PUBLIC NOTICE
LIQUOR LICENSE APPLICATION
JUST CRAWFISH, LLC dba JUST CRAWFISH is applying to the Office of Alcohol & Tobacco Control of the State of Louisiana for a permit to sell beverages of Low alcohol content at retail in the Parish of Allen at the following address:
14578 HIGHWAY 165
Kinder, LA 70648
Owner:
JAY WHISENANT
Petition of Opposition should be made in writing in accordance with L.R.S. Title 26, Section 85 and 283
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
COUSHATTA TRIBE OF LOUISIANA
WASTEWATER TREATMENT PLANT
FLOODWALL HARDENING
LWI FY 2021 LCDBG-DR
ADVERTISEMENT
FOR BIDS
Separate sealed bids marked “Sealed Bid for the Coushatta Tribe of Louisiana Wastewater Treatment Plant Floodwall Hardening Community Development Block Grant Project for Fiscal Year 2021” will be received by the Coushatta Tribe of Louisiana for the construction of the project described as follows:
Wastewater Treatment Plant Floodwall Hardening
(LWI FY 2021 LCDBG Program)
Proposals shall be addressed to the Coushatta Tribe of Louisiana c/o Mr. Steve Manual, and delivered to the Coushatta Tribe of Louisiana Tribal Center, 1940 CC Bel Road, Elton. LA 70532 not later than 10:00 am, local time on Tuesday, December 5, 2023. Sealed bids to be marked “Sealed Bid for the Coushatta Tribe of Louisiana Wastewater Treatment Plant Floodwall Hardening Community Development Block Grant Project for Fiscal Year 2021”. Any bid received after the specified time and date will not be considered. The sealed bids will be publicly opened and read aloud at this location immediately after receipt.
The Bidding Documents may be examined at the office of the Engineer:
MEYER, MEYER, LACROIX & HIXSON, INC.
TELEPHONE (318) 448-0888
100 ENGINEER PLACE
ALEXANDRIA, LOUISIANA 71303
Bidding documents on a USB flash drive may be obtained from the office of the Engineer at a cost per copy of $40.00, which represents the cost of reproduction and handling, and is nonrefundable. Any requests for bid documents must be accompanied by payment in full. Prime Bidders must obtain Bidding Documents from the Engineer. Bids received from Contractors utilizing any other Bidding Document source will be returned unopened. Successful proposer must have an active Unique Entity ID (UEI) (SAM), as verified on www.sam.gov, prior to the beginning of construction.
Each bid must be accompanied by bid security made payable to Owner in an amount of 5 percent of bidder’s maximum bid price and in the form of a certified check, cashier’s check or a bid bond. The successful bidder will be required to obtain a Performance Bond and a Payment Bond each in the amount of 100% of the contract amount. All bonds shall be executed by such sureties as are named in U.S. Department of the Treasury Circular 570. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety.
Bidders may not withdraw their bid within forty-five (45) days after the actual date of opening thereof. The Owner reserves the right to reject any and all bids for just cause in accordance with Louisiana R.S. 38:2214B.
The Contractor shall begin mobilization and procurement of materials within ten (10) working days of the receipt of the Notice to Proceed.
Attention of Bidders is called particularly to the requirements for conditions of employment to be observed and minimum wage rates to be paid under the Contract (Davis-Bacon Act), Section 3 (Low Income Resident Participation) of the Housing and Urban Development Act of 1968, Section 109 (Non-Discrimination) of the Housing and Community Development Act of 1974, Section 503 (Non-Discrimination Against Employees with Disabilities) and Section 504 (Non-Discrimination Against Individuals with Disabilities) of the Rehabilitation Act of 1973, Segregated Facilities, Executive Order 11246, and all applicable laws and regulations of the Federal government and State of Louisiana and bonding and insurance requirements.
The Coushatta Tribe of Louisiana is an equal opportunity employer.
Minority owned firms, small businesses, and/or Section 3 businesses are encouraged to participate.
Any person with disabilities requiring special accommodations must contact the Owner no later than seven (7) days prior to bid opening.
Successful bidder must have an active Unique Entity ID (UEI), as verified on www.sam.gov, prior to award of contract.
IN PARTICULAR, BIDDERS SHOULD NOTE THE REQUIRED ATTACHMENTS AND CERTIFICATIONS TO BE EXECUTED AND SUBMITTED WITHIN TEN DAYS OF THE BID OPENING.
Date: May 11 , 2023
/s/ Jonathan Cernek
Tribal Chairman
(PUBLISH: NOVEMBER 9, 16 & 23, 2023)3T
PUBLIC NOTICE
ALLEN PARISH
POLICE JURY
NOTICE TO BIDDERS
The Allen Parish Police Jury, Oberlin, Louisiana, will receive sealed bids up to the hour of 4:00 P.M., December 4, 2023 at the Allen Parish Police Jury Administration Building, for the purchasing of the following materials:
1. Creosote bridge timbers/materials, and pilings, S1S1E, 10 lb treatment.
2. Round and arched pipe per foot, various sizes and coatings, delivered each barn.
3. Rock (washed- oversized road gravel, road gravel, & C-3, sand-clay-gravel, flume sand, red compaction sand, top soil/dirt)
4. Limestone- (30 lb rock 3×5 limestone, 2’/Ballast, #57, #67, #8, and #610) in both Kentucky Grey and tan or white Bahama limestone
5. Unscreened Cal-base 5-A, Cal-sorb Bed Ash and Portland for soil cement.
6. Liquid Asphalt- (CRS-2, CRS-2-P, CSS-1, (Quote to include delivery to each barn as well as demurrage charge rates.)
7. Hot Mix Asphalt and Cold Mix. Per ton FOB and delivered to various barns.
8. Furnish equipment and labor to lay hot mix asphalt for small projects.
All bids will be for a six month period beginning January 1st through June 31st, 2024 unless otherwise specified. Bids will be opened on December 4th at 4:00 PM and announced at the public meeting.
Specification may be obtained upon request form the Allen Parish Police Jury office by calling between the hours of 7:00 am and 4:00pm 337-639-4328 and ask for Mr. Joel Johnson or Mrs. Angie Plante.
Bids may be withdrawn at any time prior to the bid closing time, bids received after the closing time will be returned unopened, otherwise all bids will be opened and accepted based on price and availability and will remain in affect until the six month period has ended.
All sealed bids must be identified as such on the envelope, along with the name of the bidding vendor. The Allen Parish Police Jury reserves the right reject any and all bids as it may elect for justified reasons.
/s/ Tony Hebert, President
Allen Parish Police Jury
(Publish: November 16, 23 & 30, 2023)3T
PUBLIC NOTICE
ALLEN PARISH
POLICE JURY
PUBLIC HEARING
NOTICE OF INTENT
Notice is hereby given that a Public Hearing will be held on Monday, December 4th, 2023 at 6:30 p.m. by the Allen Parish Police Jury at its Administration Building, 602 Court Street, Oberlin, Louisiana, 70655, to abandon a portion of Shorty Odom and George Turner Road.
/s/Tony Hebert, President
Allen Parish Police Jury
(PUBLISH: NOVEMBER 16, 23 & 30, 2023)3T
PUBLIC NOTICE
ALLEN PARISH
POLICE JURY
PUBLIC HEARING
In accordance with the provisions of Act 504 of the Louisiana Legislature, notice is hereby given as follows:
1. A Public Hearing on the Consolidated Budget for the year 2024 will be conducted on December 04, 2023 at 6:30 p.m. at the Allen Parish Police Jury Administration Building Meeting Room, 602 Court Street, Oberlin, LA.
