The Franklin Sun: Public Notices: Wednesday, June 27th, 2007



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Public Notices: Wednesday, June 27th, 2007

Public & Legal Notices may be submitted to us at legals@franklinsun.com.

Public Notices Published Wednesday, June 27th, 2007

STATE OF LOUISIANA
PARISH OF FRANKLIN
The following Ordinance was introduced by McCarthy, who moved for its adoption, and was seconded by Dumas:
ORDINANCE NO. 918
CITY OF WINNSBORO, PARISH OF FRANKLIN, STATE OF LOUISIANA
An Ordinance providing for the levy within the City of Winnsboro, Parish of Franklin, State of Louisiana, effective ten (10) years from the date of the first levy of the Tax, of a one-half percent (.5%) sales and use tax (the "Tax") upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and upon the sale of services in said City, levying and providing for the assessment, collection, payment and dedication of the proceeds of such Tax and the purpose for which the proceeds of the Tax may be expended, such Tax having been authorized at a special election held in the City on May 5, 2007.
WHEREAS, under the provisions of Article VI, Section 29(B) of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority and an election held on May 5, 2007, the City of Winnsboro, Parish of Franklin, State of Louisiana (the "City"), acting through the Mayor and City Council, as its governing authority (the "Governing Authority"), is authorized to levy and collect within the City a one-half percent (.5%) sales and use tax (the "Tax") from and after July 1, 2007, upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and upon the sale of services as provided by law, pursuant to the following proposition which was approved at said election held on May 5, 2007:
CITY OF WINNSBORO PROPOSITION
(.5% SALES TAX)
SUMMARY: THE AUTHORITY FOR THE CITY OF WINNSBORO TO LEVY A .5% SALES AND USE TAX FOR 10 YEARS TO BE USED FOR THE IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF PUBLIC STREETS WITHIN THE CORPORATE LIMITS OF THE CITY, INCLUDING RELATED DRAINAGE AND UTILITIES, AND THE ACQUISITION, MAINTENANCE, AND REPAIR OF EQUIPMENT FOR SUCH PURPOSES.
Shall the City of Winnsboro, Parish of Franklin, State of Louisiana (the "City"), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to levy and collect a tax of one-half percent (.5%) (the "Tax"), upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the City, all as defined by law, for a period of ten (10) years from the date of the first levy of the Tax, with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax), to be dedicated and used for the improvement, maintenance, and/or repair of public streets within the corporate limits of the City, including related drainage and utilities and the acquisition, maintenance, and repair of equipment for such purpose. It is estimated (as of the date of this proposition) that the amount reasonably expected to be collected from the levy of the Tax for the first year will be approximately $628,000.
WHEREAS, in compliance with the aforesaid constitutional and statutory authority and said special election of May 5, 2007, it is the desire of this Governing Authority to provide for the levy and collection of the Tax and to provide for distribution of the proceeds thereof and other matters in connection therewith as hereinafter provided in this Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council, acting as the governing authority of the City of Winnsboro, Parish of Franklin, State of Louisiana, thereof, that:
SECTION 1. Imposition. Pursuant to the authority of a special election held in the City on May 5, 2007, a tax is hereby levied upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property, and upon the lease or rental of tangible personal property and on the sales of services in the City (the "Tax"), as defined by law. The Uniform Local Sales Tax Code, as enacted by Act 73 of the 2003 Regular Session of the Louisiana Legislature and as it may be amended, shall apply in the assessment, collection, administration and enforcement of the Tax, the provisions of which are hereby incorporated by reference.
SECTION 2. Rate. The Tax is levied at the rate of one-half percent (.5%) of the sales price of each item or article of tangible personal property when sold at retail in the City, the Tax to be computed on gross sales for the purpose of remitting the amount of tax due to the City, and to include each and every retail sale. The Tax is levied at the rate of one-half percent (.5%) of the cost price of each item or article of tangible personal property when the same is not sold but is used, consumed, distributed, or stored for use or consumption in the City, provided there shall be no duplication of the Tax. The Tax is levied at one-half percent (.5%) of the gross proceeds derived from the lease or rental of tangible personal property, as defined by law, where the lease or rental of such property is an established business, or part of an established business, or the same is incidental or germane to the said business, or of the monthly lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by lessee or rentee to the owner of the tangible personal property. The Tax is levied at the rate of one-half percent (.5%) of the amount paid or charged for taxable services, as defined by law, performed in the City.
SECTION 3. Effective Date. The Tax shall be effective on July 1, 2007.
SECTION 4. Expiration Date. The Tax will expire in the year 2017.
