SALES TAX DISTRICT NO. ONE OF THE
PARISH OF WASHINGTON, STATE OF LOUISIANA
RESOLUTION NO.12-588
The following resolution was offered by Michael Fussell and seconded by Aubrey Posey:
A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN SALES TAX DISTRICT NO. ONE OF THE PARISH OF WASHINGTON, STATE OF LOUISIANA ON APRIL 6, 2013, FOR THE PURPOSE OF AUTHORIZING THE REDEDICATION OF A PORTION OF THE PROCEEDS OF THE .67% TAX PREVIOUSLY APPROVED ON APRIL 6, 2002 (THE “TAX”) (AN ESTIMATED $1,600,000 REASONABLY EXPECTED TO BE COLLECTED FROM THE TAX FOR ONE YEAR), 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 WITHIN THE DISTRICT, TO CONTINUE TO BE LEVIED IN PERPETUITY, WITH NET PROCEEDS OF THE TAX IN EXCESS OF THAT NEEDED FOR SOLID WASTE TO BE DEDICATED AS FOLLOWS: (i) 68% SHALL CONTINUE TO BE DEDICATED TO THE PARISH FOR COSTS OF SERVICES LEGALLY OBLIGATED TO PAY, (ii) 15% SHALL BE DEDICATED TO THE PARISH FOR LEGALLY MANDATED CRIMINAL JUSTICE AND PUBLIC SAFETY SYSTEM COSTS; (iii) 3% SHALL BE DEDICATED TO THE PARISH FOR THE LANDFILL CONSTRUCTION; AND (iv) 12% TO THE TOWN OF FRANKLINTON, 1% TO THE VILLAGE OF ANGIE AND 1% TO THE VILLAGE OF VARNADO TO BE USED FOR CONSTRUCTING, MAINTAINING AND IMPROVING PUBLIC ROADS, HIGHWAYS AND BRIDGES; OF MAKING APPLICATION TO THE STATE BOND COMMISSION; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Parish Council of the Parish of Washington (the “Parish Council”), acting as governing authority of Sales Tax District No. One of the Parish of Washington, State of Louisiana (the “District”), desires to order and call a special election to be held in the District onApril 6, 2013, to authorize the rededication of a portion of the proceeds of the sixty-seven hundredths of one percent (.67%) sales and use tax approved by voters on April 6, 2002 and currently being levied and collected in the District; and
NOW, THEREFORE, BE IT RESOLVED by the Parish Council, acting as the governing authority of the District:
SECTION 1.That subject to the approval of the State Bond Commission and under and pursuant to the authority conferred by Article VI, Section 30 of the Constitution of the State of Louisiana of 1974, as amended (the “Constitution”), and the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of1950, as amended, and other constitutional and statutory authority, a special election be and the same is hereby called and ordered to be held in Sales Tax District No. One of the Parish of Washington, State of Louisiana (the “District”) on SATURDAY, APRIL6,2013, between the hours of seven (7:00) o'clock a.m. and eight(8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of1950, as amended (La. R.S.18:541), and that at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of the State of Louisiana and the Constitution of the United States of America, the following proposition, to-wit:
PROPOSITION
Shall Sales Tax District No. One of the Parish of Washington, State of Louisiana, under the provisions of Article VI, Section 30 of the Louisiana Constitution of 1974, as amended, and other constitutional and statutory authority, be authorized to rededicate a portion of the proceeds of the .67% tax previously approved on April 6, 2002 (the“Tax”) (an estimated $1,600,000 reasonably expected to be collected from the Tax for one year), 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 within the District, to continue to be levied in perpetuity, with net proceeds of the Tax in excess of that needed first for paying the costs of providing, maintaining, operating, constructing, acquiring and/or improving solid waste disposal facilities and/or services for the District, to be dedicated as follows: (i) 68% shall continue to be dedicated to the Parish for costs of services legally obligated to pay, (ii) 15% shall be dedicated to the Parish for legally mandated criminal justice and public safety system costs; (ii) 3% shall be dedicated to the Parish for the landfill construction costs; and (iv) 12% to the Town of Franklinton, 1% to the Village of Angie and 1% to the Village of Varnado to be used for constructing, maintaining and improving public roads, highways and bridges, as previously dedicated?
SECTION 2.That conditioned on the passage of the rededication of the sales and use tax of sixty-seven hundredths of one percent (.67%) (the “Tax”) at the April 6, 2013 special election authorized pursuant to this Resolution, all avails or proceeds of the Tax, beginning July 1, 2013, shall be dedicated as set forth in Section 1 hereof.
SECTION 3.That, in accordance with La. R.S. 18:1285, there shall be published in TheEra Leader, a weekly newspaper of general circulation within the District, published therein, and being the official journal of the District, once a week for four (4) consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for election, notice of said election, which notice shall be substantially in accordance with the Notice of Special Election annexed hereto as ExhibitA and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 4.That this Parish Council, acting as the governing authority of the District, shall meet at its regular meeting place, the Parish Council’s Office, Washington Parish Courthouse, 1st Floor, Franklinton, Louisiana, on April 22,2013, at 5:30 p.m., and shall then and there, in open and public session, proceed to examine and canvas the returns and declare the result of the said special election.
