of which it forms
a part, does not exceed the limitations prescribed by the Constitution and statutes
of the State of Louisiana.IN WITNESS WHEREOF, the Police Jury of the Parish of Acadia, State of
PARISH OF ACADIA,
Louisiana, acting as the governing authority of the Issuer, has caused this
Certificate to be executed in the name of the Issuer by the manual
signatures of its President and its Secretary-Treasurer, and the corporate seal
of the Issuer to be impressed hereon.
STATE OF LOUISIANA
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
Secretary-Treasurer President
* * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Certificate is one of the Certificates referred to in the within-mentioned
Resolution.IBERIABANK Lafayette, Louisiana
Date of Registration: _____________ By: __________________________
as Paying Agent
an Authorized Officer* * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers
unto _______________________________________________________________
Please Insert Social Security or other Identifying Number of Assignee
the within Certificate and all rights thereunder, and hereby irrevocably constitutes
and appoints ___________________________________________________________
attorney or agent to transfer the within Certificate on the books kept for registration
thereof, with full power of substitution in the premises.Dated: _____________________________________________
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the face
of the within Certificate in every particular, without
alteration or enlargement or any change whatever.
* * * * *SECTION 6 Execution of Certificates. The Certificates shall be signed by the
Executive Officers for, on behalf of, in the name of and under the corporate seal
of the Issuer, which signatures and corporate seal may be either manual or facsimile.SECTION 7 Pledge and Dedication of Revenues. Pursuant to the provisions of the
Act, the Certificates, equally with the Outstanding Parity Certificates, shall be
secured by and payable as to principal and interest solely from a pledge and
dedication of 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, and revenues from any source which may be
transferred to the General Fund of the Issuer to pay the debt service on the
Certificates and the Outstanding Parity Certificates. The Issuer, in the Resolution, has
covenanted and agreed to budget annually a sufficient sum of money to pay the
principal of and the interest on this Certificate and the issue of which it forms
a part and the Outstanding Parity Certificates as the same respectively become
due, and to levy and collect in each year for the full period of its authorization, the
1% sales and use tax authorized to be levied by the Issuer pursuant to an election
held in the Issuer on January 18, 1997, and collect other revenues, within the limits
prescribed by law, sufficient to pay the principal of and the interest on the
Certificates and the Outstanding Parity Certificates, after the payment in such
years of all such statutory, necessary and usual charges. No further or additional
pledges or dedications of the aforesaid excess of annual revenues shall be made
which shall have priority over or parity with the pledge and dedication of such
revenues herein made, except as provided in Section 9 hereof.
SECTION 8 Sinking Fund. (a) The Issuer created and now maintains a special fund
known as "Sales Tax District No. 2 - Certificates of Indebtedness (1997) Sinking
Fund", said Sinking Fund being maintained with the regularly designated fiscal agent
bank of the Issuer. For the payment of the Certificates, the Outstanding Parity
Certificates and any Additional Parity Obligations issued hereafter in the manner
provided by this Resolution, the Issuer shall deposit into the Sinking Fund monthly
in advance on or before the 20th day of each calendar month during the period
August, 2006 through April, 2007, the sum of $96,676.04 per month and,
thereafter, commencing May, 2006, 2006, a sum equal to one-sixth (1/6) of the
interest due on the next Interest Payment Date and a sum equal to one-twelfth
(1/12) of the principal falling due on the next principal payment date all obligations
payable from the Sinking Fund, together with such additional proportionate sum
as may be required to pay said principal and interest as the same become due.
