CROWLEY, LOUISIANA
JUNE 19, 2007
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, A. J. Broussard, 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:CADE BENOIT
CECELIA B. CHAMBERS
JOHN HUMBLE, SR
FELTON MOREAU
JIMMIE PELLERIN
ALTON STEVENSON
A. J. BROUSSARDABSENT:
A. J. CREDEUR
A motion was offered by Mrs. Cecelia Chambers and seconded by Mr. John Humble, Sr. to revise the June 19, 2007 agenda to remove agenda items :A) Consider appointment to Sixth Ward & Crowley Drainage District to fill unexpired term of Michael Faulk. B) Consider Medicare Part A & B for employees C) Consider cost to repair new hard surfaced roads and to a add under Finance 4. Consider approval of 10% Parish match for a Department of Economic Development grant for hard surfacing of a portion of South 13th Street in Mermentau for Louisiana Rice Mill; 5. Resolution is support of application for LGAG for expansion of parking at Tourism Commission; under Public Facilities/Buildings and Grounds 3. Authorize legal counsel to seek court order to evict squatters at Parish Property; 4. Discussion of a proposed Juvenile residential facility.; move Item G.4: consider resolution providing for the issuance, execution, negotiation, sale and delivery of not exceeding Seventy-Seven Thousand Sixty and 14/100 Dollars ($77,060.14) of Paving Certificates, Series 2007, of the Parish of Acadia, State of Louisiana (the "Certificates"); prescribing the form thereof, designating the date, denomination, time and place of payment; providing for the payment thereof in principal and interest; accepting an offer for the purchase of the Certificates; and providing for other matters in connection therewith.to Number 1 on the agenda. A roll call was taken the vote was as follows:Yeas: Cade Benoit, Cecelia Chambers, John Humble, Sr, Felton
Moreau, Jimmie Pellerin, Alton Stevenson, A. J. BroussardNays: None
ABSENT: A. J. Credeur
A motion was offered by Mr. Jimmie Pellerin and seconded by Mr. Alton Stevenson to approve the Minutes of the June 5, 2007 Regular Police Jury Meeting and the June 13, 2007 Special Meeting. Motion carried.
The following resolution was offered by Cade Benoit and seconded by Felton Moreau
RESOLUTION 06-07-15
A resolution providing for the issuance, execution, negotiation, sale and delivery of not exceeding Seventy-Seven Thousand Sixty and 14/100 Dollars ($77,060.14) of Paving Certificates, Series 2007, of the Parish of Acadia, State of Louisiana (the "Certificates"); prescribing the form thereof, designating the date, denomination, time and place of payment; providing for the payment thereof in principal and interest; accepting an offer for the purchase of the Certificates; and providing for other matters in connection therewith.
WHEREAS, in strict compliance with the provisions of Sections 3689.1 to 3689.17, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended (R.S. 33:3689.1 - 33:3689.17) (the "Act"), and other constitutional and statutory authority, the Police Jury of the Parish of Acadia, State of Louisiana, acting as the governing authority (the “Governing Authority”) of the Parish of Acadia, State of Louisiana (the "Issuer"), adopted Local or Special Assessment Ordinance No. 1 of the Issuer for the year 2007 on May 15, 2007 (the "Assessment Ordinance"), (which Assessment Ordinance was duly published and recorded in the manner provided by law) levying local or special assessments on certain lots or parcels of real estate abutting on certain streets within the corporate limits of the Issuer, and outside of municipal corporations, to cover the total cost of the construction of street paving improvements on said streets in the Issuer; andWHEREAS, of the amount levied by the Assessment Ordinance aggregating in principal the sum of Seventy-Seven Thousand Sixty and 14/100 Dollars ($77,060.14), there have been cash payments made by the property owners in the amount of Two Thousand Seven Hundred Nine and 21/100 Dollars ($2,709.21), and an adjustment of $.03 made, leaving a balance of Seventy-Four Thousand Three Hundred Fifty and 90/100 Dollars ($74,350.90), to be paid in installments on deferred payments;
andWHEREAS, under the provisions of the Act, the amount of the unpaid installments or deferred payments shall be represented by the issuance, sale and delivery of paving certificates as provided for in the Act, and it is now the desire of the Governing Authority to authorize the issuance of said paving certificates as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Acadia, State of Louisiana, acting as the governing authority of the Parish of Acadia, State of Louisiana:
SECTION 1. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" shall mean the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
"Assessment Ordinance" shall mean Local or Special Assessment Ordinance No. 1 of the Parish of Acadia, State of Louisiana, for the year 2007, adopted by the Governing Authority on May 15, 2007.