SECTION 5.That the polling places set forth in the aforesaid Notice of Special Election and situated within the corporate limits of the District be and the same are hereby designated as the polling places at which to hold the said election in accordance with Section1286(A) or Section 1286.1, as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and the Commissioners-in-Charge and Commissioners, respectively, will be those persons designated according to law in accordance with Section1286(A) or Section 1286.1, as the case may be, of Title18 of the Louisiana Revised Statutes of 1950, as amended.
SECTION 6.That the officers designated to serve as Commissioners-in-Charge and Commissioners, respectively, pursuant to Section 5 hereof and in accordance with Section1286(A) or Section 1286.1, as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended, or such substitutes therefor as may be selected and designated in compliance with Section 1287 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, shall hold the said special election as herein provided, shall make due returns of said election for the meeting of the Parish Council, as governing authority of the District, to be held on April 22, 2013, and that the compensation of said officers be and the same is hereby fixed at the sum prescribed by law. All registered voters in the Parish are entitled to vote at the said special election and voting machines shall be used thereat.
SECTION 7.That the Clerk of this Parish Council be and is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election the necessary equipment, forms and other paraphernalia essential to the proper holding of said election.
SECTION 8.That, in accordance with La. R.S. 18:1285(B)(1), certified copies of this Resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish, and the Registrar of Voters in and for the Parish, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 9.That application be and the same is hereby formally authorized to be made to the State Bond Commission for consent and authority to hold the aforesaid special election as herein provided, and that a certified copy of this Resolution shall be forwarded to the State Bond Commission on behalf of this Parish Council, acting as governing authority of Parish, together with a letter requesting the prompt consideration and approval of said application.
SECTION 10.That pursuant to the provisions of La. R.S. 18:1284(C), an estimated $1,600,000 is reasonably expected at this time to be collected from the levy of the Tax for an entire year.
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This Resolution having been submitted to a vote, the vote thereon as was follows:
YEAS: (7) Thomas, Route, Posey, Wheat, Fussell, Nassauer and Johnson
NAYS: (0)
ABSENT: (0)
And the Resolution was declared adopted on this, the 12th day of November,2012.
SIGNATURE______SIGNATURE______
Sharon Lyons, Council ClerkGreg Route, Sr., Council Chairman
1
EXHIBIT A
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted on November 12, 2012 by the Parish Council of the Parish of Washington (the “Parish Council”), acting as governing authority of Sales Tax District No. One of the Parish of Washington, State of Louisiana (the “District”), NOTICE IS HEREBY GIVEN that a special election will be held in the District on SATURDAY, APRIL 6, 2013, and that at the said election there will be submitted to all registered voters of the District, qualified and entitled to vote at the said election under the Constitution and laws of the State of Louisiana and the Constitution of the United States of America, the following proposition, to-wit:
PROPOSITION
Shall Sales Tax District No. One of the Parish of Washington, State of Louisiana, under the provisions of Article VI, Section 30 of the Louisiana Constitution of 1974, as amended, and other constitutional and statutory authority, be authorized to rededicate a portion of the proceeds of the .67% tax previously approved on April 6, 2002 (the“Tax”) (an estimated $1,600,000 reasonably expected to be collected from the Tax for one year), 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 within the District, to continue to be levied in perpetuity, with net proceeds of the Tax in excess of that needed first, for paying the costs of providing, maintaining, operating, constructing, acquiring and/or improving solid waste disposal facilities and/or services for the District, to be dedicated as follows: (i) 68% shall continue to be dedicated to the Parish for costs of services legally obligated to pay, (ii) 15% shall be dedicated to the Parish for legally mandated criminal justice services and facilities and public safety system costs; (ii) 3% shall be dedicated to the Parish for the landfill construction costs; and (iv) 12% to the Town of Franklinton, 1% to the Village of Angie and 1% to the Village of Varnado to be used for constructing, maintaining and improving public roads, highways and bridges, as previously dedicated?