Said fiscal agent bank shall transfer from the Sinking Fund to the Paying Agent
at least three (3) days in advance of each Interest Payment Date, funds fully
sufficient to promptly pay the maturing principal and/or interest so falling due
on such date.(b) It shall be specifically understood and agreed, however, and this provision
shall be a part of this contract, that after the funds have actually been budgeted
out of the revenues of any Fiscal Year sufficient to pay the principal and interest
on the Certificates herein authorized for that Fiscal Year, then any excess of
annual revenues remaining in that Fiscal Year shall be free for expenditure by
the Issuer for any other lawful corporate purpose.(c) All moneys deposited with the regularly designated fiscal agent bank or banks
of the Issuer or the Paying Agent under the terms of this Resolution shall
constitute sacred funds for the benefit of the Owners of the Certificates, and
shall be secured by said fiduciaries at all times to the full extent thereof in the
manner required by law for the securing of deposits of public funds.(d) All or any part of the moneys in the Sinking Fund shall, at the written request
of the Issuer, be invested in accordance with the provisions of the laws of the
State of Louisiana, in which event all income derived from such investments shall
be added to the General Fund of the Issuer.SECTION 9 Parity Certificates. The Issuer shall issue no other Certificates or
(i) The net excess of annual revenues of the Issuer [excess of revenues
obligations of any kind or nature payable from or enjoying a lien on the excess
of annual revenues of the Issuer above the said statutory, necessary and usual
charges, having priority over or parity with the Certificates and the Outstanding
Parity Certificates, except that Additional Parity Obligations may hereafter be issued
on a parity with the Certificates and the Outstanding Parity Certificates under
the following conditions:
derived by the levy and collection of its 1% sales and use tax, after
deducting the costs of collection and administrative costs incurred by
the Governing Authority, and revenues from any source which may be
transferred to the General Fund of the Issuer (the “Net Excess
Revenues”) for the Fiscal Year immediately preceding the issuance of
Additional Parity Obligations must have been not less than 1.35 times
the highest annual debt service requirements in any succeeding Fiscal
Year on all such obligations then outstanding which are payable from
the Net Excess Revenues of the Issuer (but not including debt obligations
which have been refunded or provisions otherwise made for their full and
complete payment and redemption), and the Additional Parity Obligations
so proposed to be issued;
(ii) The Issuer is in full compliance with all covenants and undertakings in
connection with all of its excess revenue debt obligations then outstanding
and payable from the Net Excess Revenues of the Issuer or any part thereof,
and there are no delinquencies in payments required to be made to the
sinking fund established and maintained for the security and payment of the
Certificates and the Outstanding Parity Certificates;
(iii) The existence of the facts required by the foregoing paragraphs (i)
and (ii) must be determined and certified by the Secretary-Treasurer of
the Governing Authority; and
(iv) The Additional Parity Obligations must be payable as to principal
annually on May 1 of each year in which principal becomes due, and
interest thereon must be payable on May 1 and November 1 of each
year following the date thereof.SECTION 10 Budget; Audit. As long as any of the Certificates are outstanding and
unpaid in principal or interest, the Issuer shall prepare and adopt a budget prior to
the beginning of each Fiscal Year and shall furnish a copy of such budget within thirty
(30) days after its adoption to the Paying Agent and the Purchaser; the Issuer shall
also furnish a copy of such budget to the Owners of any of the Certificates who
request the same. Not later than six (6) months after the close of each Fiscal Year,
the Issuer shall cause an audit of its books and accounts to be made by the Legislative
Auditor or an independent firm of certified public accountants showing the receipts
and disbursements made by the Issuer during the previous Fiscal Year. Such audit
shall be available for inspection by the Owner of any of the Certificates, and a copy
of such audit shall be furnished to the Purchaser.SECTION 11 Application of Proceeds. The Executive Officers are hereby empowered,
authorized and directed to do any and all things necessary and incidental to carry
out all of the provisions of this Resolution, to cause the necessary Certificates to be
printed, to issue, execute and seal the Certificates, and to effect delivery thereof
as hereinafter provided. The proceeds derived from the sale of the Certificates,
except accrued interest, shall be deposited by the Issuer with its fiscal agent bank
or banks to be used only for the purpose for which the Certificates are issued.
