The Franklin Sun: Public Notices: Monday, October 20th, 2008



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Public Notices: Monday, October 20th, 2008

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

Public Notices Published Monday, October 20th, 2008

FRANKLIN PARISH FIRE DISTRICT #2
MEETING MINUTES
OCTOBER 14, 2008
I. Call to order
Jack Dailey called to order the regular meeting of the Franklin Parish Fire District #2 board of directors at 6:30 p.m. on October 14th 2008 in Fort Necessity.
II. Roll Call
John Woods conducted a roll call. The following persons were present: Gerald Gilmore, Johnny Trahern, with Mark Ingram being absent. Guest included Alan Dupuy and Joe Erwin.
III. Approval of minutes from last meeting
John Woods read the minutes from the last meeting. The minutes were approved as read.
IV. Open issues
a) John informed the board that Curtis Roller would be in the area within a couple of days to start the 2008 service fee work.
b) Alan Dupuy informed the board that Five Alarm Fire from Houma, La. had won the bid for 18 new SCBA’s. The bid price was $79,656 dollars. The money to purchase the SCBA’s was acquired through a FEMA grant.
V. New business;
a) Jack informed the board that he had received the resolution from Mr. Alan Ofner for the certificate of indebtedness of $86,024 for the purchase of a new fire truck.
b) A motion was made by Gerald Gilmore, seconded by John Woods to adopt the resolution for incurring the certificate of indebtedness in the amount of $86,024. Motion was approved.
c) Jack Dailey introduced Johnny Trahern as a new board member to replace Rick Roberts.
d) Discussion was held on ways to get more volunteers to join the fire department. Johnny stated that at the Turkey Creek end of the district there were only a couple of volunteers. Joe and John also said their stations at Fort Necessity and Liddieville were lacking enough volunteers. Alan Dupuy stated this was a growing problem for the whole parish.
e) Finance report was given by Gerald Gilmore. There was a lengthy discussion on the way the budget report was being handled. The new report does not have itemized expenditures for where the money is being spent. Everyone agreed that this is a problem that needs to be solved very quickly.
f) Chief’s report was given: There had been one house fire at Liddieville, and several grass fires through out the district.
VI. Adjournment
Jack Dailey adjourned the meeting at 7:30 p.m.
Minutes submitted by: John Woods
Minutes approved by: Jack Dailey
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The following resolution was offered by Gerald Gilmore and seconded by John Woods:
RESOLUTION
A resolution providing for the incurring of debt and issuance, sale and delivery of Eighty-Six Thousand Twenty-Four Dollars ($86,024) of Certificates of Indebtedness, Series 2008, of Franklin Parish Fire Protection District No. 2, State of Louisiana; prescribing the form, terms and conditions of said Certificates; designating the date, denomination, time and place of payment of said Certificates; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.
WHEREAS, the proposed Budget for Franklin Parish Fire Protection District No. 2, State of Louisiana (the “Issuer”), for the fiscal year ending December 31, 2008 shows an excess of revenues (including balances brought forward) over statutory, necessary and usual charges and all other expenses for such fiscal year in an amount sufficient to meet the maximum principal and interest requirements in any future year on the Certificates of Indebtedness hereinafter authorized, and this Board of Commissioners, acting as the governing authority of the Issuer, will herein obligate itself and its successors in office to budget and set aside annually adequate funds for the payment of said Certificates in principal and interest in future years; and
WHEREAS, Sections 2921 to 2925, inclusive, of Title 33 of the Louisiana Revised Statutes of 1950, as amended (R.S. 33:2921-2925) (the “Act”), authorize the Issuer to make and enter into contracts dedicating the excess of annual revenues of subsequent years above statutory, necessary and usual charges to the payment of the cost of public improvements and other obligations which are to be borne by the Issuer under such contracts, provided all such dedications do not exceed the estimated excess of revenue above statutory, necessary and usual charges for the year in which such contract is made; and
WHEREAS, the Issuer now desires to incur debt and issue Eighty-Six Thousand Twenty-Four Dollars ($86,024) of its Certificates of Indebtedness, Series 2008, in the manner authorized and provided by the Act as hereinafter provided; and
WHEREAS, the Issuer is not now a party to any contract pledging or dedicating its excess annual revenues above statutory, necessary and usual charges; except for its outstanding Certificates of Indebtedness, Series 2007, issued pursuant to a resolution adopted on February 13, 2007, in the original principal amount of $100,000, of which $91,000 is outstanding, final maturity March 1, 2016.
