The Franklin Sun: Public Notices: Friday, October 10th, 2008



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Public Notices: Friday, October 10th, 2008

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

Public Notices Published Friday, October 10th, 2008

The following resolution was offered by Parks and seconded by Young:
RESOLUTION
A resolution providing for canvassing the returns and declaring the result of the special election held in the Parish of Franklin, State of Louisiana, on Saturday, October 4, 2008, to authorize the levy of a sales and use tax therein.
BE IT RESOLVED by the Police Jury of the Parish of Franklin, State of Louisiana (the “Governing Authority”), acting as the governing authority of the Parish of Franklin, State of Louisiana, that:
SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held in the Parish of Franklin, State of Louisiana, on SATURDAY, OCTOBER 4, 2008, to authorize the levy of a sales and use tax therein, and said Governing Authority 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 this Governing Authority.
SECTION 3. Promulgation of Election Result. The result of said election shall be promulgated by publication in the manner provided by law.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Ricky Campbell X
Buddy Parks X
Ray Young X
Troy Hendry X
LeRoy Scott X
Harvey Guimbellot X
Jackie Johnson X
And the resolution was declared adopted on this, the 9th day of October, 2008.
/s/ Johnnie Wesley /s/ Harvey Guimbellot
Secretary President
PROCES VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN THE PARISH OF FRANKLIN, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 4, 2008.
BE IT KNOWN AND REMEMBERED that on Thursday, October 9, 2008, at six o’clock (6:00) p.m., at its regular meeting place, the Police Jury Room of the Franklin Parish Courthouse, Winnsboro, Louisiana, the Police Jury of the Parish of Franklin, State of Louisiana (the “Governing Authority”), acting as the governing authority of the Parish of Franklin, State of Louisiana (the “Parish”), and being the authority ordering the special election held therein on Saturday, October 4, 2008, with the following members present:
Ricky Campbell, Buddy Parks, Ray Young, Troy Hendry, LeRoy Scott, Harvey Guimbellot and Jackie Johnson;
There being absent: None;
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:
PROPOSITION
(SALES AND USE TAX CONTINUATION)
SUMMARY: 5 YEAR, 1/2% SALES AND USE TAX CONTINUATION FOR SOLID WASTE COLLECTION AND DISPOSAL.
Shall the Parish of Franklin, State of Louisiana (the “Parish”), 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 continue to levy and collect, a tax of one-half of one percent (1/2%) (the “Tax”) (an estimated $1,050,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) 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 Parish, all as defined by law, for an additional period of five (5) years from and after December 1, 2008, with the proceeds of the Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax), to be dedicated and used for the purpose of solid waste collection and disposal?
There was found by said count and canvass that 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 Ft. Necessity High School, 10630 Hwy. 562, Ft. Necessity 27 7
2 Jigger Apostolic Hall, 7197 Hwy. 128, Jigger 14 5
3 Brakers Store, 6385 Hwy. 562, Wisner 50 10
4 Wisner Town Hall, 9530 Natchez St., Wisner 24 9
4A Gilbert Community Center, 157 Hanna St., Gilbert 5 1
4B Wisner Town Hall, 9530 Natchez St., Wisner 33 4
6 Gilbert Community Center, 157 Hanna St., Gilbert 54 9
7 Gilbert Community Center, 157 Hanna St., Gilbert 9 1
9 Gilbert Community Center, 157 Hanna St., Gilbert 4 1
12 Winnsboro High School, 1600 Glover St.,Winnsboro 37 8
(Now Franklin Parish High School)
13 New Hope Masonic Lodge, 2195 Hwy. 135, Winnsboro 31 36
14 Woodman of the World, 261 Taylor Ave., Winnsboro 25 21
16 W’sboro Housing Authority, 1702 Hatfield St., W’sboro 27 4
18 Winnsboro Jr. High School, 5915 Hwy. 4, Winnsboro 2 0
19 Ward III School, 2051 Hwy. 578, Winnsboro 13 5
20 Winnsboro Jr. High School, 5915 Hwy. 4, Winnsboro 24 6
21 Ward III School, 2051 Hwy. 578, Winnsboro 35 10
22 Winnsboro Jr. High School, 5915 Hwy. 4, Winnsboro 14 6
