PUBLIC NOTICES: Wednesday, April 20, 2016

Transcription

PUBLIC NOTICES: Wednesday, April 20, 2016
PAGE 4B
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
Public Notices
Wednesday, April 20, 2016
Eliana
O.DeFrancesch, St.
John Clerk of Court
Excuses must be
submitted in writing,
by fax or mail, to the
presiding Judge. You
must include your
name, address and
telephone number on
the written excuse.
Please call 985-3314590 after 5:00 P.M.
the day prior to the
jury date, for jury
status. Anyone that
has moved out of
the parish must mail
proper documentation
to the St. John Clerk
of Court’s Office, P.O.
Box 280, Edgard, La.
70049. You can also
check our website at
www.stjohnclerk.org
or www.stjohnclerk.
com for jury status.
NOTE: The ReserveEdgard Ferry is
CLOSED, USE ALTERNATE ROUTE THE
LULING BRIDGE OR
THE GRAMERCY
BRIDGE.
Persons appearing after the jury has been
dismissed must be approved by the presiding judge to receive
any compensation.
Please make sure we
have your correct address. THANK YOU
FOR YOUR COOPERATION.
Please note: no CELL
PHONES will be allowed in the courthouse.
L-2541 2T 3-23, 4-20
ALEXANDER, BRIAN J
ALLEN, CAREY WARREN
ALLEN, DESIREE C
ALLEN, GEORGE MICH
AEL
ANDERSON III, RAYMOND JOSEPH
ARGUETA, ANGELA
CARMEN
BAHAM, RHCHELL M
BAILEY, CINDY MARIE
BALONEY, EMMA J
BARNES, WALTER L
BARNEY, GERALDINE
W
BATISTE JR, BOBBY
BEACH JR, ALBERT
ODELL
BEARD, KENTRELL KE
ITH
BEST, ANDREW E
BETHANCOURT,
JUSTIN JAMISON
BLACKWELL, DIANE R
BOLDEN, BRENT
NORLESS
BONILLA, MARIELY
BORNE, KENNETH
ALLEN
BOUDREAUX, LESLIE
B
BROUWER, MICHAEL
J
BROWN, JAMES
MARVIN
BROWN, MAUDREY M
BROWN, SANDIA
LASHONTA
BUETO, DEBRA ANN
BURL, CELISA D
CAMBRE, JASON PAUL
CANGELOSI, SAMUEL
JAMES
CARTER, BRITTANY
FALLON
CLAIBORNE, LIONEL
CLEMENT, ALISHA C
CORTINAS, JOY DAIG
LE
DEVARE, ERICA
DENISE
DUFRESNE, JULIE AN
NA
DULEY, JAMES
BRANTLY
DURONSLET, MIKE
ANTHONY
DYSON JR, JOHN B.
EDWARDS, CURTIS
ETIENNE III, RAYMOND JOSEPH
FIELDS, KELLY M
L-2545 2T 3-23, 4-20
FOBB, MELANIE A
PETIT JURY#161 DIV FOSTER, SHONDRA M
‘C’ for Monday, APRIL FOX, KELLY SUTTON
GALES, ZINUELL ELAI
25, 2016 at 1:00 P.M.
NE
at the Edgard CourtGALLAND, LILY A
house, 2393 Hwy 18,
GALVEZ, BRENDA KAY
Edgard, Louisiana
GARDNER, ANITHRA
70049.
L-2544 2T 3-23, 4-20
L-2538 2T 3-23, 4-20
L-2539 2T 3-23, 4-20
L-2543 2T 3-23, 4-20
NECHELLE
GOMEZ, NORA L
GORDON, GARY
HOWARD
GRAVER, CASEY MICH
AEL
GRAVES, DEBORAH S
GREEN III, WILLIE JA
MES
GRIFFITH, CARLOS
HAMILTON, RONALD
KEITH
HARRIS, MICHELE P
HARTMANN JR,
DONALD JOSEPH
HAWTHORNE, DETRINA M
HAYDEL, BRIDGET M
HEARD, JAMES LEE
HEBERT, GERARD F
HONOR, CRYSTAL K
HOWARD, BRITTANY
ANN
HOWARD, KIMBERLY
ISAAC JR, CLARENCE
J
JACK, GREGINALD
JACKSON, BRENT
ANTHONY
JACKSON, DONALD
JACKSON SR, JACQUE
BENETE
JOHNSON, BRANDON
L
JOHNSON, CORA ANN
JOHNSON, DAIJA
AAVRION
JOHNSON, DAVID
LAMAR
JOHNSON, DURWIN
DWAYNE
JOSEPH JR, RANDALL
JAMES
JULIEN, TAMMY LYNN
KIMBLE, PATRICIA L
KLIBERT, SUSAN
LABAT, KARA ANN
LACHNEY, CHRISTINA
RAE
LANGLEY, ROBERT J
LANZA, VICTOR
FERNANDO
LEE, ASHLEY VICTORIA
LENARIS, MURRELL M
LEWIS, MARY
LOCKHART JR, STEPHEN J
LONG, CINDY Y
LOPEZ, JOSE RUBEN
LOUPER, NAKIA
LUMAR, DUANE
JOSEPH
MABRY, ASHBROOKE
LOUELLA
MARSHALL JR, LARRY
D
MARZOUWANIAN,
AVO JOHNNIE
MASON, SHAWANDA L
MAYES, MICHAEL
MCCREADY, DAPHNE
GERMAINE
MCDONALD, TIFFANY
LASHAUNDRA
MCELVEEN, DONALD
ANTHONY
MELANCON, ARLENE
M
MILLET, MARCI
MARIE
MILLET III, LESTER
MITCHELL, DYONTA
MONTZ, MICHELE
MARIE
MORGAN, EVON
VICTORIA
NORA, AMBER RENE
PARKS, MORGAN
MISCHELL
PERILLOUX, ELZEY
JEFFREY
PERILLOUX, JOSEPH L
PERKINS, ANIKA
PERRILLOUX, LAZIRA
MARIE
PETERS JR, BILLY RAY
PHILIP, LANA BRIDGIT
POINDEXTER, RION
RACHAL, YVONNE
WILLIAMS
RAINEY, GOLDIE
BUTLER
RAVAIN, JANICE H
RILEY JR, CHARLES
ROBINSON, MEGAN
SADE
ROCCAFORTE JR,
BARRY MICHAEL
RONAN, FLORENCE R
ROSE, JANOI MICHA
EL
ROUSSEL, JANE L
ROUSSEL, ROSLYN
MARIE D
SCOTT, MAMIE DOMANIQUE
SIMONEAUX, PERRY M
SIMS, DEVONA LYNN
SNYDER, KATIE LYNN
STAUDER, DAVID
COLIN
STEWART, SEAN MICH
AEL
TASSIN, LORETTA
THOMAS, VANESSA L
THOMPSON, KENDALE JAVARIS
TREGRE, HARRY J
TRICHE, PAYDON JAM
ES
VOLLENWEIDER,
ERIK LAWRENCE
WALLACE JR, FERDINAND J
WALLS, JENNIFER B
WANDREI, SANDRA T
WASHINGTON, ARIEL
NICOLE
WATKINS, ISREAL
JOSEPH
WATSON, PAMELLA
MARIE
WEBER JR, SHANE
DAVID
WHEELER, JANEL
BAILEY
WHITE, TAHJA MEGAN
WILLIAMS, LORRAINE
MILLER
WILLIAMS JR, GOLDEN JOSEPH
WILSON, CLARA W
WILSON, KEISHA
CLARISSA
WRIGHT, GWENDOLYN
ELAINE
ZENO JR, MELVIN
L-2574 1T 4-20
ST. JOHN THE
BAPTIST PARISH
SCHOOL BOARD
PUBLIC NOTICE
Invitation to Bid
The St. John the Baptist
Parish School Board
will receive sealed bids
for the following:
NEW SCHOOL BUSES
Bids on the abovementioned items will be
accepted until:
10:00 A.M.
APRIL 25, 2016
at the School Board
Office, Reserve, Louisiana, 70084. Bids will
be publicly opened and
recorded at that time.
Bidders may obtain bid
documents from the St.
John the Baptist Parish School Board, P.O.
Drawer AL, 118 West
10th Street, Reserve,
Louisiana 70084, (985)
536 1106 or http://www.
stjohn.k12.la.us/pages/
SJBP/Departments/
Purchasing All Bids can
be viewed and submitted at: http://www.
centralauctionhouse.
com/rfp.php?cid=63
No bids will be received
after the date and time
specified. St. John the
Baptist Parish School
Board reserves the right
to reject any and all
bids.
Mr. Keith Jones,
School Board President
Mr. Kevin R. George,
Superintendent
L-2576 3T 4-6, 4-13, 4-20
April 13, 2016
ST. JOHN THE
BAPTIST PARISH
SCHOOL BOARD
PUBLIC NOTICE
Invitation to Bid
The St. John the Baptist
Parish School Board
will receive sealed bids
for the following:
COPIER/COMPUTER
PAPER OFFICE
SUPPLIES
BUS PARTS
Bids on the abovementioned items will be
accepted until:
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
Public Notices
PAGE 5B
Wednesday, April 20, 2016
10:00 A.M.
MAY 2, 2016
at the School Board
Office, Reserve, Louisiana, 70084. Bids will
be publicly opened and
recorded at that time.
Bidders may obtain bid
documents from the St.
John the Baptist Parish School Board, P.0.
Drawer AL, 118 West
1Oth Street, Reserve,
Louisiana 70084, (985)
536 1106 or http://www.
stjohn.k12.1a.us/pages/
SJBP/Departments/
Purchasing All Bids can
be viewed and submitted at: http://www.
centralauctionhouse.
com/rfp.php?cid=63
Mr. Kevin R George,
GENERAL
Superintendent
MAINTENANCE
ELECTRICAL
L-2592 3T 4-13, 4-20, 4-27
SUPPLIES
ADVERTISEMENT
AIR CONDITIONING/
FOR BIDS
WELDING SUPPLIES
PLUMBING
SUPPLIES
St. John the Baptist
Parish Council (hereBids on the abovementioned items will be in referred to as the
“Owner”)
accepted until:
10:00 A.M.
MAY 4, 2016
at the School Board
Office, Reserve, Louisiana, 70084. Bids will
be publicly opened and
recorded at that time.
Bidders may obtain bid
documents from the St.
John the Baptist ParNo bids will be received ish School Board, P.O.
after the date and time
Drawer AL, 118 West
specified. St. John the
lOth Street, Reserve,
Baptist Parish School
Louisiana 70084, (985)
Board reserves the right 536 1106 or http://www.
to reject any and all
stjohn.k12.1a.us/pages/
bids.
SJBP/Departments/
Purchasing All Bids can
Mr. Keith Jones,
be viewed and submitSchool Board President ted at: http://www.centralauctionhouse.com/
Mr. Kevin R. George,
rfp.php?cid=63.
Superintendent
No bids will be received
L-2589 3T 4-13, 4-20, 4-27 after the date and time
specified. St. John the
April 13, 2016
Baptist Parish School
Board reserves the right
ST. JOHN THE
to reject any and all
BAPTIST PARISH
bids.
SCHOOL BOARD
PUBLIC NOTICE
Invitation to Bid
The St. John the Baptist
Parish School Board
will receive sealed bids
for the following:
Mr. Keith Jones,
School Board President
Mr. Kevin R. George,
Superintendent
Sealed bids shall be
received by the Owner
for the construction of
the project described as
follows:
St. John the Baptist
Parish
Government Complex
LaPlace, Louisiana
Bids shall be addressed
to the St. John the Baptist Parish Council and
delivered to the receptionist at the Parish
President’s Office in the
Percy Hebert Building,
1801 West Airline Hwy.,
LaPlace, LA not later
than 2:45 p.m., Tuesday
May 17, 2016. Bid envelope shall be marked
“Sealed Bid – St. John
the Baptist Parish
Government Complex.” Any bids received after the specified
time and date will not be
considered. The sealed
bids will be publicly
opened and read aloud
at 3:00 o’clock P. M. that
same date in the St.
John the Baptist Parish
Joel S. McTopy Council
Chambers located at
1801 West Airline Hwy.
LaPlace, LA.
L-2591 3T 4-13, 4-20, 4-27 Complete Bid Documents for this project
April 13, 2016
are available in elecINSTRUCTIONAL
tronic form. They may
ST. JOHN THE
MATERIALS
be obtained without
BAPTIST PARISH
CUSTODIAL
charge and without
SCHOOL BOARD
SUPPLIES
deposit by visiting the
public projects area
PUBLIC NOTICE
Bids on the aboveat www.cityblueprint.
mentioned items will be
com. Printed copies are
Advertisement for
accepted until:
not available from the
Proposals
Designer, but arrange10:00 A.M.
ments can be made to
The St. John the Baptist obtain them through
MAY 3,2016
Parish School Board
City Blueprint & Supply
will receive sealed proat the School Board
or most other reproposals for the following: graphic firms. Please
Office, Reserve, Louisiana, 70084. Bids will
note that Plan holders
be publicly opened and
are responsible for
CONSIGNMENT
recorded at that time.
their own reproduction
MOTOR FUEL &
costs. Questions about
SYSTEM PEST
Bidders may obtain bid
this procedure shall be
CONTROL
documents from the St.
directed to:
LOCKSMITH
John the Baptist ParSERVICE WASTE
ish School Board, P.O.
City Blueprint & Supply
DISPOSAL FISCAL
Drawer AL, 118 West
Co.
AUDITORS
lOth Street, Reserve,
1904 Poydras Street
Louisiana 70084, (985)
New Orleans, LA 70112
536 1106 or http://www. Proposals on the above
Phone: 504-522-0387
stjohn.k12.1a.us/pages/ mentioned items will be Email: planroom@cityaccepted until:
SJBP/Departments/
blueprint.com
Purchasing All Bids can
10:00 A.M.
be viewed and submitAll Bidding DocuMAY 5, 2016
ted at: http://www.
ments are available
centralauctionhouse.
and electronic bids are
at the School Board Ofcom/rfp.php?cid=63
being accepted at www.
fice, Reserve, Louisiana, centralbidding.com.
No bids will be received 70084. Proposals will
Bidding Documents are
be publicly opened and
after the date and time
available for viewing on
recorded at that time.
specified. St. John the
www.sjbparish.com.
Baptist Parish School
Board reserves the right PROPOSERS may
All other questions
obtain proposal docuto reject any and all
regarding the scope
ments from the St.
bids.
of work of the project
John the Baptist Parshould be directed to
ish School Board, P.O.
the Project Architect in
Mr. Keith Jones, School Drawer AL, 118 West
writing via email only:
lOth Street, Reserve,
Board President
tabb@murrayarchitects.
Louisiana 70084, (985)
net.
536 1106 or http://www.
Mr. Kevin R. George,
stjohn.k12.la.us/pages/ The Owner reserves the
Superintendent
SJBP/Departments/
right to accept or reject
Purchasing All Bids can any and all bids and to
L-2590 3T 4-13, 4-20, 4-27
be viewed and submitwaive any irregularities
ted at: http://www.
April 13, 2016
or informalities incicentralauctionhouse.
dental thereto, and to
com/rfp.php?cid=63
ST. JOHN THE
accept any bid, which
BAPTIST PARISH
the Owner feels, serves
No proposals will be
SCHOOL BOARD
their best interest. Such
received after the date
action will be in accorand time specified. St.