2. A detailed copy of the proposed budget is available for public inspection at the Allen Parish Police Jury Office in Oberlin on weekdays from 8:00 a.m. to 3:30 p.m.
(PUBLISH: NOVEMBER 16, 23 & 30, 2023)3T
PUBLIC NOTICE
EAST ALLEN
WATER DISTRICT
MEETING
OCTOBER 23, 2023
The regular meeting of the East Allen Water District was called to order at 5:30, October 23, 2023.
All members were present except Steven Manuel.
A motion was made by Gloria Carrier and second by Avery Victorian to accept the minutes read by Gloria Carrier of the meeting held on September 11, 2023. Passed.
A motion was made by Clinton Robertson and second by Philip Bertrand to accept the financial statement. Passed.
A motion was made by Philip Bertrand and second by Nicholas Grundy to pay bills. Passed.
A motion was made by Clinton Robertson and second by Avery Victorian to adjourn meeting. Passed.
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
WARD 3 FIRE DIST. #2
MEETING
OCTOBER 26, 2023
Meeting was called to order by President Amy Elam. Roll call was as follows: Present were Amy Elam, Luther Miller, Al Ritter, Rusty Reeves, and Chief Michael Dotson. Absent were Paula Lee and Asst. Chief Jonathan Aymond.
Motion to dispense with the reading of the minutes from last meeting made by Al Ritter second by Rusty Reeves. Motion carried.
Motion to pay bills made by Al Ritter second by Rusty Reeves. Motion carried.
Chief’s Report: 1 structure fire, 1 car accident, 4 brush fires/woods fire, and 1 medical call. Community Gumbo will be December 2, 2023 at Recreation Center.
Motion by Al Ritter second by Rusty Reeves to adjourn. Meeting adjourned.
Amy Elam
Chairman/President
ATTEST:
Acting Secretary/Treasurer
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
Recreation Dist NO. 6
MEETING
OCTOBER 23, 2023
Meeting was called to order by Waylin Bertrand.
Roll call was as follows: Present were Waylin Bertrand, Brandi Croxdale, Sissy Young and Rusty Reeves. Absent was Mick Estay. Guests were Jeremy Rion w/D&J Lawn Care and Michael Dotson, Reeves Fire Chief.
Motion by Sissy Young second by Brandi Croxdale to dispense with reading of the minutes. Motion carried.
Motion by Sissy Young second by Brandi Croxdale to accept financial report as presented. Motion carried.
Motion by Brandi Croxdale second by Sissy Young to pay invoices presented. Motion carried.
Motion by Sissy Young second by Brandi Croxdale to reject the bid on the track due to being over budget. Motion carried.
Community Gumbo will be December 2, 2023 at 6:00 pm.
Motion by Sissy Young second by Brandi Croxdale to increase D&J Lawn care to $2,775.00 monthly. Motion carried.
Motion by Rusty Reeves second by Sissy Young to adjourn. Meeting adjourned.
Waylin Bertrand, President
Rusty Reeves
Secretary/Treasurer
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
ALLEN PARISH AMBULANCE SERVICE
MEETING
OCTOBER 10, 2023
Allen Parish Ambulance Service Board of Directors met for monthly meeting at the Allen Parish Ambulance Service Office on Tuesday, October 10, 2023 at 4:30p.m.
Chairman Keys called the meeting to order. The Pledge of Allegiance was said by all.
Members Present: Lowell Keys, Sarah Ryland, Al Ritter, Clarice Papillion and Chuck Welch.
Motion by Ritter, seconded by Ryland to approve and dispense with the reading of the minutes from the September 12, 2023 board meeting. Motion passed.
Old Business: none
Public Comment: none
New Business:
Motion by Welch, seconded by Papillion to approve the Ambulance Fees. Motion passed.
Motion by Ryland, seconded by Ritter to approve the New Equipment Purchase. Motion passed.
Motion by Papillion, seconded by Ryland to approve (2) Board Write Offs in the amount of $1204.18. Motion passed.
Motion by Ritter, seconded by Ryland to submit (5) bad debt accounts to collections in the amount of $9751.36. Motion passed
Executive Director Boulet gave the Fleet Report and Financial Report. Boulet discussed financials and reviewed budget variances with the Board.
Motion by Ryland, seconded by Papillion to adjourn. Motion passed.
Lowell Keys, Chairman
Lennie Boulet
Executive Director
Marna Istre, Secretary
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
ALLEN PARISH AMBULANCE SERVICE
SPECIAL MEETING
OCTOBER 23, 2023
Allen Parish Ambulance Service Board of Directors met for Special Meeting at the Allen Parish Ambulance Service Office on Monday, October 23, 2023 at 5:00p.m.
Chairman Keys called the special meeting to order to address personnel issues.
The Pledge of Allegiance was said by all.
Members Present: Lowell Keys, Sarah Ryland, Al Ritter, Clarice Papillion and Chuck Welch.
Other’s: John Richardson Asst. District Attorney for Allen Parish, Lennie Boulet, Marna Istre, Kim Fore, Leigh Burgess, Frank Cramer, Trey Cramer, Katie Fontenot, Tim Turnage, Darren Boulet, Tommy Thibodeaux, Cory Doucette, Monty Fruge, Robin Darbonne, Jane Lormand, Jacob LaCour and others.
Old Business: none
Public Comment: Employees and the general public spoke about issues within the company.
Motion by Ritter, seconded Ryland to go into executive session to discuss personnel issues. Motion passed.
Motion by Ritter, seconded by Welch, to resume regular meeting and leave executive session. Motion passed.
Motion by Papillion, seconded by Ryland, to add to the agenda to consider reinstatement of Kim Fore to former position. Motion passed.
Motion by Welch, seconded by Papillion, to reinstate Kim Fore to her original position. Motion passed.
Motion by Ryland, seconded by Ritter, to add to the agenda for the Executive Director to bring recommendations of hiring and firing of any employee to the board at a public meeting and that must pass by a majority vote. Motion passed.
Motion by Ryland, seconded by Papillion, for the Executive Director to bring recommendations of hiring and firing of any employee to the board at a public meeting and that must pass by a majority vote. Motion passed.
Motion by Papillion, seconded by Ritter, to reinstate Kim Fore in her former position. Motion passed.
Chairman Keys advised everyone that a professional company will be coming in to work on morale and supervision.
Motion by Ryland, seconded by Papillion to adjourn. Motion passed.
Lowell Keys, Chairman
Lennie Boulet
Executive Director
Marna Istre, Secretary
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
ALLEN PARISH
POLICE JURY
PUBLIC NOTICE
REQUEST FOR QUALIFICATIONS PROFESSIONAL ENGINEERING SERVICES
Notice is hereby given that the Allen Parish Police Jury is requesting submission of qualification statements from professional engineering and planning firms interested in performing certified planning and professional engineering services at the Allen Parish Airport, Oakdale, La. for the project period of approximately 3-5 years. Projects are to be submitted to the Federal Aviation Administration and La DOTD Division for approval.
The project descriptions:
1. Safety Area Improvements
2. Airfield Drainage Improvements
3. Hangar and T-hanger Construction, Planning, & Inspection
4. General Aviation Airport Terminal
5. Terminal Apron Area Improvements
6. Runway 18/36 Widening, Planning, Construction & Inspection.
7. Runway extension and Taxiway extensions
8. Runway and Taxiway strengthening
9. Airfield Pavement Rehabilitation Reconstruction and Striping
10. Airfield Lighting, Signage, Approach Lighting, (ODALS) and Navaids
11. Airport Master Plan/ALP Updates
13. Exhibit A
14. Economic Development Planning
15. Perimeter Fencing and Entrance Gates
Professional services should include project administrative procedures and any additional projects that may be funded within the timeframe of the professional services contract. Project implementation is totally dependent upon FAA and DOTD funding.