"Certificate" shall mean any certificate of the Issuer authorized to be issued by this Ordinance, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any certificate previously issued.
"Certificates" shall mean the Paving Certificates, Series 2007, issued by this Resolution.
"Certificate Register" has the meaning stated in Section 8.
"Executive Officers" shall mean, collectively, the President and the Secretary of the Governing Authority.
"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 the respective maturities of the Certificates and may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
"Issuer" shall mean the Parish of Acadia, State of Louisiana.
"Outstanding" when used with respect to Certificates shall mean, as of the date of determination, all Certificates theretofore issued and delivered under this Resolution, except:
1. Certificates theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation.
2. Certificates for which payment or redemption sufficient funds have been theretofore deposited in trust for the Owners of such Certificates, provided that, if such Certificates are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Certificates in exchange for or in lieu of which other Certificates have been registered and delivered pursuant to this Resolution.
4. Certificates alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
5. Certificates for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in 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.
"Paying Agent" shall mean Farmers State Bank & Trust Company, of Church Point, Louisiana, until a successor Paying Agent shall have become such 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 Farmers State Bank & Trust Company, of Church Point, Louisiana, the original purchaser of the Certificates.
"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.
SECTION 2. All proceedings taken by this Governing Authority with respect to the Assessment Ordinance are hereby determined to be regular and legal, that of the amount so assessed in the sum of Seventy-Seven Thousand Sixty and 14/100 Dollars ($77,060.14), there has been paid in cash by property owners and an adjustment made in the total amount of Two Thousand Seven Hundred Nine and 24/100 Dollars ($2,709.24), and the amount represented by installments or deferred payments in the sum of Seventy-Four Thousand Three Hundred Fifty and 90/100 Dollars ($74,350.90), has been found and determined and is hereby certified to be correct and in conformity with the provisions of law.
SECTION 3. In compliance with and under and by virtue of the authority of the Act and other constitutional and statutory authority, there is hereby authorized and directed the issuance of interest bearing paving certificates of the Issuer in the principal amount of Seventy-Four Thousand Three Hundred Fifty and 90/100 Dollars ($74,350.90), to be designated "Paving Certificates, Series 2007, of the Parish of Acadia, State of Louisiana" (the "Certificates"), to represent the installments or deferred payments to cover the unpaid cost of the construction of street paving improvements along certain streets within the corporate limits of the Issuer, and outside of municipal corporations, as described in the Assessment Ordinance. The Certificates shall be in fully registered form, shall be dated July 23, 2007, and shall be numbered from R-1 upward. One certificate in each annual maturity shall be in the denomination of One Thousand Four Hundred Thirty-Five and 09/100 Dollars ($1,435.09), and the remaining certificates shall be in the denomination of One Thousand Dollars ($1,000) each or any integral multiple thereof within a single maturity. The Certificates shall bear interest from the date thereof or the most recent interest payment date to which interest has been paid or duly provided for at the rate of four and twenty-five hundredths per centum (4.25%) per annum, payable on July 23, 2008, and annually thereafter on July 23 of each year, and shall become due and payable and mature serially in equal installments on July 23 of each year, as follows, viz:
Principal
Year Amount2008 $7,435.09
2009 7,435.09
2010 7,435.09
2011 7,435.09
2012 7,435.09
2013 7,435.09
2014 7,435.09
2015 7,435.09
2016 7,435.09
2017 7,435.09SECTION 4. Those Certificates maturing on or after July 23, 2009, shall be subject to redemption at any time prior to maturity on or after July 23, 2008, at a price of par and accrued interest to the redemption date, provided, that insofar as practicable, an equal amount of Certificates are called from each maturity outstanding at the time in the event less than all outstanding Certificates are called and provided that in the event a Certificate is of a denomination larger than One Thousand Dollars ($1,000), a portion of such Certificate ($1,000 or greater) 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 or Certificates of the same maturity and of any authorized denomination or denominations 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 of the Paying Agent.
