CROWLEY, LOUISIANA
SEPTEMBER 18, 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:
ALTON STEVENSON
A J BROUSSARD
JOHN HUMBLE SR
CECELIA B. CHAMBERS
JIMMIE PELLERIN
A J CREDEUR
CADE BENOIT
FELTON MOREAUA motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to revise the agenda to consider Fifth Ward Drainage District request to transfer Lots 9, 10, 11 & 12 in Midland, Emergency Work Report, Tourist Commission Appointment, the August Financial Report and approval of September Bills. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mrs. Cecelia Chambers, to approve the Minutes of the August 21, 2007, Regular Police Jury Meeting. Motion carried.
PROPERTY ASSESSMENT
RESOLUTION
BY: MRS CECELIA CHAMBERS AND MR ALTON STEVENSON
WHEREAS, the list of assessments for the Parish of Acadia in the dollar amount of $235,824,799.00 have been exposed for public review, and
WHEREAS, the Acadia Parish Police Jury did sit as a Board of Review as required by law and no protests were received.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 18th day of September, 2007, that valuation for the 2007 Taxes, Parish of Acadia, as set by the Acadia Parish Tax Assessor, be and the same is hereby accepted by the Police Jury of Acadia Parish.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A J BROUSSARD
SECRETARY-TREASURER PRESIDENT
APPOINTMENTSRESOLUTION
BY MESSRS: CADE BENOIT AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby re-appoint MESSRS. BLANE FAULK and RANDALL BOUTTE to the Acadia Parish Planning Commission effective September, 2007.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY MESSRS: JIMMIE PELLERIN AND A J CREDEUR
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby appoint MS. CHERYL MCCARTY to the Acadia Parish Tourist Commission to fill the unexpired term of Ms. Lois Petitjean effective September, 2007.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J . BROUSSARD
SECRETARY-TREASURER PRESIDENT
COMMUNITY/ECONOMIC DEVELOPMENT
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Alton Stevenson, to approve the request from Wright Enrichment to be placed in a Foreign Trade Zone Participation. Motion carried.
FINANCE
RESOLUTION
BY MESSRS: ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby authorize the Parish Road Manager to purchase a 2008 3/4 ton heavy duty, quad cab, Dodge Ram 2500 ST Pickup Truck State Contract #406768 with added features of antispin rear axel and a trailer tow package in the amount of $21,391.00.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. A. J. Credeur, seconded by Mr. Felton Moreau, to approve the request from the Rice Arena Committee to hire Mr. Kermit Miller to replace Mrs. Joann Smith at a starting salary of $35,500 per year effective October 1, 2007, provided all hiring requirements are met. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mrs. Cecelia Chambers, to accept the August Financial Report and approval of the September bills. Motion carried.
PERSONNEL
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to authorize 30 days of meritorious sick leave for Mr. Larry Hebert as provided for in the Personnel Policy Manual. Motion carried.
A motion was offered by Mr. Alton Stevenson, seconded by Mrs. Cecelia Chambers, to authorize a pay increase for Mr. Justin Savoy from $9.00 to $9.50 per hour effective September 16, 2007, due to completion of CDL requirements. Motion carried.
PUBLIC WORKS/ROAD & BRIDGE
RESOLUTIONBY: MRS CECELIA CHAMBERS AND MR JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby empower, authorize and direct the President to execute an Intergovernmental Agreement between the Acadia Parish Police Jury and the City of Crowley for maintenance and improvements of road ditches north of Interstate 10.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENT
ORDINANCE #943
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON RICHARD SCHOOL ROAD IN ACADIA PARISH, LOUISIANA, WITH A GROSS WEIGHT IN EXCESS OF FIFTEEN (15) TONS, 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 except local farmers during harvest and garbage truck drivers to operate a motor vehicle with a gross weight in excess of Fifteen (15) Tons on the following described Parish road:
RICHARD SCHOOL ROAD
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle with a gross weight exceeding Fifteen (15) Tons on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined nor 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 Mrs. Cecelia Chambers, seconded by Mr. Jimmie Pellerin, and after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton
Moreau.NAYS: None.
ABSENT: None.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENT
ORDINANCE #944
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON RICHARD SCHOOL ROAD IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF TWENTY 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 miles per hour on the following described Parish Road
:RICHARD SCHOOL ROAD
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of twenty 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. Cade Benoit, and seconded by Mr. A. J. Credeur, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton
Moreau.NAYS: None.
ABSENT: None.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENT
A motion was offered by Mr. Felton Moreau, seconded by Mr. Cade Benoit, to approve the request from Francis Frey to waive permit conditions and allow for the open cut method to install a 12" irrigation line on the gravel portion of Schultz Road. Motion carried.
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. Cade Benoit, to authorize entering into an Intergovernmental Agreement with the Sixth Ward Drainage District for drainage improvements on Lisa Drive and Cherokee Road.
