The Franklin Sun: Public Notices: Thursday, September 6th, 2007



Today is Tuesday, May 21st, 2013	Subscribe Today!

Main Menu

• Home
• Links of Interest
• Photo Gallery
• Polls & Surveys
• Public Notices
• Read Our E-Edition
• Recommend Us
• RSS Feeds
• Search Our Site
• Site Statistics
• Story Archives
• Top 5 Most Popular
• Contact Us

Ads by Google

Current Poll

Are you keeping your New Year's resolutions?

View Results

Public Notices: Thursday, September 6th, 2007

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

Public Notices Published Thursday, September 6th, 2007

PROCEEDINGS OF THE LAW ENFORCEMENT DISTRICT OF THE PARISH OF FRANKLIN, STATE OF LOUISIANA, TAKEN AT A SPECIAL MEETING HELD ON FRIDAY, AUGUST 24, 2007.
The Law Enforcement District of the Parish of Franklin, State of Louisiana, met in special session on Friday, August 24, 2007, at the regular meeting place, the Sheriff's Office, 6556 Main Street, Winnsboro, Louisiana, at two o'clock (2:00) p.m., pursuant to the following written notice duly posted in the manner required by law, viz:
Winnsboro, Louisiana
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that a special meeting of the Law Enforcement District of the Parish of Franklin, State of Louisiana, has been ordered and called and will be held at its regular meeting place, the Sheriff's Office, 6556 Main Street, Winnsboro, Louisiana, on Friday, August 24, 2007, at two o'clock (2:00) p.m., for the following purposes, to-wit:
1. To consider and take action with respect to (i) canvassing the results of a special election held on Saturday, July 21, 2007, in the Law Enforcement District of the Parish of Franklin, State of Louisiana, to authorize the levy of a sales and use tax therein, and providing for other matters in connection therewith, (ii) adopting an ordinance levying a tax of one-half of one percent (1/2%) upon the sales at retail, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services and providing for other related matters and (iii) adopting a resolution approving the defeasance of all of the outstanding maturities of the Public Improvement Refunding Bonds, Series 2004.
2. To consider and transact any and all other business which may be properly brought before the Sheriff of the Parish of Franklin, as the ex officio Chief Executive Officer of the Law Enforcement District.
This will be any important meeting and all interested parties are urged to attend.
/s/ Steve E. Pylant
Sheriff and Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana.

Steve E. Pylant, Franklin Parish Sheriff and ex officio chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana, called the meeting of the District to order.
LAW ENFORCEMENT DISTRICT OF THE PARISH OF LOUISIANA, STATE OF LOUISIANA
RESOLUTION
A resolution providing for canvassing the returns and declaring the result of the special election held in the Law Enforcement District of the Parish of Franklin, State of Louisiana, on Saturday, July 21, 2007, to authorize the levy of a sale and use tax therein.
I, STEVE E. PYLANT, Sheriff of the Parish of Franklin, State of Louisiana (the "Sheriff"), acting as the governing authority of the Law Enforcement District of the Parish of Franklin, State of Louisiana (the "District"), hereby resolve that:
SECTION 1. Canvass. The Sheriff does now proceed in open and public session to examine the official tabulations of votes cast at the special election held by the District on SATURDAY, JULY 21, 2007, to authorize the levy of a sale and use tax therein, and does further proceed to examine and canvass the returns and declare the result of the special election.
SECTION 2. Proces Verbal. A Proces Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Franklin, who shall record the same in the Mortgage Records of said Parish; and another copy thereof shall be retained in the archives of the District.
SECTION 3. Promulgation of Election Result. The result of said election shall be promulgated by publication in the manner provided by law.
Thus done, adopted and signed on this, the 24th day of August, 2007.
/s/ Steve E. Pylant
Sheriff and Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana

PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD BY THE LAW ENFORCEMENT DISTRICT OF THE PARISH OF FRANKLIN, STATE OF LOUISIANA, ON SATURDAY, JULY 21, 2007.

