The Franklin Sun: Public Notices: Wednesday, August 12th, 2009



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Public Notices: Wednesday, August 12th, 2009

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

Public Notices Published Wednesday, August 12th, 2009

CITY OF WINNSBORO
COUNCIL MEETING
JULY 20, 2009
6:00 PM - CALL TO ORDER
The Board of Aldermen of the City of Winnsboro, Louisiana, met in regular session on Monday, July 20, 2009 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 June 15, 2009. Unanimously approved.
RESOLUTION NO. 09-0701:
A RESOLUTION AMENDING THE GENERAL FUND OPERATING AND SPECIAL REVENUE FUND BUDGET FOR THE CITY OF WINNSBORO FOR FISCAL YEAR ENDING JUNE 30, 2009.
BE IT RESOLVED, by the Board of Aldermen of the City of Winnsboro, Louisiana, convened in regular session on July 20, 2009, that they hereby amend the General Fund operating budget and the Special Revenue Fund budget as attached.
On a motion by Gill, second by McCarthy the above resolution was adopted this 20th day of July, 2009, by the following vote:
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent:None
Roxy Fletcher Jack Hammons
City Clerk Mayor
LCDBG PUBLIC HEARING:
Danny Magee with Frye-Magee & Associates appeared to hold a public hearing for the 2010/2011 LCDBG application.
RESOLUTION 09-0702:
A RESOLUTION COMMITTING THE CITY OF WINNSBORO TO PAY $35,000.00 FOR ADMINISTRATIVE SERVICES FOR THE 2010/2011 COMMUNITY DEVELOPMENT BLOCK GRANT (LCDBG) PROJECT.
WHEREAS, the City of Winnsboro has decided to submit a 2010-2011 LCDBG public facilities application.
WHEREAS, the City of Winnsboro intends to utilize local funds (in order to gain one additional points) to pay for administrative costs up to and including pre-agreement costs, administrative consultant fees, and any other administrative costs incurred by the local governing body associated with the 2010-2011 application; and
WHEREAS, the City of Winnsboro has agreed for Frye/Magee LLC, to perform all administrative consulting services associated with the application which includes developing the grant application at no cost to the City of Winnsboro and then performing all administrative consulting duties following Grant award at a cost not to exceed $35,000.00;
NOW, THEREFORE, BE IT RESOLVED, by the City of Winnsboro, State of Louisiana, in regular session duly convened on this 17th day of August, 2009, that the City of Winnsboro does hereby commit up to $35,000.00 services to enter into an agreement with Frye/Magee LLC, to develop the application and to perform administrative consulting services for the fee of $35,000.00, with the understanding that the local funds will not be used unless the grant application is awarded.
Said Resolution having been read and considered by a quorum of the City of Winnsboro, on motion by McCarthy, seconded by Dumas, to adopt the Resolution, a record vote was taken and the following result was had:
Yea: Mahoney, Dumas, Johnson, Gill, McCarthy
Nay: None
Absent: None
RESOLUTION NO. 09-0703:
A RESOLUTION COMMITTING THE CITY OF WINNSBORO TO PAY FOR ENGINEERING SERVICES FOR THE 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (LCDBG) PROJECT.
WHEREAS, the City intends to utilize local funds (in order to gain an additional point) to pay for engineering costs up to and including surveying, testing, (if any), design, and developing the application cost estimate, project description and any other necessary engineering costs which will be incurred by the local governing body associated with the 2010-2011 application; and,
WHEREAS, the City has decided to use the services of Meyer, Meyer, LaCroix and Hixson, to perform application and design engineering services.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Aldermen of the CITY OF WINNSBORO, State of Louisiana, in regular session duly convened on this 17th day of August, 2009, that they hereby authorized the CITY OF WINNSBORO to commit for all engineering services to enter into an agreement with Meyer, Meyer, LaCroix and Hixson, for the 2010-2011 LCDBG application.