PUBLIC NOTICE
dance with Title 38 of
John the Baptist Parish the Louisiana Revised
School Board reserves
Invitation to Bid
Statues.
the right to reject any
and all proposals.
Bids shall be received
The St. John the Baptist
from Bidders only on
Mr. Keith Jones,
Parish School Board
the Bid Form in the BidSchool Board President ding Documents which
will receive sealed bids
for the following:
is issued to him in his
name, as provided in
the Louisiana revised
Statues R.S. 37:2162(b).
A single bid shall be
submitted for all portions of the Contract
Work.
Each Bidder must deposit with his/her bid,
security in the amount
equal to five percent
(5%) of the total bid in
the form of a certified
check, cashier’s check
or bid bond.
All bidders must show
proof that he/she is
licensed in the State of
Louisiana to perform
this type of construction. Contractor’s
license number must
appear on the face of
the sealed envelope
containing the bid.
St. John the Baptist
Parish Council, being
a government agency,
is exempt from all sales
tax. The vendor awarded the contract will be
provided documentation to support their tax
free purchases for this
project. Therefore, the
amount you bid should
contain no sales tax.
The successful bidder
will be required to furnish a Performance and
Payment Bond written
by a company licensed
to do business in Louisiana, in the amount
equal to one hundred
percent (100%) of the
contract price. Certificates of Insurance
will also be required
as specified in the bid
package.
A mandatory pre-bid
meeting will be held on
Friday April 29, 2016 at
10:00 a.m., in the Joel S.
McTopy Council Chambers.
No bidder may withdraw his/her bid within
forty-five (45) days after
the actual date of opening thereof.
The Contractor shall
begin mobilization and
procurement of necessary materials within
ten (10) working days of
the receipt of the Notice
to Proceed.
Building, 1801 West
Airline Hwy. LaPlace,
LA, for:
175KW DIESEL
GENERATOR
Detailed specifications
may be obtained by contacting Jeffrey Clement,
Chief Civil Deputy at
(phone: 985-652-9513) or
picked up at the above
address, or by emailing
[email protected].
Bids are to be addressed
to the St. John the
Baptist Parish Sheriffs
Office. Envelopes should
be sealed and clearly
marked on the outside
of the envelope: “Bid for
175KW Diesel Generator”. Any bids sent by
email should have: “Bid
for 175KW Diesel Generator” in the subject
line and can be emailed
to [email protected].
These bid specifications
have been prepared by
our office, setting forth
those items deemed necessary by our personnel.
They are not intended
to be restrictive or
discriminatory in any
manner whatsoever.
L-2605 2T 4-13, 4-20
Bids will be publicly
opened on May 3, 2016 at
11:30 A.M. at the Percy
D. Hebert Building,
1801 West Airline Hwy.
LaPlace, LA.
St. John the Baptist
Sheriff ’s Office reserves
the right to reject any
and all bids, to waive
irregularities and/or informalities and to award
in any manner consistent with law, deemed in
the best interest of the
Sheriffs Office.
These bid specifications
have been prepared by
our office, setting forth
those items deemed necessary by our personnel.
They are not intended
to be restrictive or
discriminatory in any
manner whatsoever.
L-2604 2T 4-13, 4-20
NOTICE OF BID
Sealed Bids will be
received by St. John the
Baptist Parish Sheriff ’s
Office until:
11:00 A.M., Tuesday,
May 3, 2016
At the Reception Desk
of St. John the Baptist
Parish Sheriffs Office located at Percy D. Hebert
Any person with disabil- Building, 1801 West
Airline Hwy. LaPlace,
ities requiring Special
LA, for:
Accommodation must
contact The St. John the
Correctional Facility
Baptist Parish Council
Perimeter Fencing
Office at (985) 652-9569
no later than seven (7)
Detailed specifications
days prior to bid openmay be obtained by coning. Participation by
tacting Jeffrey Clement,
minority and female
owned business, as well Chief Civil Deputy at
as businesses located in (phone: 985-652-9513) or
picked up at the above
this Parish is encouraddress, or by emailing
aged.
jeff.clement@stjohn
ST. JOHN THE sheriff.org.
BAPTIST PARISH
COUNCIL Bids are to be addressed
to the St. John the Baptist Parish Sheriffs OfPublish:
fice. Envelopes should
Wednesday April 13,
be sealed and clearly
2016
marked on the outside
Wednesday April 20,
of the envelope: 2016
“Bid for corr ctional
Wednesday April 27,
perimeter fencing”.
2016 Any bids sent by
email should have:
www.centralbidding.
“Bid for correctional
com
facility perimeter fencL-2601 3T 4-13, 4-20, 4-27 ing” in the subject line
and can be emailed to
jeff.clement@stjohnNOTICE OF BID
sheriff.org.
Sealed Bids will be
received by St. John the Bids will be publicly
Baptist Parish Sheriff ’s opened on May 3, 2016 at
11:00 A.M. at the Percy
Office until:
D. Hebert Building,
11:30 A.M., Tuesday, 1801 West Airline Hwy.
LaPlace, LA.
May 3, 2016
At the Reception Desk
of St. John the Baptist
Parish Sheriffs Office located at Percy D. Hebert
to waive irregularities
and/or informalities
and to award in any
manner consistent with
law, deemed in the best
interest of the Sheriffs
Office.
St. John the Baptist
Parish Sheriff ’s Office
reserves the right to
reject any and all bids,
L-2606 2T 4-20, 5-18
PAGE 6B
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
Public Notices
Wednesday, April 20, 2016
Boe. The motion passed
unanimously.
CONSENT AGENDA:
ITEMS: Approval of
Minutes – March 8th,
2016, Regular Meeting;
Permit Approval – Block
Party – Williamsburg
– Sunday, March 27th,
2016; Permit Approval –
Sings & Strings Festival 5k Run - Garyville
Timbermill Festival
– Sunday, April 10th,
2016; Permit Approval
– Stations of the Cross
Procession – March
25th, 2016 beginning at
1:00 PM; Councilwoman
Hotard – Appointment
of Michelle Jenkins to
the Economic Development Committee.
L-2607 2T 4-20, 5-18
L-2609 2T 4-20, 5-18
L-2611 2T 4-20, 5-18
OFFICICAL
PROCEEDINGS
ST. JOHN THE
BAPTIST PARISH
COUNCIL
TUESDAY,
MARCH 22nd, 2016
CHAIRMAN MARVIN
PERRILLOUX
VICE-CHAIR
MICHAEL WRIGHT
MOTION: Councilman Becnel moved
and Councilman Boe
seconded the motion
to approve the consent
agenda items: Approval
of Minutes – March 8th,
2016, Regular Meeting;
Permit Approval – Block
Party – Williamsburg
– Sunday, March 27th,
2016; Permit Approval –
Sings & Strings Festival 5k Run - Garyville
Timbermill Festival
– Sunday, April 10th,
2016; Permit Approval
– Stations of the Cross
Procession – March
25th, 2016 beginning at
1:00 PM; Councilwoman
Hotard – Appointment
of Michelle Jenkins to
the Economic Development Committee; Councilman Boe – Appointment of Evan Stein to
the Economic Development Board. The motion
passed unanimously.
PUBLIC HEARING
ON ORDINANCES:
16-04 (Tabled 2-10-16)
An ordinance to propose amending the St.
John the Baptist Home
Rule Charter by submitting the proposal to the
qualified electors of the
Parish of St. John the
Baptist and to place said
proposal on the ballot
of the next available
CALL TO ORDER:
election in the spring of
2016. By amending ART.
PRESENT AT ROLL
V by replacing Sections
CALL: Larry SoraB,D, and E with: Section
puru, Jr., CouncilmanB – Submission of Budat-Large, Div. A, Kurt
gets, Section D – Action
Becnel, Councilman Dis- on Budgets and Section
trict I, Julia Remondet,
E – Adoption of BudCouncilwoman District gets. (B. Boe)
II, Lennix Madere,
Councilman District
The above ordinance
III, Michael Wright,
will be tabled over to the
Councilman District V,
next agenda.
Marvin Perrilloux, District IV, Larry Snyder,
16-11 An ordinance to
Councilman VI, Buddy
declare certain imBoe, Councilman Dismovable property as
trict VII, Jaclyn Hotard, surplus, no longer used
Councilwoman-at-Large, or needed for public
Div. B
purpose and to be sold
(N. Robottom)
ABSENT: None
The above ordinance
Councilman Boe led
will be carried over to
the Prayer. Councilman the next agenda.
Madere led the Pledge.
COMMITTEE
Legal Counsel Jeff
REPORTS:
Perilloux and Keith
Green, Jr, were present. Councilwoman Hotard
stated, “At this time I’d
PUBLIC COMMENT
to ask that the council
– AGENDA ITEMS
accept the recommenONLY (2 minutes per
dations of the finance
citizen)
committee.”
The Council of the
Parish of St. John the
Baptist Parish, State
of Louisiana, met in
Regular Session in the
Joel McTopy Chambers,
LaPlace, Louisiana on
Tuesday, March 22, 2016,
at 6:30 PM.
L-2608 2T 4-20, 5-18
L-2610 2T 4-20, 5-18
There were no comments from the public.
MOTION: Councilman
Madere moved and
Councilman Snyder
MOTION: Councilman seconded the motion to
Madere moved and
accept the recommenCouncilman Boe second- dations of the finance
ed the motion to suscommittee. The motion
pend the rules to bring
passed with unania couple of items up. I’d mously.
like to suspend the rules
to bring Ms. Hotard
NEW BUSINESS:
recommendations for
Parish Health Insurance Natalie Robottom –
and also to add Evan
Resolution – R16-13
Stein to the EDC Com– A resolution agreemittee by Councilman
ing to dissolve the
Coastal Coalition and
allowing Vermillion
Parish Police Jury to
withdraw the funds
from the Gulf Coast
Bank in Abbeville and
refund back to the
respective parishes
MOTION: Councilman
Boe moved and Councilman Snyder seconded
the motion to approve
Resolution R16-13. A
resolution agreeing to
dissolve the Coastal
Coalition and allowing Vermillion Parish
Police Jury to withdraw
the funds from the Gulf
Coast Bank in Abbeville
and refund back to the
respective parishes.
The motion passed with
Councilman Madere and
Councilwoman absent.
Natalie Robottom
– Resolution – R1615 – A resolution to
establish a Louisiana
Disaster Funding
Assistance Program
to assist residents,
municipalities, political subdivisions and
parish governments
in the event of a disaster that is not federal
declared
MOTION: Councilman Snyder moved and
Councilwoman Remondet seconded the motion
to approve Resolution
R16-15. A resolution to
establish a Louisiana
Disaster Funding Assistance Program to
assist residents, municipalities, political
subdivisions and parish
governments in the
event of a disaster that
is not federal declared.
The motion passes with
Councilman Madere,
Wright and Councilwoman Hotard absent.
Natalie Robottom –
Resolution – R16-16 –
A resolution to adopt
the St. John the Baptist Parish Financial
Management Policy
MOTION: Councilwoman Remondet moved
and Councilman Snyder
seconded the motion
to approve Resolution
R16-16. A resolution to
adopt the St. John the
Baptist Parish Financial
Management Policy.
The motion passed with
Councilman Wright and
Madere absent.
Jobe’ Boucvalt – Authorization to enter
into a Memorandum
of Understanding
with the St. John Parish School Board for
Emergency Buses
MOTION: Councilwoman Hotard moved
and Councilman Becnel
seconded the motion to
grant administration
authorization to enter
a Memorandum of
Understanding with the
St. John Parish School
Board for Emergency
Buses. The motion
passed Councilman
Wright and Madere
absent.
Jobe’ Boucvalt – Authorization to enter
into a Cooperate
Endeavor Agreement
between the Parish
and the Sheriff ’s Office for transfer of
radio equipment
MOTION: Councilman
Boe moved and Councilman Sorapuru seconded
the motion to grant administration authorization to into a Cooperate
Endeavor Agreement
between the Parish
and the Sheriff ’s Office
for transfer of radio
equipment. The motion
passed with Councilman
Madere absent.
OLD BUSINESS:
Julia Remondet –
(Carry Over 2-24-16)
Resolution – R16-10 –
A Resolution supporting efforts to pursue
adoption of a complete streets policy for
St. John the Baptist
Parish
MOTION: Councilman
Madere moved and
Councilman Becnel
seconded the motion
to approve Resolution
R16-10. A resolution supporting efforts to pursue
adoption of a complete
streets policy for St.
John the Baptist Parish.
The motion passed
unanimously.
MOTION: Councilman
Madere moved and
Councilwoman Remondet seconded the motion
to go into executive
session to discuss water
bill issues – 133 Beechgrove, Reserve, LA 40th
JDC #66791 and Lennix
Madere – pending possible legal matter – E.
27th Street. The motion
passed unanimously.
MOTION: Councilman
Madere moved and
Councilman Wright
seconded the motion to
go back into regular session. The motion passed
unanimously.
There was no action
taken as a result of
executive session.
EXECUTIVE
SESSION:
Lennix Madere - Update
and concerns regarding
home on E. 30th Street
– regarding health and
safety conditions
Larry Snyder – Building at Cambridge and
Airline Hwy. graffiti
removal
Parish Buildings – Security
Water bill issues – 133
Beechgrove, Reserve, LA
Lennix Madere - St.
John the Baptist Parish
vs. Myrtle F. Victor,
Roba Inc. and Adair Asset Management, LLC,
40th JDC, #63827
Lennix Madere – Pending possible legal matter
– E. 27th Street
Any and all pending
legal matters
INTRODUCTION OF
ORDINANCES:
16-13 An ordinance providing for the issuance
and sale of General
Obligation Refunding
Bonds, Series 2016 of
the St. John the Baptist
Parish, State of Louisiana; prescribing the
form, fixing the details
and providing for the
rights of the owners
thereof; providing for
the payment of the
principal of and interest on such bonds and
the application of the
proceeds thereof to the
refunding of certain
bonds of said Parish;
and providing for other
matters in connection
therewith (N. Robottom)
16-14 An ordinance to
amend St. John the Baptist Parish Code of
Ordinances to create
Chapter 2.5 – Code Enforcement by Administrative Adjudication, to
establish and authorize
a Procedure for admin-
WEDNESDAY, APRIL 20, 2016
| L’OBSERVATEUR |
Public Notices
PAGE 7B
Wednesday, April 20, 2016
istrative adjudication
and position of
Administrative hearing
officer (s), to read as follows: Chapter 2.5 Code
Enforcement by Administrative Adjudication
Sec. 2.5 – 1. Authorize
and establishment (N.
Robottom)
dinance is passed the
property shall be advertised for bids and the
sale completed utilizing the normal bid and
property closing process
at the expense of the
purchaser.