BE IT KNOWN AND REMEMBERED that on Friday, August 24, 2007, at two o'clock (2:00) p.m., at his regular meeting place, the Sheriff's Office, 6556 Main Street, Winnsboro, Louisiana, the Hon. Steve E. Pylant (the "Sheriff"), the Sheriff of Franklin Parish and ex officio the Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana (the "District"), and being the authority ordering the special election held therein on Saturday, July 21, 2007, did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following proposition, to wit:
SALES TAX PROPOSITION
SUMMARY: 1/2% SALES AND USE TAX, 5 YEARS, TO PAY COSTS AND EXPENSES OF OPERATING THE FRANKLIN PARISH SHERIFF'S OFFICE, INCLUDING THE OPERATIONS OF THE FRANKLIN PARISH DETENTION CENTER, SAID TAX, UPON ITS EFFECTIVE DATE, TO REPLACE THE 1% SALES AND USE TAX PRESENTLY BEING LEVIED BY THE LAW ENFORCEMENT DISTRICT OF THE PARISH OF FRANKLIN?
Shall the Law Enforcement District of the Parish of Franklin, State of Louisiana (the "District"), be authorized to levy and collect a tax of one-half of one percent (1/2%) (the "Tax"), (an estimated $1,000.000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for a period of five (5) years from the date of the levy thereof, upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption, of tangible personal property and on sales of services in the District, all as defined by law, 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 to pay costs of operating the Franklin Parish Sheriff's Office, including the operation of the Franklin Parish Detention Center, said Tax, upon its effective date, to replace the District's 1% sales and use tax presently being levied pursuant to elections held on January 21, 1989 and March 10, 1992?
There was found by said count and canvass the following votes had been cast at the said special election IN FAVOR OF and AGAINST, respectively, the proposition as hereinabove set forth at the following polling places, to-wit:
POLLING PLACES VOTE TABULATION
Precinct Location FOR AGAINST
1 38 2
2 12 3
3 63 6
4 33 11
4A 4 0
4B 31 2
6 75 4
7 15 5
9 5 4
12 52 6
13 58 24
14 51 4
16 38 4
18 9 0
19 48 11
20 57 9
21 51 5
22 23 4
24 45 10
25 10 2
26 66 7
27 61 7
27A 2 0
28A 6 1
30 105 10
31 130 10
32 48 7
33 29 3
ABSENTEE 242 25
TOTALS 1,407 186 MAJORITY FOR 1,221
The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 1,407 votes cast IN FAVOR OF the Proposition and a total of 186 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 1,221 votes cast IN FAVOR OF the Proposition as hereinabove set forth.
Therefore, the Sheriff did declare and proclaim and does hereby declare and proclaim in open and public session that the Proposition as hereinabove set forth was duly CARRIED by a majority of the votes cast by the qualified electors voting at the said special election held in the District on Saturday, July 21, 2007.
THUS DONE AND SIGNED at Winnsboro, Louisiana, on this, the 24th day of August, 2007.
/s/ Steve E. Pylant
Sheriff and Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana
PROCLAMATION
I, the undersigned Sheriff of Franklin Parish and ex officio Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana (the "District"), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the District on Saturday, July 21, 2007, was CARRIED by a majority of the votes cast at the said special election, all as described and set out in the above Proces Verbal.
THUS DONE AND SIGNED at Winnsboro, Louisiana, on this the 24th day of August, 2007.
/s/ Steve E. Pylant
Sheriff and Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana.
9/5 1tb