SECTION 5. The principal of the Certificates, upon maturity or redemption, shall be payable at the principal corporate trust 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 of the Paying Agent. Each Certificate delivered under this Resolution upon transfer or 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.
SECTION 6. 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.
SECTION 7. The Issuer shall cause to be kept at the principal corporate trust office of the Paying Agent a register (the "Certificate Register") in which registration of the Certificates and transfers of the Certificates shall be made as provided herein. The Certificates may be transferred, registered and assigned only on the Certificate Register of the Paying Agent, 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 Certificates 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 registered 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 a denomination authorized in this Resolution. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange (i) any Certificates during a period beginning at the opening of business on the Record Date and ending at the close of business on the interest payment date, or (ii) any Certificates called for redemption prior to maturity, during a period beginning 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 8. The Certificates and the endorsements to appear thereon shall be in substantially the following forms, respectively, to wit:
* * * * *
(FORM OF FACE OF CERTIFICATE)
No. R-_____ Principal Amount $_________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF ACADIAPAVING CERTIFICATE, SERIES 2007
PARISH OF ACADIA, STATE OF LOUISIANACertificate Maturity Interest
Date Date RateJuly 23, 2007 July 23, ____ 4.25%
The PARISH OF ACADIA, STATE OF LOUISIANA (the "Issuer"), promises to pay, but solely from the sources and as hereinafter provided, to:FARMERS STATE BANK & TRUST COMPANY
110 W Plaquemine
Church Point, Louisiana 70525or 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 annually on July 23 of each year, commencing July 23, 2008, 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 corporate trust office of Farmers State Bank & Trust Company, of Church Point, 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 the interest payment date) at the address as shown on the books of the Paying Agent.
This Certificate is one of an issue of like date, tenor and effect except as to number, denomination, and maturity, aggregating in principal the sum of Seventy-Four Thousand Three Hundred Fifty and 90/100 Dollars ($74,350.90), issued by the Issuer pursuant to a Resolution adopted by the governing authority of the Issuer on June 19, 2007 (the "Resolution"), to represent the installments or deferred payments to cover the unpaid cost of the construction of street paving improvements on certain streets in the Issuer, and outside of municipal corporations, set out in Local or Special Assessment Ordinance No. 1 of the Parish of Acadia, State of Louisiana, for the year 2007, adopted by said governing authority on May 15, 2007 (the "Assessment Ordinance"), by virtue of the authority conferred by Sections 3689.1 to 3689.17, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended (R. S. 33:3689.1 - 33:3689.17), and other constitutional and statutory authority, and pursuant to proceedings regularly and legally taken by the governing authority of the Issuer. One Certificate in each annual maturity is in the denomination of One Thousand Four Hundred Thirty-Five and 09/100 Dollars ($1,435.09), and the remainder of the Certificates are in the denomination of One Thousand Dollars ($1,000) each or any integral multiple thereof.
This Certificate and the issue of which it forms a part are secured and payable solely in principal and interest from the irrevocable pledge and dedication of the funds to be derived from the collection of the unpaid local or special assessments levied by the Assessment Ordinance, said assessments having been levied on the real property abutting on certain portions of certain streets in the Issuer set out in the Assessment Ordinance, and which local or special assessments are payable in annual installments or deferred payments as provided by law. Said funds, when collected, shall be deposited in a separate bank account to be known as "Sinking Fund for Paving Certificates, Series 2007, of the Parish of Acadia, State of Louisiana, dated July 23, 2007", and said funds so deposited shall be used for no purpose other than to pay the principal of and the interest on this Certificate and the issue of which it forms a part on their respective maturity dates. The Issuer obligates itself and is bound under the terms and provisions of law to properly collect said local or special assessments and to properly allocate the funds so collected as hereinabove set forth.