WHEREAS, the Issuer
is authorized to borrow money and issue
general obligation
bonds payable from ad
valorem taxes to refund
its outstanding general
obligation bonds, pursuant to Chapter 14-A of
BE IT ORDAINED, that Title 39 of the Louisiana
the St. John the Baptist Revised Statutes of 1950,
16-15 An ordinance ap- Parish Council is acting as amended (the “Act”),
proving a re-subdivision as the governing author- and other constitutional
of lots B-1 and C-1
ity for said parish.
and statutory authority;
of the west half of block
and
33 of Hope Plantation
YEAS: Sorapuru, BecSubdivision into lots
nel, Remondet, Madere, WHEREAS, the Issuer
herein designated as lot Perrilloux, Wright,
has found and deterB-1A and Lot C-1A of
Snyder, Hotard
mined that the refundthe west half of block
ing of $18,615,000 of
33 of Hope Plantation,
NAYS: None
the Series 2009 Bonds,
situated in Section 12,
ABSENT: Boe maturing March 1, 2020
T-11-S, R-6-E, Garyville, ABSTAINING: None
through March 1, 2029,
St. John the Baptist
inclusive (the “Refunded
Parish, Louisiana The result of the vote
Bonds”), would be
(N. Robottom)
on the ordinance was
financially advanta8 YEAS, 0 NAYS, 1
geous to the Issuer and
ADJOURNMENT:
ABSENT, 0 ABSTAIN- would result in a lower
ING, and this ordinance effective interest rate on
At 8:40 PM, Councilwas declared adopted
such Refunded Bonds
man Madere moved and on the 12th day of
and debt service savings
Councilman Wright
April , 2016.
to the Issuer; and
seconded the motion to
adjourn. The motion
/s/Marvin Perrilloux
WHEREAS, pursuant
passed unanimously.
COUNCIL CHAIR
to Chapter 14-A of Title
39 of the Louisiana
/s/Jackie Landeche
Revised Statutes of 1950,
/s/Marvin Perrilloux
PARISH PRESIDENT
as amended, and other
COUNCIL CHAIRMAN
constitutional and statu/s/Natalie Robottom
tory authority, it is now
/s/Jackie Landeche
SECRETARY
the desire of the Issuer
Council Secretary
to adopt this ordinance
Date signed
in order to provide for
L-2612 1T 4-20 Date signed
the issuance of Twenty
Date signed
Million Three HunST. JOHN THE
dred Ninety Thousand
BAPTIST PARISH
CERTIFIED, to be a true Dollars ($20,390,000),
STATE OF
and correct copy of an
principal amount of
LOUISIANA
ordinance adopted by
its General Obligation
the St. John the Baptist Refunding Bonds, Series
ORDINANCE 16-11
Parish Council on the
2016 (the “Bonds”), for
____ day of ________,
the purpose of refundMrs. Robottom intro2016.
ing the Refunded Bonds
duced the following
and to sell the Bonds to
ordinance.
the purchaser thereof;
_____________________
and
Mr. Snyder proposed
SECRETARY
and Mrs. Remondet
WHEREAS, it is necseconded the following
L-2613 1T 4-20 essary to provide for
ordinance.
the application of the
proceeds of the Bonds
The following ordiAn ordinance to declare nance, having been
and to provide for other
certain immovable
matters in connection
introduced at a duly
property as surplus, no
with the payment or
convened meeting on
longer used or needed
March 22, 2016, notice of redemption of the Refor public purpose and
funded Bonds; and
its introduction having
to be sold.
been published on April
WHEREAS, it is neces6, 2016, and a public
St. John the Baptist
sary that this Governhearing having been
Parish Council hereby held on April 12, 2016,
ing Authority prescribe
ordains:
the form and content
was offered for final
adoption by Mr. Snyder_ of the Escrow Deposit
1.
The immovable and seconded by Mr.
Agreement providing
property described on
for the payment of the
Wright :
Exhibit “A”, hereinafter
principal and interest of
referred to as “the propthe Refunded Bonds and
ORDINANCE
erty”, is declared to be
authorize the execution
NO. 16-13
surplus, no longer used
thereof as hereinafter
An ordinance providor needed for public
ing for the issuance and provided; and
purpose, not located in
sale of General Obligaa designated industrial
tion Refunding Bonds, WHEREAS, in connecarea, not a sixteenth sec- Series 2016 of St. John tion with the issuance
tion or school indemnity the Baptist Parish, State of the Bonds, it is necesland.
of Louisiana; prescrib- sary that provision be
2.
The Parish
ing the form, fixing the made for the payment
President is authorized
of the principal and
details and providing
to sell the property and
interest of the Refunded
for the rights of the
improvements by exowners thereof; provid- Bonds described in
ecuting an Act of Cash
Exhibit A hereto, and
ing for the payment of
Sale Without Warranty
to provide for the call
the principal of and
and all other documents
interest on such bonds for redemption of the
necessary for the Parish
Refunded Bonds, pursuand the application of
of St. John the Baptist
the proceeds thereof to ant to the Notices of
to convey title to the
the refunding of certain Defeasance and Calls for
property at the miniRedemption; and
bonds of said Parish;
mum appraised price
and providing for other
of $4,500.00, subject to
matters in connection WHEREAS, the Issuer
compliance with the redesires to sell the Bonds
therewith.
subdivision procedures
to the purchaser thereof
of this Parish at purand to fix the details of
WHEREAS, pursuant
chaser’s expense.
the Bonds and the terms
to the provisions of
3.
This ordinance
Article VI, Section 33 of of the sale of the Bonds;
shall be published three the Constitution of the
times in fifteen days,
THE ST. JOHN THE
State of Louisiana of
one week apart, in the
BAPTIST PARISH
1974, Sub-Part A, Part
official journal of the
COUNCIL HEREBY
III, Chapter 4, Title 39 of
Parish. Written opposi- the Louisiana Revised
ORDAINS:
tion to the proposed orStatutes of 1950, as
dinance can be submitARTICLE I
amended (the “Act”) and
ted within 15 days of the other constitutional and
DEFINITIONS AND
first publication.
INTERPRETATION
statutory authority, the
4.
If opposition is
results of which were
received, the Council
SECTION 1.1.
duly promulgated in
will not adopt this Oraccordance with law, St. Definitions. The followdinance until a hearing John the Baptist Paring terms shall have
has been held.
the following meanings
ish, State of Louisiana
5.
If no opposition (the “Issuer”), issued
unless the context otheris received the ordiwise requires:
$29,500,000 of Gennance shall not become eral Obligation Bonds,
effective until 10 days
“Act” shall mean ChapSeries 2009 (the “Series
of its adoption by the
ter 14-A of Title 39 of
2009 Bonds”); and
Council.
the Louisiana Revised
6.
Once the Or-
Statutes of 1950, as
amended, and other applicable constitutional
and statutory authority.
“Bond” or “Bonds”
shall mean any or all
of the General Obligation Refunding Bonds,
Series 2016 of the Issuer, issued pursuant
to the Bond Ordinance,
as the same may be
amended from time to
time, whether initially
delivered or issued
in exchange for, upon
transfer of, or in lieu of
any previously issued
Bond.
“Bond Obligation”
shall mean, as of the
date of computation,
the principal amount of
the Bonds then Outstanding.
“Bond Ordinance”
shall mean this ordinance, as it may be
amended and supplemented as herein
provided.
“Business Day” shall
mean a day of the year
other than a day on
which banks located in
New York, New York
and the cities in which
the principal offices of
the Escrow Agent and
the Paying Agent are
located are required or
authorized to remain
closed and on
which the New York
Stock Exchange is
closed.
“Code” shall mean the
Internal Revenue Code
of 1986, as amended.
“Commitment Letter”
shall mean the offer for
purchase of the Bonds
by the Purchaser,
attached hereto as Exhibit B.
“Costs of Issuance”
shall mean all items
of expense, directly or
indirectly payable or reimbursable and related
to the authorization,
sale and issuance of the
Bonds, including but
not limited to printing
costs, costs of preparation and reproduction
of documents, filing
and recording fees, initial fees and charges of
any fiduciary, legal fees
and charges, fees and
charges for the preparation and distribution
of any preliminary
official statement and/
or official statement, if
paid by the Issuer, fees
and disbursements of
consultants and professionals, costs of credit
ratings, fees and charges for preparation,
execution, transportation and safekeeping
of the Bonds, costs and
expenses of refunding,
premiums for the insurance of the payment of
the Bonds, if any, and
any other cost, charge
or fee paid or payable
by the Issuer in connection with the original
issuance of Bonds.
“Debt Service” for any
period shall mean, as of
the date of calculation,
an amount equal to
the sum of (a) interest
payable during such
period on Bonds and (b)
the principal amount
of Bonds which mature
during such period.
“Defeasance Obligations” shall mean (a)
cash, or (b) non-callable
Government Securities.
“Escrow Agent” shall
mean Argent Trust
Company, in the City of
Ruston, Louisiana, and
its successor or successors, and any other
person which may at
any time be substituted
in its place pursuant to
the Bond Ordinance.
“Escrow Agreement”
shall mean the Escrow
Deposit Agreement
dated as of May 1, 2016,
between the Issuer
and the Escrow Agent,
substantially in the
form attached hereto as
Exhibit C, as the same
may be amended from
time to time, the terms
of which Escrow Agreement are incorporated
herein by reference.
“Executive Officers”
shall mean, collectively,
the Parish President
and Secretary of the
Governing Authority.
“Fiscal Year” shall
mean the one-year accounting period commencing on January
1 of each year, or such
other one-year period
as may be designated by
the Governing Authority as the fiscal year of
the Issuer.
“Governing Authority” shall mean the St.
John the Baptist Parish
Council.
reflected as registered
owner of any of the
Bonds on the registration books maintained
by the Paying Agent.
“Paying Agent” shall
mean the Council Secretary, until a successor
Paying Agent shall have
become such pursuant
to the applicable provisions of the Bond Ordinance, 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 JPMorgan Chase
Bank, NA, in New Orleans, Louisiana.
“Record Date” shall
mean, with respect to
an Interest Payment
Date, the fifteenth day
of the calendar month
next preceding such
Interest Payment Date,
whether or not such
day is a Business Day.
“Government Securities” shall mean direct
general obligations of,
or obligations the principal of and interest
on which are unconditionally guaranteed
by, the United States of
America, which may be
United States Treasury
Obligations such as the
State and Local Government Series and may be
in book-entry form.
“Refunded Bonds”
shall mean $18,615,000
of the Issuer’s General Obligation Bonds,
Series 2009, maturing
March 1, 2020 through
March 1, 2029, inclusive, which are being
refunded by the Bonds,
as more fully described
in Exhibit A hereto.
“Interest Payment
Date” shall mean
March 1 and September
1 of each year, commencing September 1,
2016.
SECTION 1.2. Interpretation. In this
Bond Ordinance, unless
the context otherwise
requires, (a) words
importing the singular
include the plural and
vice versa, (b) words of
the masculine gender
shall be deemed and
construed to include
correlative words of the
feminine and neuter
genders and (c) the title
of the offices used in
this Bond Ordinance
shall be deemed to include any other title by
which such office shall
be known under any
subsequently adopted
charter.
“Issuer” shall mean St.
John the Baptist Parish, State of Louisiana.
“Outstanding”, when
used with reference
to the Bonds, shall
mean, as of any date,
all Bonds theretofore
issued under the Bond
Ordinance, except:
(a) Bonds theretofore
cancelled by the Paying
Agent or delivered to
the Paying Agent for
cancellation;
(b) Bonds for the payment or redemption
of which sufficient
Defeasance Obligations
have been deposited
with the Paying Agent
or an escrow agent in
trust for the owners of
such Bonds as provided
in Section 13.1 hereof,
provided that if such
Bonds are to be redeemed, irrevocable notice of such redemption
has been duly given or
provided for pursuant
to the Bond Ordinance,
to the satisfaction of
the Paying Agent, or
waived;
(c) Bonds in exchange
for or in lieu of which
other Bonds have been
registered and delivered pursuant to the
Bond Ordinance; and
(d) Bonds alleged to
have been mutilated,
destroyed, lost, or
stolen which have been
paid as provided in the
Bond Ordinance or by
law.
“Owner” or “Owners”
shall mean the Person
“State” shall mean the
State of Louisiana.
ARTICLE II
AUTHORIZATION
AND ISSUANCE OF
BONDS
SECTION 2.1. Authorization of Bonds;
Refunding of Refunded
Bonds.
(a) This Bond
Ordinance creates a
series of Bonds of the
Issuer to be designated
“General Obligation
Refunding Bonds,
Series 2016, of St. John
the Baptist Parish,
State of Louisiana” and
provides for the full and
final payment of the
principal or redemption
price of and interest on
all the Bonds.
(b) The Bonds issued
under this Bond Ordinance shall be issued
for the purpose of
refunding the Refunded
Bonds through the
escrow of a portion
of the proceeds of the
Bonds, together with
additional moneys provided by the Issuer, in
Defeasance Obligations,
in accordance with the
terms of the Escrow
Agreement, in order to
provide for the pay-
PAGE 8B
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
Public Notices
Wednesday, April 20, 2016
ment of the principal
of and interest on the
Refunded Bonds as they
mature or upon earlier
redemption as provided
in Section 12.1 hereof,
and paying the Costs of
Issuance.
(c) Provision having been made for the
orderly payment until
maturity or earlier
redemption of all the
Refunded Bonds, in
accordance with their
terms, it is hereby recognized and acknowledged that as of the
date of delivery of the
Bonds under this Bond
Ordinance, provision
will have been made
for the performance
of all covenants and
agreements of the Issuer incidental to the
Refunded Bonds, and
that accordingly, and
in compliance with all
that is herein provided,
the Issuer is expected to
have no future obligation with reference to
the aforesaid Refunded
Bonds, except to assure that the Refunded
Bonds are paid from the
Defeasance Obligations
and funds so escrowed
in accordance with
the provisions of the
Escrow Agreement.
(d) The Escrow
Agreement is hereby
approved by the Issuer and the Executive
Officers are hereby
authorized and directed
to execute and deliver
the Escrow Agreement
on behalf of the Issuer
substantially in the
form of Exhibit C hereof, with such changes,
additions, deletions or
completions deemed
appropriate by such
signing officials, and it
is expressly
provided and covenanted that all of
the provisions for the
payment of the principal of, premium, if
any, and interest on the
Refunded Bonds from
the special trust fund
created under the Escrow Agreement shall
be strictly observed and
followed in all respects.
SECTION 2.2. Bond
Ordinance to Constitute Contract. In consideration of the pur-
The principal of the
Bonds shall be payable
by check of the Issuer
upon presentation and
surrender of the Bonds
at the principal office
of the Paying Agent.
Interest on the Bonds
is payable by check
mailed on or before the
Interest Payment Date
by the Paying Agent
to the Owner (determined as of the close of
business on the Record
Date) at the address
of such Owner as it
appears on the registration books of the Paying Agent maintained
for such purpose.
Except as otherwise
provided in this Section, the Bonds shall
bear interest from date
thereof or from the
most recent Interest
Payment Date to which
interest has been paid
or duly provided for, as
chase and acceptance
of the Bonds by those
who shall own the same
from time to time, the
provisions of this Bond
Ordinance shall be a
part of the contract
of the Issuer with the
Owners of the Bonds
and shall be deemed to
be and shall constitute
a contract between the
Issuer and the Owners
from time to time of the
Bonds. The provisions,
covenants and agreements herein set forth
to be performed by or
on behalf of the Issuer
shall be for the equal
benefit, protection and
security of the Owners
of any and all of the
Bonds, each of which
Bonds, regardless of
the time or times of its
issue or maturity, shall
be of equal rank without preference, priority
or distinction over any
other thereof except as
expressly provided in
this Bond Ordinance.
SECTION 2.3. Obligation of Bonds.
The Bonds shall constitute general obligations of the Issuer,
and the full faith and
credit of the Issuer
is hereby pledged for
their payment and
for the payment of all
the interest thereon.
