The Franklin Sun: Public Notices: Tuesday, July 27th, 2010



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Public Notices: Tuesday, July 27th, 2010

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

Public Notices Published Tuesday, July 27th, 2010

NOTICE
NOTICE is hereby given, pursuant to article IV, section 21 (D) (1) of the Louisiana Constitution, that on July 21, 2010, Entergy Louisiana, LLC ("ELL") an electric public utility providing retail electric service to customers in forty-three (43) Parishes of the State of Louisiana, filed with the Louisiana Public Service Commission ("LPSC" or the "Commission") in LPSC Docket No. U-30981, pursuant to Article IV, Section 21(D)(3) of the Louisiana Constitution and Title 45, Section 1163.1 of the Louisiana Revised Statutes, a new Rider Financed Storm Cost II ("FSC II") rider schedule, and a new Rider Storm Cost Offset II ("SCO II") rider schedule, that implement, effective the first billing cycle of August (July 30) various rate changes for recovery in rates of costs related to Hurricanes Gustav and Ike financed pursuant to Act 55 of the Louisiana Legislature's Regular Session of 2007.
In order to pursue financing authorized by Act No. 55, ELL and the Louisiana Utilities Restoration Corporation ("LURC" or "Corporation") have received pursuant to LPSC Order U-30981-A: (1) approval and authorization for the LURC to finance, through the issuance of "system restoration bonds" by the Louisiana Local Government Environmental Facilities and Community Development Authority (the "LCDA"), a non-shareholder contribution to ELL's capital; (2) approval to create system restoration property in favor solely of the Corporation, including the right to impose and collect system restoration charges sufficient to pay the system restoration bonds and associated financing costs; and (3) approval of a tariff to implement the system restoration charges on behalf of the Corporation. Further, the Corporation and ELL have received Commission authorization for the issuance of system restoration bonds in one or more series in an aggregate principal amount equal to the sum of: (a) $260,729,711 of system restoration costs, plus (b) the costs of funding storm damage reserves in the amount of $200,000,000 in a restricted escrow account, plus (c) issuance costs of $8,170,289. When rounded, these components result in a total issuance of $468,900,000.
To finance these costs, ELL will implement Rider Financed Storm Cost II (Rider "FSC II") Rates, on behalf of LURC, effective by billing on the first day of the first billing cycle of the next revenue month following the issuance date of the system restoration bonds. Based upon a system restoration bond issuance date of July 22, 2010, Rider FSC II will be implemented with the first billing cycle of August 2010 (July 30). The FSC II Rates, as periodically adjusted, will continue in effect until all system restoration bonds shall have been paid in full and all financing costs of the system restoration bonds shall have been recovered in full. Consistent with the LPSC's determination in Order Nos. U-30981 and U-30981-A, the calculation of the FSC II Rates will apply to all rate classes, including the Special Contracted Rate customers and will be non-bypassable, which means that, with limited exception, all existing and future LPSC-jurisdictional ELL customers will be responsible for these charges.
Any insurance proceeds or governmental grants or aid reflecting permanent recovery of system restoration costs received after issuance of the Financing Order, together with any interest earnings associated with those insurance proceeds or governmental grants or aid reflecting permanent recovery of system restoration costs received after the issuance of the Financing Order will be returned to customers of ELL through the Rider Storm Cost Offset II (Rider "SCO II"). Other adjustments required to compensate for certain costs or benefits relating to elements other than those relating to the financing transaction, including accumulated deferred income taxes and other savings pursuant to Act 55 Financing as provided for in Order U-30981-C, will be reflected in the Rider SCO II.