Accrued interest, if any, derived from the sale of the Certificates shall be deposited
in the Sinking Fund to be applied to the first interest payment.SECTION 12 Certificates Legal Obligations. The Certificates shall constitute legal,
binding and valid obligations of the Issuer, and shall be the only representations of the
indebtedness as herein authorized and created.SECTION 13 Resolutions a Contract. The provisions of this Resolution shall constitute
a contract between the Issuer, or its successor, and the Owner or Owners from time
to time of the Certificates, and any such Owner or Owners may at law or in equity, by
suit, action, mandamus or other proceedings, enforce and compel the performance of
all duties required to be performed by this Governing Authority or the Issuer as a
result of issuing the Certificates.No material modification or amendment of this Resolution, or of any resolution
amendatory thereof or supplemental hereto, may be made without the consent
in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the
Certificates then outstanding; provided, however, that no modification or amendment
shall permit a change in the maturity or redemption provisions of the Certificates, or a
reduction in the rate of interest thereon, or in the amount of the principal obligation
thereof, or affecting the obligation of the Issuer to pay the principal of and the
interest on the Certificates as the same shall come due from the revenues appropriated,
pledged and dedicated to the payment thereof by this Resolution, or reduce the
percentage of the Owners required to consent to any material modification or
amendment of this Resolution, without the consent of the Owners of the Certificates.SECTION 14 Severability; Application of Subsequently Enacted Laws. In case any
one or more of the provisions of this Resolution or of the Certificates shall for any
reason be held to be illegal or invalid, such illegality or invalidity shall not affect any
other provisions of this Resolution or of the Certificates, but this Resolution and the
Certificates shall be construed and enforced as if such illegal or invalid provisions
had not been contained therein. Any constitutional or statutory provisions enacted
after the date of this Resolution which validate or make legal any provision of this
Resolution and/or the Certificates which would not otherwise be valid or legal, shall
be deemed to apply to this Resolution and to the Certificates.SECTION 15 Recital of Regularity. This Governing Authority having investigated the
regularity of the proceedings had in connection with the Certificates and having
determined the same to be regular, the Certificates shall contain the following recital,
to-wit:
"It is certified that this Certificate is authorized by and is issued in conformity
with the requirements of the Constitution and statutes of the State of
Louisiana."SECTION 16 Effect of Registration. The Issuer, the Paying Agent, and any agent of
either of them may treat the Owner in whose name any Certificate is registered as the
Owner of such Certificate for the purpose of receiving payment of the principal (and
redemption price) of and interest on such Certificate and for all other purposes
whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent,
nor any agent of either of them shall be affected by notice to the contrary.SECTION 17 Notices to Owners. Wherever this Resolution provides for notice to
Owners of Certificates of any event, such notice shall be sufficiently given (unless
otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid,
to each Owner of such Certificates, at the address of such Owner as it appears in
the Certificate Register. In any case where notice to Owners of Certificates is given
by mail, neither the failure to mail such notice to any particular Owner of Certificates,
nor any defect in any notice so mailed, shall affect the sufficiency of such notice
with respect to all other Certificates. Where this Resolution provides for notice in
any manner, such notice may be waived in writing by the Owner or Owners entitled
to receive such notice, either before or after the event, and such waiver shall be
the equivalent of such notice. Waivers of notice by Owners shall be filed with
the Paying Agent, but such filing shall not be a condition precedent to the validity
of any action taken in reliance upon such waiver.SECTION 18 Cancellation of Certificates. All Certificates surrendered for payment,
redemption, transfer, exchange or replacement, if surrendered to the Paying Agent,
shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered
to the Paying Agent and, if not already canceled, shall be promptly canceled by
the Paying Agent. The Issuer may at any time deliver to the Paying Agent for
cancellation any Certificates previously registered and delivered which the Issuer
may have acquired in any manner whatsoever, and all Certificates so delivered shall
be promptly canceled by the Paying Agent. All canceled Certificates held by the Paying
Agent shall be disposed of as directed in writing by the Issuer.SECTION 19 Mutilated, Destroyed, Lost or Stolen Certificates. If (1) any mutilated
Certificate is surrendered to the Paying Agent, or the Issuer and the Paying Agent
receive evidence to their satisfaction of the destruction, loss or theft of any
Certificate, and (2) there is delivered to the Issuer and the Paying Agent such security
or indemnity as may be required by them to save each of them harmless, then, in
the absence of notice to the Issuer or the Paying Agent that such Certificate has
been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request
the Paying Agent shall register and deliver, in exchange for or in lieu of any such
mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same
maturity and of like tenor, interest rate and principal amount, bearing a number not
contemporaneously outstanding. In case any such mutilated, destroyed, lost or
stolen Certificate has become or is about to become due and payable, the Issuer
in its discretion may, instead of issuing a new Certificate, pay such Certificate.