WHEREAS, Consolidated Farmers Home Administration Act of 1961 provides that the Government (hereinafter defined) may make loans to political subdivisions when such subdivisions are unable to obtain other credit to meet their needs within acceptable rates and terms; and
WHEREAS, the Issuer is not able to sell Certificates in the private market at acceptable rates and terms and now desires to exercise its option to sell the Certificates to the Government and to issue said Certificates pursuant to the terms of a loan agreement entered into by and between the Issuer and the Government, and to represent said indebtedness, to issue the Certificates as hereafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Franklin Parish Fire Protection District No. 2, State of Louisiana, acting as the governing authority thereof, that:
SECTION 1. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
“Certificate” or “Certificates” means the Certificates of Indebtedness, Series 2008, of the Issuer, authorized by this Resolution, in the total principal amount of Eight-Six Thousand Twenty-Four Dollars ($86,024).
“Certificate Register” has the meaning stated in Section 4 of this Resolution.
“Executive Officers” means, collectively, the Chairman and the Secretary of the Board of Commissioners of Franklin Parish Fire Protection District No. 2, State of Louisiana.
“Governing Authority” means the Board of Commissioners of Franklin Parish Fire Protection District No. 2, State of Louisiana.
“Government” means the United States of America, acting through Rural Development, or any successor entity or entities thereto.
“Issuer” means Franklin Parish Fire Protection District No. 2, State of Louisiana.
“Owner” when used with respect to the Certificate means the person in whose name the Certificate is registered in the Certificate Register.
“Prior Lien Certificate” means the Issuer’s outstanding Certificates of Indebtedness, Series 2007, more fully described in the preamble hereto.
“Purchaser” means the United States of America, acting through Rural Development.
“Resolution” means this resolution authorizing the issuance of the Certificates, as the same may hereafter be amended or supplemented.
SECTION 2. In compliance with the terms and provisions of the Act and other constitutional and statutory authority and subject to the approval of the Louisiana State Bond Commission and the Police Jury of the Parish of Franklin, there is hereby authorized the incurring of an indebtedness of Eight-Six Thousand Twenty-Four Dollars ($86,024) for, on behalf of, and in the name of the Issuer, for the purpose of acquiring and purchasing a fire pumper truck and fire fighting equipment for the Issuer and to pay the costs of issuance of the Certificates; and to represent said indebtedness, this Governing Authority does hereby authorize the issuance of Eight-Six Thousand Twenty-Four Dollars ($86,024) of Certificates of Indebtedness, Series 2008, of the Issuer. The Certificates shall be in fully registered form, shall be dated the date of delivery thereof and shall be issued in the form of a single, fully registered Certificate in the denomination of $86,024 and numbered R-1. The unpaid principal of the Certificate shall bear interest from the date thereof or from the most recent interest payment date to which interest has been paid at the rate of four and five-eights per centum (4-5/8%) per annum (or with the consent of the Government, such lower rate of interest which the Government may have in effect for such loans at the time of the delivery of the Certificate). The principal and interest of the Certificate shall be payable in annual payments over a period of ten (10) years with the first payment falling due on the first anniversary date of the Certificate being for interest only and thereafter, commencing on the second anniversary date and continuing on each anniversary date thereafter, the payments shall consist of annual amortized payments of principal and interest.