The Issuer is bound
under the terms and
provisions of law and
this Bond Ordinance
to impose and collect
annually, in excess of
all other taxes, a tax on
all the property subject
to taxation within the
territorial limits of the
Issuer, sufficient to pay
the principal of and
interest on the Bonds
falling due each year,
said tax to be levied and
collected by the same
officers, in the same
manner and at the same
time as other taxes are
levied and collected
within the territorial
limits of the Issuer. All
ad valorem taxes levied
by the Issuer in each
year for the payment of
the Bonds shall, upon
their receipt, be transferred to the Governing
Authority, which shall
have responsibility
for the deposit of such
receipts and for the investment and reinvest-
the case may be, provided, however, that if and
to the extent that the Issuer shall default in the
payment of the interest
on the Bonds due on
any Interest Payment
Date, then the Bonds
shall bear interest from
the most recent Interest
Payment Date to which
interest has been paid
on the Bonds, or if no
interest has been paid
on the Bonds, from
their dated date.
The person in whose
name any Bond is registered at the close of
business on the Record
Date with respect to
an Interest Payment
Date shall in all cases
be entitled to receive
the interest payable on
such Interest Payment
Date notwithstanding
the cancellation of such
Bond upon any registration of transfer or
Bonds, Temporary
Bonds. Until the definitive Bonds are prepared,
the Issuer may execute,
in the same manner as
SECTION 3.2. Bonds
Mutilated, Destroyed, is provided in Section
SECTION 2.4. AuthoriStolen or Lost. In case 3.5, and deliver, in lieu
of definitive Bonds, but
zation and Designation.
any Bond shall become
Pursuant to the provimutilated or be improp- subject to the same provisions, limitations and
sions of the Act, there
erly canceled, or be
is hereby authorized
destroyed, stolen or lost, conditions as the definitive Bonds except as to
the issuance of Twenty
the Issuer may in its
the denominations, one
Million Three Hundred
discretion adopt an OrNinety Thousand Doldinance and thereby au- or more temporary typelars ($20,390,000) princithorize the issuance and written Bonds substantially of the tenor of the
pal amount of Bonds of
delivery of a new Bond
definitive Bonds in lieu
the Issuer to be desigin exchange for and
of which such temponated “General Obligasubstitution for such
tion Refunding Bonds,
mutilated or improperly rary Bond or Bonds are
issued, in authorized
Series 2016, of St. John All Bonds presented for canceled Bond, or in
the Baptist Parish,
registration of transfer lieu of and substitution denominations, and
with such omissions, inState of Louisiana,” for or exchange shall be ac- for the Bond destroyed,
sertions and variations
the purposes set forth
companied by a written stolen or lost, upon the
as may be appropriate to
in Section 2.1(b) above. instrument or instruOwner (i) furnishing
temporary Bonds.
The Bonds shall be in
ments of transfer in
the Issuer and the Paysubstantially the form
form and with a guaring Agent proof of his
SECTION 3.4. Canset forth as Exhibit D
anty of signature satownership thereof and
cellation of Bonds.
hereto, with such neces- isfactory to the Paying
proof of such mutilasary or appropriate
Agent, duly executed
tion, improper cancella- All Bonds paid either
at or before maturity,
variations, omissions
by the Owner or his attion, destruction, theft
together with all Bonds
and insertions as are
torney duly authorized
or loss satisfactory to
purchased by the Isrequired or permitin writing.
the Issuer and the Paysuer, shall thereupon
ted by the Act and this
ing Agent, (ii) giving
be promptly canceled
Bond Ordinance.
Upon surrender for
to the Issuer and the
by the Paying Agent.
registration of transfer Paying Agent an inThe Paying Agent shall
This Governing Author- of any Bond, the Paydemnity bond in favor
thereupon promptly
ity hereby finds and de- ing Agent shall register of the Issuer and the
furnish to the Issuer an
termines that upon the and deliver in the name Paying Agent in such
appropriate certificate
issuance of the Bonds,
of the transferee or
amount as the Issuer
of cancellation.
the total outstanding
transferees one or more may require, (iii) comamount of general obli- new fully registered
plying with such other
SECTION 3.5. Execugation bonds of the IsBonds of authorized de- reasonable regulations
tion. The Bonds shall
suer issued and deemed nomination of the same and conditions as the
be executed in the name
to be outstanding will
maturity and interest
Issuer may prescribe
and on behalf of the
not exceed the Issuer’s
rate, and like aggregate and (iv) paying such
Issuer by the manual
general obligation bond principal amount. At
expenses as the Issuer
or facsimile signatures
limit.
the option of an Owner, and the Paying Agent
of the Executive OffiBonds may be exmay incur. All Bonds
SECTION 2.5. Dechanged for other Bonds so surrendered shall be cers and the corporate
seal of the Issuer (or a
nominations, Dates,
of authorized denomidelivered to the Paying
facsimile thereof) shall
Maturities and
nations of the same
Agent for cancellation
be thereunto affixed,
Interest. The Bonds
maturity and interest
pursuant to Section 3.4
imprinted, engraved or
are issuable as fully
rate, and like aggregate hereof. If any Bond
registered bonds in the principal amount, upon shall have matured or be otherwise reproduced
minimum denominasurrender of the Bonds about to mature, instead thereon. In case any
one or more of the oftions of $100,000 and
to be exchanged at the
of issuing a substitute
ficers who shall have
$1,000 increments
principal office of the
Bond, the Issuer may
signed or sealed any of
thereof within a single Paying Agent. Whenev- pay the same, upon
the Bonds shall cease
maturity, shall be dated er any Bonds are so sur- being indemnified as
to be such officer before
the date of delivery and rendered for exchange,
aforesaid, and if such
the Bonds so signed and
shall be numbered from the Paying Agent shall
Bond be lost, stolen or
sealed shall have been
R-1 upward. The unpaid register and deliver in
destroyed, without suractually delivered, such
principal of the Bonds
exchange therefor the
render thereof.
Bonds may nevertheshall bear interest from Bond or Bonds which
less, be delivered as
the date thereof or from the Owner making the
Any such duplicate
herein provided, and
the most recent Interest exchange shall be enBond issued pursuant
may be issued as if the
Payment Date to which titled to receive.
to this Section shall
person who signed or
interest has been paid
constitute an original,
sealed such Bonds had
or duly provided for,
No service charge to the additional, contractual
payable semi-annually
Owners shall be made
obligation on the part of not ceased to hold such
office. Said officers
on each Interest Payby the Paying Agent
the Issuer, whether or
ment Date, commencfor any exchange or
not the lost, stolen or de- shall, by the execution
of the Bonds, adopt as
ing September 1, 2016,
registration of transfer stroyed Bond be at any
and for their own proper
at the following rates of of Bonds. The Paying
time found by anyone.
signatures their respecinterest and shall maAgent may require
Such duplicate Bond
tive facsimile signatures
ture serially on March 1 payment by the person
shall be in all respects
appearing on the Bonds
of each year as follows: requesting an exchange identical with those
or any legal opinion
or registration of
replaced except that it
certificate thereon, and
transfer of Bonds of a
shall bear on its face
sum sufficient to cover
the following additional the Issuer may adopt
and use for that purpose
any tax or other govern- clause:
the facsimile signature
mental charge that may
of any person or perbe imposed in relation
“This bond is issued to
sons who shall have
thereto.
replace a lost, canceled
or destroyed bond under been such officer at any
time on or after the date
The Issuer and the
the authority of R.S.
of such Bond, notwithPaying Agent shall not
39:971 through 39:974.”
standing that at the date
be required to issue,
of such Bond such perregister the transfer of
Such duplicate Bond
son may not have held
or exchange any Bond
may be signed by the
such office or that at the
during a period beginfacsimile signatures
exchange thereof subtime when such Bond
ning at the opening of
of the same officers
sequent to such Record business on a Record
who signed the original shall be delivered such
Date and prior to such
person may have ceased
Date and ending at the
Bonds, provided, howInterest Payment Date. close of business on the ever, that in the event
to hold such office.
Interest Payment Date.
the officers who executNotwithstanding the
SECTION 3.6. Reged the original Bonds
foregoing, it is express- All Bonds delivered
istration by Paying
are no longer in office,
ly provided that the
upon any registration of then the new Bonds may Agent. No Bond shall
Bonds shall be issued
transfer or exchange of
be signed by the officers be valid or obligatory
for convenience in the
for any purpose or enBonds shall be valid ob- then in office. Such
form of a single, fully
titled to any security or
ligations of the Issuer,
duplicate Bonds shall
registered bond in the
evidencing the same
be entitled to equal and benefit under this Bond
entire principal amount debt and entitled to the
Ordinance unless and
proportionate benefits
of the issuance, matur- same benefits under this and rights as to lien and until a certificate of reging in installments as
istration on such Bond
Bond Ordinance as the
source and security for
shown above.
substantially in the
Bonds surrendered.
payment as provided
form set forth in Exhibit
herein with respect to
ARTICLE III
D hereto shall have been
Prior to due presentall other Bonds hereGENERAL TERMS
duly executed on behalf
ment for registration of under, the obligations
AND PROVISIONS OF transfer of any Bond,
of the Paying Agent by a
of the Issuer upon the
THE BONDS
duly authorized signathe Issuer and the
duplicate Bonds being
tory, and such executed
Paying Agent, and any
identical to its obligaSECTION 3.1. Excertificate of the Paying
agent of the Issuer or
tions upon the original
change of Bonds;
Agent upon any such
the Paying Agent may
Bonds and the rights
Persons Treated as
deem and treat the perof the Owner of the du- Bond shall be concluOwners. The Issuer
son in whose name any
plicate Bonds being the sive evidence that such
shall cause books for
Bond is registered as the same as those conferred Bond has been executed,
the registration and
registered and delivered
absolute owner thereof
by the original Bonds.
for the registration of
under this Bond Ordifor all purposes,
transfer of the Bonds as whether or not such
nance.
SECTION 3.3. Prepaprovided in this Bond
Bond shall be overdue,
ration of Definitive
ment of such receipts
and the servicing of the
Bonds and any other
general obligation
bonds of the Issuer.
Ordinance to be kept by
the Paying Agent at its
principal office, and the
Paying Agent is hereby
constituted and appointed the registrar for
the Bonds. At reasonable times and under
reasonable regulations
established by the Paying Agent said list may
be inspected and copied
by the Issuer or by the
Owners (or a designated
representative thereof)
of 15% of the outstanding principal amount of
the Bonds.
and shall not be bound
by any notice to the
contrary.
WEDNESDAY, APRIL 20, 2016
| L’OBSERVATEUR |
Public Notices
PAGE 9B
Wednesday, April 20, 2016
ARTICLE IV
SINKING FUND;
PAYMENT OF BONDS
SECTION 4.1. Sinking Fund. (a) For the
payment of the principal of and the interest on the Bonds, the
Issuer will maintain
a special fund, to be
held by the regularly
designated fiscal agent
of the Issuer (the “Sinking Fund”), into which
the Issuer will deposit
the proceeds of the
aforesaid tax described
in Section 2.3 hereof.
In advance of each
Interest Payment Date,
the depository for the
Sinking Fund shall
make available funds
fully sufficient to pay
promptly the principal
and interest falling due
on such date.
(b) All moneys deposited with the regularly
designated fiscal agent
bank or banks of the
Issuer or the Paying
Agent under the terms
of this Bond Ordinance
shall constitute sacred
funds for the benefit
of the Owners of the
Bonds, and shall be
secured by said fiduciaries at all times to the
full extent thereof in
the manner required
by law for the securing
of deposits of public
funds.
(c) All or any part of
the moneys in the
Sinking Fund shall, at
the written request of
the Issuer, be invested
in accordance with the
provisions of the laws
of the State of Louisiana, in which event all
income derived from
such investments shall
be added only to the
Sinking Fund. Accrued interest, if any,
received upon delivery
of the Bonds shall be
invested only in Government Securities
maturing on or prior to
the first Interest Payment Date.
SECTION 4.2. Payment of Bonds. The
Issuer shall duly and
punctually pay or cause
to be paid as herein
provided the principal
of every Bond and the
interest thereon, at the
dates and places and
in the manner stated
in the Bonds according
to the true intent and
meaning thereof.
ARTICLE V
REDEMPTION OF
BONDS
SECTION 5.1. Redemption of Bonds.
The Bonds shall not be
callable for redemption
prior to their stated
maturity.
ARTICLE VI
APPLICATION OF
BOND PROCEEDS
SECTION 6.1. Application of Bond
Proceeds. As a condition of the issuance of
the Bonds, the Issuer
hereby binds and obligates itself to:
(a) Deposit irrevocably
in trust with the Escrow Agent under the
terms and conditions
of the Escrow Agreement, as hereinafter
provided, an amount
of the proceeds derived
from the issuance and
sale of the Bonds, together with additional
moneys provided by the
Issuer in the amount
determined by the
Issuer, as will enable
the Escrow Agent to
immediately purchase
the Defeasance Obligations described in the
Escrow Agreement,
which shall mature in
principal and interest
in such a manner as to
provide at least the required cash amount on
or before each payment
date for the Refunded
Bonds (said amounts
being necessary on
each of the designated
dates to pay and retire
or redeem the Refunded
Bonds). The moneys
so deposited with the
Escrow Agent shall
constitute a trust fund
irrevocably dedicated
for the use and benefit
of the owners of the
Refunded Bonds.
(b) Deposit in the
Expense Fund established with the Escrow
Agent such amount
of the proceeds of the
Bonds as will enable
the Escrow Agent to
pay the Costs of Issuance and the costs
properly attributable to
the establishment and
administration of the
Escrow Funds created
pursuant to the Escrow
Agreements on behalf
of the Issuer.
ARTICLE VII
SUPPLEMENTAL
BOND ORDINANCES
SECTION 7.1. Supplemental Ordinances
Effective Without
Consent of Owners.
For any one or more of
the following purposes
and at any time from
time to time, an ordinance supplemental
hereto may be adopted,
which, upon the filing
with the Paying Agent
of a certified copy
thereof, but without
any consent of Owners,
shall be fully effective
in accordance with its
terms:
(a)
to add to the
covenants and agreements of the Issuer in
the Bond Ordinance
other covenants and
agreements to be
observed by the Issuer
which are not contrary
to or inconsistent with
the Bond Ordinance as
theretofore in effect;
(b)
to add to the
limitations and restrictions in the Bond Ordinance other limitations
and restrictions to be
observed by the Issuer
which are not contrary
to or inconsistent with
the Bond Ordinance as
theretofore in
effect;
(c)
to surrender
any right, power or
privilege reserved to or
conferred upon the Issuer by the terms of the
Bond Ordinance, but
only if the surrender
of such right, power or
privilege is not contrary to or inconsistent
with the covenants
and agreements of the
Issuer contained in the
Bond Ordinance;
(d)
to cure any
ambiguity, supply any
omission, or cure or
correct any defect or
inconsistent provision
of the Bond Ordinance;
or
(e)
to insert such
provisions clarifying
matters or questions
arising under the
Bond Ordinance as are
necessary or desirable
and are not contrary
to or inconsistent with
the Bond Ordinance as
theretofore in effect.
SECTION 7.2. Supplemental Ordinances
Effective With Consent of Owners.
