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THE LINCOLN Parish Police Jury met in regular session on Tuesday, January 8, 2013,

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THE LINCOLN Parish Police Jury met in regular session on Tuesday, January 8, 2013, at 7:00 p.m., at its regular meeting place in the Courthouse, Ruston, Louisiana. Present were: Theresa Wyatt, District One; Hazel D. Hunter, District Two; Bobby Bennett, District Three; Randy Roberson, District Four; David Hammons, District Five; Walter Pullen, District Six; Jody Backus; District Seven; Skip Russell, District Eight; Joe Henderson, District Nine; Sharyon Mayfield, District Eleven and Ronny Walker, District Twelve.
Absent: Nancy Wilson, District Ten
Skip Russell called the meeting to order and Hazel Hunter delivered the invocation. Bobby Bennett offered a motion, seconded by Sharyon Mayfield, to approve the Agenda. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Joe Henderson offered a motion, seconded by David Hammons, to approve the minutes of the January 8, 2013 meeting. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Theresa Wyatt offered a motion, seconded by Ronny Walker, to appoint Tiffany Baldwin to the Lincoln Parish Convention and Visitor's Bureau as the Retail Merchants Association Representative.
RESOLUTION NO. 2013 - 10
BE IT RESOLVED by the Police Jury of Lincoln Parish, Louisiana, convened in Regular Session this 12th day of February, 2013 that Tiffany Baldwin Is hereby and herewith appointed, COMMISSIONER Convention and Visitor's Bureau Lincoln Parish, Louisiana, For the term of February 12, 2013 - December 31, 2015
Signed and Sealed this 12th day of February, 2013
LINCOLN PARISH POLICE JURY
/s/ Courtney Hall /s/ Skip Russell
Courtney Hall Skip Russell
Parish Administrator President
There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Randy Roberson offered a motion, seconded by Walter Pullen, to appoint Ronny Walker to the Lincoln Parish Convention and Visitor's Bureau as the Lincoln Parish Police Jury Representative to fill the unexpired term of Skip Russell.
RESOLUTION NO. 2013 - 11
BE IT RESOLVED by the Police Jury of Lincoln Parish, Louisiana, convened in Regular Session this 12th day of February, 2013 that Ronny Walker Is hereby and herewith appointed, COMMISSIONER Convention and Visitor's Bureau Lincoln Parish, Louisiana, For the term of February 12, 2013 - December 31, 2014
Signed and Sealed this 12th day of February, 2013
LINCOLN PARISH POLICE JURY
/s/ Courtney Hall /s/ Skip Russell
Courtney Hall Skip Russell
Parish Administrator President
There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Ronny Walker offered a motion, seconded by Hazel Hunter, to appoint Theresa Younger as an At-Large Member to the Keep Lincoln Parish Beautiful Commission.
RESOLUTION NO. 2013 - 12
BE IT RESOLVED by the Police Jury of Lincoln Parish, Louisiana, convened in Regular Session this 12th day of February, 2013 that Theresa Younger Is hereby and herewith appointed, COMMISSIONER At-Large Keep Lincoln Parish Beautiful
Lincoln Parish, Louisiana, For the term of February 12, 2013 - December 31, 2016
Signed and Sealed this 12th day of February, 2013
LINCOLN PARISH POLICE JURY
/s/ Courtney Hall /s/ Skip Russell
Courtney Hall Skip Russell
Parish Administrator President
There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Bobby Bennett offered a motion, seconded by Ronny Walker, to approve the franchise ordinance for Atmos Energy Corporation.