Using the method of allocation and rate design approved by the LPSC, the system restoration charge, billed on behalf of the LURC, on the monthly electric bill through Rider FSC II for one of ELL's LPSC-jurisdictional residential customers using 1,000 kWh will be $2.91 per month. The system restoration charge, billed on behalf of the LURC, on the monthly electric bill through Rider FSC II for one of ELL's LPSC-jurisdictional Small General Service customers using 12,500 kWh will be $41.56 per month and for one of ELL's LPSC-jurisdictional Large General Service customers using 1000 kW and 500,000 kWh will be $944.39 per month. Rider SCO II imposed on the monthly electric bill of one of ELL's LPSC-jurisdictional residential customers using 1,000 kWh will be a credit of $1.06 per month. Rider SCO II imposed on the monthly electric bill of one of ELL's LPSC-jurisdictional Small General Service customers using 12,500 kWh will be a credit of $15.12 per month. Rider SCO II imposed on the monthly bill of one of ELL's LPSC-jurisdictional Large General Service customers using 1000 kW and 500,000 kWh will be a credit of $343.46 per month.
In sum, beginning with the first billing cycle of August (July 30) the total net effect of Riders FSC II and SCO II to an ELL LPSC-jurisdictional residential customer using 1,000 kWh will be an increase of $1.85 per month. The total net effect of Riders FSC II and SCO II to an ELL LPSC-jurisdictional Small General Service customer using 12,500 kWh will be an increase of $26.45 per month. The total net effect of Riders FSC II and SCO II to an ELL LPSC-jurisdictional General Service customer using 1000 kW and 500,000 kWh will be an increase of $600.93 per month.
A copy of these rider schedules may be viewed in the Office of the Louisiana Public Service Commission in Baton Rouge, Louisiana.
Entergy Louisiana, LLC
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The following Resolution was offered by Michael Wright and seconded by Danny Warner.
RESOLUTION
A RESOLUTION AUTHORIZING THE FRANKLIN PARISH HOSPITAL SERVICE DISTRICT NO. 1, PARISH OF FRANKLIN, STATE OF LOUISIANA (THE "ISSUER") TO INCUR DEBT AND TO ISSUE NOT TO EXCEED $200,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS, IN ONE OR MORE SERIES; MAKING APPLICATION TO THE FRANKLIN PARISH POLICE JURY AND THE LOUISIANA STATE BOND COMMISSION; AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana (the "Issuer") is a political subdivision of the State of Louisiana (the "State") created and existing pursuant to the Constitution and laws of the State; and
WHEREAS, the Issuer has determined to acquire and improve the healthcare facilities and related equipment, furniture and fixtures known as the Newellton Health Clinic and Newellton Intensive Outpatient Psychiatric Clinic, including the land on which the facilities are located (the "Project") which facilities are currently leased and operated by the Issuer; and
WHEREAS, following such acquisition, the Project will be a work of public improvement owned and operated by the Issuer; and
WHEREAS, the Issuer has determined that the Project will provide for more efficient delivery of hospital services for the patients of such facilities and further the public purpose under which the Issuer was formed; and
WHEREAS, Chapter 13 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 39:1430, et. seq.) (the "Act"), authorizes the Issuer to issue revenue bonds covering the cost of improvements owned, maintained and/or operated by the Issuer such as the Project; and
WHEREAS, in order to finance the Project, the Issuer now desires to authorize the incurrence of debt and the issuance of its Revenue Bonds, in one or more series (the "Bonds"), in the manner authorized and provided for by the Act for the purpose of financing the cost of the Project and paying costs of the issuance of the Bonds; and
WHEREAS, prior to the issuance of the Bonds, the Issuer intends to expend its own funds for the purpose of acquiring, constructing and equipping certain portions of the Project, and reasonably expects to reimburse said expenditures from the proceeds of the Bonds; and
WHEREAS, in connection with the issuance of the Bonds, the Issuer desires to authorize the filing of an application with the Louisiana State Bond Commission (the "Commission") requesting that the Commission approve the issuance and sale of the Bonds in accordance with the Act.
NOW, THEREFORE:
BE IT RESOLVED by the Board of Commissioners, as the Governing Authority of the Issuer, that:
SECTION 1. For the purpose of providing funds to finance the cost of the Project and to pay the costs of issuance of the Bonds, this Governing Authority hereby gives approval to the issuance of not to exceed $200,000 of its Revenue Bonds, in one or more series.
