The Franklin Sun: Public Notices: Thursday, December 17th, 2009



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Public Notices: Thursday, December 17th, 2009

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

Public Notices Published Thursday, December 17th, 2009

The following ordinance was offered for adoption by Jesse Young and seconded by Ronnie Hatton:
ORDINANCE
An ordinance providing for the continued levy within the Parish of Franklin, State of Louisiana, effective July 1, 2010, of a one-half of one percent (1/2%) sales and use 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 said Parish, providing 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, such tax having been authorized at a special election held in said Parish on November 14, 2009.
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 November 14, 2009, the Parish of Franklin, State of Louisiana (the “Parish”), acting through the Parish School Board 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 from and after July 1, 2010, 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 as defined in applicable statutory authority, pursuant to the following proposition which was approved at said election held on November 14, 2009:
PROPOSITION
(SALES AND USE TAX RENEWAL)
Summary: 10 years, 1/2% sales and use tax renewal with a minimum of 15% of the net proceeds of the tax to be used for purchasing and acquiring classroom teaching supplies and equipment and the remaining net proceeds to be placed in a separate account to be dedicated, allocated and used for the purpose of improving school related facilities and equipment for, and paying maintenance and operating expenses of, the public school system of the Parish (excluding the payment of salaries of school board members)
Shall the Parish School Board of the Parish of Franklin, State of Louisiana (the “Parish School Board”), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority supplemental thereto, be authorized to continue to levy and collect, and adopt an ordinance providing for such levy and collection, a tax of one-half of one percent (1/2%) (the “Tax”) from and after July 1, 2010, 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 Franklin Parish (the “Parish”), all as defined by law (an estimated $1,200,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years with a minimum of fifteen percent (15%) of the net proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax) to be used for the purpose of purchasing and acquiring classroom teaching supplies and equipment, and the remaining net proceeds to be placed in a separate account to be dedicated, allocated and used for the purpose of improving school related facilities and equipment for, and paying maintenance and operating expenses of, the public school system of the Parish (excluding the payment of salaries of School Board members)?
WHEREAS, in compliance with the aforesaid constitutional and statutory authority and said special election of November 14, 2009, 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 Parish School Board 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”), for school purposes, thereof, that:
SECTION 1. Imposition. Pursuant to the authority of a special election held in the Parish of Franklin, State of Louisiana, on November 14, 2009, 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, 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 July 1, 2010.
SECTION 4. Term. The Tax shall remain in effect for ten (10) years (July 1, 2010 through June 30, 2020).
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 Parish on November 14, 2009, authorizing the Tax, which proposition is set forth in the preamble hereto.
SECTION 6. Vendor’s Compensation. For the purpose of compensating the dealer in accounting for and remitting the Tax levied by this ordinance, each dealer shall be allowed one percent (1%) of the amount of Tax due and accounted for and remitted to the 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 of the Parish of Franklin, State of Louisiana.
SECTION 18. Powers of Collector. The Collector is hereby authorized, empowered and directed to carry into effect the provisions of this ordinance, to appoint deputies, assistants or agents to assist it in the performance of its duties, and in pursuance thereof to make and enforce such rules as it may deem necessary.
SECTION 19. Agreement to Collect Tax on Vehicles. With regard to the collection of the Tax on any motor vehicle, automobile, truck, truck-trailer, trailer, semi-trailer, motor bus, home trailer, or any other vehicle subject to the vehicle registration license Tax, this Governing Authority, acting through the President of the Governing Authority, and on behalf of the Parish, 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 School Board in the special fund heretofore established and maintained for the deposit of such proceeds, which fund is a separate bank account maintained with the regularly designated fiscal agent of the School Board; 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 14, 2009, 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 applicable 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:
Eddie Ray Bryan X
Ronnie Hatton X
Jesse Young X
Richard Kelly X
Louise Johnson X
Tim Eubanks X
Dorothy Brown X
And the resolution was declared adopted on this, the 7th day of December, 2009.
/s/ Lanny Johnson /s/ Eddie Ray Bryan
Secretary President
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ADVERTISEMENT FOR BIDS