ORDINANCE NO. 328-13-(0)
ORDINANCE OF THE PARISH OF LINCOLN, LOUISIANA, GRANTING TO ATMOS ENERGY CORPORATION (A TEXAS AND VIRGINIA CORPORATION WITH ITS PRINCIPAL OFFICE IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS) AND ITS SUCCESSORS AND ASSIGNS THE FRANCHISE AND RIGHTS TO CONDUCT IN SUCH PARISH THE BUSINESS OF ACQUIRING, MAINTAINING, CONSTRUCTING, LAYING, REPAIRING, REMOVING, REPLACING, INSTALLING, OPERATING, AND DISPOSING OF A GAS SYSTEM FOR THE SALE, TRANSPORTATION, AND DISTRIBUTION OF NATURAL GAS WITHIN AND BEYOND THE BOUNDARIES OF THE PARISH AND TO THE RESIDENTS AND BUSINESSES LOCATED THEREIN FOR LIGHT, HEAT, POWER, AND ANY OTHER PURPOSES AND THE RIGHT TO USE THE PRESENT AND FUTURE STREETS, ROADS, HIGHWAYS, ALLEYS, BRIDGES, PUBLIC WAYS, AND IMMOVABLE PROPERTY IN SUCH PARISH BUT NOT WITHIN THE LIMITS OF ANY MUNICIPALITY OR OWNED OR CONTROLLED BY SUCH PARISH FOR SUCH PURPOSES; PRESCRIBING THE TERMS AND CONDITIONS TO WHICH SUCH FRANCHISE AND RIGHTS ARE SUBJECT; AND PRESCRIBING THE TERM OF SUCH FRANCHISE AND RIGHTS. NOW, THEREFORE, BE IT ORDAINED by the Police Jury of Lincoln Parish, Louisiana, convened in Regular Session this 12th day of February, 2013, that the following Ordinance is hereby adopted:
SECTION 1
That, subject to the terms and conditions hereinafter set forth, ATMOS ENERGY CORPORATION, a Texas and Virginia corporation with its principal office in the City of Dallas, Dallas County, Texas (hereinafter referred to as “Atmos”), be, and hereby is, granted the non-exclusive franchise and rights to conduct in the Parish the business of acquiring (by purchase, lease, or otherwise), maintaining, constructing, laying, repairing, removing, replacing, installing, operating, and disposing of (by sale, lease, or otherwise) a Gas System, as hereinafter defined, for the sale, transportation, and distribution of natural gas within and beyond the boundaries of the Parish and to the residents and business located therein for light, heat, power, and any other purpose during the term set forth below. Such franchise and rights shall include, but not be limited to, the right to use the Public Roads, as hereinafter defined for purposes of maintaining, constructing, laying, repairing, removing, replacing, installing, and operating any and all components of the Gas System, together with access, at all times and from time to time, to such Public Roads during the term hereof, subject, however, to receipt of the written consent of the Louisiana Highway Engineer with respect to any of the Public Roads constituting state highways and the Parish Engineer with respect to any of the Public Roads constituting parish roads.
ARTICLE I
DEFINITIONS
For purposes of this Ordinance, the following terms shall have the meanings set forth below:
Section 1.1. Gas System. The term “Gas System” shall mean any and all pipelines, as hereinafter defined, regulators, meters, valves, compressors, anti-corrosion items, facilities, structures, machinery, equipment, and appurtenances of any kind that Atmos, in its sole discretion, may deem necessary or advisable for the exercise of the franchise and rights granted to Atmos herein.
Section 1.2. Pipelines. The term “Pipelines” shall mean any and all above-ground and below-ground pipes, including but not limited to, mains, distribution lines, secondary lines, laterals, and other pipes, that have been, are being, or are intended to be used at any time in, or in connection with, the sale, transportation, or distribution of natural gas within and beyond the Parish limits.
Section 1.3. Public Roads. The term “Public Roads” shall mean the present and future streets, roads, highways, alleys, bridges, public ways and places, and other immovable property in the Parish but not within the limits of any municipality or otherwise owned or controlled by the Parish.
ARTICLE II
TERM
Section 2.1. Term. The term of the franchise and rights hereby granted to Atmos shall be for a period of ten (10) years, commencing on the later of (i) ten (10) days after the date of publication of this Ordinance in accordance with law or (ii) the expiration of the franchise held by Atmos immediately preceding this franchise and any extensions thereto.
ARTICLE III
GRANT OF SPECIFIC RIGHTS TO ATMOS
In addition to the franchise and rights granted herein to Atmos, the Parish acknowledges that Atmos has, and hereby grants to Atmos, the following rights and powers:
Section 3.1. Adoption of Rules. From time to time during the term hereof, Atmos may, subject to any and all valid and applicable statutes, ordinances, rules, and regulations of any federal or state governmental authority or agency, make and enforce reasonable rules pertaining to Atmos' business and operations, including, but not limited to, requiring payment on or before a specified day each month for all services furnished during the preceding month with the right to disconnect and discontinue service to delinquents.
Section 3.4. Right of Use. Atmos is hereby specifically granted a right of use on all Public Roads for purposes of maintaining, constructing, laying, repairing, replacing, installing, and operating any and all components of the Gas System, together with access, at all times and from time to time, to such Public Roads during the term hereof, subject, however, to receipt of the written consent of the Louisiana Highway Engineer with respect to any of the Public Roads constituting state highways or the Parish Engineer with respect to any Public Roads constituting parish roads.
ARTICLE IV
OBLIGATIONS OF ATMOS
Section 4.1. No Obstruction of Public Property. Atmos shall not unnecessarily or for any unreasonable period of time obstruct or interfere with the public use of any of the Public Roads.