The selection process will be in accordance with the FAA’s Advisory Circular 150/5100-14D. The firm will provide preliminary and final plans and specifications, cost estimates, grant management, and grant administration including preparation of FAA/State grant applications. Firms interested in performing these services shall furnish a Statement of Qualifications on DOTD standard Form SF-330.
A copy of the FAA Circular AC 150/5100-14D and SF-330 Forms are available from the airport manager or DOTD-Aviation Div., (www.dotd.gov/aviation).
The criteria and weighting factors to be used by the Sponsor in evaluating responses will be as follows:
1 ) Experience with FAA & LA-DOTD Aviation Division grants and grant administration.
2) Staff experience in airport projects with airports in Louisiana.
3) Total current work load.
4) Distance from the Allen Parish Airport
5) Familiarity with the listed projects of the airport as well as economic development knowledge where the work will be preformed.
The successful firm will be required to execute a standard DOTD/Division of Aviation type of contract in conformance with all city, parish, DOTD, and FAA guidelines, standards, and assurances. The Allen Parish Police Jury encourages participation by disadvantaged business enterprises in all bids and proposals to the extent possible.
The Statement of Qualifications Form SF-330 shall be mailed or delivered in triplicate to the Allen Parish Airport, c/o Allen Parish Police Jury, 602 Court St, or P.O. Drawer G, Oberlin LA 70655, Attention Joel Johnson, Airport Manager. Statement of Qualifications will be accepted until January 26, 2023, 3:00 PM. The Statements of Qualification will then be graded and decided upon at the Airport board meeting. The board will recommend its findings at the regular meeting of the Allen Parish Police Jury for a vote on February 5th 2024, 6:30 PM.
Questions regarding these projects should be addressed to Joel Johnson, Airport Manager of the Allen Parish Airport. Firms wishing to apply must submit a fully completed SF-330 Form. Failure to provide all information requested might result in the submission being considered non-responsive and the firm will not be given a total score in the evaluation process.
Mr. Tony Hebert, President
Allen Parish Police Jury, Sponsor
Allen Parish Airport
337-639-4328
(PUBLISH: NOVEMBER 23 & 30, 2023; DECEMBER 7, 2023)3T
PUBLIC NOTICE
VILLAGE OF ELIZABETH
PUBLIC NOTICE
The Village of Elizabeth proposes to upgrade the village’s lift stations, including the replacement of pumps, piping, and controls at the School Lift Station along with installation of an emergency generator, and the installation of submersible pumps at the Eastern Heights lift station. The Little Piney Park station will receive larger pumps and improved controls. Additionally, the project will address inflow and infiltration issues in the collection system by rehabilitating sewer mains, services, and manholes. All work will be within the current footprint of the plant site or within existing right-of-way. No new right-of-way or land acquisition will be required for this project. There are no known environmentally sensitive areas and no Environmental Justice concerns associated with this project.
This project will be funded, in part, through a grant made to the Village of Elizabeth by Sewer Overflow Grant (OSG) program and in part through a loan from the Clean Water State Revolving Fund (CWSRF) program. Eligibility of this project has been determined in accordance the 1987 Amendments to the Clean Water Act and corresponding Federal Regulations.
In accordance with LDEQ’s rules and regulations for the CWSRF and OSG programs as authorized by Public Law 100-4 and administered according to Act 349 of the 1986 Regular Session of the Louisiana Legislature, as amended by Act 296 of the 2010 Regular Session of the Louisiana Legislature, and with the mandates of America’s Water Infrastructure Act of 2018, specifically the amendment of section 221 of the Clean Water Act (CWA), LDEQ has determined that there will be no adverse environmental impacts from the proposed action and has issued a Categorical Exclusion. A copy of the Categorical Exclusion may be viewed at the City Hall and may also be accessed on LDEQ’s Electronic Data Management System (EDMS) at https://deq.louisiana.gov/page/edms. The Agency Interest (AI) number for this project is 19650.
The comment period for this document will expire on December 4, 2023. Please direct all comments to:
Mostafa Maghsoodi, E.I.
Office of Environmental Assessment
LA Department of Environmental Quality
P.O. Box 4314
Baton Rouge, LA 70821-4314
No action will be taken by LDEQ until the comment period has concluded.
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
WARD 3 FIRE DIST. #2
MEETING
NOVEMBER 16, 2023
Meeting was called to order by President Amy Elam. Roll call was as follows: Present were Amy Elam, Luther Miller, Al Ritter, and Chief Michael Dotson. Absent were Rusty Reeves, Paula Lee and Asst Chief Jonathan Aymond.
Motion to dispense with the reading of the minutes from last meeting made by Luther Miller, second by Al Ritter. Motion carried.
Motion to pay bills made by Al Ritter second by Luther Miller. Motion carried.
Chief’s Report: 1 structure fire, 1 medical.
Motion by Luther Miller second by Al Ritter to adjourn. Meeting adjourned.
Amy Elam
Chairman/President
ATTEST:
Acting Secretary/Treasurer
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
A Course of Instruction for Commissioner-In-Charge in Allen Parish will be held and all interested persons are invited to attend. Persons who wish to serve as Commissioner-In-Charge must attend this meeting. In accordance with R.S. 18:424 and 18:425, you must have the following qualifications to serve as a Commissioner-In-Charge.
1. You must be able to vote without assistance.
2. You must not be a candidate in the election.
3. You may be selected to serve in any precinct in the ward in which
you are registered to vote.
4. You must not have been convicted of any election offense.
5. You must have attended a Course of Instruction for Commissioner.
6. You must have served as a Commissioner in two previous elections.
The Commissioner-In-Charge school will be held in the ALLEN PARISH VOTING MACHINE WAREHOUSE, 206 W. 6TH AVENUE, (MAIN STREET) OBERLIN, LA ON MONDAY, DECEMBER 4, 2023 AT 5:30 P.M. A Certificate of Instruction will be given to those completing this course and persons receiving this certificate will be eligible to serve as Commissioner-In-Charge during the coming year, 2024. If drawn to serve as Commissioner-In-Charge you will be asked to attend an additional school for the specific election at which you will serve.
STACEY C. HURST, CLERK OF COURT AND CUSTODIAN OF VOTING MACHINES, ALLEN PARISH, LOUISIANA
**The Board of Supervisors of Elections for Allen Parish will meet on Friday, January 12, 2024 at 10:00 a.m. in the Registrar of Voters Office at 105 North 5th Street, Oberlin, LA for the purpose of drawing Commissioners-In-Charge for the Year of 2024.**
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
ALLEN PARISH TAX ASSESSOR
PUBLIC NOTICE
THE ALLEN PARISH TAX ASSESSOR WILL CONDUCT A BUDGET MEETING ON WEDNESDAY, DECEMBER 13, 2023 AT 10:00 AM IN THE ASSESSOR’S OFFICE AT THE ALLEN PARISH COURTHOUSE, FIRST FLOOR, 400 W. 6TH AVENUE, OBERLIN, LOUISIANA. THE PURPOSE OF THE MEETING IS TO INVITE PUBLIC COMMENT ON THE ASSESSOR’S PROPOSED ORIGINAL BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024, AND THE ADOPTION OF SAME. ALL INTERESTED PERSONS ARE INVITED TO ATTEND.