Mr. Robert Bergeaux, Parish Road Manager, gave a report on the situation on Lisa & Cherokee Roads. He stated that from Lisa Road back south they would change out seven culverts to take water to the gully away from the houses at a cost of $3,292.80. They would also cut Cherokee north to change a crossover at a cost of $1,060.80.
Motion was withdrawn due to changes.
RESOLUTION
BY MESSRS: ALTON STEVENSON AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby empower, authorize and direct the President to execute an Intergovernmental Agreement between the Acadia Parish Police Jury and the Sixth Ward & Crowley Drainage District for drainage improvements for the residents on Lisa Drive and Cherokee Road at an estimated cost of $4,353.60.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENT
The following resolution was offered by A. J. Credeur and seconded by Cecelia B. Chambers:
RESOLUTION
A resolution accepting the bid received on August 28, 2007, for (i) the construction of street paving improvements along a certain street or such parts thereof as may be determined upon, within the corporate limits of the Parish of Acadia, State of Louisiana (the "Parish"), and outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project), and (ii) the construction of certain drainage improvements in said subdivision; and authorizing the executive officers of the Parish to execute a contract on behalf of the Parish for such work.
WHEREAS, the Police Jury of the Parish of Acadia, State of Louisiana (the "Police Jury"), acting as the governing authority of the Parish of Acadia, State of Louisiana (the "Parish"), by proceedings adopted on June 5, 2007, authorized the advertising for sealed bids for (i) the construction of street paving improvements along a certain street or such parts thereof as may be determined upon, within the corporate limits of the Parish, and outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project), and (ii) the construction of certain drainage improvements in said subdivision; and
WHEREAS, said advertisement was published in the official journal of the Parish, in accordance with law;
andWHEREAS, in accordance with the advertisement, bids were opened and received on August 28, 2007;
andWHEREAS, H & S Construction Company, of Broussard, Louisiana, submitted the only bid for the construction of the aforesaid improvements, and the engineers for the improvement program have recommended the acceptance of such bid;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Acadia, State of Louisiana (the "Police Jury"), acting as the governing authority of the Parish of Acadia, State of Louisiana (the "Parish"), that:
SECTION 1. The bid or proposal submitted to the purchasing agent of the Police Jury on August 28, 2007, for (i) the construction of street paving improvements along a certain street or such parts thereof as may be determined upon, within the corporate limits of the Parish, and outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project), and (ii) the construction of certain drainage improvements in said subdivision, in accordance with the plans, specifications and contract documents prepared by Aucoin & Associates, Consulting Engineers and Land Surveyors, located in Eunice, Louisiana (the "Consulting Engineers"), said bid being in the amounts of (i) One Hundred Ninety-Two Thousand Six Hundred Thirteen and 50/100 Dollars ($192,613.50), in the case of the street paving improvements, and (i) Nineteen Thousand Seven Hundred Twenty Dollars ($19,720), in the case of the drainage improvements, is hereby accepted, and the contract for such improvements is hereby awarded to H & S Construction Company, of Broussard, Louisiana.
SECTION 2. The President of the Police Jury is hereby empowered, authorized and directed to execute the required contract with the said H & S Construction Company, of Broussard, Louisiana, on behalf of, in the name and under the official seal of the Parish, which contract shall be substantially in the form set forth in the official contract documents and specifications for said paving and drainage improvements, as prepared by the Consulting Engineers, and approved by the Police Jury, the form of said contract being set forth in full and attached hereto as Exhibit "A", and being made a part hereof as if set forth in fully herein.
SECTION 3. The obligations of the Parish under the contract hereby authorized for the construction of said street paving improvements shall be payable solely from the funds derived from the levy and collection of local or special assessments on the properties to be benefitted in the project, and/or the issuance and sale of Paving Certificates by the Parish, all in accordance with Sections 3689.1 to 3689.17, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950 (R.S. 33:3689.1 - 33:3689.17), and other constitutional and statutory authority, and the owners of the property to be benefitted by the drainage improvements shall provide a cash payment to the Parish before such work commences in the amount of Nineteen Thousand Seven Hundred Twenty Dollars ($19,720) which funds shall be used by the Parish to pay the contractor.
This resolution having been submitted to a vote, the vote thereon was as follows:
Police
Jurors Yeas Nays Absent Abstaining
Cecelia B. Chambers X ____ ______ ________
Alton Stevenson X ____ ______ ________
A. J. Broussard X ____ ______ ________
John W. Humble, Sr. X ____ ______ ________
Jimmie Pellerin X ____ ______ ________
Cade Benoit X ____ ______ ________
Felton Moreau X ____ ______ ________And the resolution was declared adopted on this, the 18th day of September, 2007.