Section 4.2. Repair of Damages. Atmos shall repair any and all damages caused solely by Atmos to any of the Public Roads and shall restore, as nearly as practicable, such property to substantially its condition immediately prior to the incident causing such damage. Atmos shall commence such repairs immediately upon completion of the work or activity in which Atmos was involved at the time the damage occurred and shall complete such repairs as promptly as possible.
Section 4.3. Conduct of Work and Activities and Compliance with Laws. Atmos shall use reasonable care in conducting its work and activities in order to prevent injury to any person and unnecessary damage to any immovable or personal property. All work performed on a state highway shall also be done in a manner consistent with the requirements of the laws pertaining to public highways, including Chapter 2 of Title 48 of the Louisiana Revised Statutes. In exercising the rights herein granted, Atmos shall at all times comply with all applicable laws, ordinances, statutes, regulations, rules, orders or other directives of any federal, state, parish or local governmental body having jurisdiction thereof.
Section 4.4. Hold Harmless and Indemnification. Atmos agrees to hold harmless and indemnify the Lincoln Parish Police Jury, and its individual members, agents and employees from any and all claims of liability, losses, injuries, damages, costs or expenses of whatever nature and kind which might be made against them, of or in any way connected with maintaining, constructing, laying, repairing, removing, replacing, installing or operating its Gas System in Lincoln Parish, Louisiana, as well as the sale, transportation and distribution of natural gas within and beyond the borders of Lincoln Parish; except to the extent any such claims result from the intentional acts, negligence or willful misconduct of the Lincoln Parish Police Jury, its members, agents, employees or authorized representatives. In connection therewith, Atmos shall cause the said Police Jury, its members, agents, employees or representatives to be defended against any and all such claims (of the nature described in the preceding paragraph) and pay all costs of said defense; including, but not limited to, attorney's fees, expert fees, court costs and other similar defense costs.
ARTICLE V
GENERAL PROVISIONS
Section 5.1. Force Majeure. Notwithstanding anything expressly or impliedly to the contrary contained herein, in the event Atmos is prevented, wholly or partially, from complying with any obligation or undertaking contained herein by reason of any event of force majeure, then, while so prevented, compliance with such obligations or undertakings shall be suspended. The term “force majeure,” as used herein, shall mean any cause not reasonably within Atmos' control and includes, but is not limited to, acts of God, strikes, lock-outs, wars, terrorism, riots, orders or decrees of any lawfully constituted federal, state, or local body, contagions or contaminations hazardous to human life or health, fires, storms, floods, wash-outs, explosions, breakages or accidents to machinery or lines of pipe, inability to obtain or the delay in obtaining rights-of-way, materials, supplies, or labor permits, temporary failures of gas supply, or necessary repair, maintenance, or replacement of facilities used in the performance of the obligations contained in this Ordinance.
Section 5.2. Amendments. This Ordinance and the franchise and rights granted herein may be amended only by written agreement of the Parish and Atmos to such amendment.
Section 5.3. Repeal of Conflicting Ordinances. All other ordinances of the Parish or portions thereof that are in conflict or inconsistent with any of the terms or provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency.
Section 5.4. Severability. In the event any part of this Ordinance is determined to be invalid or illegal for any reason whatsoever, such invalidity or illegality shall not affect the validity or legality of this Ordinance as a whole or of any parts hereof.
Section 5.5. Binding Effect. This Ordinance shall extend to, be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns.
Section 5.6. Section and Other Headings. The section and other headings contained in this Ordinance are for reference purposes only and shall not affect in any way the meaning or interpretation of this Ordinance.
/s/ Courtney Hall /s/ Skip Russell
Courtney Hall, Secretary
Skip Russell, President
Lincoln Parish Police Jury
There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Joe Henderson offered a motion, seconded by Hazel Hunter, to authorize the President to Execute Contract Documents (LIHEAP Program) and Designating Rosalind Jones, Executive Director as Contact and Signatory for LIHEAP Program.
Resolution 2013-13
BE IT RESOLVED BY the Police Jury of Lincoln Parish, Louisiana, convened in regular session this 12th day of February, 2013, that Skip Russell, President, be and he is hereby authorized, empowered and instructed to execute the necessary contract documents between the Lincoln Parish Police Jury and the Louisiana Association of Community Action Partnership, Inc., with the effective date of January 1, 2013, for the Low-Income Home Energy Assistance Program (LIHEAP). BE IT FURTHER RESOLVED that Rosalind Jones, Executive Director , Humanitarian Enterprises of Lincoln Parish, is hereby designated the named contact person and signatory for said LIHEAP Program; and, said Rosalind Jones is further hereby authorized and instructed to do all things necessary to implement, maintain and administer said program in accordance with appropriate laws, guidelines and regulations pertinent thereto.