THE FOLLOWING REPORT IS ONLY A SUMMARY OF THE PROPOSED BUDGET. DETAILED BUDGET DOCUMENTS AND OTHER FINANCIAL RECORDS ARE AVAILABLE AND ON FILE IN THE ASSESSOR’S OFFICE. INTERESTED PERSONS MAY EXAMINE THE BUDGET DOCUMENTS BETWEEN THE HOURS OF 9:00 A.M.-4:00 P.M., MONDAY THROUGH FRIDAY. THIS NOTICE IS PREPARED AND PUBLISHED IN COMPLIANCE WITH LOUISIANA REVISED STATUTES 39:1301-1314.
RICHARD EARL
ALLEN PARISH TAX ASSESSOR
PROPOSED 2024 BUDGET SUMMARY
BEGINNING FUND BALANCE (ESTIMATED) $ 1,318,812
REVENUES 793,260
FUNDS AVAILABLE 2,112,072
EXPENDITURES:
Salaries and Employer Costs 620,059
Operating Services 46,740
Supplies and Maintenance 52,400
Capital Outlays 10,000
Other Charges and Costs 10,000
TOTAL EXPENDITURES 739,199
EXCESS (DEFICIT) OF REVENUES
OVER (UNDER) EXPENDITURES 54,061
ENDING FUND BALANCE (ESTIMATED) $ 1,372,873
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
THE ALLEN PARISH MOSQUITO ABATEMENT DISTRICT
PUBLIC NOTICE
WILL CONDUCT A BUDGET MEETING ON DECEMBER 19, 2022 AT 6:00 PM AT 248 AIRPORT ROAD IN THE DISTRICT’S OFFICE IN OAKDALE, LOUISIANA. THE PURPOSE OF THE MEETING IS TO INVITE PUBLIC COMMENT ON THE DISTRICT’S PROPOSED ORIGINAL BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024, AND THE ADOPTION OF SAME.
THE FOLLOWING REPORT IS ONLY A SUMMARY OF THE PROPOSED BUDGET. DETAILED BUDGET DOCUMENTS AND OTHER FINANCIAL RECORDS ARE AVAILABLE AND ON FILE IN THE DISTRICT’S OFFICE. INTERESTED PERSONS MAY EXAMINE THE BUDGET DOCUMENTS BETWEEN THE HOURS OF 8:30-4:00, MONDAY THROUGH FRIDAY. THIS NOTICE IS PREPARED AND PUBLISHED IN COMPLIANCE WITH LOUISIANA REVISED STATUTES 39:1301-1314.
JENNIFER GORDON, SECRETARY
PROPOSED 2024 BUDGET SUMMARY
BEGINNING FUND BALANCE (ESTIMATED) $ 2,954,935
REVENUES 935,400
FUNDS AVAILABLE 3,890,335
EXPENDITURES 741,600
EXCESS/(DEFICIT) OF REVENUES
OVER/(UNDER) EXPENDITURES 193,800
ENDING FUND BALANCE (ESTIMATED) $ 3,148,735
(PUBLISH: NOVEMBER 23, 2023)1T
PUBLIC NOTICE
WEST ALLEN PARISH WATER DISTRICT
The following Resolution was offered by Kurt Schultz and seconded by Carl Ritter:
RESOLUTION
A resolution authorizing the issuance of Five Hundred Thousand Dollars ($500,000) of Water Revenue Bonds, Series 2024, of West Allen Parish Water District, Allen Parish, Louisiana: and providing for other matters in connection therewith.
WHEREAS, West Allen Parish Water District, Allen Parish, Louisiana (the “Issuer”), presently owns and operates a water system (the “System “) as a revenue-producing work of public improvement; and
WHEREAS, the Board of Waterworks Commissioners of the Issuer (the “Governing Authority”), acting as the governing authority of the Issuer, proposes that bonds be issued by the Issuer in the manner prescribed by and under the authority of Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority (the “Act”), payable solely from the income and revenues of the System, subject to the prior payment of the reasonable and necessary expenses of operating and maintaining the System; and
WHEREAS, the Issuer has no other outstanding indebtedness payable from the income and revenues derived or to be derived from the operation of the System, EXCEPT its outstanding Water Revenue Bond, Series 2015, authorized in the principal amount of $3,440,000 pursuant to a resolution adopted on February 18, 2014 (the “Outstanding Bond “); and
WHEREAS, pursuant to the Act, it is now the wish of this Governing Authority to issue not exceeding Five Hundred Thousand Dollars ($500,000) of Water Revenue Bonds of the Issuer (the “Bonds”), to provide funding to pay costs of constructing and acquiring improvements and extensions to the System of the Issuer, including equipment and fixtures therefor, a work of public improvement (the “Project”) and pay the costs of issuance of the Bonds, the Bonds, equally with the Outstanding Bond, to be secured by and payable solely from the income and revenues derived or to be derived by the Issuer from the operation of the System.
WHEREAS, this Governing Authority now wishes to fix the details necessary with respect to the issuance of the Bonds and to provide for the authorization and issuance thereof;
NOW, THEREFORE, BE IT RESOLVED by the Board of Waterworks Commissioners of West Allen Parish Water District, Allen Parish, Louisiana, acting as the governing authority of the Issuer, that:
SECTION 1. Definitions. The following terms as used in this Resolution shall have the following respective meanings, unless the context otherwise requires:
“Act” means Section 1430 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority.
“Additional Parity Bonds” means any pari passu additional obligations hereafter issued by the Issuer on a parity with the Bonds and the Outstanding Bond with respect to the Net Revenues, all as provided herein.
“Agreement” means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution, if required.
“Bond” or “Bonds” means the Water Revenue Bonds, Series 2024, of the Issuer, authorized to be issued by this Resolution in the aggregate principal amount of $500,000, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued Bond.
“Bond Register” means the records kept by the Paying Agent at its designated office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
“Bond Year” means the one-year period ending on January I of each year, the principal payment date for the Bonds.
“Code” means the Internal Revenue Code of 1986, as amended.
“Executive Officers” means, collectively, the President and Secretary of the Governing Authority of the Issuer.
“Fiscal Year” means the accounting period beginning January I of each year or such accounting period as may be designated by the Governing Authority as the fiscal year of the Issuer.
“Government” means the United States Department of Agriculture, Rural Development, the owner of the Outstanding Bond.
“Governing Authority” means the Board of Waterworks Commissioners of the Issuer, or any legal successor thereto.
“Government Securities” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to their maturity and which may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form.
“Interest Payment Date” means January 1 and July 1 of each year, commencing July 1, 2024, until the Bonds are paid.
“Issuer” means the West Allen Parish Water District, Allen Parish, Louisiana.
“Net Revenues” means the Revenues, after provision has been made for payment therefrom of the reasonable and necessary expenses of administering, operating, and maintaining the System.
“Outstanding” when used with respect to the Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
(a) Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation;
(b) Bonds for the payment or prepayment of which sufficient funds have been theretofore deposited with the Paying Agent in trust for the Owners of such Bonds as provided herein;
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution; and
(d) Bonds alleged to have been mutilated, destroyed, lost, or stolen which have been paid as provided in this Resolution or by Jaw.
“Outstanding Bond” means the Issuer’s outstanding Water Revenue Bond, Series 2015, as more fully described the third WHEREAS hereof.
“Outstanding Bond Resolution” means the resolution adopted by this Governing Authority on February 18, 2014, providing for the issuance of the Outstanding Bond.
“Owner” or “Owners” when used with respect to any Bond means the person or entity in whose name such Bond is registered in the Bond Register.