Except as provided in
Section 7.1, any modification or amendment
of the Bond Ordinance
or of the rights and obligations of the Issuer
and of the Owners of
the Bonds hereunder, in
any particular, may be
made by a supplemental ordinance, with the
written consent of the
Owners of a majority
of the Bond Obligation
at the time such consent is given. No such
modification or amendment shall permit a
change in the terms of
redemption or maturity
of the principal of any
outstanding Bond or
of any installment of
interest thereon or a
reduction in the principal amount or redemption price thereof or
in the rate of interest
thereon without the
consent of the Owner
of such Bond, or shall
reduce the percentages
of Bonds the consent of
the Owner of which is
required to effect any
such modification or
amendment, or change
the obligation of the Issuer to levy and collect
taxes for the payment
of the Bonds as provided herein, without the
consent of the Owners
of all of the Bonds then
outstanding, or shall
change or modify any
of the rights or obligations of either the
Paying Agent or the Escrow Agent without its
written assent thereto.
For the purposes of
this Section, Bonds
shall be deemed to be
affected by a modification or amendment of
the Bond Ordinance if
the same adversely affects or diminishes the
rights of the Owners of
said Bonds.
A supplemental ordinance, upon the filing
with the Paying Agent
of a certified copy
thereof, shall become
fully effective in accordance with its terms.
ARTICLE VIII
TAX COVENANTS
SECTION 8.1. Tax
Covenants. The Issuer
covenants and agrees
that, to the extent
permitted by the laws
of the State of Louisiana, it will comply with
the requirements of
the Code to in order to
establish, maintain and
preserve the exclusion
from “gross income” of
interest on the Bonds
under the Code. The Issuer shall not take any
action or fail to take
any action, nor shall
it permit at any time
or times any of the
proceeds of the Bonds
or any other funds of
the Issuer to be used
directly or indirectly in
any manner, to acquire
any securities or obligations the acquisition of
which would cause any
Bond to be an “arbitrage bond” as defined
in the Code or would
result in the inclusion
of the interest on any
Bond in “gross income”
under the Code, including, without limitation,
(i) the failure to comply
with the limitation
on investment of the
proceeds of the Bonds,
(ii) the failure to pay
any required rebate of
arbitrage
earnings to the United
States of America, or
(iii) the use of the proceeds of the Bonds in
a manner which would
cause the Bonds to be
“private activity bonds”
under the Code.
The Executive Officers
are hereby empowered,
authorized and directed
to take any and all action and to execute and
deliver any instrument,
document or certificate
necessary to effectuate
the purposes of this
Section.
ARTICLE IX
REMEDIES ON
DEFAULT
SECTION 9.1. Events
of Default. If one or
more of the following
events (in this Bond Ordinance called “Events
of Default”) shall happen, that is to say,
(a)
if default shall
be made in the due and
punctual payment of
the principal of any
Bond when and as the
same shall become due
and payable, whether at
maturity or otherwise;
or
(b)
if default shall
be made in the due
and punctual payment
of any installment of
interest on any Bond
when and as such interest installment shall
become due and payable; or
(c)
if default shall
be made by the Issuer
in the performance
or observance of any
other of the covenants,
agreements or conditions on its part in the
Bond Ordinance, any
supplemental ordinance or in the Bonds
contained and such
default shall continue
for a period of forty-five
(45) days after written
notice thereof to the
Issuer by the Insurer or
any Owner; or
(d)
if the Issuer
shall file a petition or
otherwise seek relief
under any Federal or
State bankruptcy law or
similar law;
then, upon the happening and continuance of
any Event of Default
the Owners of the
Bonds shall be entitled
to exercise all rights
and powers for which
provision is made under Louisiana law.
ARTICLE X
CONCERNING
FIDUCIARIES
SECTION 10.1. Escrow Agent; Appointment and Acceptance
of Duties. Argent
Trust Company, in
the City of Ruston,
Louisiana, is hereby appointed Escrow Agent.
The Escrow Agent
shall signify its acceptance of the duties and
obligations imposed
upon it by this Bond
Ordinance by executing and delivering the
Escrow Agreement.
The Escrow Agent is
authorized to file, on
behalf of the Issuer,
subscription forms for
any Government Securities required by the
Escrow Agreement.
SECTION 10.2.
Paying Agent; Appointment and Acceptance of Duties. The
Issuer will at all times
maintain a Paying
Agent having the necessary qualifications for
the performance of
the duties described in
this Bond Ordinance.
The designation of the
Council Secretary as
the initial Paying Agent
is hereby confirmed
and approved. The Paying Agent shall signify
its acceptance of the
duties and obligations
imposed on it by the
Bond Ordinance. The
Governing Authority
reserves the right to
appoint a successor
Paying Agent by filing
with the Person then
performing such function a certified copy of
an ordinance giving notice of the termination
of the agreement and
appointing a successor and causing notice
to be given to each
Owner. Furthermore,
the Paying Agent may
be removed by the Issuer at any time for any
breach of its duties set
forth herein, effective
upon appointment of a
successor Paying Agent
as set forth above. Any
successor Paying Agent
appointed hereunder
shall at all times be a
trust company or bank
organized and doing
business under the laws
of the United States
of America or of any
State, authorized under
such laws to exercise
trust powers, and subject to supervision or
examination by Federal
or State authority.
ARTICLE XI
SALE OF BONDS
SECTION 11.1.
Award of Bonds.
The Bonds are hereby
awarded and sold to
the Purchaser. The
Issuer hereby accepts
the Commitment Letter
of the Purchaser to
purchase the Bonds,
attached as Exhibit B
hereto, and expressly
selects “Option (A)” on
the Commitment Letter.
Any other terms of the
Commitment Letter
not otherwise contained herein shall be
incorporated herein by
reference. The Bonds
shall be delivered to the
Purchaser or its agents
or assigns, upon receipt
by the Issuer (directly
or indirectly) of the
agreed purchase price.
SECTION 11.2. Placement Agent. Stifel
Nicolaus & Company,
Incorporated, Baton
Rouge, Louisiana,
previously appointed as
underwriter in accordance with the resolution adopted by this
Governing Authority
on February 10, 2016,
giving preliminary approval to the issuance
of the Bonds, is hereby
confirmed as Placement
Agent.
ARTICLE XII
REDEMPTION OF
REFUNDED BONDS
SECTION 12.1 Call
for Redemption.
$18,615,000 of the Series
2009 Bonds, maturing
March 1, 2020 to March
1, 2029, inclusive, as
more fully described
in Exhibit A hereto,
are hereby called for
redemption on their
respective call dates, at
the principal amount of
each bond so redeemed,
together with accrued
interest to the call date,
in compliance with the
Ordinance authorizing
their issuance.
SECTION 12.2. Notice of Redemptions.
In accordance with the
Ordinance authorizing the issuance of the
Refunded Bonds, notices of redemption in
substantially the forms
attached hereto as
Exhibit E, shall be sent
by the paying agent for
the Refunded Bonds to
the registered owners
of the Refunded Bonds
as the same appear on
the registration books
of said paying agent
by means of first class
mail, postage prepaid,
by notice deposited in
the United States mail
not less than thirty (30)
days prior to the date of
redemption.
ARTICLE XIII
MISCELLANEOUS
SECTION 13.1. Defeasance. If the Issuer
shall pay or cause to be
paid to the Owners of
all Bonds then outstanding, the principal
and interest to become
due thereon, at the
times and in the manner stipulated therein
and in the Bond Ordinance, then the covenants, agreements and
other obligations of the
Issuer to the Owners
shall be discharged and
satisfied. In such event,
the Paying Agent shall,
upon the request of
the Issuer, execute and
deliver to the Issuer all
such instruments as
may be desirable to evidence such discharge
and satisfaction and
the Paying Agent shall
pay over or deliver to
the Issuer all moneys,
securities and funds
held by them pursuant
to the Bond Ordinance
which are not required
for the payment of
Bonds not theretofore
surrendered for such
payment.
Bonds or interest install¬ments
for the payment or
redemp¬tion of which
money shall have been
set aside and shall be
held in trust (through
deposit by the Issuer
of funds for such payment or redemption
or otherwise) at the
maturi¬ty or redemption date thereof shall
be deemed to have been
paid within the meaning and with the effect
expressed above in this
Section, if they have
been defeased pursuant
to Chapter 14 of Title
39 of the Louisiana Revised Statutes of 1950,
as amended, or any
successor provisions
thereto.
SECTION 13.2. Continuing Disclosure.
It is recognized that
the Issuer will not be
required to comply
with the continuing
disclosure requirements described in the
Rule 15c2-12(b) of the
Securities and Exchange Commission [17
CFR ‘240.15c2-12(b)] (the
“Rule”), because the
Bonds are not municipal securities subject to
the Rule and because:
(a) the Bonds are
not being purchased
by a broker, dealer or
municipal securities
dealer acting as an underwriter in a primary
offering of municipal
securities, and
(b) the Bonds are being sold to only one financial institution (i.e.,
PAGE 10B
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
Public Notices
Wednesday, April 20, 2016
no more than thirty-five
persons), which (i) has
such knowledge and
experience in financial
and business matters
that it is capable of
evaluating the merits
and risks of the prospective investment in
the Bonds and (ii) is not
purchasing the Bonds
for more than one account or with a view to
distributing the Bonds.
SECTION 13.3. Evidence of Signatures
of Owners and Ownership of Bonds. (a)
Any request, consent,
revocation of consent
or other instrument
which the Bond Ordinance may require or
permit to be signed and
executed by the Owners
may be in one or more
instruments of similar tenor, and shall be
signed or executed by
such Owners in person
or by their attorneysin-fact appointed in
writing. Proof of the
execution of any such
instrument, or of an
instrument appointing
any such attorney, or
the ownership by any
person of the Bonds
shall be sufficient for
any purpose of the
Bond Ordinance (except
as otherwise therein
expressly provided) if
made in the following
manner, or in any other
manner satisfactory to
the Paying
Agent, which may
nevertheless in its discretion require further
or other proof in cases
where it deems the
same desirable:
(1)
the fact and
date of the execution by any Owner or
his attorney-in-fact
of such instrument
may be proved by the
certificate, which need
not be acknowledged or
verified, of an officer of
a bank or trust company or of any notary
public or other officer
authorized to take
acknowledgements of
deeds, that the person
signing such request
or other instrument
acknowledged to him
the execution thereof,
or by an affidavit of a
witness of such execution, duly sworn
to before such notary
public or other officer.
Where such execution
is by an officer of a
corporation or association or a member of a
partnership, on behalf
of such corporation,
association or partnership, such certificate
or affidavit shall also
constitute sufficient
proof of his authority;
(2)
the ownership of Bonds and the
amount, numbers and
other identification,
and date of owning the
same shall be proved by
the registration books
of the Paying Agent.
(b) Any request or consent by the Owner of
any Bond shall bind all
future Owners of such
Bond in respect of anything done or suffered
to be done by the Issuer
or the Paying Agent in
accordance therewith.
SECTION 13.4.
Moneys Held for
Particular Bonds. The
amounts held by the
Paying Agent for the
payment due on any
date with respect to
particular Bonds shall,
on and after such date
and pending such payment, be set aside on its
books and held in trust
by it, without liability for interest, for the
Owners of the Bonds
entitled thereto.
SECTION 13.5. Parties Interested Herein. Nothing in the Bond
Ordinance expressed
or implied is intended
or shall be construed to
confer upon, or to give
to, any person or entity,
other than the Issuer,
the Paying Agent, the
Escrow Agent and the
Owners of the Bonds
any right, remedy or
claim under or by reason of the Bond Ordinance or any covenant,
condition or stipulation
thereof; and all the
covenants, stipulations,
promises and agreements in the Bond Ordinance contained by and
on behalf of the Issuer
shall be for the sole
and exclusive benefit
of the Issuer, the Paying Agent, the Escrow
Agent and the Owners
of the Bonds and the
Refunded Bonds.
SECTION 13.6. No
Recourse on the
Bonds. No recourse
shall be had for the payment of the principal
of or interest on the
Bonds or for any claim
based thereon or on
this Bond Ordinance
against any member of
the Governing Authority or officer of the
Issuer or any person
executing the Bonds.
SECTION 13.7. Successors and Assigns.
Whenever in this Bond
Ordinance the Issuer is
named or referred to, it
shall be deemed to include its successors and
assigns and all the covenants and agreements
in this Bond Ordinance
contained by or on behalf of the Issuer shall
bind and inure to the
benefit of its successors
and assigns whether so
expressed or not.
SECTION 13.8.
Subrogation. In the
event the Bonds herein
authorized to be issued,
or any of them, should
ever be held invalid by
any court of competent
jurisdiction, the Owner
or Owners thereof shall
be subrogated to all the
rights and remedies
against the Issuer had
and possessed by the
Owner or Owners of
the Refunded Bonds.
SECTION 13.9.
Severability. In case
any one or more of the
provisions of the Bond
Ordinance or of the
Bonds issued hereunder shall for any reason
be held to be illegal or
invalid, such illegality
or invalidity shall not
affect any other provision of the Bond Ordinance or of the Bonds,
but the Bond Ordinance
and the Bonds shall be
construed and enforced
as if such illegal or
invalid provisions had
not been contained
therein. Any constitutional or statutory
provision enacted after
the date of the Bond
Ordinance which validates or makes legal
any provision of the
Bond Ordinance or the
Bonds which would not
otherwise be valid or
legal shall be deemed
to apply to the Bond
Ordinance and to the
Bonds.
SECTION 13.10.
Recital of Regularity.
This Governing Authority having investigated
the regularity of the
proceedings had in connection with the Bonds
herein authorized and
having determined the
same to be regular, the
Bonds shall contain the
following recital, to-wit:
“It is certified that this
Bond is authorized by
and is issued in conformity with the requirements of the Constitution and statutes of this
State.”
SECTION 13.11. Publication. A copy of this
Bond Ordinance shall
be published immediately after its adoption
in one (1) issue of the
official journal of the
Issuer.
And the ordinance was
declared adopted on
this, the 12th day of
April, 2016.
/s/ Jackie Landeche
Secretary
/s/ Marvin Perrilloux
Chairman
APPROVED BY:
s/ Natalie Robottom
Parish President
L--2614 1T 4-20
ST. JOHN THE
BAPTIST PARISH
COUNCIL
STATE OF
LOUISIANA
ORDINANCE
16-14
Mrs. Robottom introduced the following
ordinance.
Mr. Madere proposes
and Ms. Hotard seconds
the following ordinance:
THE ST. JOHN THE
BAPTIST PARISH
COUNCIL HEREBY
ORDAINS:
An ordinance to
amend St. John the
Baptist Parish Code
of Ordinances to create Chapter 2.5 - Code
Enforcement by Administrative Adjudication, to establish and
SECTION 13.12. Exe- authorize a procedure
cution of Documents. for administrative
adjudication and posiIn connection with the
tion of administrative
issuance and sale of
hearing officer(s), to
the Bonds, the Execuread as follows:
tive Officers are each
authorized, empowered
and directed to execute Chapter 2.5 Code Enon behalf of the Issuer forcement by Adminsuch documents, certifi- istrative Adjudication
Sec. 2.5 - 1. - Authoricates and instruments
zation and establishas they may deem necessary, upon the advice ment.
(a)
Pursuant to the
of bond counsel, to
applicable
provisions
effect the transactions
of
LA.
R.S.