/s/ Joey Webb /s/ A. J. Broussard
Secretary President
ACADIA PARISH POLICE JURY ACADIA PARISH POLICE JURY
EXHIBIT "A"CONTRACT
THIS AGREEMENT, made this the day _______ of ___________, 20 ___by and between the Acadia Parish Police Jury, acting herein through its President and Police Jurors hereinafter called "OWNER" and
(Name) H & S Construction Co., Inc.___________________
(Address) 222 Beau Pre Road___________________________
Lafayette, LA 70508
a/an Louisiana corporation domiciled in Lafayette ,
(State) (Parish/County)
hereinafter called "CONTRACTOR".WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Owner, the Contractor hereby agrees with the Owner to commence and complete the construction as described as follows: Proposed roadway and drainage construction within Hidden Heritage Subdivision hereinafter called the "PROJECT" for the sum of Two Hundred twelve thousand three hundred thirty three dollars and fifty cents ($212,333.50) and all extra work in connection therewith, under the terms as stated in the Specifications and at his (its or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the proposal, plans and specifications dated July 2007 for Proposed Roadway & Drainage Construction within Hidden Heritage Subdivision and other documents as prepared by Aucoin & Associates, Inc. herein entitled the "ENGINEERS", all of which are made a part hereof and collectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in a written "NOTICE TO PROCEED" of the Owner and to fully complete the project within NINETY (90) consecutive calendar days.
It is acknowledged that time is of the essence and if the Contractor fails to complete the work by the time above established, the Contractor will be liable for acknowledged liquidated damages in the amount of One hundred dollars and 00/100 ($100.00) Dollars per calendar day.
The Contractor shall provide a separate performance bond and labor and material payment bond each in the full amount of the contract prices to insure the faithful performance of the work under the conditions and requirements laid down in the Contract Documents. Said bonds shall be made a part of this agreement.
IN WITNESS WHEREOF, the said parties hereunto have hereto set their hands and affixed their seals the day and year first above written.
SEAL - If Applicable
Acadia Parish Police Jury
ATTEST:
OWNER
__________________
__________________ BY: _________________
PRESIDENTSEAL - If Applicable H & S Construction Co., Inc.
CONTRACTORATTEST:
__________________
__________________ BY:____________________
TITLE:__________________
TYPE NAME IN FULL:
_______________________
ADDRESS:
_______________________
_______________________
The following resolution was offered by Cecelia B. Chambers and seconded by A. J. Credeur:RESOLUTION
A resolution accepting and approving the certified statement
or report prepared by Aucoin & Associates, Inc., of Eunice,
Louisiana, consulting engineer to the Parish of Acadia, State
of Louisiana (the "Parish"), showing in detail the total cost of constructing street paving improvements along a certain street
or such parts thereof as may be determined upon, within the
corporate limits of the Parish of Acadia, State of Louisiana, and
outside of municipal corporations, including street intersections, engineers' and attorneys' fees and all other costs incidental to
said work; the total cost of said project, together with the
amounts thereof to be assessed against each lot or parcel of
real estate abutting the improvements; finding and determining
that each lot or parcel of real estate to be assessed will be
improved and benefitted to an amount not less than the proposed
local or special assessment to be levied against each lot or parcel
of real estate; and providing for the employment of bond counsel
in connection with such program of finance; all in accordance with
the provisions of Sections 3689.1 to 3689.17, inclusive, of Title
33 of the Louisiana Revised Statutes of 1950 (R.S. 33:3689.1 - 33:3689.17), and other constitutional and statutory authority.BE IT RESOLVED by the Police Jury of the Parish of Acadia, State of Louisiana (the "Police Jury"), acting as the governing authority of the Parish of Acadia, State of Louisiana (the "Parish"), that:
SECTION 1. Having received and examined the certified statement or report of Aucoin & Associates, Inc., of Eunice, Louisiana, consulting engineer (the "Consulting Engineer") to the Parish, attached hereto as Exhibit "A", which report is hereby accepted and approved, showing in detail the total cost of the construction of street paving improvements along a certain street within the corporate limits of the Parish, or such part thereof as may be determined upon, within the corporate limits of the Parish, and outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project) (the "Project"), including street intersections, engineers' and attorneys' fees, and all other costs incidental thereto, together with the amounts thereof chargeable to each lot or parcel of real estate abutting the proposed improvements, this Police Jury does hereby find and determine that each lot or parcel of real estate to be assessed in connection with said proposed street paving improvement program, will be improved and benefitted to an amount not less than the proposed local or special assessments.