“Paying Agent” or “Paying Agents” means JD Bank, in the City of Jennings, Louisiana, for the Bond purchased by said Bank, and the Secretary of the Governing Authority for the Bond purchased by the Louisiana Public Facilities Authority, of Baton Rouge, Louisiana, or such successor Paying Agents which may be named by this Governing Authority.
“Person” means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.
“Purchaser” or “Purchasers” means said JD Bank for Bond R-1 and said Louisiana Public Facilities Authority for Bond R-2.
“Record Date” for the interest payable on any interest payment date means the 15th calendar clay of the month next preceding such interest payment date.
“Resolution” means this Resolution authorizing the issuance of the Bonds, as it may hereafter be amended or supplemented.
“Revenues” means the income and revenues derived or to be derived from the operation of the System.
“System” means the revenue producing water system owned and operated by the Issuer, as the System now exists and as it may be hereafter improved, extended or supplemented from any source whatsoever while any of the Bonds remain Outstanding, including, specifically, all properties and facilities of every nature owned and/or operated by the Issuer and used or useful in the operation of the System, including real estate, personal and intangible properties, contracts, franchises, leases and choses in action.
SECTION 2. Authorization of Bonds, Maturities. In compliance with and under the authority of the Act, this Governing Authority hereby authorizes the incurring of an indebtedness of Five Hundred Thousand Dollars ($500,000) for, on behalf of and in the name of the Issuer, for the purpose of paying the costs of constructing and acquiring improvements and extensions to the System, including equipment and fixtures therefor, a work of public improvement for the Issuer, and paying the costs of issuance of the Bonds, through the issuance of Five Hundred Thousand Dollars ($500,000) of Water Revenue Bonds, Series 2024, of the Issuer.
The Governing Authority may approve a different series designation of the Bonds is it is in its sole judgment preferable to do so. The Governing Authority may also approve different semi-annual interest payment dates (e.g. January 1 & July 1, March 1 & September 1, etc.) as well as a different annual principal payment date if it is their sole judgment preferable to do so when the actual delivery date of the Bonds is known, provided that the final maturity date of the Bonds is no later than fifteen years from the date of delivery.
The Bonds shall be issued in the form of two, fully registered term bonds numbered R-1 and R-2 and shall be dated the date of delivery thereof. The unpaid principal of the Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable semiannually on January 1 and July 1 of each year, commencing July 1, 2024, calculated on the basis of a 360-day year consisting of twelve 30-day months.
Bond R-1 shall bear interest at the rate of 6.00% per annum, shall be in the denomination of $375,000, and shall mature in installments on January 1 of each year as follows:
15 Years
PRINCIPAL PRINCIPAL
INSTALLMENTS AMOUNT
(January 1) DUE*
2025 $13,000
2026 13,000
2027 14,000
2028 15,000
2029 16,000
2030 17,000
2031 18,000
2032 19,000
2033 20,000
2034 21,000
2035 37,000
2036 39,000
2037 42,000
2038 44,000
2039 47,000
*Final Installment
Bond R-2 shall bear interest at the rate of 3.00% per annum, shall be in the denomination of $125,000, and shall mature in installments on January 1 of each year as follows:
PRINCIPAL PRINCIPAL
INSTALLMENTS AMOUNT
(January 1) DUE*
2025 $11,000
2026 11,000
2027 12,000
2028 12,000
2029 12,000
2020 13,000
2031 13,000
2032 13,000
2033 14,000
2034* 14,000
*Final Installment
The interest on the Bonds shall be payable by check of the Paying Agent or the Issuer mailed to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register or, in the discretion of the Paying Agent, by wire from the Paying Agent or the Issuer delivered to the Owner (determined as of the close of business on the Record Date) in accordance with wiring instructions provided by the Owner; provided, however, that principal of any Bond at final maturity or upon earlier prepayment in full shall be payable at the designated office of the Paying Agent upon presentation and surrender thereof. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3. Optional Prepayment of Bonds. The maturities falling due on or after January 1, 2036 will be callable for prepayment at the option of the Issuer in full or in part at any time on or after January 1, 2035, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The maturities are not required to be prepared in inverse order of maturity.
Any maturity which is to be prepaid only in part shall be surrendered at the designated office of the Paying Agent and such prepayment shall be noted on the prepayment schedule attached thereto. Official notice of such call of any portion of the Bonds for prepayment shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails or via acceptable means of electronic communication not less than fifteen (15) days prior to the prepayment date, addressed to the Owner of such Bond to be prepaid at his address as shown on the Bond Register.
SECTION 4. Registration and Transfer. The Issuer shall cause the Bond Register to be kept by each Paying Agent. The Bonds may be transferred, registered and assigned only on the appropriate Bond Register, which such registration shall be at the expense of the Issuer, and only by the execution of an assignment form on the Bonds being transferred. A new Bond or Bonds, may, upon request, be delivered by the appropriate Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bond or Bonds after receipt of the Bond(s) to be transferred in proper form. Such new Bond or Bonds shall be in an authorized denomination of the same maturity and like principal. The Paying Agents shall not be required to issue, register the transfer of, or exchange any Bond during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date.
SECTION 5. Form of Bonds. The Bonds and the endorsements to appear thereon shall be in the form acceptable to the Executive Officers, upon advice of bond counsel, and the Purchasers.
SECTION 6. Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, and in the name of the Issuer, which signatures may be either manual or facsimile.
SECTION 7. Pledge of Revenues. In providing for the issuance of the Bonds, the Issuer does hereby covenant and warrant that it is lawfully seized and possessed of the System, that it has a legal right to pledge the Net Revenues as herein provided, that the Bonds, equally with the Outstanding Bond, will have a lien and privilege on the Net Revenues of the System and that the Issuer will at all times maintain the System in first class repair and working order and condition.
SECTION 8. Rate Covenant; Funds and Accounts. The Issuer, through its Governing Authority by proper ordinances and/or resolutions, hereby covenants to fix, establish, maintain and collect such rates, fees, rents or other charges for the services and facilities of the System, and all parts thereof, and to revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to pay the reasonable and necessary expenses of operating and maintaining the System in each year, the principal and interest falling due on the Bonds and the Outstanding Bond in each year, all sinking funds, contingency or other payments required for such year by this Resolution or the Outstanding Bond Resolution, and all obligations or indebtedness payable out of the revenues during such year and which will provide such revenues in each year, after paying all reasonable and necessary expenses of operating and maintaining the System in such year, at least equal to 120% of the largest amount of principal and interest falling due on the Bonds, the Outstanding Bond and any Additional Parity Bonds in any future Fiscal Year.
All of the income and revenues derived or to be derived by the Issuer from the operation of the System shall continue to be deposited as the same may be collected in a separate and special bank account heretofore established with the regularly designated fiscal agent bank of the Issuer designated as the “Water System Revenue Fund” (the “Revenue Fund”), the Revenue Fund having heretofore been created and to be maintained and administered in the following order of priority and for the following express purposes:
(a) The payment of all reasonable and necessary expenses of administering, operating, and maintaining the System.