13:2575 and
contemplated by this
all other applicable
Bond Ordinance, the
statutes, ordinances,
signatures of the Executive Officers on such rules and regulations, a
documents, certificates procedure for administrative adjudication and
and instruments to be
position of administraconclusive evidence
tive hearing officer(s)
of the due exercise of
are hereby established.
the authority granted
(b)
Hearing officers
hereunder.
who have been duly
SECTION 13.13. Post- appointed and sworn
Issuance Compliance. in, in accordance with
The Executive Officers the provisions of this
and/or their designees sub-chapter, shall have
the authority to hear
are directed to estaband decide any alleged
lish, continue, and/or
public health violaamend, as applicable,
tion, housing violation,
written procedures
which shall also ento assist the Issuer in
compass the terms and
complying with variapplicable provisions of
ous State and Federal
R.S. 14:107.3, building
statues, rules and
codes, zoning, vegregulations applicable
etation, and nuisance
to the Bonds and are
ordinances, fire code
further authorized to
take any and all actions violation, violation of
environmental regulaas may be required by
said written procedures tions, historic district
ordinance violations,
to ensure continued
any matters involving
compliance with such
statues, rules and regu- alleged licensing and
permit violations, and
lations throughout the
any other ordinance
term of the Bonds.
violations that may be
determined by the ParSECTION 13.14.
Bonds are not “Bank- ish Council pursuant
Qualified”. The Bonds to the procedures for
administrative adjudicaare not designated as
tion established in the
“qualified tax-exempt
obligations” within the sub-chapter.
Sec. 2.5 - 2. - Definimeaning of Section
tions.
265(b)(3) of the Code.
The following definitions shall apply in the
interpretation of this
This ordinance having
sub-chapter. Whenever
been submitted to a
applicable, the terms
vote, the vote thereon
used herein may be used
was as follows:
interchangeably. The intent and spirit of these
definitions is to include
everyone and everything that is related to
these definitions and the
properties so affected:
Decision or order shall
mean an administrative
act of the administrative hearing officer
under authority of this
sub-chapter.
Director shall mean
the head of a parish
agency or department
that enforces any public
health, housing, fire
code, environmental
regulation, historic
district ordinance,
any matters involving
licensing and permit
violations, and any
other ordinance violations that have been
determined by the St.
John the Baptist Parish
Council.
He, him, her, and she
shall be deemed to be
interchangeable; it is
understood that the
masculine and feminine
of any word is likewise
interchangeable.
Immovable property
shall mean any unimproved land, any
improved land, and any
buildings, structures or
other things, of whatever nature or description, which are permanently attached to
such land, and anything
which is otherwise
defined as immovable
by law.
Interested person shall
mean and be deemed
to include any person
with an interest in this
process.
Licensee shall mean and
be deemed to include
any person to whom a
parish license or permit
of any kind has been
issued and/or sought by
such person.
Movable property shall
mean property that is
not defined as immovable, or property that
is otherwise defined as
movable by law.
Occupant shall mean
and be deemed to
include any person
occupying immovable
property by permission
or accommodation of
the owner, former owner, lessor, lessee, tenant
or another occupant.
Officer shall mean the
administrative hearing
officer.
Owner shall mean and
be deemed to include
any person who possesses an interest in
immovable property
located in St. John the
Baptist Parish; such
interest may or may
not be recorded on the
public records.
Parish shall mean St.
John the Baptist Parish
inclusive of the office
of the Parish President.
Permittee shall mean
and be deemed to include any person who
has sought and/or been
granted permission to
act or take action and
which is ordinarily derived from the granting
of a permit.
Person shall mean and
be deemed to include
any individual, and
any legal entity, with
the power to sue or be
sued, and any person or
entity with the power
to own, alienate and/
or encumber immovable property; shall be
deemed to include any
individual, entity or
being, capable of being sued or capable of
bringing suit.
Property means movable and immovable
property.
Respondent or alleged
violator shall mean any
person or entity, including any landowner,
occupant, tenant, lessee, lessor, and/or the
authorized representative of any such person
or entity who had been
given a notice of violation under this Chapter.
Registration and license
may be used interchangeably.
Tenant shall mean and
be deemed to include
any person who rents,
uses, or otherwise occupies a building, structure or property owned
or leased by another.
Violation shall encompass all ordinances, including but not limited
to building codes, zoning, planning, vegetation, housing, blighted
properties, dangerous
structures and nuisance ordinances.
Violator shall mean a
person who has been
found liable for a
violation or ordered to
correct a violation in an
order issued under this
Chapter.
Sec. 2.5 - 3. - Inclusion
and adoption of all
existing sections and
subsections of this
Code.
(a)
It is the intention of the Parish to
adopt and include, interchangeably, all rules,
regulations, fines and
penalties of the Code of
Ordinances (including
but not limited to any
amendments thereto
and supplements) to the
extent that the Parish has the authority
to initiate investigations, investigate, refer
matters to additional
agencies or departments, and otherwise
fully participate in any
and all regulatory matters of the Parish and
all ordinances that may
hereinafter be adopted.
Sec. 2.5 - 4. - Referral
for disposition.
(a)
The parish
enforcement officers
shall be specifically
vested with the right to
exclusively refer matters to the office of the
District Attorney and/
or the Administrative
Hearing Officer on a
case-by-case basis as
exclusively determined
by the Parish.
Sec. 2.5 - 5. - Conflicts.
(a)
It is the intention and desire of this
Council to supersede
and replace all such
provisions where there
exists any conflict.
(b)
Where there
exists any conflict, the
more restrictive provision shall apply, all at
the sole discretion and
interpretation of the
Administrative Hearing
Officer.
Sec. 2.5 -6. - Hearing
officer(s).
(a)Hearing
officer(s) shall be appointed by the District
Attorney’s Office
and shall serve at the
pleasure of the District
Attorney.
(b)
All hearing
officers shall be sworn
before the District
Attorney to uphold
the Constitution of
the United States, the
laws and Constitution
of the State of Louisiana, and the Charter
and Ordinances of the
Parish, and to abide
by the provisions of
the Louisiana Code of
Governmental Ethics
before assuming office.
(1)
A hearing officer shall be an attorney
licensed to practice law
in the State of Louisiana.
(2)
A hearing officer shall be an attorney
in good standing with
any and all courts of
this state.
Sec. 2.5 - 7. - Authority to assess and levy.
The officer shall have
the authority to assess
and levy all civil fines,
penalties and costs that
now exist in the Code of
Ordinances and those
that are created herein-
WEDNESDAY, APRIL 20, 2016
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Wednesday, April 20, 2016
after.
Sec. 2.5 - 8. - Repair,
remediation, restoration and correction.
Notwithstanding any
provision herein to the
contrary, the officer
shall have the additional power and authority
to order repair, restoration, remediation and/
or correction of any
violation.
Sec. 2.5 – 9. - Costs,
fines and penalties.
(a)
The officer
shall have the exclusive
authority to assess and
levy the following fines,
penalties and administrative costs.
(b)
Such costs,
fines and penalties as
may be assessed are
separate and distinct
from that which may
be determined and assessed by any court of
competent jurisdiction.
(c)Costs.
(1)
The officer shall
assess costs of any proceeding when there is
finding of a violation.
(2)Administrative
costs are mandatory
and may not be waived
or reduced by the officer when determined
that the respondent has
violated any section of
the Parish Ordinances.
(3)Administrative
costs shall not be less
than one hundred dollars ($100.00), but may
include the additional
tabulation of reasonable out-of-pocket costs
expended by the Parish
(i.e. postings or advertisement, postage, photographs, video, related
office expenses, subpoena service charges,
expert fees, consultant
fees, professional service expenses, attorney
fees, and such other
reasonably related
expenses) necessary to
prosecute a matter.
(4)
Additional administrative costs may
be assessed against the
respondent by the officer to include reimbursement to the Parish for employee time
expended to prosecute a
matter.
(d)
Fines and penalties. Fines and penalties may be assessed up
to five hundred dollars
($500.00) per violation
and up to five hundred
dollars ($500.00) per day
for continuing violations.
Sec. 2.5 - 10. - Movables.
Where there exists a
violation of any ordinance and the matter
involves a movable susceptible of seizure, the
officer shall have the
authority to issue such
seizure orders as are
necessary to seize and
take control of such
movable property for
safekeeping, retention
purposes or disposal,
all as permitted in law.
Sec. 2.5 - 11. - Animals.
Where there exists a
finding that a respondent has violated an
ordinance as to any
animal, the officer shall
have the authority to
detain and refer said
animal to the office of
animal services for
proper disposition, as
per law.
Sec. 2.5 - 12. - Separate offense.
(a)
It shall be the
authority of the officer
to assess and levy a
separate fine and/or
penalty to any respondent for each offense
committed in violation
of Parish ordinances.
(b)
For each day
a violation occurs, the
same shall constitute a
separate offense regard-
less of whether such
violation is of a continuing nature.
(c)
Unless otherwise precluded by local,
state or federal law,
there shall now be no
limit on the aggregate
of any assessment, fine
or penalty.
Sec. 2.5 - 13. - Multiple/repeat offenses.
(a)
Within one (1)
year of a final determination by the officer
that a respondent has
violated an ordinance
that the respondent is
cited for the same or
similar violation of the
Parish ordinance, the
officer is authorized to
then assess and levy up
to and including twice
or double the fine and/
or penalty.
(b)
After the first
year, and in the event
of repeated violations
thereafter, the officer
may assess and levy
triple or three (3) times
the fine and/or penalty.
(c)
In the event
that a respondent
violates any ordinance
more than three (3)
times within a threeyear period, then the officer, in his discretion,
may assess and levy
such fines or penalties
as may be warranted
under the circumstances and allowed as per
law.
Sec. 2.5 - 14. - Authority to suspend, revoke, rescind applications and permits.
(a)
The officer
shall have the authority
to suspend, revoke and/
or rescind any permit
issued by the Parish for
any reason.
(b)
In the case of
suspension of a permit, the officer shall
have the authority to a
respondent to comply
with any and all ordinances so affected.
(c)
The officer shall
have the authority to
rescind and revoke any
application made to the
Parish.
Sec. 2.5 - 15. - Exemptions.
There is no intent to
create nor are there any
known exemptions to
these violations, penalties, rules or regulations.
Sec. 2.5 - 16. - Community service.
Where not precluded
at law, the officer shall
have the additional
authority and power to
order community service, at his discretion,
commensurate with the
penalties herein.
Sec. 2.5 - 17. - Schedule of costs, fines,
penalties.
Schedules of costs,
fines and penalties are
those referenced in the
Code of Ordinances.
Sec. 2.5 - 18. - Powers
of the hearing officer.
The hearing officer
shall have all power
and authority set
forth in the applicable
provisions of LA.R.S.
13:2575, the provisions
of LA.R.S. 14:107.3, all
other applicable state
laws and regulations,
and the following nonexclusive powers to:
(a)Administer
oaths and affirmations;
(b)
Issue orders,
including the declaration and certification
set forth in LA.R.S.
14:107.3, and/or administrative subpoenas
compelling the attendance of witnesses, respondents and violators
and the production of
documents;
(c)
Levy fines, fees,
penalties, and hearing
costs including, but not
limited to, the levying
of fines and costs associated with the removal
and/or securing of
dangerous structures
as authorized and
provided for in LA.R.S.
33:4754;
(d)
Order violators
to correct violations
within a stipulated
time;
(e)
Take necessary
and lawful measures to
affect correction of the
violation if the violator
fails to do so within the
time allocated by the
hearing officer;
(f)
To place, or
cause to be placed, liens
against the immovable
property located within
the Parish in or on
which the violation occurred, if the violator
fails to remit payment
for any cost and/or
fines, within 30 days of
the levy of the same;
(g)
Take such actions as are necessary
to protect the safety,
health and welfare of
the citizens and property of this Parish; and
(h)
Assume such
inherent powers as are
necessary to protect the
safety, health and welfare of the citizens and
property of this Parish.
Sec. 2.5 - 19. – Notification procedures.
(a)
Mailed notification.
(1)
Minimum
fifteen (15) days. Prior
to holding an administrative hearing for
any violation set forth
herein, and any other
ordinance violations
that may be determined
by the Parish Council,
the Parish agency or
department having
enforcement responsibility shall notify
the property owner,
as shown in the latest
assessment roles of the
Parish, at least 15 days
in advance of the date
that such a hearing is
scheduled.
(2)
Contents and
specifications. The
notification shall state
the time, date and location of the hearing,
and state the alleged
violations; and it shall
be sent by certified or
registered U.S. mail to
the owner or personally
served on the owner.
The date of the postmark shall be deemed
to be the date of delivery.
(3)
Fulfillment.
Any notification so
sent and returned by
U.S. Post Office shall be
considered as having
fulfilled the notification
requirement.
(b)
On-site notification.
(1)
Minimum five
(5) days. In addition
to the mail service
required by subsection
(a) of this section, if
a violation relates to
immovable property,
a copy of the notice
shall be affixed in a
prominent location on
the property on which
a violation is alleged,
or if safe access to the
property is not reasonably practicable, on
some prominent fixture
on the adjacent public
right-of-way as near as
possible to the property,
at least five (5) days in
advance of the date of
the hearing. It shall be
unlawful for any person
other than an agent of
the Parish to remove
such notice posted on
the public right-of-way
prior to the commencement of the hearing.
(2)
Contents. The
notice of violation shall
be, as much as possible,
in laymen’s language
susceptible of under-
standing by a person of
normal capacity, and
shall, in large print, inform the person noticed
of the need to appear
at the hearing and the
risk of penalties and
liens which may be
imposed.
Sec. 2.5 – 20. Hearing
practices and procedures.
(a) Attendance.
(1) Alleged violators. If the alleged violator does not appear at
the scheduled hearing,
the hearing officer shall
issue a subpoena for
the alleged violator that
may be served by any
agent of the agency, by
the sheriff, by any other
officer authorized by
law to serve process in
this State, by certified
mail, return receipt
requested, or by any
person who is not a
party and who is at
least eighteen (18) years
of age.
(2)
Witnesses. Witnesses subpoenaed to
testify before an agency
only to an opinion
founded on special
study or experience in
any branch of science,
or to make scientific or
professional examinations, and to state the
results thereof, shall
receive such additional
compensation from the
party who wishes to
subpoena such witness
as may be fixed by the
agency with reference
to the value of the time
employed and the degree of learning or skill
required according to
the rules of the Administrative Procedures
Act Title 49.
(3)
Enforcement.
Any order compelling
the attendance of witnesses or the production of documents shall
be enforced by the 40th
Judicial District Court
of St. John the Baptist
Parish or by any other
court of competent jurisdiction, in the same
manner as any subpoena in a civil matter.
(c)
Proceedings.
Any administrative adjudication hearing held
under the provisions
of this Chapter shall
be conducted in accordance with the rules of
evidence of the Administrative Procedure Act,
LSA R.S. Title 49, as
may be amended from
time to time. Testimony
of any person shall be
taken under oath and
shall be recorded. The
person charged with
the ordinance violation may present any
relevant evidence and
testimony at such hearing and may be represented by an attorney
at law. However, his
physical presence shall
not be required at the
hearing, and a failure
to appear shall not be
deemed an admission
under subsection (d) of
this section, if documentary evidence, duly
verified by such person,
is submitted to the
hearing officer prior to
the date of the hearing.
(d) Determination
of penalties.