SECTION 2. The Bonds shall be secured by and payable solely from a pledge and dedication of, all income, revenues, and receipts of the Issuer derived or to be derived from the properties and facilities owned, maintained or operated by the Issuer, including contracts and lease agreements with respect thereto, interest income, tax revenues, rentals and any fee revenue payable to the Issuer (collectively, "Revenues"), after paying the reasonable and necessary expenses of operating and maintaining such properties and facilities.
SECTION 3. The Bonds shall bear interest at a rate not to exceed eight (8%) percent per annum, maturing over a period not to exceed 20 years from the date thereof. The Bonds shall be issued under the authority of the Act and other constitutional and statutory authority supplemental thereto. The acceptance of an offer for sale of the Bonds and the further details of the Bonds shall be established by a Bond Resolution to be adopted by this Governing Authority.
SECTION 4. In accordance with the provisions of law, the Franklin Parish Police Jury is hereby requested to approve the borrowing of not exceeding $200,000 by the Issuer as described in the preceding section, and a copy of this Resolution shall be forwarded to the Franklin Parish Police Jury together with a letter requesting the prompt consideration and approval of this request.
SECTION 5. This Resolution shall be published immediately after its adoption in one (1) issue of The Franklin Sun, a newspaper published in Winnsboro, Louisiana, being the official journal of the Issuer, and, as provided by the Act, for a period of thirty (30) days from the date of publication of this Resolution, any person interested may test the legality of this Resolution and the validity of the Bonds, after which time no one shall have any cause to contest the regularity, formality or legality of this Resolution and the validity of the Bonds, after which time no one shall have any cause to contest the regularity, formality or legality of this Resolution or to draw in question the legality of the Bonds for any cause whatsoever. If no suit, action or proceeding is begun contesting the validity of the issuance of the Bonds within the prescribed thirty (30) days, the authority to issue the Bonds and to provide for the payment thereof, and all of the provisions of this Resolution authorizing the issuance of the Bonds shall be conclusively presumed, and no court shall have the authority to inquire into such matters.
SECTION 6. Prior to the issuance of the Bonds, the Issuer anticipates that it may pay a portion of the costs of the Project 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.
SECTION 7. It is recognized, found and determined that a real necessity exists for the employment of Bond Counsel in connection with the issuance of the Bonds; accordingly, Breithaupt, Dunn, DuBos, Shafto & Wolleson, LLC, Monroe, Louisiana, is hereby employed as "Bond Counsel" to perform comprehensive, legal and coordinate professional work with respect to the issuance and sale of the Bonds. Bond Counsel shall (i) prepare and submit to the Issuer for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds; (ii) counsel and advise the Issuer with respect to the issuance and sale of the Bonds; and (iii) furnish their opinion covering the legality of the issuance thereof. The fee to be paid Bond Counsel shall be an amount less than the Attorney General's then current Bond Counsel Fee Schedule and other guidelines for comprehensive, legal and coordinate professional work in the issuance of revenue bonds applied to the actual aggregate principal amount issued, sold, delivered and paid for at the time the Bonds are delivered, together with reimbursement of out-of-pocket expenses incurred and advanced in connection with the issuance of the Bonds, said fee to be payable out of Bond proceeds or other funds provided by the Issuer subject to the Attorney General's written approval of said employment and fee.
SECTION 8. The Governing Authority hereby authorizes and directs Bond Counsel to proceed with the preparation of all necessary and appropriate financing documents and to file drafts of said financing documents with the Commission in accordance with its Rules.
SECTION 9. Application is hereby formally made by the Issuer to the Louisiana State Bond Commission for consent and authority to issue, sell and deliver the Bonds.
SECTION 10. 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.
SECTION 11. The Chairman and Secretary are hereby authorized to do all things necessary, on the advice of the Bond Counsel to the Issuer, to effectuate and implement this Resolution, including the publication hereof as required by the Act.
SECTION 12. This Resolution shall become effective immediately upon adoption hereof.
The Resolution having come to a vote:
YEAS: Michael Wright, Danny Warner
NAYS:
ABSTAIN:
ABSENT: Nick Poulos, Jan Hicks
And the resolution was adopted on this, the 27 day of May, 2010.