SECTION 2. Foley & Judell, L.L.P., Bond Counsel, of New Orleans, Louisiana, are hereby employed as special bond counsel to the Police Jury, as the governing authority of the Parish, to do and perform comprehensive legal and coordinate professional work with respect to the proposed program of finance. Said Bond Counsel shall prepare and submit to the Police Jury for adoption all of the proceedings incidental to the referenced program of finance, including, but not limited to the authorization, issuance, sale and delivery of the proposed paving certificates (the "Certificates"), shall counsel and advise the Police Jury as to the issuance and sale of the Certificates, and shall furnish its opinion covering the legality of the issuance thereof. The fee of Bond Counsel in connection with the aforesaid program of finance shall be fixed at a sum equal to two per cent (2%) of the total amount of the Certificates to be sold and issued, as certified by the engineer's report, plus out-of-pocket expenses. The fee is to be payable solely out of the funds derived from the local or special assessments or the proceeds of the Certificates to be issued to represent deferred payments of such assessments. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fee herein designated, and this Police Jury is hereby empowered and directed to issue a voucher to said Bond Counsel in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerated.
SECTION 3. The owners of 100% of all lands abutting Heritage Road, having waived the statutory requirement that thirty (30) days notice be given in writing of the intent to levy such assessments prior to levy, this Police Jury will proceed on this date to levy the local or special assessments in an amount representing the property owners’ cost of such improvements.
This resolution having been submitted to a vote, the vote thereon was as follows:
Police
Jurors Yeas Nays Absent Abstaining
Cecelia B. Chambers X _
Alton Stevenson X
A. J. Broussard X
John W. Humble, Sr. X
Jimmie Pellerin X
A. J. Credeur X _ _
Cade Benoit X
Felton Moreau X _____ ____ ________And the resolution was declared adopted on this, the 18th day of September, 2007.
/s/ Joey Webb /s/ A. J. Broussard
Secretary President
ACADIA PARISH POLICE JURY ACADIA PARISH POLICE JURYEXHIBIT "A"
ENGINEERING REPORT
PARISH OF ACADIA, STATE OF LOUISIANA
STREET PAVING IMPROVEMENTS
(ROADWAY & ASSOCIATED ROADWAY
DRAINAGE CONSTRUCTION WITHIN
HIDDEN HERITAGE SUBDIVISION)
BY SELF-ASSESSMENT
FILE NO. 07-01-03In 2007 Pamela C & Ronald Lynn Canino, Owner/Developers of Hidden Heritage Subdivision entered into a self-assessment program to construct a hardsurface roadway and associated drainage of the roadway within the subject subdivision.
The summary of costs were derived from construction bids received by the Acadia Parish Police Jury on August 28, 2007. The only bid received was submitted by H & S Construction Co., Inc.
The summary of project costs are as follows:
ITEM
NO.
DESCRIPTION
QTY
UNIT
UNIT
PRICE
COST
1-1
MOBILIZATION
1
LS
$7,500.00
$7,500.00
6-2
ASPHALTIC CONCRETE (WEARING COURSE)
775
TONS
$79.50
$61,612.50
8-1(18")
(18") CORRUGATED METAL PIPE
40
LF
$44.00
$1,760.00
8-2(18")
(18") EQUIVALENT CORRUGATED
METAL PIPE ARCH
32
LF
$45.00
$1,440.00
8-2(24")
(24") EQUIVALENT CORRUGATED
METAL PIPE ARCH
108
LF
$50.00
$5,400.00
8-2(30")
(30") EQUIVALENT CORRUGATED
METAL PIPE ARCH
86
LF
$76.00
$6,536.00
28-4
GRADING AND SHAPING ROADWAY
AND ROADSIDE DITCHES
31.65
STA.
$1,100.00
$34,815.00
54-1
CLEARING AND GRUBBING
1
LS
$8,750.00
$8,750.00
55-1
REMOVAL OF STRUCTURES &
OBSTRUCTIONS
1
LS
$750.00
$750.00
58-3
PULVERIZING AND PROCESSING
SOIL CEMENT (81/2" DEPTH)
7000
SY
$4.50
$31,500.00
58-6
PORTLAND CEMENT
210
TONS
$155.00
$32,550.00
TOTAL CONSTRUCTION COST ASSESSED
$192,613.50
LEGAL, PUBLICATION, RECORDATION, ETC.