SECTION 5. Purposes. The proceeds of the Tax shall be used for the purposes set forth in the proposition approved by the voters in the special election held in the City on May 5, 2007, which proposition is set forth in the preamble hereto.
SECTION 6. Vendor's Compensation. For the purpose of compensating the dealer in accounting for and remitting the Tax levied by this Ordinance, each dealer shall be allowed one percent (1%) of the amount of Tax due and accounted for and remitted to the City's collector in the form of a deduction in submitting his report and paying the amount due by the dealer, provided the amount due was not delinquent at the time of payment, and provided the amount of any credit claimed for taxes already paid to a wholesaler shall not be deducted in computing the commission allowed the dealer hereunder.
SECTION 7. Exclusions and Exemptions. The Governing Authority adopts none of the optional exclusions or exemptions allowed by State sales and use tax law, nor does the Governing Authority adopt any exclusions or exemptions authorized by legislation enacted under Article VI, Section 29 (D)(1) of the Constitution of the State of Louisiana of 1974, that are not allowed as an exclusion or exemption from State sales and use tax. Included within the Tax base is every transaction, whether sales, use, lease or rental, consumption, storage or service, with no exclusions or exemptions except for those mandated upon political subdivisions by the Constitution or statutes of the State of Louisiana, including the Act.
SECTION 8. Interest. The interest on unpaid taxes provided for by La. R.S. 47:337.69 shall be at the rate of one and one-fourth percent (1 1/4 %) per month.
SECTION 9. Delinquency Penalty. The delinquency penalty, as provided by La. R.S. 47:337.70, shall be five percent (5%) per month on the unpaid amount of the Tax due for each thirty-day period, not to exceed five thirty-day periods.
SECTION 10. Penalty for False or Fraudulent Return. Penalty as provided by La. R.S. 47:337.72 shall be fifty percent (50%) of the Tax found to be due.
SECTION 11. Negligence Penalty. The penalty provided by La. R.S. 47:337.73 shall be five percent (5%) of the Tax or deficiency found to be due, or ten dollars ($10.00), whichever is greater.
SECTION 12. Penalty for Insufficient Funds Check. The penalty provided in La. R.S. 47:337.74 shall be an amount equal to the greater of one percent (1%) of the check or twenty dollars ($20.00).
SECTION 13. Attorney Fees. The collector is authorized to employ private counsel to assist in the collection of any taxes, penalties or interest due under this Ordinance, or to represent him in any proceeding under this Ordinance. If any taxes, penalties or interest due under this Ordinance are referred to an attorney at law for collection, an additional charge of attorney fees, in the amount of ten per centum (10%) of the taxes, penalties and interest due, shall be paid by the tax debtor.
SECTION 14. Penalty for Costs Incurred. As provided by R.S. 47:337.75, and under the circumstances set forth therein, a penalty shall be added to the amount of tax due in an amount as itemized by the Collector to compensate for all costs incurred in making an examination of books, records or documents, or an audit thereof, or in the holding of hearings or the subpoenaing and compensating of witnesses.
SECTION 15. Distraint Penalty. The penalty as provided by R.S. 47:337.76 in cases where the distraint procedure is used in the collection of the Tax shall be ten dollars ($10.00).
SECTION 16. Limits on Interest, Penalty and Attorney Fees. Should the interest, penalties or attorney fees herein, or the combined interest, penalties and attorney fees be declared to be in excess of limits provided by other law, including relevant jurisprudence, then the maximum interest, penalties and attorney fees allowed by such other law shall apply.
SECTION 17. Collector. The Tax levied by this Ordinance is authorized to be collected by a "Collector" which term shall mean the Franklin Parish School Board Sales and Use Tax Department, State of Louisiana.
SECTION 18. Powers of Collector. The Collector is hereby authorized, empowered and directed to carry into effect the provisions of this Ordinance, to appoint deputies, assistants or agents to assist it in the performance of its duties, and in pursuance thereof to make and enforce such rules as it may deem necessary.
SECTION 19. Agreement to Collect Tax on Vehicles. With regard to the collection of the Tax on any motor vehicle, automobile, truck, truck-trailer, trailer, semi-trailer, motor bus, home trailer, or any other vehicle subject to the vehicle registration license tax, this Governing Authority authorizes the Mayor, acting on behalf of the City and this Governing Authority, to execute an agreement with the Vehicle Commissioner, Department of Public Safety and Corrections for the collection of the Tax on said vehicles, as provided by R.S.47:303(B).
SECTION 20. Revenues of Tax. All taxes, revenues, funds, assessments, moneys, penalties, fees or other income which may be collected or come into the possession of the Collector under any provision or provisions of this Ordinance relating to the Tax shall be promptly deposited by the Collector for the account of the City in a special fund heretofore established and maintained for the deposit of such proceeds, which fund shall be a separate bank account established and maintained with the regularly designated fiscal agent of the City; provided, however, any amount which is paid under protest or which is subject to litigation may be transferred to a separate account established by the Collector with said fiscal agent pending the final determination of the protest or litigation.