Michael Blake Kramer, Secretary Paul Price, Jr., Chairman
STATE OF LOUISIANA
PARISH OF FRANKLIN
I, the undersigned Secretary of the Board of Commissioners of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana (the "Issuer"), do hereby certify that the foregoing five (5) pages constitute a true and correct copy of the proceedings taken by said Board of Commissioners on May 27, 2010, authorizing the Issuer to incur debt and to issue not to exceed $200,000 aggregate principal amount of Revenue Bonds, in one or more series; generally describing said Bonds and the security therefor and authorizing application to the Louisiana State Bond Commission for approval.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the Board of Commissioners of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana, on this, the 27 day of May, 2010.
Michael Blake Kramer, Secretary
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VILLAGE OF BASKIN
REGULAR COUNCIL MEETING
July 13, 2010
The Mayor and the Council of the Village of Baskin met in regular session on Tuesday, July 13, 2010, at 5 p.m., at the Village of Baskin Town Hall.
Present: Mayor Billy Joe Cupp and Council Members Wanda Carroll and Larry LaBorde.
Also present: Town Clerk Chief of Police and guests.
There being a quorum, the meeting was called to order.
The Pledge of Allegiance and prayer was led by Mayor Billy Joe Cupp.
The Clerk read minutes from the previous council meeting.
Larry LaBorde made a motion to accept the minutes as read. Wanda Carroll seconded. Yeas: 2. Nays: 0. Absent: 1.
NEW BUSINESS:
Permission was granted to pay all bills.
Larry LaBorde made a motion. Wanda Carroll seconded. Yeas: 2. Nays: 0. Absent: 1.
POLICE DEPARTMENT:
Chief Danny Barber reported that the department was doing well and the month of June was a good month.
FIRE DEPARTMENT:
Chief Bobby Fife stated that the volunteer fire fighters continue to attend about four training classes each month. The group in the Fire Fighter I classes area still active in these sessions. A sign has been donated by the State Forestry Service. It will be placed in a highly visible place on Highway 15.
With no further business, the meeting adjourned at 5:15 p.m.
Larry LaBorde made a motion. Wanda Carroll seconded. Yeas: 2. Nays: 0. Absent: 1.
Billy Joe Cupp, Mayor
Merlyn Ritchie, Clerk
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MINUTES-LIBRARY BOARD
JULY 21, 2010
The Franklin Parish Library Board met in a regular noon meeting on July 21, 2010. Luella Snyder, Board President, opened the meeting with board members, Addie Bolton, Jeannette Thompson, Bill Marionneaux and John Guice present. Mrs. Bolton led in prayer. Mr. Guice moved that the minutes of the last board meeting be approved. Ms. Bolton seconded the motion and all were in favor.
Library Director, Carolyn Flint, gave the statistical reports for the second quarter of 2010. The financial report was given and the financial status of the library is good. Copies of the audit for 2009 were given to the members of the board. The Library had a good audit with no findings. Circulation was down for the quarter compared to the same quarter for 2009. Program attendance was good. Ms. Flint reported that the attendance for the summer children's programs was 1,192. The use of public access computers remained high. The grant for the federal E-Rate money to help pay for Internet access will be received for 2010-2011. The library will receive less in state aid for 2010-2011 than had been projected.
Ms. Flint reported that she had recently learned that all public libraries are being required by the Office of the Secretary of State to adopt a Records Retention Schedule. Mr. Guice moved that Ms. Flint be appointed as the records officer to act as liaison with that office. Ms. Thompson seconded the motion and all were in favor. The Library Board will develop a retention schedule to be presented to the Secretary of State for approval.
There being no other business, the meeting was adjourned.
Carolyn Flint, Library Director
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LEGAL NOTICE
Public notice is hereby given that Green Tree Servicing LLC, the secured party having a security interest in a 1999 Chandeleur Homes, Inc., Chandeleur mobile home bearing serial number CH1AL22092 and belonging to William N. Heckard and Lillie B. Heckard has been authorized by a Louisiana court to, and will in fact, retake possession of said mobile home and dispose of same thereafter at public or private sale in accordance with La. R.S. 9:5363.1. For info contact 12021 Lakeland Park Blvd., Suite 100, Baton Rouge, LA 70809, 800-458-4758.
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