24 W’sboro Lower Elem. School, 1310 Warren St,W’sboro 32 4
25 Woodman of World Hall, 261 Taylor Ave., Winnsboro 6 8
26 VFW Hall, 2108 Loop Road, Winnsboro 27 20
27 Franklin Parish Courthouse, 6560 Main St., Winnsboro 30 12
27A Franklin Parish Courthouse, 6560 Main St., Winnsboro 0 0
28A Franklin Parish Courthouse, 6560 Main St., Winnsboro 2 0
30 Baskin Community Center, 1860 Hwy. 857, Baskin 69 16
31 Gulledge-Richardson Com. Ctr., 157 Football Field, Crowville
66 14
32 North Central Fire Station, 1772 Hwy. 859, Delhi 50 10
33 Friendship Fire Station, 4918 Hwy. 132, Baskin 45 7
ABSENTEE 220 29
TOTALS 975 263
MAJORITY FOR 712
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 975 votes cast IN FAVOR OF the Proposition and a total of 263 votes cast AGAINST the Proposition, as hereinabove set forth, and that there was a majority of 712 votes cast IN FAVOR OF the Proposition as hereinabove set forth.
Therefore, the Governing Authority 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 Parish on Saturday, October 4, 2008.
THUS DONE AND SIGNED at Winnsboro, Louisiana, on this, the 9th day of October, 2008.
ATTEST: /s/ Harvey Guimbellot President
/s/ Johnnie Wesley
Secretary
PROCLAMATION
I, the undersigned President of the Police Jury of the Parish of Franklin, State of Louisiana, the governing authority of the Parish of Franklin, State of Louisiana (the “Parish”), do hereby declare, proclaim and announce that the proposition submitted at the special election held in the Parish on Saturday, October 4, 2008, 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 9th day of October, 2008.
/s/ Harvey Guimbellot
President
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The following ordinance was offered for adoption by Campbell and seconded Johnson:
ORDINANCE
An ordinance providing for the continued levy within 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 Parish 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 Parish on October 4, 2008.
WHEREAS, under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority and an election held on October 4, 2008, the Parish of Franklin, State of Louisiana (the “Parish”), acting through the Police Jury of the Parish of Franklin, State of Louisiana, as its governing authority (the “Governing Authority”), is authorized to continue to levy and collect within the Parish, 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 October 4, 2008:
PROPOSITION
(SALES AND USE TAX CONTINUATION)
SUMMARY: 5 YEAR, 1/2% SALES AND USE TAX CONTINUATION FOR SOLID WASTE COLLECTION AND DISPOSAL.
Shall the Parish of Franklin, State of Louisiana (the “Parish”), 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 continue to levy and collect, a tax of one-half of one percent (1/2%) (the “Tax”) (an estimated $1,050,000 reasonably expected at this time to be collected from the levy of the tax for an entire year) 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 Parish, all as defined by law, for an additional period of five (5) years from and after December 1, 2008, with the proceeds of the Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax), to be dedicated and used for the purpose of solid waste collection and disposal?
WHEREAS, in compliance with the aforesaid constitutional and statutory authority and said special election of October 4, 2008, 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 the Police Jury of the Parish of Franklin, State of Louisiana, acting as the governing authority of the Parish of Franklin, State of Louisiana, thereof, that:
SECTION 1. Imposition. Pursuant to the authority of a special election held in the Parish on October 4, 2008, 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 Parish of Franklin, State of Louisiana, 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 Parish, the Tax to be computed on gross sales for the purpose of remitting the amount of tax due to the Parish, 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 Parish, provided there shall be no duplication of the Tax. The Tax is levied at the rate of one-half of one percent (1/2%) 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 of one percent (1/2%) of the amount paid or charged for taxable services, as defined by law, performed in the Parish.