Those Certificates maturing on or after July 23, 2009, shall be subject to redemption at any time prior to maturity on or after July 23, 2008, at a price of par and accrued interest to the redemption date, provided, that insofar as practicable, an equal amount of Certificates are called from each maturity outstanding at the time in the event less than all outstanding Certificates are called and provided that in the event a Certificate is of a denomination larger than One Thousand Dollars ($1,000), a portion of such Certificate ($1,000 or greater) 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 or Certificates of the same maturity and of any authorized denomination or denominations 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 of the Paying Agent.
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 herein. 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 authorized denominations under the Resolution. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange (i) any Certificate during a period beginning at the opening of business on the 15th day of the month next preceding an interest payment date and ending at the close of business on the interest payment date, or (ii) any Certificate called for redemption prior to maturity during a period beginning at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Certificate and ending on the date of such redemption.
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 is issued in conformity with the requirements of the Constitution and statutes of this State. 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, that the local or special assessments have been duly levied, and that this Certificate and the other Certificates of this issue do not exceed the amount of the unpaid installments or deferred payments or exceed any constitutional or statutory debt limitations.
IN WITNESS WHEREOF, the Police Jury of the Parish of Acadia, State of Louisiana, acting as the governing authority of the Issuer, has caused this Certificate to be executed on behalf of the Issuer by the signatures of its President and its Secretary, and the corporate seal of the Issuer to be impressed hereon.
PARISH OF ACADIA,
STATE OF LOUISIANA/s/Jacqueline Babineaux /s/ A. J. Broussard
[SEAL]
* * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Certificate is one of the Certificates referred to in the within mentioned
Resolution.
FARMERS STATE BANK &
TRUST COMPANY
Church Point, Louisiana,
as Paying AgentDate of
Registration: . By: ___________________________
Authorized Officer* * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto _______________________ 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 9. 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 10. This Governing Authority, having investigated the regularity of the proceedings had in connection with this issue of Certificates, and having determined the same to be regular, each of 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 this State."
SECTION 11. 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 12. 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 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 13. 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 14. 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 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 any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Certificates. The 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 15. 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 any money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of 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.
SECTION 16. The Certificates shall be secured by and payable solely in principal and interest from the funds to be derived from the collection of the unpaid local or special assessments levied by the Assessment Ordinance on certain lots or parcels of real estate in certain described portions of the Issuer listed in the Assessment Ordinance which have been or are to be improved by the construction of street paving improvements, which funds derived from the collection of said unpaid local or special assessments, together with any interest thereon, shall be and they are hereby irrevocably pledged and dedicated to the payment of the principal of and the interest on the Certificates, and said funds shall be set aside in a separate fund to be designated "Sinking Fund for Paving Certificates, Series 2007, of the Parish of Acadia, State of Louisiana, dated July 23, 2007." Said funds shall not be drawn upon for any other purpose other than paying the principal of and the interest on the Certificates.
SECTION 17. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law to properly collect the said installments or deferred payments, together with the interest thereon, when due and payable, said installments or deferred payments representing the unpaid cost of the construction of street paving improvements on certain portions of certain streets in the Issuer set out and listed in the Assessment Ordinance, and in the event of default in payment of said local or special assessments, the Governing Authority shall proceed to collect such defaults in the manner provided by law and as set out in the Assessment Ordinance.
SECTION 18. The Issuer covenants that it will deposit or cause to be deposited with the Paying Agent from the moneys derived from the collection of the assessments or other funds available for such purposes at least three days in advance of the date on which payment of principal and/or interest falls due on the Certificates, funds fully sufficient to pay promptly the principal and interest so falling due on such date.
SECTION 19. The Issuer will at all times maintain a Paying Agent meeting the performance of the duties hereunder as paying agent and registrar 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.