$8,500.00
ENGINEERING
$17,000.00
ENGINEERING REPORT FOR ASSESSMENT
$500.00
TOPOGRAPHIC SURVEY & CONSTRUCTION STAKING
$2,000.00
INSPECTION
$4,000.000
TESTING
$2,500.00
CONTINGENCIES
$7,269.65
TOTAL ESTIMATED PROJECT COST
$234,383.15
ASSESSMENT = $234,383.15 ÷ 6396.92 = $36.64
Less participation by developer for roadway construction cost along Lots 1 & 2
($9,598.95)
TOTAL PAVING CERTIFICATES TO BE SOLD
$224,784.20
The following ordinance was offered by Cecelia B. Chambers and seconded by A. J. Credeur:
ORDINANCE NO. 945
LOCAL OR SPECIAL ASSESSMENT ORDINANCE NO. 2 OF THE
PARISH OF ACADIA, STATE OF LOUISIANA, FOR THE YEAR 2007An ordinance providing for the levy of local or special assessments
on certain lots or parcels of real estate within the corporate limits
of the Parish of Acadia, State of Louisiana (the "Parish"), and
outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project), to pay the
total cost of the construction of street paving improvements along
a certain street within the corporate limits of the Parish, all in accordance with Sections 3689.1 to 3689.17, inclusive, of Title 33
of the Louisiana Revised Statutes of 1950 (R.S. 33:3689.1 - 33:3689.17), and other constitutional and statutory authority;
making application to the Louisiana State Bond Commission for
consent and authority to construct said improvements and for authority to issue, sell and deliver paving certificates; and
providing for other matters in connection therewith.WHEREAS, the Police Jury of the Parish of Acadia, State of Louisiana (the "Police Jury"), acting as the governing authority of the Parish of Acadia, State of Louisiana (the "Parish"), by resolution adopted on June 5, 2007, gave notice of its intention to construct street paving improvements along a certain street or such part thereof as may be determined upon, within the corporate limits of the Parish and outside of municipal corporations (Canino Road in Hidden Heritage Subdivision) (hereinafter, the "Project"); and
WHEREAS, the Parish held a public hearing on July 17, 2007, to hear objections to the proposed improvements and the manner of payment therefor, and there having been no objections, proceeded to order said improvements constructed by resolution adopted on July 24, 2007;
andWHEREAS, based upon the construction contract awarded to H & S Construction Company, of Broussard, Louisiana, for the construction of the proposed paving improvements, Aucoin & Associates, Inc., of Eunice, Louisiana, consulting engineers to the Parish (the "Consulting Engineer"), prepared a report setting forth the total cost of the Project and the total cost to each lot or parcel of real estate to be improved and benefitted by the construction of said paving improvements, said report having been accepted by resolution adopted by the Police Jury on September 18, 2007; and
WHEREAS, in order to cover the cost of the Project to be assessed against the abutting property in accordance with said engineering report, it is the desire of the Police Jury to levy local or special assessments, as herein provided:
NOW, THEREFORE, BE IT ORDAINED by the Police Jury of the Parish of Acadia, State of Louisiana (the "Police Jury"), acting as the governing authority of the Parish of Acadia, State of Louisiana (the "Parish"), that:
SECTION 1. In compliance with and under the authority of Sections 3689.1 to 3689.17, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950 (R.S. 33:3689.1 - 33:3689.17) (the "Act"), and other constitutional and statutory authority and, in accordance with the contract awarded for the construction of the proposed paving improvements along a certain street within the corporate limits of the Parish, and outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project) (the "Project"), and, in accordance with the certified statement or report of Aucoin & Associates, Inc., of Eunice, Louisiana, consulting engineers for the construction of the Project, there is hereby levied a local or special assessment of Thirty-Six and 64/100 Dollars ($36.64) per front foot on each and every lot or parcel of real estate abutting Canino Road as listed below, all within the corporate limits of the Parish, and outside of municipal corporations:
HIDDEN HERITAGE SUBDIVISION
CONSTRUCTION AND HARDSURFACING OF ROADWAYConstruction and hardsurfacing of Canino Road and associated roadway drainage within Hidden Heritage Subdivision, commencing at its intersection with Heritage Road and proceeding north 3275' linear feet to its termination with a cul de sac, consisting of asphaltic concrete surfacing two (2) inches thick, eighteen (18) feet wide on a nineteen (19) feet wide soil cement stabilized base course 8-1/2 inches thick.
* * * * * *
ACADIA PARISH
HIDDEN HERITAGE SUBDIVISION
SELF-ASSESSMENT
FILE NO. 07-01-03
LOT
NO.