Installments of principal and interest on the Certificate, whether paid at maturity, by prepayment or otherwise, are payable in lawful money of the United States of America, by check or draft mailed or delivered to the Owner at the address appearing on the Certificate Register to be maintained by the Secretary of the Issuer, as registrar for the Certificate (the “Registrar”) or at such other address as is furnished in writing by such Owner to the Registrar; provided, however, that payment of the final installment of principal and interest thereon shall be made only upon presentation and surrender of the Certificate to the Registrar.
No Certificate shall be entitled to any right or benefit under this Resolution or be valid or obligatory for any purpose, unless there appears on the Certificate a certificate of registration, substantially in the form provided in this Resolution, executed by the Registrar by manual signature.
SECTION 3. Installments of principal of the Certificate are subject to optional prepayment by the Issuer at any time in whole or in part, and if in part, in the inverse order of maturity, at the principal amount of the installment to be prepaid, plus accrued interest from the most recent interest payment date on which interest has been paid or duly provided for, to the date fixed for prepayment. Interest on the amount of principal so prepaid shall cease from the date of prepayment.
SECTION 4. The Issuer shall cause to be kept by the Registrar a register (the “Certificate Register”) in which registration of the Certificate and transfers thereof shall be made as provided herein. The Certificate may be transferred, registered and assigned only on the Certificate Register, and such registration shall be at the expense of the Issuer. No transfer shall be valid unless made in the Certificate Register and similarly noted on the back of the Certificate.
SECTION 5. The Certificate and the endorsements to appear thereon shall be in forms acceptable to the Issuer and the Government.
SECTION 6. The Certificate shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer which signatures and corporate seal may be either manual or facsimile.
SECTION 7. The Certificate shall be secured by and payable solely from a pledge and dedication of the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Certificate is outstanding, subject to the payment of the principal and interest as the same fall due on the Prior Lien Certificates. There is hereby irrevocably pledged and dedicated to the payment of the Certificate an amount of such excess of annual revenues sufficient to pay same in principal and interest as they respectively mature. Until the Certificate has been paid in full in principal and interest, this Governing Authority does hereby obligate the Issuer, itself and its successors in office, to budget annually a sum of money sufficient to pay the Certificate and the interest thereon as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to levy and collect in each year a tax and a parcel fee and to collect other revenues within the limits prescribed by law, sufficient to pay the principal of and interest on the Certificate after payment in such years of all the said statutory, necessary and usual charges of the Issuer for the then current year and the payment of the principal and interest as the same fall due on the Prior Lien Certificates, and no further or additional pledges or dedications of the aforesaid excess of annual revenues shall be made which shall have priority over or parity with the pledge and dedication of such revenues herein made except pari passu obligation under the terms and conditions set forth in Section 8 of this Resolution.
For the payment of the principal of and the interest on the Certificate, there is hereby created a special fund to be known as “Franklin Parish Fire Protection District No. 2, State of Louisiana, Certificates of Indebtedness, Series 2008, Sinking Fund”, said Sinking Fund to be established with the regularly designated fiscal agent bank of the Issuer. The Issuer shall deposit in said Sinking Fund monthly in advance on or before the 20th day of the month prior to the payment falling due on the Certificate, a sum equal to the principal and/or interest falling due on the next payment date, together with such additional proportionate sum as may be required to pay said principal and interest as the same fall due. Said fiscal agent bank shall make available from said Sinking Fund to the owner of the Certificate at least one (1) day in advance of the date on which each payment of principal and interest falls due, funds fully sufficient to pay promptly the principal and interest falling due on such date.
It is understood and agreed, however, and this provision shall be a part of this contract, that as long as the fiscal year budget projects sufficient revenues to make the remaining monthly payments into the Sinking Fund for such fiscal year, then any excess of annual revenues remaining for that fiscal year shall be free for expenditure by the Issuer for any other lawful corporate purpose.