Upon the issuance of any new Certificate under this Section, the Issuer may
require the payment by the Owner of a sum sufficient to cover any tax or other
governmental charge that may be imposed in relation thereto and any other
expenses (including the fees and expenses of the Paying Agent) connected
therewith. Every new Certificate issued pursuant to this Section in lieu of any
mutilated, destroyed, lost or stolen Certificate shall constitute a replacement
of the prior obligation of the Issuer, whether or not the mutilated, destroyed,
lost or stolen Certificate shall be at any time enforceable by anyone and shall be
entitled to all the benefits of this Resolution equally and ratably with all other
Outstanding Certificates. Any additional procedures set forth in the Agreement,
authorized in this Resolution, shall also be available with respect to mutilated,
destroyed, lost or stolen Certificates. The provisions of this Section are
exclusive and shall preclude (to the extent lawful) all other rights and remedies
with respect to the replacement and payment of mutilated, destroyed, lost
or stolen Certificates.SECTION 20 Discharge of Resolution; Defeasance. If the Issuer shall pay or cause
to be paid, or there shall otherwise be paid to the Owners, the principal (and
redemption price) of and interest on the Certificates, at the times and in the
manner stipulated in this Resolution, then the pledge of the money, securities,
and funds pledged under this Resolution and all covenants, agreements, and
other obligations of the Issuer to the Owners of the Certificates shall thereupon
cease, terminate, and become void and be discharged and satisfied, and the
Paying Agent shall pay over or deliver all money held by it under this Resolution
to the Issuer.Certificates or interest installments for the payment or redemption of which
money shall have been set aside and shall be held in trust (through deposit by
the Issuer of funds for such payment or redemption or otherwise) at the
maturity or redemption date thereof shall be deemed to have been paid within
the meaning and with the effect expressed above in this Section. Certificates
shall be deemed to have been paid, prior to their maturity, within the meaning
and with the effect expressed above in this Section if there shall have been
deposited in trust either money in an amount which shall be sufficient, or
Government Securities the principal of and the interest on which when due will
provide money which, together with the money, if any, deposited in trust at
the same time, shall be sufficient to pay when due the principal of, premium,
if any, and interest to become due on such Certificates on and prior to the
stated maturity or (if notice of the call for redemption has been duly given or
waived or if irrevocable arrangements therefore have been made) redemption
date thereof. Neither Government Securities nor money deposited in trust
pursuant to this Section, nor principal or interest payments on any such
Government Securities, shall be withdrawn or used for any such purpose
other than, and shall be held in trust for, the payment of the principal (and
redemption price) of and interest on such Certificates. Any cash received
from such principal of and interest on such investment securities deposited
in trust, if not needed for such purpose, shall, to the extent practicable, be
reinvested in Government Securities (which may be non-interest bearing)
maturing at times and in amounts sufficient to pay when due the principal,
premium, if any, and interest on such Certificates on and prior to the maturity
thereof, and interest earned from such reinvestments shall be paid over to
the Issuer as received by the depositary, free and clear of any trust, lien,
or pledge. Any payment for Government Securities purchased for the purpose
of reinvestment as aforesaid shall be made only against delivery of such
Government Securities.SECTION 21 Successor Paying Agent; Paying Agent Agreement. The Issuer will
at all times maintain a Paying Agent meeting the qualifications hereinafter
described for the performance of the duties hereunder for the Certificates.