(b) The maintenance of the Water Revenue Bond and Interest Sinking Fund (the “Sinking Fund”), established and maintained pursuant to the Outstanding Bond Resolution, sufficient in amount to pay promptly and fully the principal of and the interest on the Outstanding Bond and the Bonds and any pari passu bonds issued hereafter in the manner provided by this resolution by transferring from the Revenue Fund to the regularly designated fiscal agent bank of the Issuer (or such other bank designated by the Issuer with the approval of the Government), monthly in advance on or before the 20th day of each month of each year, a sum equal to the total amount of principal and interest falling due on the next principal and interest payment date for the Outstanding Bond and one-sixth (1/6) of the principal and interest falling due on the Bonds authorized herein, together with such additional proportionate sum as may be required to pay said principal and interest as the same respectively become due; provided, however, that to the extent that proceeds of the Bonds are expended to pay interest on the Bonds during the period of the construction of the Project, then such transfers from the Water Revenue Fund to the Sinking Fund can be correspondingly reduced. If Additional Parity Bonds are issued by the Issuer in the manner provided by this resolution, moneys in the Sinking Fund shall be equally available to pay principal and interest on such Additional Parity Bonds, and payments into the Sinking Fund shall be increased as provided in the resolution authorizing the issuance of such Additional Parity Bonds. Said fiscal agent bank shall transfer from the Sinking Fund to any paying agent (if a paying agent other than said fiscal agent bank has been designated by the Issuer with the approval of the Government) or pay directly to the owner, for all bonds payable from the said Sinking Fund, at least three (3) days in advance of the date on which each payment of principal or interest falls due, funds fully sufficient to pay promptly the principal and/or interest so falling due on such date; except, if payment is made by electronic debit, then such debit shall be made on the day payment is due.
(c) The Water Revenue Bond Reserve Fund (the “Reserve Fund”) and the Water Depreciation and Contingency Fund the “Contingency Fund”), shall be maintained as required in the Outstanding Bond Resolution.
(d) Moneys in the Reserve Fund and the Contingency Fund shall only be available to pay debt service on the Outstanding Bond, with the moneys in the Contingency Fund also being available to fund repairs and improvements to the System.
(e) The maintenance of the Water Short-Lived Assets Depreciation Fund (the “Asset Fund”), established and maintained pursuant to the Outstanding Bond Resolution, to provide for the maintenance and replacement of short lived assets of the System, by transferring from the Revenue Fund to the regularly designated fiscal agent bank to the Issuer (or such other bank designated by the Issuer with the approval of the Government), monthly in advance on or before the 20th day of each month such amount as required by the Outstanding Bond Resolution.
Subject to the foregoing, which are cumulative, the balance of the excess funds on deposit in the Revenue Fund may be used by the Issuer for the purpose of calling and/or paying bonds payable from the income and revenues of the System or for such other lawful corporate purposes as the Governing Authority may determine, whether or not such purposes are or are not related to the System.
All or any part of the moneys in any of the aforesaid funds and accounts described in subparagraphs (b), (c), (d) and (e) shall, at the written request of the Issuer, be invested in direct obligations of the United States of America or other obligations permitted by Louisiana law, maturing in five (5) years or less, in which event all income derived from investments in the Sinking Fund, the Reserve Fund and the Asset Fund shall be deposited in the Revenue Fund as income and revenues of the System and all income from investments in the Contingencies Fund shall be added to the Contingencies Fund. Such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which said respective funds and accounts are herein maintained.
All or any part of the moneys on deposit in any of the aforesaid funds and accounts shall, at the written request of the Issuer, be invested in direct obligations of the United States of America or other obligations permitted by Louisiana law, maturing on a date not later than the date such moneys are needed, in which event all income derived from investments in the Sinking Fund shall be added to the respective fund or to the Revenue Fund as income and revenues of the System. Such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which said respective funds and accounts are herein maintained.
Any moneys remaining in the Revenue Fund after making the above required monthly payments may be used by the Issuer for such other lawful corporate purposes as the governing authority of the Issuer may determine, whether such purposes are or are not related to the System.
SECTION 9. Rates and Charges. The Issuer may alter, amend or repeal from time to time any resolutions or ordinances establishing a schedule of rates and charges for the services and facilities to be rendered by the System, said alterations, amendments or repeals to be conditioned upon the preservation of the rights of the owners of the Bonds with respect to the income and revenues of the System, not alone for the payment of the principal of and the interest on the Bonds, but to insure that the income and revenues of the System shall be sufficient at all times to fulfill the other provisions specified in Section 8 hereof. The Issuer shall fix and maintain rates and collect charges for all services and facilities to be rendered by the System, irrespective of the user thereof, and no free services or facilities shall be furnished to any person, association of persons, or corporations, public or private, or even to the Issuer itself, and no discrimination shall be made as to rates and charges for the services and facilities of the System as between users of the same type or class.
The Issuer further agrees that the failure of any individual, partnership or corporation to pay said charges for any service rendered by the System within thirty (30) days of the date on which it is due shall cause such charge to become delinquent; that if such delinquent charge, with interest and penalties accrued thereon, is not paid within thirty (30) days from the date on which it became delinquent, the Issuer will cause to be shut off service to the affected premises; and that the Issuer and this Governing Authority and its officials, agents and employees will do all things necessary and will take advantage of all remedies afforded by law to collect and enforce the prompt payment of all charges made for services rendered by the System. All delinquent charges for service shall on the date of delinquency have added thereto a penalty of ten percent (10%) of the amount of the charge, and the amount so due, including the penalty charge, shall, after thirty (30) days from the date of delinquency, bear interest at a reasonable rate to be established by this Governing Authority, which rate shall not be less than six per centum (6%) per annum. If services are discontinued as above provided, the customer shall, in addition to paying the delinquent charges, penalties and interest, pay as a condition precedent to the resumption of service a reasonable reconnect ion charge.
The schedule of water rates presently in effect shall remain in effect, and neither said schedule nor any subsequent schedule shall be reduced at any time unless all payments required for all funds by this Resolution, including any deficiencies for prior payments, have been fully made, and unless such schedules as so reduced will in each year thereafter produce sufficient revenues to meet and fulfill the other provisions stated and specified in Section 8 of this Resolution.
SECTION 10. Rights of Owners; Appointment of Receiver in Event of Default. The Owners shall be entitled to exercise all rights for which provision is made in the laws of the State of Louisiana. Any Owner or any trustee acting for such Owner in the manner hereinafter provided, may, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Louisiana, or granted in this Resolution, and may compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Issuer or by any agency, board or officer thereof, including the fixing, charging and collecting of rentals, fees or other charges for use of the System, and in general to take any action necessary to protect the rights of the Owner. In the event that default shall be made in the payment of the interest on or principal of any of the Bonds issued pursuant to this Resolution as the same shall become due, or in the making of the payments into any fund established by Section 8 hereof or in the event that the Issuer or any agency, board, officer, agent or employee thereof shall fail or refuse to comply with the provisions of this Resolution, or shall default in any covenant for a period of thirty (30) days after written notice thereof, any Owner or any trustee appointed to represent Owners as hereinafter provided, shall be entitled as of right to the appointment of a receiver of the System, in an appropriate judicial proceeding in a court of competent jurisdiction.
The receiver so appointed shall forthwith enter into and take possession of the System and shall hold, operate and maintain, manage and control the System, and in the name of the Issuer shall exercise all rights and powers of the Issuer with respect to the System. Such receiver shall collect and receive all fees, rentals and other revenues, maintain and operate the System in the manner provided in this Resolution, and comply under the jurisdiction of the court appointing such receiver with all of the provisions of this Resolution.
Whenever all that is due upon the Bonds and interest thereon, and under any covenants of this Resolution for sinking or other funds, and upon any other obligations and interest thereon, having a charge, lien or encumbrance upon the fees, rentals or other revenues of the System, shall have been paid and made good, and all defaults under the provisions of this Resolution shall have been cured and made good, possession of the System shall be surrendered to the Issuer upon the entry of an order of the court to that effect. Upon any subsequent default, any Owner, or any trustee appointed for Owners as hereinafter provided, shall have the same right to secure the further appointment of a receiver upon any such subsequent default. Such receiver shall in the performance of the powers hereinabove conferred upon him be under the direction and supervision of the court making such appointment, shall at all times be subject to the orders of such court and may be removed thereby and a successor appointed in the discretion of such court. Nothing herein contained shall limit the jurisdiction of such court to enter such other and further orders as such court may deem necessary for the exercise by the receiver of any function not specifically set forth herein.
