The Franklin Sun: Public Notices: Wednesday, December 3rd, 2008



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Public Notices: Wednesday, December 3rd, 2008

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

Public Notices Published Wednesday, December 3rd, 2008

CITY OF WINNSBORO
COUNCIL MEETING
NOVEMBER 17, 2008
6:00 PM - CALL TO ORDER
The Board of Aldermen of the City of Winnsboro, Louisiana, met in regular session on Monday, November 17, 2008, at 6:00 PM at the Winnsboro City Court, 1308 Cornell Street, Winnsboro, Louisiana, with Mayor Jack Hammons presiding.
Pledge led by Mayor Jack Hammons
Prayer led by John Dumas
Aldermen present: Richard Mahoney, John Dumas, Betty Johnson, Craig Gill, Rex McCarthy
Absent: None
Motion by Gill, second by Johnson to approve the minutes of the regular session held on October 20, 2008. Unanimously approved.
GARY ROBINSON – SERVITUDE:
Gary Robinson appeared before the Board requesting servitude on the City of Winnsboro right-of-way for two businesses locating on Highway 15.
Resolution No. 08-1104
BE IT RESOLVED by the Board of Aldermen of the City of Winnsboro, Louisiana, convened in regular session this 17th day of November, 2008, that the city does hereby grant the right-of-way (passage) from Highway 15 to the property of proposed Franklin Parish Farm Bureau, Inc., located on the Union Compress Property. Mayor Hammons is authorized to act on behalf of the City of Winnsboro, and he is to use his own discretion as to the terms and conditions contained therein.
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent: None
Roxy Fletcher, City Clerk
Jack Hammons, Mayor
Resolution No. 08-1105
BE IT RESOLVED by the Board of Aldermen of the City of Winnsboro, Louisiana, convened in regular session this 17th day of November, 2008, that the city does hereby grant the right-of-way (passage) from Highway 15 to the property of proposed Sporting Land, L.L.C., located on the Union Compress Property. Mayor Hammons is authorized to act on behalf of the City of Winnsboro, and he is to use his own discretion as to the terms and conditions contained therein.
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent: None
Roxy Fletcher, City Clerk
Jack Hammons, Mayor
INTRODUCE ORDINANCE – MEDIA 3:
Motion by Gill, second by Dumas to introduce an ordinance for a franchise agreement with Cable South Media III, LLC. This company is purchasing the cable television systems from Charter Communications. Unanimously approved.
INTRODUCE ORDINANCE – ZONING:
Motion by Dumas, second by McCarthy to introduce an ordinance to consider an amendment to the City of Winnsboro’s Zoning Ordinances to change the zoning of a lot owned by Northeast Louisiana Power Cooperative, Inc., located at 1604 Moore Street, known as the Ander’s property, from a R-1 zone to a B-3 zone. A public hearing will be held at 5:00 PM on Monday, December 15, 2008, at the Winnsboro City Court, 1308 Cornell Street, Winnsboro, Louisiana.
Yeas: Mahoney, Dumas, Johnson, McCarthy
Nays: Gill
Absent: None
RESOLUTION NO. 08-1101:
A RESOLUTION REQUIRING LICENSED CONTRACTORS TO HAVE GENERAL LIABILITY INSURANCE.
WHEREAS, the City of Winnsboro issues an annual license to contractors operating in the city limits; and
WHEREAS, in order to better protect the residents of the City of Winnsboro, it will be required that all contractors have general liability insurance.
NOW THEREFORE BE IT RESOLVED, by the Mayor and Board of Aldermen of the City of Winnsboro, Louisiana, that effective January 1, 2009, all licensed contractors, including building, electrical, plumbing and heating and air conditioning, will be required to have general liability insurance with a minimum coverage of $100,000.00 with a notice of cancellation to the City of Winnsboro.
AND BE IT FURTHER RESOLVED, if the insurance is cancelled, the contractor’s license will be suspended immediately.
Motion by Mahoney, second by Dumas, and unanimously approved this resolution is adopted this 17th day of November, 2008.
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent: None
Roxy Fletcher, City Clerk
Jack Hammons, Mayor
RESOLUTION NO. 08-1102:
The following resolution was offered by Craig Gill and seconded by John Dumas:
RESOLUTION
A resolution providing for canvassing the returns and declaring the result of the special election held in the City of Winnsboro, Parish of Franklin, State of Louisiana, on Tuesday, November 4, 2008, to dedicate the revenues derived from a special tax therein.
BE IT RESOLVED by the Mayor and City Council of the City of Winnsboro, Parish of Franklin, State of Louisiana (the “Governing Authority”) of the City of Winnsboro, Parish of Franklin, State of Louisiana (the “City “) 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 City on TUESDAY, NOVEMBER 4, 2008, to dedicate the revenues derived from a special 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. Procès Verbal. A Procès 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:
YEAS: Mahoney, Dumas, Johnson, Gill, McCarthy
NAYS: None
ABSENT: None
And the resolution was declared adopted on this the 17th day of November, 2008.
Roxy Fletcher, City Clerk
Jack Hammons, Mayor
RESOLUTION NO. 08-1103:
The following resolution was offered by Richard Mahoney and seconded by Rex McCarthy:
RESOLUTION
A resolution providing for canvassing the returns and declaring the result of the special election held in the City of Winnsboro, Parish of Franklin, State of Louisiana, on Tuesday, November 4, 2008, to dedicate the revenues derived from a special tax therein.