Sealed bids will be received by the Office of Purchasing, Room 213 Thomas Boyd Hall, Louisiana State University and Agricultural and Mechanical College until 11:00 a.m. January 7, 2010.
Any person requiring special accommodations shall notify Louisiana State University, Office of Purchasing of the types of Accommodation required not less than seven (7) days before the bid opening.
FOR: FURNISHING LABOR AND MATERIALS - REBID - ASPHALT ROAD REPAIRS - MACON RIDGE RESEARCH STATION - STATE PROJECT #01-107-06B-11, ITEM #4; ACT 27 OF 2006 (SUPP FROM A7 2008)
LSU SOLICITATION NUMBER: 000008236
Complete Bidding Documents may be obtained from:
Hunt, Guillot & Associates, LLC
Project Managers & Engineers
603 Reynolds Dr.
Ruston, LA 71270
PHONE (318)255-6825
upon deposit of $150.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent of the deposit of all other sets of documents will be refunded upon return of documents as stated above.
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, bank check, cashier’s check or Bid Bond form written by a surety company licensed to do business in Louisiana, signed by the surety’s agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A-rating in the latest printing of the A.M. Best’s Key Rating Guide. If surety qualifies by virtue of its Best’s listing, the amount of the Bond may not exceed ten percent of policyholders’ surplus as shown in the latest A.M. Best’s Key Rating Guide. The Bid Bond shall be in favor of the Louisiana State University and Agricultural and Mechanical College, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders’ surplus as shown by surety’s most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A-rating in the latest printing of the A.M. Best’s Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholder’s surplus as shown in the latest A.M. Best’s Key Rating Guide nor fifteen percent of policyholder’s surplus as shown by surety’s most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety’s agent or attorney-in-fact.
Attendance at this conference is not required but bidders are advised that they will be required to state on the bid form that they have personally inspected and are familiar with the project site.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2163 for the classification of HIGHWAY, STREET AND BRIDGE CONSTRUCTION. Bidder is required to comply with provisions and requirements of LA R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially or entirely with State Bonds or federal funds, the award of this Contract is contingent upon the granting of lines of credit, the sale of bonds by the Bond Commission or the commitment of federal funds. The University shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
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SHERIFF’S SALE
BAC Home Loans Servicing, L.P.
Vs. No. 40,893
Derrick Aldridge and Shequanna Bryant
State of Louisiana
Parish of Franklin
Fifth District Court
By virtue of a writ of SEIZURE AND SALE, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 20th day of January A.D., 2010, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
Lots twelve (12) and fourteen (14), the South Sixteen (S/16') feet of lot ten (10) and the North Ten (N/10') feet of Lot sixteen (16) all in Block Three (3), First Addition to Owen Place Subdivision, a Subdivision of Winnsboro, Franklin Parish Louisiana, together with all buildings and improvements located thereon, municipally known as 2802 Earle Drive, Winnsboro, Louisiana 71295
Seized in this above style suit. Terms of sale, cash, without the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff Office, Winnsboro, La.
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SHERIFF’S SALE
United States of America, Rural Development (Formerly Farmers Home Administration), United States Department of Agriculture
Vs. No. 40,859
Veronica Kay Brass A/K/A Veronica Kay Pleasant
State of Louisiana
Fifth District Court
By virtue of a writ of FIERI FACIAS, to me directed by the honorable Fifth District Court of Louisiana, in and for the Parish of Franklin, I will offer for sale at public auction, at the front door of the Courthouse, in the City of Winnsboro, Franklin Parish, La., on Wednesday the 20th day of January A.D., 2010, within legal hours beginning at 10:00 a.m., the following described property, to-wit:
Lot 28 of Booker T. Washington Addition to the Town of Winnsboro, as shown by Plat of survey in Plat Book A, page 33, records of Franklin Parish.
Seized in this above style suit. Terms of sale, cash, with the benefit appraisement.
Steve E. Pylant, Sheriff
Sheriff’s Office, Winnsboro, La.
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LEGAL NOTICE
Request for Proposals
Sealed proposals are invited and will be received by Franklin Medical Center, in the office of the Administrator until 5:00 P.M., January 7, 2009 applicable to the following: (EDM description). Complete specifications for the software and hardware may be obtained from the Administrator of Franklin Medical Center. Any proposal received after the above-stated deadline will be returned unopened. The Board of Commissioners of Franklin Medical Center reserves the right to reject any and all proposals and waive informalities.
Contact FMC Administration for specificaitons at 412-5262.
Terri Spence, LCSW
Administrator
Franklin Medical Center
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NOTICE TO THE PUBLIC
AMENDED BUDGET
The following is the amended budget summary for the Franklin Parish Assessor’s Office for the year ending December 31, 2009.
Original Amendments Amended
Budget Budget
Beginning Fund Balance: 1,452,660. (20,137). 1,432,523
Projected Revenues: 565,606. 87,743. 653,349.
Projected Expenditures 555,357 50,503 605,860.
Ending Fund Balance: 1,462,909 17,103 1,480,012.
Rod Elrod, Assessor
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NOTICE
The following Ordinance was offered by Alderman Thomas and seconded by Alderman Thomas Lemle:
TOWN OF WISNER
ORDINANCE NO.
An Ordinance to Amend and Supplement the Code of Ordinances of the Town of Wisner Relative to Fireworks
BE IT RESOLVED, by the Mayor and Board of Alderpersons that the Code of Ordinances of the Town of Wisner is hereby amended, by Amending 131.02 (FIREWORKS) to add Paragraph (C)(3)&(4) to said ordinance, as follows:
131.02 FIREWORKS
(C) Exceptions.
3. The sale of Fireworks by a retailer with a Town of Wisner occupational license during the New Years, 4th of July and Christmas Holidays, provided the retailer has obtained a permit from the Town of Wisner to allow the sale of Fireworks, and the retailer has obtained all parish, state and federal permits (if applicable) to do so. The permit fee shall be $100.00 per holiday.
(4) The discharge of fireworks within the Town of Wisner shall be allowed the day preceding and the day of the above set forth holidays between the hours of 10:00 a.m. and midnight each day, unless the Town of Wisner has placed a ban on said discharge.”
This Ordinance was introduced on the 8th day of October, 2009.
NOTICE PUBLISHED on the 16th day of October, 2009.
This Ordinance having been submitted in writing, introduced and published, was then submitted to a final vote as a whole, the vote thereon being as follows:
YEAS: Nettie B. Brown, Thomas Moore, Marc McCarty and Thomas Lemle.
NAYS: 0
ABSENT: Bobby Blount
Mayor Town Clerk
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NOTICE TO BIDDERS
The Town of Wisner will be accepting sealed bids for:
1999 Ford Crown Victoria. (Minimum bid $1500.00)
2000 Ford Crown Victoria (Minimum bid $500.00)
Bids will be received at the Wisner Town Hall until 3:00 p.m. January 14, 2010.
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CROWVILLE FIRE DISTRICT
P.O. BOX 297
CROWVILLE, LA 71230
Minutes of meeting dated Thursday, December 3, 2009, 7:30 a.m., at Crowville Fire Station.
Board members present: Kelly Clark, Dewayne Hendry, Don Middleton & Colby Peppers.
Business before the Board:
1. The Financial statement was reviewed, discussed, and approved.
2. The 2009 budget was reviewed and amended to explain deviations from the initial 2009 budget. A copy of the amended budget is on file at the District office in Crowville.
Meeting adjourned,
Submitted by Don Middleton, Secretary-Treasurer
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PUBLIC NOTICE
The Fifth Judicial District Expense Account, Hearing Officer Account, Richland Parish District Judges Account, Court Reporter Account, FINS Account, and the Special Excessive Cost Account has complied with the Local Government Act.
Terry A. Doughty, Judge
James M. Stephens, Judge
E. Rudolph McIntyre Jr. Judge
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