In addition, there is hereby created a special fund to be known as the “Certificates of Indebtedness, Series 2008, Reserve Fund”, said Reserve Fund to be established and maintained with the regularly designated fiscal agent of the Issuer. The Issuer shall transfer on or before the 20th day of the month in which the Sinking Fund payment is to be made, a sum equal to ten percent (10%) of the amount to be paid into the Sinking Fund (rounded up to the nearest dollar) until such time there has been accumulated in the Reserve Fund a sum equal to the lesser of 10% of the principal amount of the Certificates ($8,602.40) or the principal and interest falling due on the Certificates in any succeeding fiscal year (the “Reserve Fund Requirement”), the money in said Reserve Fund to be retained solely for the purpose of paying the principal and interest on certificates of indebtedness payable from the Sinking Fund as to which there would otherwise be default.
All moneys deposited with the regularly designated fiscal agent bank of the Issuer under the terms of this Resolution shall constitute sacred funds for the benefit of the Owner and shall be secured by said fiduciary at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund and the Reserve Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added to the General Fund of the Issuer.
SECTION 8. The Issuer shall issue no other certificates of indebtedness or any other debt obligations of any kind or nature payable from or enjoying a lien on the excess of annual revenues having priority over a parity with the Certificates, except that additional debt obligations may hereafter be issued on a parity with the Certificates under the following conditions:
(1) Additional debt obligations may be issued on and enjoy a full and complete parity with the Certificates with respect to the excess of annual revenues, provided that the anticipated excess of annual revenues in the year in which the additional debt obligations are to be issued; as reflected in the budget adopted by this Governing Authority, must at least equal the combined principal and interest requirements for any calendar year on the Prior Lien Certificates, the Certificates and any additional debt obligations, including the proposed debt obligations.
(2) Junior and subordinate other debt obligations may be issued without restriction.
(3) The Issuer must be in full compliance with all covenants and undertakings in connection with the Certificates and there must be no delinquencies in payments required to be made in connection therewith.
(4) Compliance with the requirements of clauses (1), (2) and (3) of this Section shall be evidenced by a certificate of the Secretary of the Governing Authority at the time of the issuance of such additional parity obligations.
SECTION 9. Until the Certificate has been paid in full in principal and interest, this Governing Authority shall prepare and adopt a budget at the beginning of each fiscal year and furnish a copy of such budget within thirty (30) days after its adoption to the Registrar and the Owner if so requested.
SECTION 10. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out the provisions of this Resolution, to cause the necessary Certificate to be printed or lithographed, to issue, execute, sign and seal the Certificate, and to effect delivery thereof as hereinafter provided. All of the proceeds derived from the sale of the Certificate shall be deposited by the Issuer with a bank duly organized and doing business under the laws of the United States of America or the State of Louisiana to be expended only for the purposes for which the Certificate is issued.
SECTION 11. The Certificate shall constitute a legal, binding and valid obligation of the Issuer and shall be the only representation of the indebtedness herein authorized and created.
SECTION 12. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor in law, and the Owner from time to time of the Certificate, and the provisions of such contract shall be enforceable by appropriate proceedings to be taken by such Owner, either at law or in equity. No material modification or amendment of this Resolution, or any resolution or enactment amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owner.
SECTION 13. The Issuer and any agent of either of them may treat the Owner in whose name the Certificate is registered as the Owner thereof for the purpose of receiving payment of the principal of and interest on the Certificate and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer nor any agent of either of them shall be affected by notice to the contrary.
SECTION 14. The Certificate, when surrendered for payment, shall be promptly canceled by the Issuer.
SECTION 15. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the Certificate under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Certificate or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Certificate to be an “arbitrage bond” or would result in the inclusion of the interest on the Certificate in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Certificate proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Certificate in a manner which would cause the Certificate to be a “private activity bond”.
The Certificate is designated as a “qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Certificate is not a “private activity bond” within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in either calendar year 2008 or 2009 will not exceed $10,000,000.
The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 16. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.