LAW ENFORCEMENT DISTRICT OF THE PARISH OF FRANKLIN, STATE OF LOUISIANA

ORDINANCE
An ordinance providing for the levy within the Law Enforcement District of the Parish of Franklin, State of Louisiana, of a one-half of one percent (1/2%) 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 District and for the assessment, collection, payment thereof and the dedication of the proceeds of said Tax and the purpose for which the proceeds of the Tax may be expended, said Tax having been authorized at a special election held in the District on July 21, 2007.
WHEREAS, under the provisions of Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority and an election held on July 21, 2007, the Law Enforcement District of the Parish of Franklin, State of Louisiana (the "District"), acting through the Sheriff of the Parish of Franklin, as its governing authority (the "Governing Authority"), is authorized to levy and collect within the District, a one-half of one percent (1/2%) 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 defined in applicable statutory authority, pursuant to the following proposition which was approved at said election held on July 21, 2007:
SALES TAX PROPOSITION
SUMMARY: 1/2% SALES AND USE TAX, 5 YEARS, TO PAY COSTS AND EXPENSES OF OPERATING THE FRANKLIN PARISH SHERIFF'S OFFICE, INCLUDING THE OPERATIONS OF THE FRANKLIN PARISH DETENTION CENTER, SAID TAX, UPON ITS EFFECTIVE DATE, TO REPLACE THE 1% SALES AND USE TAX PRESENTLY BEING LEVIED BY THE LAW ENFORCEMENT DISTRICT OF THE PARISH OF FRANKLIN?
Shall the Law Enforcement District of the Parish of Franklin, State of Louisiana (the "District"), be authorized to levy and collect at tax of one-half of one percent (1/2%) (the "Tax"), (an estimated $1,000,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) for a period of five (5) years from the date of the levy thereof, upon the sale at retail, the use, the lease or rental, the consumption, and storage for use or consumption, of tangible personal property and on sales of services in the District, all as defined by law, 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 to pay costs of operating the Franklin Parish Sheriff's Office, including the operation of the Franklin Parish Detention Center, said Tax, upon its effective date, to replace the District's 1% sales and use tax presently being levied pursuant to elections held on January 21, 1989 and March 10, 1992?
WHEREAS, in compliance with the aforesaid constitutional and statutory authority and said special election of July 21, 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 ORDAINED by I, Steve E. Pylant, the Sheriff of the Parish of Franklin, State of Louisiana, and ex-officio Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana, acting as the Governing Authority of said District, that:
SECTION 1. Imposition. Pursuant to the authority of a special election held in the District on July 21, 2007, the 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 District 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 of Tax. The Tax is levied at the rate of one-half of one percent (1/2%) of the sales price of each item or article of tangible personal property when sold at retail in the District, the Tax to be computed on gross sales for the purpose of remitting the amount of tax due to the District, and to include each and every retail sale. The Tax is levied at the rate of one-half of one percent (1/2%) 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 District, provided there shall be no duplication of the Tax. The Tax is levied at the rate of one-half of one percent (1%) of the gross proceeds derived from the least 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 of one percent (1/2%) of the amount paid or charged for taxable services, as defined by law, performed in the District.
SECTION 3. Effective Date. The Tax shall be effective on January 1, 2008.
SECTION 4. Term. The Tax shall remain in effect for five (5) years (January 1, 2008 through December 31, 2010).
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 District on July 21, 2007, authorizing the Tax, 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 District's collector in the form of a deduction in submitting its 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 this 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 base of the Tax 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 on Unpaid Amount of Tax Due. As authorized by La. R.S. 47:337.69, the interest on unpaid amounts of the Tax which are due 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, Fraudulent or Grossly Incorrect Return. The penalty as authorized by La. R.S. 47:337.72 shall be fifty percent (50%) of the amount of the Tax found to be due.
SECTION 11. Negligence Penalty. The penalty as authorized by La. R.S. 47:337.73 shall be five percent (5%) of the unpaid amount of the Tax found to be due, or ten dollars ($10.00), whichever is greater.
SECTION 12. Penalty for Insufficient Funds Check. The penalty as authorized by 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 the ordinance is authorized to be collected by a "Collector" which term shall mean the Parish School Board of the Parish of Franklin, 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, Sheriff, acting as the Governing Authority, is authorized to enter into an agreement or agreements with the Vehicle Commissioner, Department of Public Safety and Corrections, for the collection of the Tax on such 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 provisions or provisions of this ordinance relating to the Tax shall be promptly deposited by the Collector for the account of the District in the 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 District; 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 July 21, 2007, authorizing the Tax, after all reasonable and necessary costs and expenses of collecting and administration of the Tax have been paid as provided for above, the remaining balance in 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. The District will cease to levy and collect the 1% sales and use tax which it is currently levying pursuant to elections held on January 21, 1989 and March 10, 1992, upon the effective date of the Tax (January 1, 2008).
SECTION 22. 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 provisions 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 23. Uniform Sales Tax Controlling. If any provision of this ordinance shall be in conflict with the provisions of the Uniform Local Sales Tax Code, the provisions of the Uniform Local Sales Tax Code shall be controlling.
SECTION 24. Effective Date of Ordinance. This ordinance shall be in full force and effective immediately upon its adoption, being an ordinance affecting the public peace, health and safety.
SECTION 25. 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.
THUS DONE AND SIGNED at Winnsboro, Louisiana, on this, the 24th day of August, 2007.
/s/ Steve E. Pylant
Sheriff and Chief Executive Officer of the Law Enforcement District of the Parish of Franklin, State of Louisiana.9/5 1tb
SHERIFF'S SALE