The designation of the initial Paying Agent in this Resolution is hereby confirmed
and approved. The Issuer reserves the right to appoint a successor Paying Agent
by (a) filing with the Person then performing such function a certified copy of a
resolution giving notice of the termination of the Agreement and appointing a
successor and (b) causing notice to be given to each Owner. Every Paying
Agent appointed hereunder shall at all times be a bank or trust company organized
and doing business under the laws of the United States of America or of any state,
authorized under such laws to exercise trust powers, and subject to supervision
or examination by Federal or State authority. The Executive Officers are hereby
authorized and directed to execute an appropriate Agreement with the Paying
Agent for and on behalf of the Issuer in such form as may be satisfactory to said
officers, the signatures of said officers on such Agreement to be conclusive
evidence of the due exercise of the authority granted hereunder.SECTION 22 Tax Covenants. The Issuer covenants and agrees that, to the extent
permitted by the laws of the State of Louisiana, it will comply with the
requirements of the Internal Revenue Code of 1986 and any amendment thereto
(the "Code") in order to establish, maintain and preserve the exclusion from "gross
income" of interest on the Certificates under the Code. The Issuer further
covenants and agrees that it will not take any action, fail to take any action,
or permit any action within its control to be taken, or permit at any time or times
any of the proceeds of the Certificates or any other funds of the Issuer to be
used directly or indirectly in any manner, the effect of which would be to cause
the Certificates to be "arbitrage Certificates" or would result in the inclusion of
the interest on any of the Certificates in gross income under the Code, including,
without limitation, (i) the failure to comply with the limitation on investment of
Certificate proceeds or (ii) the failure to pay any required rebate of arbitrage
earnings to the United States of America or (iii) the use of the proceeds of
the Certificates in a manner which would cause the Certificates to be "private
activity Certificates".The Certificates are designated as "qualified tax-exempt obligations" within
(a) the Certificates are not "private activity Certificates" within the
the meaning of Section 265(b)(3)(B)of the Code. In making this designation,
the Issuer finds and determines that:
meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt
obligations which will be issued by the Issuer and all subordinate
entities in calendar year 2006 does not exceed $10,000,000.The Executive Officers are hereby empowered, authorized and directed to
take any and all action and to execute and deliver any instrument, document
or certificate necessary to effectuate the purposes of this Section.SECTION 23 Disclosure Under SEC Rule 15c2-12. The Issuer will not be required
to comply with the continuing disclosure requirements described in the Rule
15c-2-12(b) of the Securities and Exchange Commission [17 CFR §240.15c2-12(b)],
because:(a) the Certificates are not being purchased by a broker, dealer or municipal
securities dealer acting as an underwriter in a primary offering of municipal
securities, and
(b) the Certificates are being sold to only one financial institution (i.e., no more
than thirty-five persons), which (i) has such knowledge and experience in
financial and business matters that it is capable of evaluating the merits and
risks of the prospective investment in the Certificates and (ii) is not purchasing
the Certificates for more than one account or with a view to distributing the
Certificates."Disclosure Under SEC Rule 15c2-12. The Issuer will not be required to comply with
a. the Certificates are not being purchased by a broker, dealer or municipal
the continuing disclosure requirements described in the Rule 15c-2-12(b) of the
Securities and Exchange Commission [17 CFR §240.15c2-12(b)], because:
securities dealer acting as an underwriter in a primary offering of municipal
securities, and
b. the Certificates are being sold to only one financial institution (i.e., no
more than thirty-five persons), which (i) has such knowledge and experience
in financial and business matters that it is capable of evaluating the merits
and risks of the prospective investment in the Certificates and (ii) is not
purchasing the Certificates for more than one account or with a view to
distributing the Certificates.SECTION 24 Award of Certificates. The President and/or Secretary-Treasurer of
the Governing Authority are hereby authorized on behalf of the Issuer to accept
the offer submitted by the Purchaser, attached hereto as Exhibit "A" hereto. The
Certificates shall be delivered to said Purchaser upon the payment of the principal
amount thereof plus accrued interest from the date of the Certificates to the date
of delivery thereof.SECTION 25 Declaration of Official Intent Under Reg. 1.150-2. Prior to the delivery
of the Certificates (hereinabove approved in an amount not to exceed $5,000,000)
the Issuer anticipates that it may pay a portion of the costs of the project not to
exceed $5,000,000 from other available funds in the general fund or other funds of
the Issuer. The project includes, specifically, repairing, constructing, and improving
Parish roads and bridges in the unincorporated areas of the Parish of Acadia, State
of Louisiana, including incidental drainage in connection therewith, and acquiring
equipment therefor, and paying the costs of issuance of the Certificates. Upon the
issuance of the Certificates, the Issuer reasonably expects to reimburse any such
expenditures of other available funds from a portion of the proceeds of the Certificates.