OWNER
ADDRESS
FRONT
FOOTAGE
ASSESSMENT
1
FRED L. & DEBRA G. GIROUARD
407 STADIUM DR., RAYNE, LA 70578
120.00
*$4396.80
2
FRED L. & DEBRA G. GIROUARD
407 STADIUM DR., RAYNE, LA 70578
141.98
*$5202.15
4
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
148.17
$5,428.95
5
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
6
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
7
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
8
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
9
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
10
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
11
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
12
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
13
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
14
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
15
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
16
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
17
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
18
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
19
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
20
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
21
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
22
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
23
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
24
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
25
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
162.75
$5,963.16
26
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
141.90
$5,199.22
27
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
28
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
29
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
30
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
31
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
32
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
33
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
34
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
35
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
36
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
37
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
38
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
39
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
40
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
41
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
42
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
43
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
44
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
120.00
$4,396.80
45
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
106.84
$3,914.62
46
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
106.84
$3,914.62
47
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
106.84
$3,914.62
48
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
106.84
$3,914.62
49
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
280.00
$10,259.20
50
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
64.35
$2,357.78
51
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
64.35
$2,357.78
52
PAMELA C & RONALD LYNN CANINO
3407 Heritage Road, Rayne, LA 70578
286.06
$10,481.24
TOTAL PAVING CERTIFICATES TO BE SOLD
$224,784.20
*Assessment to be paid by developer
SECTION 2. The amounts herein assessed shall be due and collectible immediately upon the passage of this ordinance at the Police Jury office in Crowley, Louisiana, and if not paid within thirty (30) days from the date hereof, it will be conclusively presumed that any property owner whose property is affected hereby exercises the right or option which is hereby authorized to pay the respective amounts due and herein assessed by this ordinance in ten (10) equal annual installments, over a period of ten (10) years, bearing interest at a rate not exceeding six per centum (6%) per annum from date hereof until paid, said interest rate to be established by the Treasurer of the Police Jury after taking into consideration the average interest cost the Parish will have to pay on any paving certificates sold by the Parish to finance the cost of the proposed improvements, plus collection and administrative costs. The first installment and the first payment of interest on the unpaid principal amount of the assessments shall become due on September 18, 2008, and the subsequent installments and payments of interest shall become due annually on September 18th of each year thereafter. The failure to pay any installments or the interest thereon when due shall ipso facto cause the other installments and the interest thereon to become due and payable, and the Parish, shall, through its proper authority and within thirty (30) days from the date of such default, proceed against the property or properties on which defaults may exist by filing suit in a court of competent jurisdiction to have such property or properties immediately seized and sold for the collection of the total amount due thereon, including interest and attorneys' fees, all as provided for by the Act, and other constitutional and statutory authority.
SECTION 3. This ordinance shall be published in full in one (1) issue of the official journal of the Parish, and a certified copy thereof shall be filed with the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish, who shall forthwith record the same in the Mortgage Records of the Parish and this ordinance, when so filed and recorded, shall operate as a lien and privilege against each lot or parcel of real estate herein assessed, which lien and privilege shall prime all claims except taxes.
SECTION 4. After the thirty (30) day period set forth in Section 2 has expired and after the delivery of the paving certificates described in Section 2, the unpaid balance owed on an assessment may be prepaid at any time at a price equal to the outstanding principal balance on the assessment being prepaid and a penalty in the amount of the total annual interest for the then current assessment year on the principal balance being prepaid.
SECTION 5. Any and all payments made in cash in payment of the assessments herein levied shall be expended for no purpose other than the payment of the cost of said improvements herein referred to, and the Treasurer of the Police Jury, or a representative thereof, is hereby empowered, authorized and directed to issue receipts authorizing the cancellation of the assessments hereby levied upon payment to the Parish of the full amount due on account of the respective installments.
SECTION 6. In case any one or more of the provisions of this ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this ordinance, but the same shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory revision enacted after the date of this ordinance which validates or makes legal any provision hereof shall be deemed to apply hereto.
SECTION 7. Application is hereby formally made to the Louisiana State Bond Commission for consent and authority for the Parish to proceed with the Project and for further consent and authority to levy local or special assessments against each assessable lot or parcel of real estate abutting said improvements to cover the total cost of said improvements and to issue, sell and deliver paving certificates in an amount sufficient to cover the unpaid cost of said improvements, all as provided for in the Act, said certificates to mature over a period of ten (10) years and bear interest at a rate or rates not exceeding six per centum (6%) per annum.
By virtue of the Issuer’s application for acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval resolved and set forth herein, it resolves that it understands and agrees that such approval is expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the "State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.", adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
SECTION 8. This ordinance shall become effective immediately.
This ordinance having been submitted to a vote, the vote thereon was as follows:
Police
Jurors Yeas Nays Absent AbstainingCecelia B. Chambers X __
Alton Stevenson X _
A. J. Broussard X
John W. Humble, Sr. X _
Jimmie Pellerin X
A. J. Credeur X
Cade Benoit X __
Felton Moreau X __And the resolution was declared adopted on this, the 18th day of September, 2007.