Any receiver appointed as provided herein shall hold and operate the System in the name of the Issuer and for the joint protection and benefit of the Issuer and the Owners. Such receiver shall have no power to sell, assign, mortgage or otherwise dispose of any assets belonging or pertaining to the System but the authority of such receiver shall be limited to the possession, operation and maintenance of the System for the sole purpose of the protection of both the Issuer and the Owners, and the curing and making good of any default under the provisions of this Resolution, and the title to the System shall remain in the Issuer, and no court shall have any jurisdiction to enter any order permitting or requiring such receiver to sell, mortgage or otherwise dispose of any assets of the System except with the consent of the Issuer and in such manner as the court shall direct. The Owners in an aggregate principal amount of not less than twenty-five percent (25%) of the principal amount of the Bonds then outstanding may by duly executed certificate in writing appoint a trustee for Owners with authority to represent such Owners in any legal proceedings for the enforcement of the rights of such owners. Such certificate shall be executed by such Owners, or by their duly authorized attorneys or representative, and shall be filed in the office of the Secretary of the Governing Authority of the Issuer.
Until an event of default shall have occurred, the Issuer shall retain full possession and control of the System with full right to manage, operate and use the same and every part thereof with the rights appertaining thereto, and to collect and receive and, subject to the provisions of this Resolution, to take, use and enjoy and distribute the earnings, income, rent, issue and profits accruing on or derivable from the System.
SECTION 11. Covenants of Issuer. The Issuer does hereby covenant and warrant so long as any of the Bonds are outstanding and unpaid in principal and/or interest:
(a) That it is or will be lawfully seized and possessed of the System, that it has a legal right to pledge the income and revenues of the System as herein provided, and that the Bonds will have a lien and privilege on said income and revenues, subject only to the prior payment of all reasonable and necessary expenses of operating and maintaining the System.
(b) That it will at all times maintain the System in first class repair and working order and condition.
(c) That it will carry full insurance coverage on the System against those risks and in the amounts normally carried by privately owned public water companies. Said insurance policies shall be issued by a responsible insurance company or companies licensed to do business under the laws of Louisiana.
In case of loss, insurance money received by the Issuer shall be used to promptly repair or replace the property damaged.
(d) That it will maintain separate records and accounts and make full and correct entries of all transactions relating to the System. All books and accounts of the Issuer, including those pertaining to the System, shall be audited annually no later than six (6) months after the close of each fiscal year by a recognized independent firm of certified or registered public accountants, which audit shall reflect all receipts and disbursements of the Issuer, including those made for the account of the System. Such audit shall be furnished upon request to any Owner.
(e) That it will not sell, lease or in any manner dispose of the System or any substantial part thereof, provided the Issuer may dispose of property which in its judgment is worn-out, unserviceable, unsuitable, or unnecessary in the operation of the System, when other property of equal value is substituted therefor, or the proceeds derived from the disposal of such property are used for constructing and acquiring extensions and improvements to the System or repairing the System.
(f) That except as provided in Section 13 hereof, it will not voluntarily create or cause to be created any debt, lien, pledge, mortgage, assignment, encumbrance, or any other charges having priority over or parity with the lien of the Bonds upon the income and revenues of the System pledged as security therefor.
SECTION 12. Deposit of Funds and Security Therefor. All of the income and revenues earned from the operation of the System shall be deposited promptly as provided in Section 8 hereof in the Revenue Fund, which shall be maintained with the regularly designated fiscal agent bank of the Issuer as provided herein, separate and apart from all other funds of the Issuer. The funds, except any funds maintained solely pursuant to resolutions authorizing the issuance of the Outstanding Bond, shall be and constitute trust funds for the purposes provided in this Resolution, and the Owners are hereby granted a lien on all such funds and accounts until applied in the manner provided in this Resolution. The moneys in all of such funds shall at all times be secured to the full extent thereof by the bank or trust company holding such funds by direct obligations of, or obligations the principal of and the interest on which are guaranteed by, the United States of America, or direct obligations of the State of Louisiana, having a market value of not less than the amount of moneys then on deposit in said funds and accounts, or other security authorized by Louisiana Jaw.
SECTION 13. Issuance of Additional Parity Bonds; Parity Requirements. All of the Bonds shall enjoy complete parity of lien on the Net Revenues of the System despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. The Issuer shall issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the System having priority over or parity with the Bonds and the Outstanding Bond, provided, however, that Additional Parity Bonds may hereafter be issued under the following conditions;
1. The Bonds or any part hereof, including interest and prepayment premiums thereon, if any, may be prepaid with the consent of the owners (except as to maturing bonds or Bonds which are then optional for prepayment and have been properly called for prepayment, such consent shall not be necessary) and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not prepaid, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Bonds prepaid; provided, however, that if only a portion of the Bonds outstanding is so prepaid and if the refunding bonds require principal and interest payments during any year in excess of the principal and interest which would have been required in such year to pay the Bonds prepaid thereby, then such Bonds may not be prepaid without the consent of the Owners of the unrefunded portion of the Bonds issued under this Resolution.
2. Additional Parity Bonds may also be issued on a parity with the Bonds and the Outstanding Bond if all of the following conditions are met:
(a) The Net Revenues must in the Fiscal Year immediately preceding the issuance of the Additional Parity Bonds have been not Jess than 110% of the highest combined principal and interest requirements for any succeeding Fiscal Year period on all bonds then outstanding, including any Additional Parity Bonds theretofore issued and then outstanding which are payable from the Net Revenues (but not including bonds which have been prepaid or provision otherwise made for their full and complete payment and prepayment) and the bonds so proposed to be issued.
(b) In lieu of the foregoing, if a new schedule of rates, fees and charges for the services, facilities and commodities of the System shall have been adopted, and Net Revenues would have been for a period of 12 consecutive months during the 18 months preceding the month in which the additional bonds are delivered, if such new schedule of rates, fees and charges had been in effect during such period of time, at least 110% of the maximum principal and interest requirements for any succeeding Fiscal Year period on all bonds then outstanding, including any Additional Parity Bonds theretofore issued and then outstanding and any other bonds or other obligations whatsoever then outstanding which are payable from the revenues of the System (but not including bonds which have been prepaid or provision otherwise made for their full and complete payment and prepayment) and the bonds so proposed to be issued.
(c) In making the calculations set out in paragraphs (a) or (b) above, as applicable, it will be necessary to include in any calculation a credit for any future interest payments to be paid from capitalized interest.
(d) There must be no delinquencies in payments required to be made into the various funds to be maintained by this Resolution.
(e) The existence of the facts required by paragraphs (a) or (b) above, as applicable, must be determined and certified to by the Secretary of the Governing Authority of the Issuer. In making that determination, there may be a reliance upon the calculation of the adjustment of net utility revenues as a result of increased rates as prepared by a recognized engineer or firm of engineers employed for such purpose.
(f) There is no continuing Event of Default under this Resolution as certified by the Secretary of the Governing Authority of the Issuer.
(g) As long as the Outstanding Bond is still outstanding, no Additional Parity Bonds can be issued without the approval of the United States Department of Agriculture, Rural Development, the owner of the Outstanding Bond.
(h) The proceeds of the Additional Parity Bonds must be used solely for the making of improvements, extensions, renewals, replacements or repairs to the System, or refunding prior bonds issued for such purposes.