(1) Reasonable
consideration. In determining the amount of
any fine or penalty, the
hearing officer shall
consider the age, financial circumstances and
physical and mental
capacity of the violator and the degree of
hardship which the fine
or penalty will impose,
shall weigh those factors against the degree
of culpability of the
violator and the gravity
of the offense, and the
damage to the public
health, safety, welfare,
and convenience and
the cost to the parish or
to others occasioned by
the offense.
(2) Calculation and
deposit. The hearing officer may, for each separate violation, order
the payment of fines
and hearing costs, the
total of which shall not
exceed the maximum
which may be imposed
on a misdemeanant by
the courts of this Parish; provided, however,
that no civil fines or
hearing costs imposed
may exceed those specified for the criminal
violation of the same
ordinance. All such
fines and costs shall be
paid into the general
fund, unless it is otherwise provided by law.
(e)
Decision.
(1) Timeframe and
contents. Within five (5)
legal days of the close
of the hearing, the
hearing officer shall issue a final order stating
whether or not the person charged is liable for
the violation; any order
assessed against him or
her; the amount of any
fine or costs assessed
against him; and a date
by which the violation
shall be corrected.
(2) Enforcement.
Any order assessing
a fine, or costs and/or
stipulating a correction
date may be enforced by
the Courts of St. John
the Baptist Parish.
(3) Notice. The final
order shall be served in
the same fashion as the
original notice or, if the
violator has counsel of
record, by mailing or
delivering the order to
counsel. The final order
shall notify the violator
of his right of appeal
and shall, so much as
possible, conform to
the stylistic and typographical requirements
established for the
notice of violation.
(4) Suspension.
The hearing officer,
for good cause, may
suspend all or a portion
of his final order and
may make any suspension contingent on the
fulfillment of some
reasonable condition.
(f)
Except as may
otherwise be applicable, any criminal
sanctions or other enforcement actions that
may be brought, such
as injunctive relief, are
not affected by these
provisions.
Sec. 2.5 - 21. - Nonexclusivity of procedures.
(a)
The procedures and remedies
established by this
sub-chapter shall not
be deemed exclusive
and may be employed
in the civil enforcement of an ordinance
before, during or after
the employment of any
other civil enforcement
mechanism provided by
law, or before, during
or after the commencement or conclusion of
enforcement action
in a civil or criminal
court, unless the civil
courts have definitely
exonerated the alleged
violator of the violation
charged.
Sec. 2.5 - 22. - Liens.
(a)
The Parish
shall have a lien and
privilege against the
immovable property
in, on, or upon which
violation(s) occurred.
The lien and privilege
shall secure all fines,
fees, costs, and penalties that are assessed
by the parish and
described in the order,
judgment, or notice
of judgment and the
notice or statement of
costs. The recordation
of the order, judgment,
or notice of judgment
and the notice or statement of costs in the
mortgage office of the
parish shall constitute
a lien and privilege
against the land upon
which violation(s) exists.
(b)
Any lien and
privilege recorded
against an immoveable
property under this
article shall be included
in the next annual ad
valorem tax bill.
(c)
The Parish,
upon recordation of the
order, judgment, notice
of judgment, or lien,
may:
(1) Apply to the Clerk
of District Court for
issuance of a writ in accordance with Code of
Civil Procedure Article
2253, under the authority of R.S. 13:2575 and
13:2576, upon describing with particularity
the immovable property and the manner in
which the writ is to be
enforced; or
(2) Institute a suit
against the owner of
record in any court of
competent jurisdiction
to enforce the order,
judgment, notice of
judgment, or lien.
(c) In order for the lien
and privilege to arise,
the order, judgment,
notice of judgment or
lien shall be final and
not subject to appeal
when recorded in the
mortgage office.
(d)
Any monies
collected pursuant to
this sub-chapter shall
first satisfy all outstanding municipal
liens recorded against
an immovable property and only when all
outstanding municipal
liens are satisfied in full
shall monies be applied
towards an immovable
property’s ad valorem
taxes.
(e) Enforcement of
liens; additional requirements.
(1)
Upon the parish instituting legal
proceedings to obtain
a writ to cause the
seizure and sale of a
property with outstanding liens, pursuant to
section 6-39 (b)(1), the
property shall also be
unoccupied.
(2) Any person
with a legally protected
interest in a property
must be provided notice
that is reasonably
calculated to apprise
them of the seizure and
upcoming sale of the
property.
Sec. 2.5 - 23. - Record
requirements.
(a)
At its commencement by notice
to the alleged violator,
every civil adjudication
proceeding shall be assigned a docket number
and a style in the form
of “In the Matter of ” or
in the form of “Parish
of St. John the Baptist
versus” followed by the
name of the alleged
violator. The record
pertaining to each proceeding shall be maintained as a separate file
in a manner similar to
the fashion in which
the clerks or court
maintain the records of
civil cases.
(b)
Each department or agency charged
with the enforcement
of an ordinance within
the scope of this Chapter shall maintain a log
or index of all civil adjudication proceedings,
which shall set forth
information including
PAGE 12B
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
Public Notices
Wednesday, April 20, 2016
but not limited to the
following:
(1)
The style and
docket number of the
case and the date it was
commenced;
(2)
The ordinance
or ordinances allegedly
violated;
(3)
The date or
dates of the alleged
violations;
(4)
The address(es)
or other description of
the property on which
the alleged violation(s)
occurred;
(5)
A statement as
to whether any civil or
criminal court proceedings pertaining to the
alleged violations are
or were pending, the
dates or any hearings,
trials, or continuances,
and the dates of their
commencement and/or
termination and, if the
case is terminated, of
its final disposition;
(6)
A statement
as to the dates of any
hearing and of any final
order in the case and as
to whether and when
any lien was filed;
(7)
A statement as
to the date of filing and
disposition of any appeal;
(8)
The hearing
officer shall review this
log or index regularly
to ensure that no civil
or criminal remedies of
the parish are permitted
to prescribe.
Sec. 2.5 - 24. - Superseding ordinance.
When the ordinance
from which this Chapter
derives is applied, its
provisions shall supersede all ordinances, or
parts of ordinances,
previously adopted and
in conflict herewith.
Sec. 2.5 - 25. - Appeals.
Any person determined
by the hearing officer
to be in violation of a
public health, housing,
fire code, environmental, or historic district
ordinance may appeal
this determination to
the appropriate district
court. Such appeal shall
be instituted by filing,
within thirty (30) calendar days of the hearing
officer’s order, a petition
with the clerk of court
for the district .court
along with payment of
such reasonable costs as
may be required by the
clerk. After filing a petition for appeal, the clerk
of court of the district
court shall schedule a
hearing and notify all
parties of the date, time,
and place of such hearing.
The above ordinance
having been submitted to a vote; the vote
thereon was as follows:
ordinance adopted by
the St. John the Baptist
Parish Council on the
____ day of ________,
2016.
Upon call of the President, the St. John the
Baptist Parish School
Board will meet in
regular session at
Godchaux Grammar
_____________________
Cafeteria, 1600 Highway
SECRETARY
44, Reserve, Louisiana,
at 6:00 P.M. on ThursL-2615 1T 4-20 day, April 7, 2016.
An agenda for the
meeting is attached.
Sincerely,
ST. JOHN THE
BAPTIST PARISH
STATE OF
LOUISIANA
s/Kevin R. George
Superintendent/Secretary
ORDINANCE 16-15
Mrs. Robottom introduced the following
ordinance.
Mr. Becnel proposed
and Mr. Sorapuru
seconded the following
ordinance.
The Chair called for
the invocation, led by
Rev. Nicholas, followed
by the Pledge of Allegiance led by Ms.
Gaynell Noble.
ROLL CALL OF MEMSt. John the Baptist
Parish Council hereby BERS:
ordains:
PRESENT:Messrs.
Jack, Burl, Sanders,
An ordinance approvJohnson, Triche, Waling a re-subdivision of
lace, Nicholas, Jones
lots B-1 and C-1 of the
and Mrs. DeFrancesch.
west half of block 33 of
Hope Plantation SubdiABSENT:Messrs.
vision into lots herein
Keller and Wise
designated as lot B-1A
and lot C-1A of the west
half of block 33 of Hope There were 9 members
Plantation, situated in
Section 12, T-11-S, R-6-E,
Garyville, St. John the
Baptist Parish, Louisiana. (PZS-16-1137)
present and 2 members
absent.
ITEM 3. APPROVAL
OF MINUTES: Meetings of March 17, 2016.
A motion was made by
Mr. Triche and seconded by Mr. Burl to accept
the minutes of March
17, 2016, meeting as
printed and published.
There being no objections, motion passed, 9
YEAS, 2 Absent (Keller
and Wise).
Dr. Gerald Keller arrived at 6:09 and was
recorded present.
ITEM 4. SUPERINTENDENT’S REPORT: Mr.
Kevin R. George, Superintendent. Superintendent George requested
that Mrs. Shanna Beber,
Curriculum Facilitator,
explain the summer
school process for the
2016 Summer School.
St. John Parish will
conduct two types of
summer school – Credit
Recovery & Credit Advancement.
1. Credit recovery
will be available for
all students K-12 – this
is for a student who
qualifies and meets the
summer school criteria
who could earn credit
for failed subject area.
2. Credit Advancement will be available
for high school students
only – this component
of summer school will
allow a student to take
an advanced or enrichment course.
Proclamation from
United State Congressman Cedric Richmond
Superintendent Kevin
George accepts a proclamation from St. John
the Baptist Parish
Councilwoman Jaclyn
Hotard and Michelle
Jenkins-Miller, of U.S.
Representative Cedric
Richmond’s office,
along with School
Board President Keith
Jones. The proclamation, congratulating
the St. John the Baptist
Parish Public School
District on attaining a
“B” letter grade, was
presented by Richmond
and recorded to Speaker of the House Nancy
Pelosi in Washington,
D.C.
Unless specified, this
ordinance becomes
effective five (5) days
after publication in the
Official Journal.
BE IT ORDAINED,
that the St. John the
Baptist Parish Council
is acting as the governing authority for said
parish.
The result of the vote
on the ordinance was
8 YEAS, 0 NAYS, 1
ABSENT, 0 ABSTAINING, and this ordinance
was declared adopted
on the 12th day of
April , 2016.
/s/Marvin Perrilloux
COUNCIL CHAIR
Students who placed in
the Louisiana Region 10
Science and Engineering Fair:
Ijha Miller and Lizbeth
Perez, third place in
biomedical and health
science; Jose Folgar,
first place in computer
science; TyJon Monoe,
third place in engineering and mathematics;
Cairon Becnel, second
place in environmental
science; Leah Brown,
third place in physics;
Alyssa Duhe, first place
in medicine; Anthony
Cases, second place in
chemistry; and Amiya
Lumar, third place in
plant sciences. Folgar
also placed third at the
state competition.
Students who placed in
the Louisiana Region 10
Social Studies Fair:
Madison Boudreaux,
third place in sociology; Fred Turner, first
place in political science; Alexis Dusang,
first place in Louisiana
History; Jaden Porter,
third place in Louisiana
History; Joann Herrera,
first place in anthropology; Norelle Frank,
third place in anthropology; Donrell Lumar,
second place in political
science; Loren Aubert,
second place in anthropology; Jenna Necaise,
first place in geography;
Ria Edwards, third
place in sociology; Cory
Mitchell and Alan Burl,
second place in sociology team.
ITEM 6. PERSONNEL
MATTERS: Ms. Page
Eschette, Director of
Human Resources
None.
YEAS: Sorapuru, Becnel, Remondet, Madere,
Perrilloux, Wright,
Snyder, Hotard
NAYS:None
ABSENT: Boe ABSTAINING: None
in New Orleans on February 27.
ITEM 5. EDUCATIONAL PRESENTATIONS
/s/Jackie Landeche
AND RECOGNITIONS
PARISH PRESIDENT
BY THE BOARD OR
STAFF:
/s/Natalie Robottom
a. Mrs. Erica MerSECRETARY
rick, You’ve Got Heart
Award Presentation
Date signed
School counselors were
Date signed
recognized for their
Date signed
hard work serving students. Mechelle Terrio,
YEAS: Sorapuru, BecCERTIFIED, to be a true
LaPlace Elementary;
nel, Remondet, Madere, and correct copy of an
Jennifer Russell, East
Perrilloux, Wright,
ordinance adopted by
St. John Elementary;
Snyder, Hotard
the St. John the Baptist
Jennifer Vial, Lake
Parish Council on the
Pontchartrain ElNAYS:None
____ day of ________,
ementary; Jill Talbot,
ABSENT: Boe 2016.
Garyville/Mt. Airy
ABSTAINING: None
Magnet School; Aman
da Bourgeois, John L.
The result of the vote
_____________________
Ory Magnet School;
on the ordinance was
SECRETARY
Renisha Oubre, Fifth
8 YEAS, 0 NAYS, 1
Ward Elementary;
ABSENT, 0 ABSTAINL-2616 1T 4-20
Elizabeth Leatherwood,
ING, and this ordinance
Carol Mills, Demecca
was declared adopted
PROCEEDINGS OF
Jones, and Tai Cambre,
on the 12th day of
THE ST. JOHN THE
East St. John High;
April , 2016.
BAPTIST PARISH
Shanda James, West
SCHOOL BOARD
St. John High; Stan/s/Marvin Perrilloux
RESERVE, LA –
ley Alexis, St. John
COUNCIL CHAIR
Meeting of April 7,
Alternative School;
2016
Janet Kinzy, West St.
/s/Jackie Landeche
John Elementary; and
PARISH PRESIDENT
The Chair called the
Sharell Warren, Emily
meeting to order and
C. Watkins Elementary.
/s/Natalie Robottom
read the following call:
SECRETARY
HEART: East St. John
HONORABLE MEMElementary School
Date signed
BERS OF THE SCHOOL
counselor Jennifer RusDate signed
BOARD
sell received the You’ve
Date signed
Parish of St. John the
Got Heart Award. RusBaptist
sell is the first recipient
CERTIFIED, to be a true
of the award, which
and correct copy of an
Dear Board Member:
recognizes counselors
who go above and beyond what is expected.
b. Mrs. Charla Duhe,
2016 National Geographic Summer
Institute
Mrs. Alison Cupit, Principal, LaPlace Elementary presented Ms.
Charla Duhe, 4th grade
teacher at LaPlace
Elementary. Ms. Duhe
will participate in the
National Geographic
summer institute in
Denver, Colo., in July
during which she will
help develop materials for the Louisiana
Giant Traveling Map
and begin planning for
the State Giant Traveling Map initiative. Her
participation will also
allow her to become a
National Geographic
Certified Educator,
an honor bestowed by
invitation-only.
c. Mr. Garrett Prejean,
East St. John High
School Drama Students
East St. John High
School Talented Theatre students recently
placed first at District
Literary Rally at
Nicholls State University. Students who
performed in the play
entitled “Lockdown”
were: Shania Campbell, Madison Gerhart,
Kamrin Greene, Francis Means, Alana Hall,
Destiny Rodriguez and
Jonnell Crockett.
Mr. Robert Schaff, History Teacher at East St.