This Section is intended to be a declaration of official intent within the meaning of
Reg. 1.150-2.SECTION 26 Publication. A copy of this Resolution shall be published immediately after
its adoption in one (1) issue of the official journal of the Issuer. If the validity of the
issuance of the Certificates is not raised within thirty (30) days from the date of such
publication, the Certificates shall be incontestable in the hands of bona fide purchasers
thereof for value and no court shall have authority to inquire into the legality thereof.SECTION 27 Employment of Certificate Counsel. The law firm of Foley & Judell, L. L. P.,
Certificate Counsel is hereby employed as Certificate Counsel to the Issuer to handle
all matters of a legal nature in connection with the negotiation, sale, issuance and
delivery of the Certificates. The fee of Foley & Judell, L. L. P., in connection with said
program of finance is hereby established and fixed at a rate not to exceed the rate
for comprehensive legal and coordinate professional work for revenue Certificates set
by the Attorney General's Fee Schedule which is in effect at the time of the delivery
of the Certificates, plus "out-of-pocket" expenses, including any and all expenses and
costs in preparing an Official Statement for the Certificates, if necessary, said fee to
be contingent upon the delivery and payment for the Certificates herein authorized. A
certified copy of this Resolution shall be forwarded to the Attorney General of the
State of Louisiana for his approval of the employment herein provided for.SECTION 28 Application to Louisiana State Certificate Commission. Application is
hereby formally made to the Louisiana State Certificate Commission, Baton Rouge,
Louisiana, for consent and authority to issue, sell and deliver the Certificates.SECTION 29 Headings. The headings of the various sections hereof are inserted for
convenience of reference only and shall not control or affect the meaning or
construction of any of the provisions hereof.SECTION 30 Effective Date. This Resolution shall become effective immediately.
The foregoing resolution having been submitted to a vote, the vote thereon was
as follows:Yeas Nays Absent
Cecelia B. Chambers X ____ ______
Alton Stevenson X ____ ______
A. J. Broussard X ____ ______
John W. Humble, Sr. X ____ ______
Jimmie Pellerin X ____ ______
A. J. Credeur X ____ ______
Thomas Benoit X ____ ______
Felton Moreau X ____ ______ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin _ /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
Secretary-Treasurer PresidenTThe President had relinquished the chair and returned following the disposal of the
RESOLUTION No. 6-06-4
main question.
BY MESSRS: John Humble, Sr. and Felton Moreau
A RESOLUTION AUTHORIZING THE PRESIDENT TO
EXECUTE AN AGREEMENT WITH THE LOUISIANA
DEPARTMENT OF TRANSPORTATION AND
DEVELOPMENT (LA DOTD) AND THE FEDERAL Aviation
Authority (FAA) FOR IMPROVEMENTS AT LEGROS
MEMORIAL AIRPORT.WHEREAS, the Acadia Parish Police Jury has requested funding assistance from the
LA DOTD and the Federal Aviation Authority (FAA) to construct improvements
and/or replacements to Runway 4/22, MRILS, signs, R/W 4122, 13/31 Markings and
New Vaults; AIP No. 3-22-0013-005-06 and SPN 901-02-0012; andWHEREAS, the Acadia Parish Police Jury, if FAA and DOTD concurs, awards the
above named project contract to the approved low bid contractor, Ernest P. Breaux,
New Iberia, Louisiana in the amount of $480.952.00; andWHEREAS, the Acadia Parish Police Jury will submit an application to the FAA for
a Grant for this project for 95% of eligible items, and with the LA DOTD for 5% of
eligible items.NOW, THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury that it does
hereby authorize the President to apply for and execute an agreement with the
FAA and LA DOTD for grants for the above named project.This resolution shall be in full force and effect from and after its adoption.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS NAYS ABSENT
Alton Stevenson X ____ _____
A. J. Broussard X ____ _____
John Humble, Sr. X ____ _____
Cecilia B. Chambers X ____ _____
Jimmie Pellerin X ____ _____
A. J. Credeur X ____ _____
Cade Benoit X ____ _____
Felton Moreau X ____ _____ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
RESOLUTION No.6-06-5
BY MESSRS: John Humble, Sr., and Alton StevensonBE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened
this the 20th day of June, does hereby accept the Sales Tax Collection Report for
the month of May 2006.ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
PERSONNELA motion was offered by Mr. Cade Benoit and, seconded by Mr. John Humble, Sr.,
to approve the following Road Maintenance employee reclassifications and pay
adjustments: Class B to A and pay adjustment to $10.00 per hour for Laris Daigle,
Gilbert Lejeune, and Brian Migues and Class D to C and pay adjustment to $8.50
per hour for Tommy Deville. Motion Carried.