Said Resolution having been read and considered by a quorum of the Board of Aldermen, on motion by Johnson, seconded by Mahoney, to adopt the Resolution, a record vote was taken and the following result was had:
Yea: Mahoney, Dumas, Johnson, Gill, McCarthy
Nay: None
Absent: None
GLENN TURNER:
Glenn Turner with Meyer, Meyer, LaCroix and Hixson presented the Mayor and Board with and update on the following projects:
Community Center and Parking Lot
Havard Street Sidewalks
Street Project
Sewer Rehab – Phase 1
RESOLUTION NO. 09-0704:
WHEREAS the City of Winnsboro is in need of rehabilitating portions of its sanitary sewer collection and treatment facilities and;
WHEREAS loans and/or grants for this project may be available through the State Revolving Fund loan program operated by the Louisiana Department of Environmental Quality:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Winnsboro that:
Section 1. Mayor Jack Hammons is hereby authorized to submit an application for funding to the Department of Environmental Quality on behalf of the City of Winnsboro through the State Revolving Fund loan program in the amount of $4,100,000; and,
Section 2. Mayor Jack Hammons is further authorized to furnish such additional information as may reasonably be requested in connection with the application; and,
Section 3. Mayor Jack Hammons is hereby designated as the Official Project Representative for the City of Winnsboro for any project that may result from the submission of the application.
Section 4. This funding application will be in addition to the $1,000,000 in principal forgiveness that the City of Winnsboro has already been approved to receive through the State Revolving Fund loan program.
Section 5. That the Engineer for the project is designated to be Meyer, Meyer, LaCroix & Hixson Inc.
A MOTION TO ADOPT the above resolution was made by Mahoney, seconded by Dumas and resulted in the following vote:
Yeas: Mahoney, Dumas, Johnson, Gill, McCarthy
Nays: None
Absent: None
INTRODUCTION OF ORDINANCE:
An ordinance authorizing the incurring of debt and issuance of a Sewer Revenue Bond, Series 2009 in an amount not to exceed $1,000,000, by the City of Winnsboro, State of Louisiana; making application to the State Bond Commission for approval of said bonds; employing bond counsel, and providing for other matters in connection therewith.
Motion by Mahoney, seconded by Johnson and unanimously approved to introduce Ordinance No. 932.
RESOLUTION NO. 09-0705:
The following resolution was offered by Dumas and seconded by Mahoney:
A resolution giving preliminary approval to the incurring of debt and issuance of a Sewer Revenue Bond, Series 2009 in an amount not to exceed $1,000,000, by the City of Winnsboro, State of Louisiana; making application to the State Bond Commission for approval of said bond; and providing for other matters in connection therewith.
BE IT RESOLVED by the Board of Aldermen of the City of Winnsboro, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Winnsboro, State of Louisiana (the “City”), that:
Preliminary Approval of Bond. Pursuant to La. R.S. 39:1430 and La. R.S. 30:2079 (the “Act”), and other constitutional and statutory authority, the City of Winnsboro, State of Louisiana, State of Louisiana (the “City”) shall proceed with the incurring of debt for the purpose of acquiring, constructing and installing improvements, extensions and additions to the sewerage system of the City, through the issuance of its Sewer Revenue Bond, Series 2009, in an amount not exceeding One Million Dollars ($1,000,000) (the “Bond”). The Bond shall be issued in the form of a single fully registered bond, dated the date of delivery thereof and numbered R-1. The Bond shall be non-interest bearing, and shall mature in a single installment not later than twenty (20) years from date thereof. The principal of the Bond will be subject to forgiveness, and will be subject to prepayment at any time, in whole or in part at the option of the City, at a price of par plus accrued interest to the date of prepayment. Additional Details of the Bond will be set forth by subsequent ordinance adopted by this Governing Authority.
Security for Bond; Principal Forgiveness. The Bond will be secured by and payable from the revenues of City’s sewerage system (the “System”), subject to the prior payment of the reasonable and necessary costs and expenses of operating and maintaining the System, until the Bond is paid in full in accordance with its terms, all in accordance with the provisions of La. R.S. 30:2079, La. R.S. 39:1430 and other constitutional and statutory authority. The City shall budget and set aside from time to time as necessary sufficient of the net revenues of the System to pay the principal of the Bond when due.