3. Junior and subordinate bonds may be issued without restriction.
SECTION 14. Issuance of Bonds; Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds and to effect delivery thereof as hereinafter provided.
The proceeds derived from the sale of the Bonds shall constitute a trust fund to be used exclusively for the purposes for which the Bonds are herein authorized to be issued. All of the proceeds derived from the sale of the Bonds shall be deposited by the Issuer in a Project Fund (the “Project Fund”).
The funds in the Project Fund shall be used solely for the purposes for which the Bonds are issued.
SECTION 15. Resolution a Contract; Amendment. The provisions of this Resolution shall constitute a contract between the Issuer and the Owners and the provisions of such contract shall be enforceable by appropriate proceedings to be taken by such Owners, either at law or in equity.
No material modification or amendment of this Resolution, or of any Resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of Bonds then outstanding; provided, however, that no such modification or amendment shall permit a change in the maturity of the Bonds or the redemption provisions thereof, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the unconditional promise of the Issuer to pay the principal of and interest on the Bonds as the same shall become due from the income and revenues of the System, or reduce the percentage of Owners required to consent to any material modification or amendment of this Resolution, without the consent of the Owner or Owners affected thereby.
SECTION 16. Retention and Duties of Consulting Engineer in Event of Failure to Make Required Payments. The Issuer covenants and agrees that in the event it should fail to derive sufficient income from the operation of the System to make the required monthly payments into the funds established by Section 8 hereof, it will retain a Consulting Engineer (the “Engineer”) on a continuous basis until all defaults are cured, for the purpose of providing for the Issuer continuous engineering counsel in the operation of its System. Such Engineer shall be retained under contract at such reasonable compensation as may be fixed by this Governing Authority, and the payment of such compensation shall be considered to be one of the costs of maintaining and operating the System. Any Engineer appointed under the provisions of this Section may be replaced at any time by another Engineer appointed or retained by the Issuer, with the consent and approval of the Purchaser.
SECTION 17. Award of Bonds. The Issuer hereby accepts the offers of the Purchasers, which offers are attached as Exhibit A-1 and A-2 hereto, and any Executive Officer is hereby authorized to execute said offers on behalf of the Issuer. As a condition to the delivery of the Bonds to the Purchasers, the Purchasers will execute a standard letter, acceptable to them and the Issuer, indicating they have conducted their own analysis with respect to the Bonds and are extending credit in the form of the Bonds as a vehicle for making a commercial loan to the Issuer.
SECTION 18. Recital of Regularity. This Governing Authority, having investigated the regularity of the proceedings had in connection with this issue of Bonds, 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 Louisiana.”
SECTION 19. Events of Default. If one or more of the following events (in this Resolution 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 this Resolution, any supplemental resolution or 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 Owners of not less than 25% of the Bonds then outstanding; 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 shall be entitled to exercise all rights and powers for which provision is made under Louisiana law.
SECTION 20. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owner, the principal (and prepayment price, if any) of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Principal or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section, 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 21. 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 22. Parties Interested Herein. Nothing in this Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or corporation, other than the Issuer, the Paying Agent and the Owners of the Bonds any right, remedy or claim under or by reason of this Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent and the Owners of the Bonds.
SECTION 23. 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 Resolution against any member of the Governing Authority or officer of the Issuer or any person executing the Bonds.
SECTION 24. Successors and Assigns. Whenever in this Resolution 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 Resolution 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 25. 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.
SECTION 26. Severability. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality and invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution 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 hereafter enacted which validates or makes legal any provision of this Resolution or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 27. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 28. Notices to Owners. Wherever this Resolution provides for notice to Owners of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and delivered via accepted means of electronic communication or mailed, first-class postage prepaid, to each Owner, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners is given by mail, neither the failure to mail such notice to any particular Owner, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such Waiver.
SECTION 29. Cancellation of Bonds. All Bonds surrendered for payment, transfer, exchange or replacement, to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent.
SECTION 30. Bonds Mutilated, Destroyed, Stolen or Lost. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution. Any additional procedures set forth in the Agreement authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 31. Tax Covenants. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be “arbitrage bonds” or would result in the inclusion of the interest on the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate or 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 a “private activity bond”.
The Executive Officers are hereby empowered, authorized and directed to take any and all action to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 32. Bonds “Qualified Tax-Exempt Obligations.” The Bonds are designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Bonds are not “private activity bonds” within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2024 does not exceed $10,000,000.
SECTION 33. Disclosure Under SEC Rule 15c2-12. The Issuer will not be required to comply with the continuing disclosure requirements described in Rule 15c2-12 of the Securities and Exchange Commission [17 CFR 240.15c2-12].
SECTION 34. Post-Issuance Compliance. The Executive Officers and/or their designees are directed to establish, continue, and/or amend, as applicable, written procedures to assist the Issuer in complying with various State and Federal statutes, rules and regulations applicable to the Bonds and are further authorized to take any and all actions as may be required by said written procedures to ensure continued compliance with such statutes, rules and regulations throughout the term of the Bonds.
SECTION 35. Paying Agent: Appointment and Acceptance of Duties. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designations of the initial Paying Agents in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or ordinance giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Any successor Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. If required, the Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 36. Publication. This Resolution shall be published one time in the official journal of the Issuer, or if there is none, in a newspaper having general circulation in the Issuer. It shall not be necessary to publish the exhibits to this Resolution but such exhibits shall be made available for public inspection at the offices of the Governing Authority at reasonable times and such fact must be stated in the publication within the official journal.
SECTION 37. Effective Date. This Resolution shall become effective immediately.
This Resolution having been submitted to a vote, the vote thereon was as follows:
Yea: Kurt Schultz, Carl Ritter, Jeremy Rion, Chancy Frith, Thomas I. Savoy; Nay: 0; Absent: Wm. E. “Rusty” Reeves, Glenn Monceaux; Abstaining: 0
And the resolution was declared adopted on this, the 14th day of November, 2023.
Chancy Frith, Vice-President
Kurt Schultz, Secretary-Treasurer
STATE OF LOUISIANA
PARISH OF ALLEN
I, the undersigned Secretary-Treasurer of the Board of Waterworks Commissioners of West Allen Parish Water District, Allen Parish, Louisiana (the “Issuer”), do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by the Board of Waterworks Commissioners of the Issuer on November 14, 2023, authorizing the issuance of Five Hundred Thousand Dollars ($500,000) of Water Revenue Bonds, Series 2023, of West Allen Parish Water District, Allen Parish, Louisiana; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature at Reeves, Louisiana, on this, the 14th day of November 2023.
Kurt Schultz, Secretary-Treasurer
(PUBLISH: NOVEMBER 23, 2023)1T
POSITION NOTICE
The Allen Parish School Board is seeking
person(s) to fill the following position(s):
One (1) Custodian for
ELIZABETH HIGH SCHOOL (10 Month)
Minimum Requirements:
1. Twenty-one years of age or older.
2. Good general health with no physical
condition that prohibits heavy cleaning
or lifting.
3. Ability to take directions and work
independently to complete assigned tasks.
4. Keeps building and premises, including
sidewalks and parking lot neat and clean
at all times.
5. Performs other tasks assigned by the
appropriate authority.
Salary: Allen Parish Salary Schedule
Application Deadline: December 1, 2023
Special Requirements: A physical exam is
required prior to beginning work.
APPLY:
Allen Parish School Board Office
1111 West 7th Ave. • P O Drawer C
Oberlin, Louisiana 70655
This Institution is an equal opportunity provider
(PUBLISH: NOVEMBER 16 & 23, 2023)2T