SECTION 20. The Executive Officers are hereby empowered, authorized and directed to have the Certificates printed, typed or otherwise prepared, to execute the same as herein provided, to deliver the same to the Purchaser upon payment of the purchase price therefor, and to collect the purchase price therefor and to deposit the funds derived therefrom for the credit of the Issuer with the regularly designated fiscal agent bank or banks of the Issuer, in a construction fund (the "Construction Fund"), and said bank or banks shall issue an appropriate receipt therefor upon such deposits. The funds in the Construction Fund shall be used solely for the purpose of paying the costs of issuance of the Certificates and the cost of the construction of street improvements described in the Assessment Ordinance, and for no other purpose whatsoever. To insure the proper expenditure of the moneys deposited in the Construction Fund, all payments therefrom shall be approved by this Governing Authority and accompanied by an engineering certificate prepared and executed by Aucoin & Associates, Inc., of Eunice, Louisiana, consulting engineers for the Issuer (the "Consulting Engineers"), stating that the payment to be made from the Construction Fund is properly due and payable for work to be performed or services rendered in connection with the paving improvements proposed to be made, all in accordance with the Engineering Report prepared by the Consulting Engineers and approved by the Governing Authority by a resolution adopted on April 3, 2007, and further that upon payment of such amount, there will remain in the Construction Fund sufficient moneys to construct the paving improvements as contemplated by the Engineering Report.
SECTION 21. 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 from federal income taxation 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 bonds" or would result in the inclusion of 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, (ii) the failure to pay any required rebate of arbitrage earnings of 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 bonds."
The Certificates are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Certificates are not "private activity bonds" within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2007 will not exceed $10,000,000.SECTION 22. It is recognized, found and determined that a real necessity exists for the employment of special bond counsel in connection with the financing of the Project and, accordingly, Foley & Judell, L. L. P., Bond Attorneys, be and the same are hereby employed as special bond counsel to the Issuer to do and perform any and all legal and financial work incidental and necessary with respect to the completion of the street paving improvements by means of the levy of local or special assessments in the manner provided by the Act and the sale and issuance of the Certificates. The fee of said special bond counsel is hereby fixed at a sum not to exceed two and one-half percent (2-1/2%) of the total project cost certified by the engineer's report on the basis of which the assessments are levied, plus "out-of-pocket expenses", said fee to be payable out of the funds derived from said local or special assessments, and the sale of the Certificates, and shall be contingent upon the delivery of the Certificates. The Executive Officers are hereby empowered, authorized and directed to issue a voucher to said special bond counsel in payment of the fee herein provided for upon completion of the work herein specified and under the conditions herein enumerated. 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 the fee designated herein, as required by law.
SECTION 23. Award of Certificates. The Issuer hereby accepts the offer of the Purchaser to purchase the Certificates attached hereto as Exhibit “A”. The Certificates shall be delivered to the 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 24. 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 authority to issue the Certificates, the legality thereof and of the local and special assessments necessary to pay the same, shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Cecelia B. Chambers, Alton Stevenson, A. J. Broussard,
John W. Humble, Sr., Jimmie Pellerin, Cade Benoit, Felton
Moreau
NAYS: None
ABSENT: A. J. Credeur
ABSTAINING: None
And the resolution was declared adopted on this, the 19th day of June, 2007./s/ Jacqueline Babineaux /s/ A. J. Broussard
______________________ ________________________
Secretary PresidentACADIA PARISH POLICE JURY ACADIA PARISH POLICE JURY
RESOLUTION 06-07-16
BY MADAM CECELIA CHAMBERS AND MESSER JOHN HUMBLE, SR.
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007, does hereby appoint Tommy McNeeley, Jr., to the Airport District 1 Service Board, which shall expire January 2008.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
RESOLUTION 06-07-17
BY MADAM CECELIA CHAMBERS AND MESSER JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007, does hereby approve for payment bills for the month of May 2007.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
RESOLUTION 06-07-18BY MESSERS ALTON STEVENSON AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007, does hereby accept the annual audit report as present by Broussard, Poche, Lewis and Breaux.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
RESOLUTION 06-07-19
BY MADAM CECELIA CHAMBERS AND MESSER JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007 does hereby empower, authorize and direct the President to apply for a Local Government Assistance Program grant in the amount of $30,000.00 for the purpose of a parking lot expansion for the Acadia Parish Tourist Commission.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
A motion was offered by Madam Cecelia Chambers and seconded by Mr. Alton Stevenson to grant a 30 day extended leave to Joe Shreve effective immediately upon expiration of accumulated time. Motion carried.