/s/ Courtney Hall Courtney Hall Parish Administrator
There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Randy Roberson offered a motion, seconded by Bobby Bennett, to adopt a Resolution of Assurance for the Uniform Relocation and Real Property Acquisitions Act.
RESOLUTION NO. 2013-14
RESOLUTION OF ASSURANCE TO COMPLY WITH UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
LINCOLN PARISH POLICE JURY
WHEREAS, the Lincoln Parish Police Jury anticipates obtaining Federal participation in transportation related projects for the fiscal year 2012-2013; and, WHEREAS, it is essential for the Lincoln Parish Police Jury to provide the necessary assurances to Louisiana Department of Transportation's Real Estate Section that it will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Uniform Relocation Act) 42 U.S.C. 4601-4655, and with implementing Federal regulations in 49 C.F.R. Part 24. NOW, THEREFORE, BE IT RESOLVED, that the Lincoln Parish Police Jury assures that it will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Uniform Relocation Act) 42 U.S.C. 4601-4655, and with implementing Federal regulations in 49 C.F.R. Part 24.
/s/ Courtney Hall
COURTNEY HALL
ADMINISTRATOR
There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Theresa Wyatt offered a motion, seconded by Ronny Walker, to authorize a letter of no objection concerning the City of Ruston Annexation on Beacon Light Road. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Joe Henderson offered a motion, seconded by Ronny Walker, to authorize award of bids for railroad tank cars to the Railroad Yard, Inc. in the amount of $23,600.00 and Smith Diversified Railcar in the amount of $17,600.00. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Randy Roberson offered a motion, seconded by Bobby Bennett, to authorize the advertisement of bids for asphalt material. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Walter Pullen stated that the Solid Waste Committee met at 4:00 PM this day and the Committee recommends:
1. Closing and relocating the rural refuse containers at sites on Sharon Road, Butler Road, Hickory Street, and Whitehead Road as recommended.
Walter Pullen offered a motion, seconded by Randy Roberson, to accept the minutes of the Solid Waste Committee. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Skip Russell stated that the Parks, Recreation and Tourism Committee met at 4:30 PM this day and the Committee recommends:
1. Increasing the entry fee from $1.50 to $2.00, the campground fee from $13.55 to $15.00 and the RV campground fee from $18.06 to $25.00
David Hammons offered a motion, seconded by Sharyon Mayfield, to approve the minutes of the Parks, Recreation and Tourism Committee. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Ronny Walker stated that the Adjudicated Property Committee met at 5:00 PM this day and the Committee recommends:
1. Accepting the low proposal of Gilmore Auction and Realty Co. for adjudicated property disposal services.
Ronny Walker offered a motion, seconded by Hazel Hunter, to approve the minutes of the Adjudicated Property Committee. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Joe Henderson stated that the Personnel/Benefits Committee met at 6:00 PM this day and the Committee recommends:
1. Re-appointing Diana Humphries to the Library Board of Control for a five year term.
2. Appointing Elizabeth K. Johnson to the Waterworks District No. 1 for a five year term.
3. Appointing Bill Ross as an At-Large Member to the Keep Lincoln Parish Beautiful Commission for a three year term.
4. Appointing Ray Robinson to the Lincoln Parish Fire Training Center Commission for a three year term. Joe Henderson offered a motion, seconded by Ronny Walker, to approve the minutes of the Personnel/Benefits Committee. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Sharyon Mayfield stated that the Public Property and Buildings Committee met at 6:30 PM this day and the Committee recommends:
1. Exercising the option to renew the lease with Dollar General Corporation at the rates and terms as provided for in the existing lease agreements.
2. Tabling the renewal of Simply Fashions, Ltd. until more information could be obtained.
Sharyon Mayfield offered a motion, seconded by Ronny Walker, to approve the minutes of the Public Property and Buildings Committee. There being no public comment on the matter the motion was voted upon and carried with the following votes:
Yeas: Wyatt, Hunter, Bennett, Roberson, Hammons, Pullen, Backus, Russell, Henderson, Mayfield, Walker
Nays: None
Absent: Wilson
Parish Administrator Courtney Hall stated that the 2013 NACo Conference would be held from July 19-22 in Fort Worth, Texas. There being no other business to discuss, the meeting was adjourned.
Courtney Hall R. G. “Skip” Russell
Parish Administrator Parish President
1td: March 25, 2013

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