/s/ Joey Webb __ /s/ A. J. Broussard __
The following resolution was offered by A. J. Credeur and seconded by Jimmie Pellerin:
Secretary President
ACADIA PARISH POLICE JURY ACADIA PARISH POLICE JURYRESOLUTION
A resolution providing for the issuance, execution, negotiation,
sale and delivery of not exceeding Two Hundred Twenty-Four Thousand Seven Hundred Eighty-Four and 20/100 Dollars
($224,784.20 of Paving Certificates, Series 2007B, 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. 2 of the Issuer for the year 2007, on September 18, 2007 (the "Assessment Ordinance") (which Assessment Ordinance will be duly published and recorded in the manner provided by law)levying local or special assessments on certain lots or parcels of real estate within the corporate limits of the Issuer, and outside of municipal corporations (Hidden Heritage Subdivision Construction and Hardsurfacing of Roadway Project) (the "Project"), to pay a portion of the cost of the construction of street paving improvements along Canino Road within the corporate limits of the Issuer, and any additional costs of the Project shall be paid in cash by the developer;
andWHEREAS, of the amount levied by the Assessment Ordinance, aggregating in principal the sum of Two Hundred Thirty-Four Thousand Three Hundred Eighty-Three and 15/100 Dollars ($234,383.15), the Treasurer of this Governing Authority has been advised that cash payments in the amount of Nine Thousand Five Hundred Ninety-Eight and 95/100 Dollars ($9,598.95) will be made, therefore, the total amount of the unpaid installments or deferred payments ($224,784.20) 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 this 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. 2 of the Parish of Acadia, State of Louisiana, for the year 2007, adopted by the Governing Authority on September 18, 2007.
"Certificate" shall mean any certificate of the Issuer authorized to be issued by this Resolution, 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 2007B, 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, or its successor in function.
"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 Bank of Commerce & Trust Company, of Crowley, 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 Bank of Commerce & Trust Company, of Crowley, 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 1. 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 Two Hundred Thirty-Four Thousand Three Hundred Eighty-Three and 15/100 Dollars ($234,383.15), there have been cash payments by property owners in the amount of Nine Thousand Five Hundred Ninety-Eight and 95/100 Dollars ($9,598.95), therefore, the amount represented by installments or deferred payments shall be the sum of Two Hundred Twenty-Four Thousand Seven Hundred Eighty-Four and 20/100 Dollars ($224,784.20, which has been found and determined and is hereby certified to be correct and in conformity with the provisions of law.
SECTION 2. 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 Two Hundred Twenty-Four Thousand Seven Hundred Eighty-Four and 20/100 Dollars ($224,784.20), of Paving Certificates, Series 2007B, of the Parish of Acadia, State of Louisiana", to represent the installments or deferred payments to pay a portion of the cost of the construction of street paving improvements along a certain street within the corporate limits of the Issuer, set out in the Assessment Ordinance. The Certificates shall be in fully registered form, shall be dated October 30, 3007, and shall be numbered from R-1 upward. One Certificate in each annual maturity shall be in the denomination of One Thousand Four Hundred Seventy-Eight and 42/100 Dollars ($1,478.42), and the remaining certificates in each maturity 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 three-eighths per centum (4.375%) per annum, payable on October 30, 2008, and annually thereafter on October 30 of each year, and shall become due and payable and mature serially in equal installments on October 30 of each year, as follows:
Principal
Year Amount
2008 $22,478.42
2009 22,478.42
2010 22,478.42
2011 22,478.42
2012 22,478.42
2013 22,478.42
2014 22,478.42
2015 22,478.42
2016 22,478.42
2017 22,478.42SECTION 3. Those Certificates maturing on or after October 30, 2009, shall be subject to redemption at any time prior to maturity on or after October 30, 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 4. 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 5. 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 6. 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 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 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 7. 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 ACADIA
PAVING CERTIFICATE, SERIES 2007B
PARISH OF ACADIA, STATE OF LOUISIANACertificate Maturity Interest
Date Date Rate
October 30, 2007 October 30, ____ 4.375%The PARISH OF ACADIA, STATE OF LOUISIANA (the "Issuer"), promises to pay, but solely from the sources and as hereinafter provided, to:
BANK OF COMMERCE & TRUST COMPANY
326 N. Avenue "G"
Crowley, Louisiana 70526-5127or 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 on October 30th of each year, commencing October 30, 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 Bank of Commerce & Trust Company, of Crowley, 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 Two Hundred Twenty-Four Thousand Seven Hundred Eighty-Four and 20/100 Dollars ($224,784.20), issued by the Issuer pursuant to a Resolution adopted by the governing authority of the Issuer on September 18, 2007 (the "Resolution"), to represent the installments or deferred payments to pay a portion of the cost of the construction of street paving improvements along a certain street within the corporate limits of the Issuer, and outside of municipal corporations, set out in Local or Special Assessment Ordinance No. 2 of the Parish of Acadia, State of Louisiana, for the year 2007, adopted by said governing authority on September 18, 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 Seventy-Eight and 42/100 Dollars ($1,478.42), 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 Canino Road in Hidden Heritage Subdivision, as 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 2007B, of the Parish of Acadia, State of Louisiana, dated October 30, 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 October 30, 2009, shall be subject to redemption at any time prior to maturity on or after October 30, 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___
Secretary President[SEAL]
* * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Certificate is one of the Certificates referred to in the within mentioned Resolution.