RESOLUTION 06-07-20BY MESSERS ALTON STEVENSON AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007, does hereby authorize, direct and empower the President to apply for a Economic Development Award Program grant in the amount of $250,000.00 with a ten percent match by the Parish for construction of a business access road on South 13th Street, Mermentau, LA.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
RESOLUTION 06-07-21BY MESSERS ALTON STEVENSON AND JOHN HUMBLE, SR.
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007 does hereby empower, authorize and direct legal counsel to notify Lewing Construction Company, Inc. that the Parish is self-insured and will assume liability and property insurance coverage for the Acadia Parish Correctional Facility Administrative Offices.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
RESOLUTION 06-07-22
BY MESSER JOHN HUMBLE, SR. AND MADAM CECELIA CHAMBERS
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007 does hereby empower, authorize and direct the President to apply for a Local Government Assistance Program grant in the amount of $65,000 for the purpose of changing one (1) of two 15 year old Air Condition Chillers for the Acadia Parish Courthouse.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
RESOLUTION 06-07-23BY MESSER JOHN HUMBLE, SR. AND MADAM CECELIA CHAMBERS
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007 does hereby empower, authorize and direct legal counsel to seek from the Crowley City Court a court order for the eviction of individuals on property owned by Acadia Parish Police Jury.BE IT FURTHER RESOLVED the Road Manager is authorized to demolish and remove debris at said property.
ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
Property owners and residents of the Branch Community addressed the members of the Police Jury in reference to the proposed Juvenile Residential Facility. Wayland Vincent requested that the Police Jury pass an ordinance setting zoning regulations that would prohibit building correctional facilities within ten miles of a resident, school, hospital, etc. Juror Stevenson pointed out that we have a correctional facility that would be included in that prohibition. Legal counsel advised the members of the jury that it would be unconstitutional to attempt to prevent someone from buying and selling property or to prohibit granting of a building permit to a builder if all building code requirements are met.Mr. Vincent then requested that the Parish seek a mandamus order prohibiting new commercial construction in the Parish. Juror president Broussard pointed out that this would effect economic development in the Parish. Mr. Jason Hayes, 1830 Hummingbird Lane, demanded the Police Jury “fix this”, Mrs. Nicole Wimberly, 2419 J. E. Pelton, asked about a resolution that was approved at the June 13, 2007 Special Meeting. The secretary explained that the minutes were approved this evening and would be mailed to the Office of Youth Development the next day. She called on Mrs. Carla Fruge who told the group that she had received a draft of the resolution. The secretary offered to remain after the meeting and prepare a letter and a certified copy to be delivered to OYD. The president offered to stay and sign the resolution. Mrs. Faith Doucet presented an internet account of AMI’s business operations in other states. (Attached)
RESOLUTION 06-07-24BY MESSERS ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007 does hereby empower, authorize and direct the Road Manager to prepare specifications and advertise for bids for the purchase of a gradall for the Branch Barn.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
A motion was offered by Mrs. Cecelia Chambers and seconded by Mr. Alton Stevenson to approve the Emergency Work Schedule for the month of May 2007 for six hundred eighty-three dollars and 95/100 ($683.95). Motion carried.
RESOLUTION 06-07-25BY MADAM CECELIA CHAMBERS AND MESSER JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 19th day of June, 2007 does hereby authorized the Road Manager to proceed with Drainage Project 2007-13 Standard Mill Road at a cost of $2402.75.ADOPTED: June 19, 2007
ATTEST:
/s/ Jacqueline Babineaux /s/ A. J. Broussard
JACQUELINE BABINEAUX A. J. BROUSSARD
SECRETARY PRESIDENT
A motion was offered by Mr. Alton Stevenson and seconded by Mr. Cade Benoit to call a Solid Waste Special Committee meeting for June 28, 2007 at 9:00 AM to review the proposed Solid Waste Collection, Transportation and Disposal Contract with interested parties. Motion carried.
Comments from the PublicThe Road Manager informed the members of the police jury that work would begin on the LeGros Road Bridge and that he would need to rent an excavator to complete the job.
THERE 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 3, 2007, AT THE HOUR OF 6:30 P.M.
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