Progressive Bank
Vs. No.. 39,672
Ramona Thames, also known as Ramona Thames Nakunz
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 10th day of October A.D., 2007, within legal hours beginning at 10:00 a.m. the following described property, to-wit:
ONE ACRE LAND LYING IN THE SOUTH EAST 1/4 OF NORTH EAST 1/4 SEC. 28, TOWNSHIP 14N RANGE 9 EAST. DESCRIPTION: ONE ACRE OF LAND STARTING FROM THE CENTER OF ROAD AT THE SOUTH EAST CORNER OF 18 ACRE LOT OF LAND OWNED BY THOMAS SIMONS, RUNNING ALONG PROPERTY LINE WHERE IT BORDERS WITH 20 ACRES OWNED BY JANET LABORDE IN A NORTH DIRECTION 226 FT. TO STARTING POINT. THEN RUNNING WEST 200 FEET TO SOUTH WEST CORNER OF SAID ACRE, THEN NORTH 220 FEET TO NORTH WEST CORNER OF SAID ACRE. GOING EAST 200 FEET TO NORTH EAST CORNER OF SAID ACRE, AND BACK SOUTH 220 FEET TO POINT OF BEGINNING OF SAID ACRE.
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff's Office, Winnsboro, La.
9/5, 10/3 2tp

SHERIFF'S SALE

Winnsboro State Bank & Trust Company
Vs. No. 37,502
Gary Dixon and Rosie Dixon
State of Louisiana
Parish of Franklin
Fifth District Court

By virtue of a writ of FIERI FACIAS, 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 10th day of October A.D., 2007, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
GARY DIXON AND ROSIE DIXON, AND MORE PARTICULARLY:
A certain tract of land located in the Northwest Quarter of the Southeast Quarter (NW 1/4 of SE 1/4) of Section 35, Township 12 North, Range 7 East; Franklin Parish, Louisiana, more particularly described as beginning at the intersection of the South right-of-way of Louisiana State Highway No. 875 and the East boundary of the Northwest Quarter of the Southeast Quarter (NW 1/4 of SE 1/4) of said Section 35; thence northwesterly along said highway right-of-way 222 feet; thence south parallel to the east forty line 181 feet to a drain ditch; thence southeasterly along said drain 214 feet to the east forty line; thence north along said forty line 164 feet to the point of beginning, containing 1 acre, 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.
9/5, 10/3 2tp
NOTICE OF LOST NOTE

LOST MORTGAGE NOTE: Anyone knowing the whereabouts or having possession of one certain collateral mortgage note executed by Farrington Johnson dated August 20, 1999 in the sum of $400,000.00, together with interest at the rate of 12.0% per annum from date until paid, please contact William A. Fogleman, Attorney at Law, 4150 S. Sherwood Blvd., Suite 210, Baton Rouge, Louisiana 70816, Telephone: (225)293-0095 or (800)489-6446.
9/5, 9/12, 9/19 3tb

Search Our Site

Advertising

Local Weather