BE IT RESOLVED by the Mayor and City Council of the City of Winnsboro, Parish of Franklin, State of Louisiana (the “Governing Authority”) of the City of Winnsboro, Parish of Franklin, State of Louisiana (the “City “) 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 City on TUESDAY, NOVEMBER 4, 2008, to dedicate the revenues derived from a special 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. Procès Verbal. A Procès 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:
YEAS: Mahoney, Dumas, Johnson, Gill, McCarthy
NAYS: None
ABSENT: None
And the resolution was declared adopted on this the 17th day of November, 2008.
Roxy Fletcher, City Clerk
Jack Hammons, Mayor
INTRODUCTION OF ORDINANCE – 2% MOTEL TAX:
Motion by Mahoney, second by McCarthy and unanimously approved to introduce an ordinance imposing and levying a tax of two percent (2%) upon the rental or fee charged for the occupancy of hotel rooms, motel rooms within the City of Winnsboro, providing for the collection and enforcement of said tax; providing for the effective date of the tax; and otherwise providing with respect thereto and that a public hearing will be held on November 21, 2008, at 7:30 AM at the Winnsboro City Hall, 3814 Front Street, Winnsboro, Louisiana, to consider the adoption of said ordinance.
INTRODUCTION OF ORDINANCE – .5% SALES TAX:
Motion by Gill, second by Johnson and unanimously approved to introduce an ordinance providing for the levy within the City of Winnsboro, Parish of Franklin, State of Louisiana, effective January 1, 2009, 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 November 4, 2008 and that a public hearing will be held on November 21, 2008, at 7:30 AM at the Winnsboro City Hall, 3814 Front Street, Winnsboro, Louisiana, to consider the adoption of said ordinance.
CONDEMNED PROPERTY:
All property that was condemned has been demolished and each owner will be billed for the cost of demolition.
POLICE CHIEF MONTHLY REPORT:
Chief Lester Thomas gave a monthly activity report for the City of Winnsboro Police Department. Motion by Johnson, second by Mahoney to accept the report as given. Unanimously approved.
FIRE CHIEF MONTHLY REPORT:
Chief Truman Welch gave a monthly activity report for the City of Winnsboro Fire Department. Motion by Johnson, second by McCarthy to accept the report as given. Unanimously approved.
MONTHLY FINANCIAL REPORTS:
Motion by Dumas, second by Mahoney to accept the monthly financial reports. Unanimously approved.
ADJOURNMENT:
There being no more business to come before the board at this time, a motion was made by Gill, second by Johnson and unanimously approved that the meeting be adjourned.
Roxy Fletcher Jack Hammons
City Clerk Mayor
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CITY OF WINNSBORO
STATE OF LOUISIANA
PARISH OF FRANKLIN
The following Ordinance was introduced by Craig Gill, who moved for its adoption, and was seconded by John Dumas:
ORDINANCE NO. 927
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 January 1, 2009, 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 November 4, 2008.
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 November 4, 2008, the City of Winnsboro, Parish of Franklin, State of Louisiana (the “City”), acting through its 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 January 1, 2009, 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 November 4, 2008:
CITY OF WINNSBORO PROPOSITION
(.5% SALES TAX)
SUMMARY: AUTHORITY FOR THE CITY OF WINNSBORO, PARISH OF FRANKLIN, STATE OF LOUISIANA TO LEVY A .5% SALES AND USE TAX PROCEEDS OF WHICH WILL BE USED FOR SUCH LAWFUL PURPOSES AS DETERMINED BY THE GOVERNING AUTHORITY OF THE CITY.
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, beginning January 1, 2009, 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 such lawful purposes as determined by the Governing Authority of the City including without limitation, support of the General Fund of the City, and for further authority to fund a portion of the avails of the Tax into Bonds in the manner provided by law. 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 November 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 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 November 4, 2008, 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 of one 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 of one 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 of one 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 of one 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 January 1, 2009.
SECTION 4. Expiration Date. The tax has perpetual term.
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 November 4, 2008, which proposition is set forth in the preamble hereto.
SECTION 6. Vendorís 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 half of one percent (.5%) of the amount of Tax due and accounted for and remitted to the Cityís 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 (1º%) 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 half of one percent (.5%) 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, 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 November 4, 2008, 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 a Ordinance affecting the public peace, health and safety.
YEAS: Mahoney, Dumas, Gill, McCarthy
NAYS: None
ABSENT: Johnson
And the Ordinance was declared adopted on this the 21st day of November, 2008.
Jack Hammons, Mayor
Roxy Fletcher, Clerk
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