Public Facilities/Building & Grounds
RESOLUTION No. 6-06-6
BY MESSRS: Alton Stevenson and Felton Moreau
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened
this the 20th day of June does empower, authorize and direct the President to
execute a Right of Way Agreement with 5-H Farms for a property access road.ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
RESOLUTION No. 6-06-7
BY MESSRS: Alton Stevenson and Jimmie PellerinBE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened
this the 20th day of June does empower, authorize and direct the President to
execute a Disaster Relief Shelter Service Agreement with Acadian Baptist Center.ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin _ /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
PUBLIC WORKS/ROADS AND BRIDGES
To allocate $5 million ($5,000,000) of Certificate of
RESOLUTION No. 6-06-8
BY MESSRS: A. J. Credeur and Cade Benoit
Indebtedness pursuant to Sales Tax District 2 to
construct improvements to unpaved roads listed
in the Phase III (B) Priority List dated June 13, 2006
and furthermore having a rating of 75 points or above
and subject to exclusion of roads due to corrections
and/or omissionsWHEREAS, Mr. Karl Aucoin, Aucoin and Associates, and commonly referred to as
the “Parish Engineer” has prepared, at the request of the Acadia Parish Police Jury,
updated on June 13, 2006, a priority list of unpaved roads and/or segments; and,Whereas, the Acadia Parish Police Jury has authorized the issuance, sale and
delivery of $5 million ($5,000,000) of Certificate of Indebtedness for the purpose
of repairing, constructing, and improving Parish roads and bridges in the incorporated
areas of the Parish; and,NOW, BE IT RESOLVED, that the $ 5 million ($5.000.000) of Certificate of Indebtedness,
Series 2006, of Sales Tax District 2 be allocated to construct improvements to unpaved
roads listed in the Phase III (B) Priority List, updated June 13, 2006, having a rating of
75 points or above and subject to exclusion of roads due to corrections and/or
omissions.THEREFORE, BE IT FURTHER RESOLVED, that the Parish Engineer be authorized to
prepare plans, specifications and advertise for bids on behalf of the Acadia Parish
Police Jury to construct improvements to unpaved roads referenced hereinThis resolution having been submitted to a vote, the vote thereon was as follows:
YEAS NAYS ABSENT
Alton Stevenson X ____ _____
John Humble, Sr. X ____ _____
Cecilia B. Chambers X _____
Jimmie Pellerin X ____ _____
A. J. Credeur X ____ _____
Cade Benoit X ____ _____
Felton Moreau X ____ _____ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
ORDINANCE #914AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A
MOTOR VEHICLE UPON TRUMPS ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS
OF TWENTY-FIVE MILES PER HOUR, AND, PROVIDING FOR THE PENALTIES FOR THE
VIOLATION THEREOF.SECTION 1. BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana, that it
shall be unlawful for any person to operate or drive a motor vehicle in excess of
twenty-five miles per hour on the following described Parish Road:
Trumps RoadSECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating
or driving a motor vehicle in excess of twenty-five miles per hour on the Parish
road described above, shall be guilty of a misdemeanor, and upon conviction therefore,
shall be fined not more than Fifty Dollars ($50) or be imprisoned not more than ten
(10) days or both.SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict
are hereby repealed.The Ordinance was offered by Mr. A. J. Broussard and seconded by Mr. Felton
Moreau and after being read and considered section by section, was adopted
as a whole by the following vote:YEAS NAYS ABSENT
Alton Stevenson X ____ ______
A. J. Broussard X ____ ______
John Humble, Sr. X ____ ______
Cecelia B. Chambers X ____ ______
Jimmie Pellerin X ____ ______
A. J. Credeur X ____ ______
Cade Benoit X ____ ______
Felton Moreau X ____ ______ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENTA motion was offered by Mr. Alton Stevenson and, seconded by Mr. Felton Moreau
to approve Emergency Work for the month of May 2006 at a cost of $100.00 for
vehicle use and $384.07 for labor for a total cost of $484.07. Motion CarriedA motion was offered by Mr. Felton Moreau and, seconded by Mr. Cade Benoit
to approve Drainage Projects 2006-9 Ed Thibodeaux Road at a cost of $527.40
and 2006-10 Fournerat Road at a cost of $493.75 for a total cost of $1,021.15.