However, it is understood that the terms of the purchase of the Bonds by the Louisiana Department of Environmental Quality (“Department”) will provide that the City’s obligation to repay the principal of the Bond will be forgiven simultaneously with the payment by the Department of each installment of the purchase price of the Bond. Accordingly, it is anticipated that no payments of principal, interest or administrative fees to the Department will ever be due and payable on the Bonds.
State Bond Commission. Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for approval of the issuance of the Bond. A certified copy of this resolution shall be submitted to the State Bond Commission, together with a request for prompt consideration and approval of this application.
By virtue of the City’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that the City 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 State Bond 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 4. Employment of Bond Counsel. The City hereby finds and determines that a real necessity exists for the employment of special bond counsel in connection with the issuance of the bonds, and accordingly Breithaupt, Dunn, DuBos, Shafto & Wolleson, LLC (“Bond Counsel”) of Monroe, Louisiana, is hereby employed to do and perform comprehensive legal and coordinate professional work with respect to the issuance of the Bonds. Said Bond Counsel shall prepare and submit to the Mayor and Board of Aldermen for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds, shall counsel and advise this Mayor and Board of Aldermen as to the issuance and sale of the Bonds, and shall furnish their opinion covering the legality of the issuance thereof. The fee of Bond Counsel in connection with the issuance of the Bonds is hereby fixed at a sum not to exceed fifty percent (50%) of the maximum fee allowed by the Attorney General’s fee guidelines for revenue bonds based on the principal amount of the Bonds actually issued, sold, delivered and paid for, plus “out-of-pocket” expenses; provided, however, that said fee shall be contingent upon the sale, issuance and delivery of the Bonds.
SECTION 5. Effective Date. This resolution shall take effect immediately.
The foregoing 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 20th day of July, 2009.
RESOLUTION NO. 09-0706:
The following resolution was offered by Mahoney and seconded by McCarthy:
A resolution declaring the intention of the Mayor and Board of Aldermen of the City of Winnsboro, Parish of Franklin, State of Louisiana (the “City” or the “Issuer”), acting as the governing authority thereof, to issue in the name of the City, Sewer Revenue Bonds, in one or more series, in an amount not to exceed FOUR MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,100,000) for the purpose of constructing and acquiring improvements, extensions and replacements to the sewer system of the City; generally describing said Sewer Revenue Bonds and the security therefor; authorizing the newspaper publication of a notice of such intention setting forth a date and time when said governing authority will meet in open and public session to hear any objections to the proposed issuance of such Bonds; providing for the filing of a petition by a certain percentage of the electors of the City objecting to the issuance of the proposed Bonds unless an election is held on the question of the issuance thereof; applying to the State Bond Commission for the approval of the contents of the proposed notice of intention; and other matters in connection therewith.
WHEREAS, the City of Winnsboro, State of Louisiana (the “City”), proposes to construct and acquire improvements, extensions and replacements to its sewer system, a work of public improvement for the City, and proposes to finance a portion of the cost thereof through the sale and issuance of not exceeding FOUR MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,100,000) of Sewer Revenue Bonds of the City, Series 2009, (the “Bonds); and
WHEREAS, this Mayor and Board of Aldermen propose that the Bonds will be issued in the manner prescribed by and under the authority of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (La.R.S.39:1011, et seq.), and other constitutional and statutory authority (the “Act”); and
WHEREAS, this Mayor and Board of Aldermen, in accordance with the provisions of the Act, now desire to authorize the giving and publication of notice of intention generally describing the Bonds and the security therefor, setting forth a date and time when they will meet in open and public session to hear any and all objections to the proposed issuance of the Bonds, providing for the filing of a petition by a certain hereinafter described percentage of the electors objecting to the issuance of the Bonds unless an election is held on the question of the issuance thereof, and to apply to the State Bond Commission for approval of the contents of the proposed notice of intention;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the City of Winnsboro, Parish of Franklin, State of Louisiana, acting as governing authority of said City, that:
SECTION 1. Declaration of Intent. Pursuant to and in compliance with the provisions of the Act, and other constitutional and statutory authority, the Mayor and Board of Aldermen of the City of Winnsboro, State of Louisiana, acting as the governing authority of the City, do hereby declare its intention to issue not exceeding FOUR MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,100,000) of Sewer Revenue Bonds of the City, Series 2009, in one or more series, the proceeds of which will be used to construct and acquire improvements, extensions and replacements to the sewer system of the City, including appurtenant equipment, accessories and properties, both personal and real, a work of public improvement for the City. The Bonds shall be limited and special revenue bonds of the City, secured by and payable in principal, interest and redemption premium, if any, solely from the income and revenues derived by the City from the operation of its sewer system (the “System”), after paying the reasonable and necessary costs and expenses of operating and maintaining the System The Bonds shall not be a charge on the other income and revenues of the City as prohibited under the provisions of Article VI, Section 37 of the Louisiana Constitution of 1974, nor shall they constitute and indebtedness or pledge of the general credit of the City. The Bonds shall be of such series, bear such dates, mature at such time or times (not to exceed twenty (20) years from their date of issuance), bear interest at such rate or rates (not exceeding three per centum (3%) per annum), be in such denomination or denominations, in fully registered form, carry such registration privileges, be payable in such medium of payment at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income and revenues of the System as such resolution may provide. The Bonds shall be of such series, bear such dates, mature at such time or times (not to exceed twenty (20) years from their date of issuance), bear interest at such rate or rates (not exceeding three per centum (3%) per annum), be in such denomination or denominations, in fully registered form, carry such registration privileges, be payable in such medium of payment at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income and revenues of the System as such resolution may provide.
SECTION 2. Bond Ordinance. The Bonds will be issued and authorized by ordinance of this Board of Aldermen (the “Bond Ordinance”). The City will, in such Bond Ordinance, enter into sucwith the future owner or owners of the Bonds as to the management and operation of the System, the imposition and collection of rates and charges for the services rendered thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the System and the revenues therefrom, the carrying of insurance on the System and the disposition of the proceeds of insurance, the keeping of books and records, and other pertinent matters as may be deemed proper by this Mayor and Board of Aldermen to assure the marketability of the Bonds, consistent with the provisions of the Act. The Bond Ordinance will also include remedies in case of default, provision for the issuance of parity bonds, and such additional covenants, agreements and provisions as are judged advisable or necessary by the City for the security of the registered owners of the Bonds, including sinking funds and reserves for the payment of principal and interest on the Bonds and an adequate depreciation fund for those repairs and improvements to the System as may be necessary to assure adequate and efficient service to the public, all as provided by the Act.
SECTION 3. Build America Bonds. The Issuer may determine in the Bond Ordinance to designate the Bonds as “Build America Bonds (Direct Payment)” pursuant to Section 54AA of the internal revenue code. In such case, the Bonds will also be payable in part from direct interest subsidy payments (if any) received from the United states of America by virtue of all or a portion of the Bonds being designated as “Build America Bonds” pursuant to the American Recovery and Reinvestment Act of 2009.
SECTION 4. Sale of Bonds. It is anticipated that the Bonds will be privately placed with the Louisiana Department of Environmental Quality (the “Department”) pursuant to the Municipal Facilities Revolving Loan Fund established by the State of Louisiana, pursuant to Subchapter II, chapter 4 of Title 30 of the Louisiana Revised Statutes of 1950, as amended, specifically La. R.S. 30:2078, et seq.) in the custody of the Department, which is to be used for the purpose of providing financial assistance for the improvement of sewerage systems in the State. Notwithstanding the foregoing, the Bonds may be sold at public or private sale, as provided for in the Act and statutory authority.
SECTION 5. Public Hearing. This Mayor and Board of Aldermen, acting as the governing authority of the City, will meet in open and public session on September 21, 2009, at six (6:00) o’clock p.m., or such other date and time as may be determined by the Mayor, at the City Hall, Winnsboro, Louisiana, to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition or petitions duly signed by the electors of the City in an aggregate number not less than five percent (5%) of the number of the electors of the City voting in the last special or general election held in the City object to the issuance of the Bonds, then the Bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Title 18 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the Franklin Parish Registrar of Voters certifying that the signers of the petition are registered electors of the City and the number of signers amounts to not less than five (5%) of the registered voters that voted in the last election held in the City, all as provided by the Act.