The said special election will be held at the following polling places situated within the corporate limits of the District, which polls will open at seven (7:00) o'clock a.m., and close at eight (8:00) o'clock p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:541), to-wit:
PARISH OF WASHINGTON POLLING PLACES
Ward / Precinct / Location01 / 01 / Experiment Station 41217 Bethel Rd, Franklinton
01 / 02 / Bonner Creek Fire Station 43139 C E Stafford Rd, Franklinton
02 / 01 / Mt. Hermon Library, 36015 Hwy 438, Mt. Hermon
03 / 01 / School Board Office 800 Main St. Franklinton
03 / 02 / Courthouse Annex – Co Agent Office 104 Bene St. Franklinton
03 / 03 / Franklinton High School 1 Demon Circle Franklinton
03 / 03A / Courthouse Annex – Co Agent Office 104 Bene St. Franklinton
03 / 03B / Courthouse Annex – Co Agent Office 104 Bene St. Franklinton
03 / 03C / Franklinton High School 1 Demon Circle Franklinton
04 / 01A / St. Paul AME Church Hall 420 Church St., Bogalusa outside
04 / 02A / Columbia Street Fire Station 300 E. Fifth St., Bogalusa outside
04 / 03 / Byrd Avenue School 1600 Byrd Ave., Bogalusa outside
04 / 03B / LA TECH – Sullivan Campus 1710 Sullivan Dr., Bogalusa outside
04 / 04 / Superior Avenue School 625 Superior Ave., Bogalusa outside
04 / 05 / Senior Citizens Center 603 Willis Ave., Bogalusa outside
04 / 06 / Senior Citizens Center 603 Willis Ave., Bogalusa outside
04 / 07B / Pleasant Hill Fire Station 500 West 8th St., Bogalusa outside
04 / 08 / Lakeview Voting Building 1613 Hwy 10 East, Bogalusa outside
04 / 09 / Denhamtown Elementary School 1101 Avenue M, Bogalusa outside
04 / 09A / Denhamtown Elementary School 1101 Avenue M, Bogalusa outside
04 / 10 / Rio Voting Building 12022 Hwy 1075, Bogalusa
04 / 10A / Rio Voting Building 12022 Hwy 1075, Bogalusa outside
04 / 11 / Rio Voting Building 12022 Hwy 1075, Bogalusa
05 / 01 / Varnado Fire Station 26021 Hwy 21, Angie
05 / 02 / YACC Building 23052 YACC Road, Franklinton
05 / 03 / Varnado Fire Station 26021 Hwy 21, Angie
06 / 01 / District 8 Fire Station 17610 Hwy 16, Franklinton
06 / 02 / District 7 Fire Station 12196 South Choctaw Road, Bogalusa
06 / 03 / District 8 Fire Station 17610 Hwy 16, Franklinton
06 / 04 / Plainview Voting Building 55241 Hwy 60, Bogalusa
07 / 01 / Angie Fire Station 30162 Hwy 21, Angie
07 / 01A / Angie Fire Station 30162 Hwy 21, Angie
07 / 02 / District 4 Fire Station 56143 Mill Road, Franklinton
07 / 03 / Angie Fire Station 30162 Hwy 21, Angie
08 / 01 / District 3 Fire Station 45716 Hwy 38, 8 Miles N of Franklinton
08 / 02 / District 3 Fire Station – Clifton 28128 Winfred Bateman Rd, Franklinton
08 / 03 / Thomas School 30341 Hwy 424, Franklinton
09 / 01 / District 2 Fire Station – Richardson 41280 Hwy 10, Franklinton
The polling places set forth above and situated within the corporate limits of the District be and the same are hereby designated as the polling places in which to hold the said special election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law pursuant to Section1286(A) or Section 1286.1, as the case may be, of Title 18 of the Louisiana Revised Statutes of 1950, as amended.
The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of1950, as amended, and other constitutional and statutory authority supplemental thereto, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with Section 1287 of Title18 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 18:1287), will make due returns thereof to the Parish Council, as governing authority of the Parish, and NOTICE IS HEREBY FURTHER GIVEN that said Parish Council, acting as governing authority of the District, will meet at its regular meeting place, Parish Council’s Office, Washington Parish Courthouse, 1st Floor, Franklinton, Louisiana, on MONDAY, APRIL 22, 2013, at 5:30 p.m., and will then and there in open and public session proceed to examine and canvass the returns and declare the result of the special election. All registered voters in the District are entitled to vote at said special election and voting machines will be used thereat.
STATE OF LOUISIANA
PARISH OF WASHINGTON
I, the undersigned Clerk of the Parish Council of the Parish of Washington, State of Louisiana (the “Parish Council”), as the governing authority of Sales Tax District No. One of the Parish of Washington, State of Louisiana (the “District”), do hereby certify that the foregoing constitutes a true and correct copy of a Resolution adopted by said Parish Council on November 12, 2012, ordering and calling a special election to be held in Sales Tax District No. One of the Parish of Washington, State of Louisiana on April6,2013, for the purpose ofauthorizing the rededication of a portion of the proceeds of the .67% tax previously approved on April 6, 2002 (the “Tax”) (an estimated $1,600,000 reasonably expected to be collected from the Tax for one year), 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 within the District, to continue to be levied in perpetuity, with net proceeds of the Tax in excess of that needed for solid waste to be dedicated as follows: (i) 68% shall continue to be dedicated to the Parish for costs of services legally obligated to pay, (ii) 15% shall be dedicated to the Parish for legally mandated criminal justice and public safety system costs; (iii) 3% shall be dedicated to the Parish for the landfill; and (iv) 12% to the Town of Franklinton, 1% to the Village of Angie and 1% to the Village of Varnado for the purposes previously dedicated; of making application to the State Bond Commission; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and impress of the official seal of said Parish Council at Franklinton, Louisiana, on this, the 12th day of November, 2012.
SIGNATURE______
Sharon Lyons, Clerk
(SEAL)
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