Motion Carried.
RESOLUTION No. 6-06-9
BY MESSRS: A J Credeur and Jimmie PellerinBE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened
this 20TH day of June, 2006, does hereby authorize, empower, and direct the
President to enter into an Settlement Agreement, as amended, with the Louisiana
Department of Environmental Quality relative to the Title V Air Permit.YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia B. Chambers,
Jimmie Pellerin, A. J. Credeur, Cade
Benoit and Felton Moreau.NAYS: None
ABSENT: None
ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin _ /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
RESOLUTION No. 6-06-10
BY MESSRS FELTON MOREAU AND A.J. CREDEURWhereas, Allied Waste has requested a rate increase of $1.63 per service unit per
month; andWhereas, the Acadia Parish Police Jury wishes to verify the appropriateness and
reasonableness of said request; and,NOW, THEREFORE, BE IT RESOLVED, by the Acadia Parish Police Jury in regular
session duly convened this 20TH day of June, 2006, does hereby authorize, the
accounting firm of Broussard, Poché, Lewis & Breaux, independent auditors, to test the
reasonableness of a requested rate increase by Allied Waste for residential collection
for a cost not to exceed $1500.00.YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia B.
Chambers, Jimmie Pellerin, A. J. Credeur, Cade
Benoit and Felton Moreau.NAYS: None
ABSENT: None
Adopted: June 20, 2006
ATTEST:
/s/ Katry Martin _ /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
RESOLUTION No. 6-06-11
BY MESSRS A. J. Credeur and, Felton MoreauWhereas, the Acadia Parish Police Jury, by Resolution, may authorize the
observance of holidays as it may deem in keeping with efficient administration.THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular
session duly convened on this the 20th day of June, 2006, does hereby authorize
the observance of Monday, July 3, 2006, a legal holiday.BE IT FURTHER RESOLVED THAT the Acadia Parish Police Jury authorizes the
closing of the Acadia Parish Courthouse and/or various offices, presently under
its direct supervision to observe this holiday.ADOPTED: June 20, 2006
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia B.
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton Moreau.NAYS: None
ABSENT: None
ADOPTED: June 20, 2006
ATTEST:
/s/ Katry Martin /s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENTA motion was offered by Mr. Cade Benoit and seconded by Mr. Felton Moreau to
cancel the July 4, 2006 regular Police Jury meeting. Motion Carried with Mr. Alton
Stevenson voting no.
Comments from the public
Mr. Jeanise, Mary Rosa Lane, Mr. David Frey, Miller Cove Road, and Mr. Ty Daigle,
Freedom Road, separately and equally addressed the Police Jury members concerning
the paving of graveled roads.
CLOSINGTHERE BEING NO FURTHER BUSINESS TO COME BEFORE THE MEETING, THE
MOTION WAS OFFERED DULY SECONDED, THAT THE MEETING ADJOURN UNTIL
THE NEXT REGULARLY SCHEDULED MEETING OF JULY 18, 2006, AT THE HOUR
OF 6:30 P.M.
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MEETING AGENDAS
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