SECTION 3. Effective Date. The Tax shall be effective on December 1, 2008.
SECTION 4. Term. The Tax shall remain in effect for five (5) years (December 1, 2008 through November 31, 2013).
SECTION 5. Purposes. The proceeds of the Tax, as heretofore and hereafter collected, shall be used for the purposes set forth in the proposition approved by the voters in the special election held in the Parish on October 4, 2008, authorizing the Tax, which proposition is set forth in the preamble hereto (said Tax being heretofore authorized to be levied pursuant to an election held on October 4, 2008).
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 Parish’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 this ordinance is authorized to be collected by a “Collector” which term shall mean the Franklin Parish School Board.
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, acting through its President and on behalf of this 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 provision or provisions of this ordinance relating to the Tax shall be promptly deposited by the Collector for the account of the Parish in the special fund heretofore established and maintained for the deposit of such proceeds, which fund is a separate bank account established and maintained with the regularly designated fiscal agent of the Parish; 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 October 4, 2008, 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. 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. 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 23. Effective Date of Ordinance. This ordinance shall be in full force and effect immediately upon its adoption, being an ordinance affecting the public peace, health and safety.
SECTION 24. 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.
The final adoption of the foregoing ordinance having been duly moved and seconded, the roll was called and the following vote was taken and recorded:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Ricky Campbell X
Buddy Parks X
Ray Young X
Troy Hendry X
LeRoy Scott X
Harvey Guimbellot X
Jackie Johnson X
And the ordinance was declared adopted on this, the 9th day of October, 2008.
/s/ Johnnie Wesley /s/ Harvey Guimbellot Secretary President
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COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS
October 15, 2008
City of Winnsboro
P. O. Box 250
Winnsboro, LA 71295
318-435-9087
This Notice shall satisfy the above-cited two separate but related procedural notification requirements.
REQUEST FOR RELEASE OF FUNDS
On or about November 3, 2008 the City of Winnsboro will submit a request to the Louisiana Division of Administration for the release of Louisiana Community Development Block Grant Funds under Title 1 of the Housing and Community Development Act of 1974, as amended, to undertake a project known as FY 2008 LCDBG Public Facilities Project, for the purpose of Street Improvements.
FINDING OF NO SIGNIFICANT IMPACT
The City of Winnsboro has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the City Hall, Winnsboro, Louisiana and may be examined or copied weekdays (8:30) A.M. to (4:00) P.M.
PUBLIC COMMENTS
Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Mayor of Winnsboro. All comments received by October 30, 2008 will be considered by the City of Winnsboro prior to authorizing submission of a request for release of funds. Commentors should specify which part of this Notice they are addressing.
RELEASE OF FUNDS
The City of Winnsboro certifies to Division of Administration that Jack Hammons in his capacity as Mayor consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. The Division of Administration approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Winnsboro to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
The Division of Administration will consider objections to its release of funds and the City of Winnsboro’s certification received by November 18, 2008 or a period of fifteen days from its receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer or other officer of the City of Winnsboro approved by the Division of Administration; (b) the (RE) has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by the Division of Administration; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to the Division of Administration at P.O. Box 94095, Baton Rouge, La. 70804-9094. Potential objectors should contact the Division of Administration to verify the actual last day of the objection period.
Jack Hammons, Mayor, City of Winnsboro
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FRANKLIN PARISH POLICE JURY
NOTICE OF PUBLIC HEARING
The Franklin Parish Police Jury will hold a Public Hearing during their regular meeting scheduled for Thursday, November 13, 2008 at 6:00 P.M. in the Police Jury Meeting Room, Courthouse Building, Winnsboro, Louisiana for the following purpose:
Change Powers Lane from Public road to Private road.
The public is invited to attend should you have any protests and/or comments concerning this matter.
Johnnie Wesley, Parish Secretary
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