SECTION 17. Application is hereby made to the Louisiana State Bond Commission and the Police Jury of the Parish of Franklin for their consent and authority to issue the Certificate, and a certified copy of the Resolution shall be forwarded to both.
SECTION 18. This Governing Authority finds and determines that a real necessity exists for the employment of special bond counsel in connection with the issuance of the Certificate, and, accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, is hereby employed as special bond counsel to do and perform comprehensive legal and coordinate professional work with respect to the issuance and sale of the Certificates. The fee of said bond counsel will be in accordance with the Attorney General’s Guidelines for Fees and Services for Bond Attorneys in the issuance of revenue bonds based on the principal amount of the Certificate actually sold, issued and delivered, plus out of pocket expenses incurred in connection with the issuance of the Certificate, and shall be contingent upon the delivery of the Certificate.
SECTION 19. Prior to the issuance of the Certificate, the Issuer intends to expend moneys from other available funds for the purpose for which the Certificates are being issued. Any such allocation of the proceeds of the Certificate or any interim debt obligations for reimbursement will be with respect to capital expenditures [as defined in Treasury Regulation 1.150-1(b)] and will be made upon the delivery of the Certificate and not later than eighteen (18) months after the date of (i) the date such expenditure was made or (ii) the date the improvements were placed in service. This resolution is intended to be a declaration of intent to reimburse in accordance with the provisions of Treasury Regulation 1.150-2.
SECTION 20. By virtue of Issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commissio’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
SECTION 21. It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c-2-12(b) of the Securities and Exchange Commission [17CFR’240.15c2-12(b)], because, among other reasons, the aggregate principal amount of the Certificate is less than $1,000,000.
SECTION 22. This Resolution shall become effective immediately upon its adoption.
This resolution having been submitted to a vote, the vote thereon was as follows:
Member Yea Nay Absent Abstaining Jack Dailey X
John Woods X
Gerald Gilmore X
Johnny Trahern X
Mark Ingram X
And the resolution was declared adopted on this, the 14th day of October, 2008.
/s/ John Woods /s/ Jack Dailey
Secretary Chairman
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Franklin Parish Police Jury
Special Meeting
September 9, 2008 @ 6:00 P.M.
The Franklin Parish Police Jury met in Special Session on this 9th day of September, 2008 at 6:00 P.M. in the Police Jury Meeting room, Courthouse Building, Winnsboro, Louisiana with the following members present: Honorable Harvey Guimbellot, Jackie Johnson, Leroy Scott, and K.W. “Buddy” Parks.
Jurors Ray Young and Troy Hendry were absent from the meeting.
Leroy Scott led the group in Prayer and the Pledge.
Motion by Parks and seconded by Hendry to approve the agenda. Unanimously approved
Because of an over flow crowd, the meeting was moved upstairs to the Courtroom. A very highly emotional crowd of Franklin Parish residents voiced their concerns about recent Hurricane and drainage problems. Approximately 800 plus homes were affected by the flooding.
Jury President said one of the main concerns of the Jury was trying to help the elderly and handicapped. The President, Treasurer and other road barn employees were at the barn getting sand bags ready before the storm hit. Poly pipe was also given out.
There was discussion from the audience. Juror Parks suggested buying a machine that would fill up the sand bags. Juror Johnson suggested to residents to check into the state’s home buy out program. Juror Scott suggested also that residents should be aware of ground elevation during and before construction.
FEMA crews were out in the Parish that same day making damage assessments. Superintendent sent paperwork in the FEMA to declare the Parish as a disaster area.
Representative Ellington and Mayor Hammonds were also present at this meeting.
Superintendent said that the parish had 250 roads, 6 bridges, and 10 culverts affected by Hurricane Gustav.
There being no further business to discuss, on a motion by Parks and seconded by Johnson the meeting was unanimously approved adjourned.
/s/Johnnie Wesley, Parish Secretary
/s/Harvey Guimbellot, Parish President
Franklin Parish Police Jury
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