SECTION 6. Form of Notice of Intention. The Mayor is hereby authorized, empowered and directed to publish an appropriate notice of the intention of the City to issue the Bonds in accordance with the provisions of this resolution and the Act. Such notice of intention shall embody in a general way substantially all the provisions of this resolution hereinabove set out and shall be published in four (4) consecutive weekly issues of The Franklin Sun, a newspaper of general circulation in the City and the Parish of Franklin and published weekly in said Parish and shall be in substantially the form attached hereto as Exhibit A.
SECTION 7. State Bond Commission. Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for approval of the contents of the notice of intention contained in Section 4 hereof. A certified copy of this resolution shall be submitted to the State Bond Commission, together with a request for prompt consideration and approval of this application. The State Bond Commission will be requested to give its final approval to the issuance of the Bonds prior to the delivery thereof.
SECTION 8. Declaration of Official Intent under Reg. 1.150-2. Prior to the issuance of the Bonds, the City anticipates that it may pay a portion of the costs of constructing and acquiring improvements, extensions and replacements to the System, including appurtenant equipment, accessories and properties, both personal and real, and costs related thereto, from other available funds. Upon issuance of the Bonds, the Issuer reasonably expects to reimburse said expenditures from the proceeds of the Bonds. Any such allocation of the proceeds of the Bonds for reimbursement will be with respect to capital expenditures [as defined in Treasury Regulation 1.150-1(h)] and will be made upon the delivery of the Bonds and not later than one year 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 9. Employment of Bond Counsel. The City hereby finds and determines that a real necessity exists for the employment of special bond counsel in connection with the issuance of the bonds, and accordingly Breithaupt, Dunn, DuBos, Shafto & Wolleson, LLC (“Bond Counsel”) of Monroe, Louisiana, is hereby employed to do and perform comprehensive legal and coordinate professional work with respect to the issuance of the Bonds. Said Bond Counsel shall prepare and submit to the Mayor and Board of Aldermen for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds, shall counsel and advise this Mayor and Board of Aldermen as to the issuance and sale of the Bonds, and shall furnish their opinion covering the legality of the issuance thereof. The fee of Bond Counsel in connection with the issuance of the Bonds is hereby fixed at a sum not to exceed the maximum fee allowed by the Attorney General’s fee guidelines for revenue bonds based on the principal amount of the Bonds actually issued, sold, delivered and paid for, plus “out-of-pocket” expenses; provided, however, that said fee shall be contingent upon the sale, issuance and delivery of the Bonds.
SECTION 10. Approval of Legal Fees by Attorney General. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated as required by law.
SECTION 11. By virtue of Issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’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.
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 adopted on this, the 20th day of July, 2009.
Roxy Fletcher, Clerk
Jack Hammons, Mayor
EXHIBIT A
NOTICE OF INTENTION
TO ISSUE NOT EXCEEDING $4,100,000
OF SEWER REVENUE BONDS OF THE
CITY OF WINNSBORO, PARISH OF FRANKLIN,
STATE OF LOUISIANA, SERIES 2009
PUBLIC NOTICE IS HEREBY GIVEN, pursuant to the provisions of a resolution adopted on July 20, 2009, by the Mayor and Board of Aldermen of the City of Winnsboro, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Winnsboro, Parish of Franklin, State of Louisiana (the “City”), and in accordance with the provisions of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 39:1011, et seq.), and other constitutional statutory authority (“Act”), that the Governing Authority does hereby declare its intention to issue not exceeding FOUR MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,100,000) of Sewer Revenue Bonds of the City, Series 2009 (the “Bonds”), in one or more series, the proceeds of which will be used to construct and acquire improvements, extensions and replacements to the sewer system of the City, including appurtenant equipment, accessories and properties, both personal and real, a work of public improvement for the City. The Bonds shall be limited and special revenue bonds of the City, secured by and
(Continued to next file)

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