BANK OF COMMERCE
& TRUST COMPANY
Rayne, 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 2007B, of the Parish of Acadia, State of Louisiana, dated October 30, 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 16. 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 17. 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 18. 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 19. 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 a portion of 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, including cash payment of assessments, all payments therefrom shall be approved by the Treasurer of 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 September 18, 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 20. 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 obligationswhich will be issued by the Issuer and all subordinate
entities in calendar year 2007 will not exceed $10,000,000.SECTION 21. 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 22. 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:
Police
Jurors Yeas Nays Absent AbstainingCecelia B. Chambers X _
Alton Stevenson X _
A. J. Broussard X
John W. Humble, Sr. X
Jimmie Pellerin X
A. J. Credeur X _
Cade Benoit X
Felton Moreau XAnd the resolution was declared adopted on this, the 18th day of September, 2007.
/s/ Joey Webb /s/ A. J. Broussard
Secretary President
ACADIA PARISH POLICE JURY ACADIA PARISH POLICE JURYRESOLUTION
BY: MR A J CREDEUR AND MRS CECELIA CHAMBERS
WHEREAS, it was advertised in the Official Journal of the Parish to accept bids for the hardsurfacing of roads in Hidden Heritage Subdivision, and
WHEREAS, the sole bid received was as follows:
BIDDER PROPOSAL
H & S Construction, Inc. $212,333.50
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 18th day of September, 2007, does hereby accept the bid submitted by H & S Construction, Inc., in the amount of Two Hundred Twelve Thousand Three Hundred Thirty-three and 50/100 ($212,333.50) Dollars for Hidden Heritage Subdivision.
BE IT FURTHER RESOLVED that the President of this Police Jury be and he is hereby empowered, authorized and directed to execute a contract with H & S Construction, Inc., on behalf of, in the name and under the seal of the Acadia Parish Police Jury relative to said project.
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Broussard, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton
Moreau.NAYS: None.
ABSENT: None.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENTRESOLUTION
BY MESSRS: A J CREDEUR AND CADE BENOIT
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby accept Phase II Hidden Heritage plat as final and to dedicate streets and drainage servitudes indicated thereon to Acadia Parish Police Jury.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENTRESOLUTION
BY MESSRS: A J CREDEUR AND ALTON STEVENSON
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 18th day of September, 2007, does hereby empower, authorize and direct the President to execute an Intergovernmental Agreement between the Acadia Parish Police Jury and Mr. Ronald Lynn Canino, the Developer of Hidden Heritage Subdivision, to allow the Parish to enter and deposit/place degrassed material and unusable soil on lots along the subdivision roadway and drainage servitudes.
ADOPTED: SEPTEMBER 18, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD
SECRETARY-TREASURER PRESIDENTA motion was offered by Mr. Alton Stevenson, seconded by Mr. John Humble, Sr., to authorize Legal Counsel to prepare an agreement to lease Lots 9, 10, 11 & 12 in the Community of Midland to the Fifth Ward Consolidated Gravity Drainage District No. 1 for the purpose of housing and storing equipment. Motion carried.
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. A. J. Credeur, to approve the Emergency Work Report for the month of August, 2007. Said expenditures to be in the amount of $343.57. Motion carried.
SOLID WASTE/ENVIRONMENTAL
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Felton Moreau and carried, to accept the following Table of Changes for the new Solid Waste Contract:
Existing Agreement Proposed
In default after three consecutive days 5 days
Take possession of all Contractor’s Temporary possession,
equipment and facilities not ownership
Until another contractor
can be hired.
Police Jury can retain possession of equipment Same
until it can acquire equipment or another
contractor
Right to purchase equipment at depreciated No right to purchase
fair market value.
Pay a reasonable rental value while using Not applicable
equipment if elect not to purchase.
LEGISLATIONCharmaine Martin, branch resident, needed clarification and assistance on (1) Why is the facility being built in Branch when the majority of the population is against it, the Police Jury is against it, Sheriff Dept against it, most of the offenders are from Lafayette Parish and Iberia Parish and the families are to come over and visit on the weekends, why have it in Branch? (2) Why is there no fence when the contract clearly states that violent sex offenders will be housed there?
District Attorney Mike Harson stated that he is on the board of AMI. He stated that the Office of Youth Development has the authority, once a child is put into their jurisdiction, to determine how a child will be housed. He further stated that he will do everything within his power to not house violent criminals or sexual offenders. He will review backgrounds and history of all who are brought into the facility.
Discussion continued between Jurors, Mike Harson and citizens from the Branch area.
Question was called by Juror Alton Stevenson. All comments ceased.
The Sales Tax Report was presented for the month of August, 2007. The report indicated a gross receipt of $703,227.13 a decrease of $83,270.94 from August, 2006.
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 OCTOBER 2, 2007, AT THE HOUR OF 6:30 P.M.
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