John High School presented District Literary
Rally winners: Kaleb
Mendez, first place in
U.S. History; Javian
Gant, superior in music
(solo performance);
Fred Turner, first place
in psychology; Charnell
Noble, superior in radio
speaking; Crystal Dabney, first place in calculus; A’Rashad Narcisse,
first place in business
computer applications,
Caleb Putman, second
place in world
history; Carlshane Williams, second place in
sociology; and Cameron
Cage, third place in
English I.
d. Shanna Beber/
Jenna Chiasson – Spelling Bee, Science and
Social Studies Winners Ms. Shanna Beber
recognized LaPlace
Elementary School
student Tamiyah Gross
for placing third in the
regional round of the
28th Annual Scripps
National Spelling Bee
ITEM 7. BUSINESS
AND FINANCE:
ITEM 7a. Mr. Felix
Boughton, Executive
Director of Business
and Finance - Announce
intent to levy millages
for 2016 at the May 12,
2016 scheduled meeting
(Requires action)
Mrs. DeFrancesch made
a motion to accept
intent to levy millages
for 2016, as presented by
administration. Motion was seconded by
Mr. Triche. There being
no objections, motion
passed, and 1 Absent
(Wise).
ITEM 7b. Mr. Peter
Montz, Purchasing
Agent Director – Request board approval to
solicit bids and proposals for the upcoming
fiscal year: Proposal
17.03 Pest Control;
Proposal 17.04 Waste
Disposal; Proposal 17.05
Fiscal Auditors; Proposal 17.06 Consignment
Motor Fuel and System;
Bid 17.08 Bus parts; Bid
17.09 Copier/Computer
Paper; Bid 17.10 Office
Supplies; Bid 17.11
Instructional Materials;
Bid 17.12 General maintenance; Bid 17.13 Electrical Supplies; Bid 17.14
Air Conditioning/Welding Supplies; Bid 17.15
Plumbing Supplies; Bid
17.16 Custodial
Cleaning Supplies; Proposal 17.19 Locksmith
Services (Requires
action)
Mr. Triche made a motion to solicit bids and
proposals as presented
by administration. Motion was seconded by
Dr. Keller. There being
no objections, motion
passed, and 1 Absent
(Wise).
ITEM 7c. Mr. Peter
Montz, Purchasing
| L’OBSERVATEUR |
WEDNESDAY, APRIL 20, 2016
PAGE 13B
RIVER PARISHES COMMUNITY CALENDAR
SATURDAY
St. John the Baptist Parish will host
Clean Sweep, with volunteers
gathering at 8:30 a.m. at Thomas F.
Daley Memorial Park on U.S. 51 in LaPlace. The post-cleaning celebration
will include jambalaya and music.
For more information or to register,
call 985-652-9569 or visit sjbparish.
com.
APRIL 27
The River Region Chamber of Commerce and Louisiana FCU Mortgage
and Business Center is hosting a
ribbon cutting and open house from
8:30 to 9 a.m. at 805 Robin St. in
LaPlace.
APRIL 30
New Wine Christian Fellowship Kids
on the Move Summer Camp runs
June 6 through July 29 for ages 3
through 13. Register from 10 a.m. to
1 p.m. April 30, May 7, May 14, 21 and
28. Register at 1929 W. Airline Highway in LaPlace. Call 985-287-2475,
985-359-4214 or 985-653-0008.
MAY 4
The River Region Chamber of Commerce is presenting Chamberita Af-
ter Hours from 5:30 to 7:30 p.m. at
the Louisiana FCU Training Center,
406 E. Airline Highway in LaPlace.
The event promises networking,
margaritas and munchies. Call 985653-1752.
MAY 9
The St. John Parish Animal Control
Advisory Board meets at 6 p.m. in
the Council Chambers at Percy Hebert Building, 1801 W. Airline Highway in LaPlace.
MAY 18
St. James Parish Hospital will be
hosting $5 chem and lipid profile
screenings from 7 a.m. to 5 p.m.
May 18-20. Participants can register
in the main hospital lobby. Payments of $5 by cash or check will
be collected during registration. For
additional tests being done and an
explanation of tests, visit sjph.org/
events.
JUNE 13
The St. John Parish Animal Control
Advisory Board meets at 6 p.m. in
the Council Chambers at Percy Hebert Building, 1801 W. Airline Highway in LaPlace.
PUBLIC NOTICES: Wednesday, April 20, 2016
Agent Director – Request Board approval
to declare the following
buses, maintenance
equipment and white
fleet surplus and sell
(Requires action).
Mr. Triche made a motion to declare buses,
maintenance equipment and white fleet as
surplus as presented by
administration. Motion
was seconded by Mr.
Sanders. There being
no objections, motion
passed, and 1 Absent
(Wise).
ITEM 7d. Ms. Terry
Charles, Supervisor of
Child Nutrition – Request Board approval
to advertise for bids
for the SY 2016-2017 for
Bread, Milk, Staples,
Frozen Foods, Meat/
Meat Products, Cleaning Supplies, Paper
Supplies, Large and
Small Equipment for
cafeterias (Requires
action).
Mr. Jack made a motion to advertise for
bids as presented by
administration. Motion
was seconded by Mr.
Wallace. There being
no objections, motion
passed, and 1 Absent
(Wise).
ITEM 8: OLD BUSINESS:
ITEM 8a. Ms. Heidi
Trosclair, Executive
Director of Accountability/Assessment –
Request
Approval of 2016-2017
School Calendar (Requires action).
Mr. Triche made a
motion to approve
2016-2017 school calendar as presented by
administration. Motion
was seconded by Mrs.
DeFrancesch. There
being no objections,
motion passed, and 1
Absent (Wise).
ITEM 9: NEW BUSINESS:
ITEM 9a. Mrs. Patricia Triche, Director of
Early Childhood/Head
Start – Head Start
Community Assessment 2016
Informational item
only – a new community assessment must
be completed every 3
years.
ITEM 9b. Mrs. Patricia Triche, Director
of Early Childhood/
Head Start – Head Start
Director’s
Report – February 2016
Informational item
only
ITEM 9c. Mrs. Patricia
Triche, Director of
Early Childhood/Head
Start – Accept Head
Start Self-Assessment
Summary 2016 (Requires action)
Mr. Triche made a motion to accept the Head
Start Self-Assessment
Summary 2016 as
presented by administration. Motion
was seconded by Rev.
Nicholas. There being
no objections, motion
passed, and 1 Absent
(Wise).
ITEM 9d. Mrs. Patricia Triche, Director of
Early Childhood/Head
Start – Accept Head
Start
Self-Assessment Improvement Plan (Requires action)
Rev. Nicholas made a
motion to accept Head
Start Self-Assessment
Improvement Plan
as presented by administration. Motion
was seconded by Mr.
Wallace. There being
no objections, motion
passed, and 1 Absent
(Wise).
ITEM 9e. Mr. Russ
Wise, Board Member
– Mr. Felix Boughton,
Executive Director of
Business
& Finance presented
in absence of Mr. Wise
– Adopt resolution
encouraging congress
to remove the Government Pension Offset
and Windfall Elimination Provision (WEP)
from social security
benefits (Requires action).
Mr. Triche made a motion to adopt a resolu-
LAND & FACILITIES
tion as presented by
COMMITTEE
administration. Motion
MINUTES
was seconded by Mr.
MARCH 15, 2016 –
Sanders.
2:00 p.m.
Roll Call: 10 Yeas –
Media Center –
Jack, Burl, Keller, Sand118 West 10th St.,
ers, DeFrancesch, JohnReserve, LA
son, Wallace, Nicholas,
Triche and Jones, and 1
ITEM 1. CALL TO
Absent – Wise, Motion
ORDER, PLEDGE OF
Carried.
ALLEGIANCE - led by
Mr. Patrick Sanders.
ITEM 10. ADMINISTRATIVE MATTERS
The Chair called the
ITEM 10a. Mr. Felix
Boughton, Executive
Director of Business
& Finance – Executive
Session
– Update on Negotiations
Rev. Nicholas made a
motion to go into ExecThe motion carried.
utive Session. Motion
was seconded by Mr.
Mr. Wise arrived at 2:03
Wallace. School board
p.m. and was recorded
went into Executive
as present.
Session at 7:09 p.m.
Mr. Johnson made a
motion to go back into
regular session. Motion was seconded by
Rev. Nicholas. Board
went back into regular
session at 8:11 p.m.
ITEM 11. BOARD
ITEMS OF INTEREST
President Jones made
two announcements:
1. Ms. Monica Jackson
would be Superintendent Representative on
the Insurance
Committee.
2. Ortheal Jasmin,
school board legal
counsel will be replaced
with Leandre Millet.
ITEM 12. Adjournment
A motion was made by
Rev. Nicholas and seconded by Mr. Johnson
to adjourn. There were
no objections, 1 Absent
(Wise); the meeting
adjourned at 8:15 P.M.
REQUEST for BIDS
2016 Street Lighting
Materials & Supplies
Sealed Bids will be
received by St. John
the Baptist Parish
Council until 2:45
p.m., May 10, 2016 at
the St. John the Baptist Parish President’s
Receptionist Desk,
Percy D. Hebert Building, 1801 West Airline
Notice of Bid
Sealed Bids will be
received by St. John
the Baptist Parish
Council until:
2:45 P.M, on Tuesday,
May 10, 2016
at the Receptionist’s
Desk of the Parish
President’s Office,
Percy D. Hebert Building, 1801 West Airline
www.lobservateur.com
Hwy. LaPlace, LA. for
requirements of a one
year period.
Complete Specifications and Bid Forms
may be viewed and
electronic bids are being accepted at www.
centralbidding.com.
Bid documents are also
available for viewing
on www.sjbparish.com
and can be obtained by
contacting the LaVerne
Hwy., LaPlace, LA, for:
Self-Contained
Breathing Apparatus
Specifications for bidding can be obtained
from Laverne Saulny,
email: [email protected] between
8:30 am and 4:30 pm
Monday through
Friday. Specifications may be viewed
and electronic bids
Mr. Ames Yeates
presented the Committee with the final
Schematic Design for
East St. John Elementary School. He stated
that there will be a
Public Question and
Answer Session before
the Board Meeting on
ST. JOHN THE
BAPTIST PARISH
ZONING BOARD OF
ADJUSTMENTS
WILL CONVENE ON
WEDNESDAY, APRIL
27, 2016, AT 6:30 P.M.
IN THE REGALA
GYM AT 200
REGALA PARK RD.,
RESERVE, LA TO
RULE ON THE
FOLLOWING:
Clementine Grows
- ZBA-16-1185 — Request a variance to
Keith Jones,
reduce the minimum
President
required front yard
setback in the ResidenKevin R. George,
tial One [R-1] zoning
Secretary
district, as per SJB
Code Sec. 113-183 (d),
L-2617 1T 4-20 from twenty-five (25)
feet to five (5) feet at 188
West 5th St., Vacherie,
St. John the Baptist
Parish, La.
**NEW**
PUBLIC NOTICES ARE AVAILABLE
ONLINE AT:
ITEM 4. Yeates &
Yeates – Schematic
Design Completion –
East St. John Elementary School.
Linda and Huward
Fontenot - ZBA-161187 — Request a
variance to reduce the
Saulny at l.saulny@
sjbparish.com.
Lighting, Materials &
Supplies.”
Bids are to be addressed to the St. John
the Baptist Parish
Council. Bid envelopes shall be sealed,
display the name and
address of the bidder, and be clearly
marked on the outside of the envelope:
Bids will be opened
and read aloud at 3:00
pm, May 10, 2016 in the
Operations Room of
the Parish Emergency
Operations Center,
1801 West Airline Hwy.,
LaPlace, LA 70068.
“Bid for 2016 Street
are being accepted at
www.centralbidding.
com. Details may
also be viewed on
www.sjbparish.com.
Bids are to be addressed to St. John
the Baptist Council.
Envelopes displaying
the name and address
of the bidder must
be sealed and clearly
marked on the outside
of the envelope:
St. John the Baptist
Parish Council, being
a government agency,
“Bid - Self-Contained
Breathing
Apparatus”
St. John the Baptist
Parish Council, being
a government agency,
is exempt from all sales
taxes. Therefore, the
amount you bid should
contain no sales tax.
Bids will be publicly
opened in the Op-
meeting to order at 2:00
p.m.
ITEM 2. ROLL CALL:
Sherry DeFrancesch –
Present
Gerald Keller – Present
Patrick Sanders – Present Russ Wise – Absent
Albert Burl - Present
With 4 Present and 1
Absent, there was a
Thursday, March
17, 2016 beginning at
5:00 p.m.
ITEM 5. Committee
Items of Interest
Mr. Wise stated that
after doing further
research on selling
the naming rights to
schools, he would like
to bring it up at the
next board meeting
again, as he has more
information to share.
Mr. Peter Montz stated
that he would like
to have a discussion
regarding the Pumps
minimum required
front yard setback in
the Residential One [R1] zoning district, as per
SJB Code Sec. 113-183
(d), from twenty-five
(25) feet to twenty feet
and five inches (20’ 5”)
at 733 Madewood Dr.,
LaPlace, St. John the
Baptist Parish, La.
Mark W. Trepagnier
- ZBA-16-1188 — Request a variance to
reduce the minimum
required side yard
setback in the Residential One [R-1] zoning
district, as per SJB
Code Sec. 113-183 (e),
from fifteen (15) feet
to nine (9) feet at 2203
East Canterbury Dr.,
LaPlace, St. John the
Baptist Parish, La.
Rose Bellow Fuselier - ZBA-16-1189
— Requests variances
to reduce the minimum required front
yard setback in the
quorum.
ITEM 3. APPROVAL
OF MINUTES: Meeting of 03-02-2016
Motion by: Sanders
Second by: DeFrancesch
Motion: To approve
the minutes of 03-022016
and Generator at ESJH
at the next Land and
Facilities meeting.
ITEM 6. Adjournment
Motion by: Wise
Second by: DeFrancesch
Motion: There being
no further business,
motion to adjourn. No
objections.
TIME: 3:04 p.m.
Albert Burl, III,
President
L-2618 1T 4-20
Residential One [R-1]
zoning district, as per
SJB Code Sec. 113-183
(d), from twenty-five
(25) feet to thirteen (13)
feet and to reduce the
minimum required
side yard setback in the
Residential One [R-1]
zoning district, as per
SJB Code Sec. 113-183(e)
from five (5) feet to zero
(0) feet at 749 Madewood
Dr., LaPlace, St. John
the Baptist Parish, La.
Kenneth Welch - ZBA16-1190 — Request a
variance to reduce the
minimum required
side yard setback in the
Residential One [R-1]
zoning district, as per
SJB Code Sec. 113-183
(e), from five (5) feet
to eight (8) inches at
2212 Country Club Dr.,
LaPlace, St. John the
Baptist Parish, La.
L-2621 1T 4-20
is exempt from all sales
tax. Therefore, the
amount you bid should
contain no sales tax.
such action shall be in
accordance with Title
38 of the Louisiana
Revised Statutes.
St. John the Baptist
Parish reserves the
right to accept or reject
any and all bids and
to waive any irregularities or informalities
incidental there to, and
to accept any bid which
the Council feels serves
their best interest. Any
Publish: April 20, 2016
April 27, 2016
May 4,2016
erations Room of the
Emergency Operations
Center, 1801 West Airline Hwy., LaPlace, LA
at 3:00 PM on Tuesday,
May 10, 2016.
serves their best interest. Any such action
will be in accordance
with Louisiana Revised
Statute 38.
St. John the Baptist
Parish Council reserves
the right to accept
or reject any and all
bids and to waive any
irregularities thereto,
and to accept any bid
which the Council feels
L-2622 3T 4-20, 4-27, 5-4
Publish: April 20, 2016
April 27, 2016
May 4, 2016
L-2623 3T 4-20, 4-27, 5-4