In compliance with the said special election of May 5, 2007, authorizing the Tax, after all reasonable and necessary costs and expenses of collecting and administration of the Tax has been paid as provided for above, the remaining balance in such said special fund shall be available for appropriation and expenditures by the Governing Authority solely for the purposes designated in the proposition authorizing the levy of the Tax.
SECTION 21. Severability. If any or more of the provisions of this Ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance, but this Ordinance shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provision enacted after the date of this Ordinance which validates or makes legal any provision of this Ordinance which would not otherwise be valid or legal, shall be deemed to apply to this Ordinance.
SECTION 22. Publication and Recordation. This Ordinance shall be published in one issue of the official journal of this Governing Authority as soon as is reasonably possible. A certified copy of this Ordinance shall be recorded in the mortgage records of the Parish of Franklin, State of Louisiana.
SECTION 23. Effective Date. This Ordinance shall be in full force and effect immediately upon its adoption and approval, being an Ordinance affecting the public peace, health and safety.
YEAS: Mahoney, Dumas, Johnson, Gill, McCarthy
NAYS: None
ABSENT: None
And the Ordinance was declared adopted on this the 18th day of June, 2007.
Roxy Fletcher, Clerk
Jack Hammons, Mayor
6/27
VILLAGE OF GILBERT
RESOLUTION
2007-2008
A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE FRANKLIN PARISH POLICE JURY
WHEREAS, The Village of Gilbert, being a small Village and not having the knowledgeable abilities to issue building permits and follow up on inspections needed to comply with the Uniform Building Codes.
WHEREAS, The Franklin Parish Police Jury has entered into an agreement with McManus Engineers, Inc. to issue certificates of occupancy to perform building inspections on an as needed basis.
THEREFORE BE IT RESOLVED, That the Village of Gilbert according to Louisiana Revised Statute 40:1730.24 enter into a cooperative endeavor agreement with Franklin Parish to issue permits and perform inspections on behalf of the Village of Gilbert in accordance with the Uniform Construction Code.
BE IT FURTHER RESOLVED, That the Village of Gilbert grants Franklin Parish the authority to issue all permits on behalf of said Municipality.
Thus done and adopted on the 11th day of May, 2007.
Votes recorded as follows:
Yeas: 3
Nays: 0
Absent: 0
Mike Stephens, Mayor
Diane Parker, Clerk
6/27 1tb
LEGAL NOTICE
This is to certify that the FRANKLIN PARISH CLERK OF COURT has complied with Louisiana Revised Statute 39:1306 relative to public participation in the Budget process for the Year Ended June 30, 2008. Notice of availability for public inspection, and public hearing was held in compliance with applicable statute.
Ann Johnson
Clerk of Court
6/27 1tb
SHERIFF'S SALE
Novastar Mortgage, Inc.
Vs. No. 39,530
Kendall P. Case and Shonnie Pylant Case
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 1st day of August A.D., 2007, within legal hours beginning at 10:00 a.m, the following described property, to-wit:
A certain parcel of land situated in the West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 NE 1/4), Section 2 Township North, Range 7 East, more particularly described as follows:
Beginning at the northeast corner of the West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4) Section 2, Township 15 North, Range 7 East, and proceed in a westerly direction along the north line of the said West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4), 562 feet to a point of beginning; thence proceed in a southerly direction parallel to the east line of the said West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4), a distance of 260 feet; thence proceed in a westerly direction parallel to the north line of the said West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4), a distance of 98 feet, thence proceed North along the west line of the said West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4), 260 feet more or less, to the north line of the said West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4); thence proceed in an easterly direction along the north line of the West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4), 98 feet more or less to point of beginning, which is 562 feet from the northeast corner of the said West Half of East Half of Northeast Quarter (W 1/2 of E 1/2 of NE 1/4), Section 2, Township 15 North, Range 7 East, containing 0.58 acres, more or less.
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff's Office, Winnsboro, La.
6/27, 7/25 2tp
SHERIFF'S OFFICE
United States of American, Through the Rural Housing Service, United States Department of Agriculture
Vs. No. 39,367
Peachie Dawana Hollins
State of Louisiana
Parish of FranklinFifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 1st day of August A.D., 2007, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
Lot 26, Block 2 of the Resubdivision of the second addition to Owen Place Addition to Winnsboro, Franklin Parish, Louisiana, which has the address of 3001 Earle Drive, Winnsboro, Louisiana 71295.
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff's Office, Winnsboro, La.
6/27, 7/25 2tp

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