Parish of Franklin, State of Louisiana
June 13, 2019
The following ordinance, was offered by Scott and seconded by Harris:
ORDINANCE NO. 3466
AN ORDINANCE AMENDING AND RESTATING THE ORIGINAL ORDINANCE AUTHORIZING THE ISSUANCE BY THE PARISH OF FRANKLIN, STATE OF LOUISIANA OF ITS TAXABLE SEWER REVENUE BOND (Abe Lincoln/Horace White System), SERIES 2019, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000), PRESCRIBING THE FORM, TERMS AND CONDITIONS OF SAID BONDS; PROVIDING FOR THE PAYMENT THEREOF; ENTERING INTO CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE SECURITY AND PAYMENT OF SAID BONDS; SELLING SAID BONDS TO THE CLEAN WATER STATE REVOLVING FUND; AUTHORIZING THE EXECUTION OF A LOAN AND PLEDGE AGREEMENT AND OTHER LOAN DOCUMENTS WITH THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY; PROVIDING FOR THE DELIVERY OF THE BONDS TO SAID DEPARTMENT; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, this Police Jury, in its capacity as the governing authority (the “Governing Authority”) of the Parish of Franklin, State of Louisiana (the “Parish”) previously adopted Ordinance No. 3464 on November 8, 2018 (the “Original Ordinance”) authorizing the issuance of the Bonds (as defined below);
WHEREAS, this Governing Authority now desires to amend and restate the Original Ordinance in its entirety to provide for the issuance of the Bonds and the sale of the Bonds to the Louisiana Department of Environmental Quality (the “Department”) in accordance with the terms of the Loan Agreement (as herein defined); and
WHEREAS, the Parish, now owns and operates a wastewater collection, treatment and disposal system known as the “Abe Lincoln/Horace White Sewer System” (the “System”) as a revenue-producing work of public improvement, and proposes to pay the cost of rehabilitating and making improvements to four lift stations and a wastewater treatment plant within the System (the “Project”); and
WHEREAS, the Parish proposes to finance a portion of the cost of the Project through the issuance of its Taxable Sewer Revenue Bond (Abe Lincoln/Horace White System), Series 2019, in an amount not to exceed Six Hundred Thousand Dollars ($600,000) (the “Bonds”), payable as to principal and interest from a pledge and dedication of the revenues of the sewerage system, after payment of the reasonable and necessary expenses of operating and maintaining the System, pursuant to 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 and statutory authority supplemental thereto (collectively, the “Act”); and
WHEREAS, pursuant to the authority of the Act the Parish, by a resolution adopted July 19, 2018, acting through this Governing Authority, gave notice of its intention to issue revenue bonds of the Parish in an amount not exceeding $600,000 without the necessity of the holding of an election thereon, and this Governing Authority held a public hearing thereon on October 30, 2018, at which no objections were made to the issuance of such bonds and no petition was filed requesting an election thereon; and
WHEREAS, it is now the desire of the Parish to authorize the issuance of the Bonds in accordance with the terms and provisions of the Act and for the purposes set forth above; and
WHEREAS, at this time, the Parish has no outstanding indebtedness that is payable from a pledge and dedication of the user fees collected from customers of the System (the “User Fees”); and
WHEREAS, the United States of America, pursuant to the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, specifically Subchapter VI, Chapter 26 of Title 33 of the United States Code (the “Federal Act”), is authorized to make capitalization grants to states to be used for the purpose of establishing a water pollution control revolving fund for providing assistance (i) for construction of treatment works (as defined in Section 1292 of the Federal Act) which are publicly owned, (ii) for implementing a management program under Section 1329 of the Federal Act and (iii) for developing and implementing a conservation and management plan under Section 1330 of the Federal Act; and
WHEREAS, the State of Louisiana (the “State”), pursuant to Subtitle II, Chapter 14 of Title 30 of the Louisiana Revised Statutes of 1950, as amended, specifically La. R.S. 30:2301, et seq.) (the “State Act”), has established a Clean Water State Revolving Fund (the “State Revolving Fund”) in the custody of the Department to be used for the purpose of providing financial assistance for the improvement of wastewater treatment facilities in the State, as more fully described in Section 2302 of the State Act, and has authorized the Department to administer the State Revolving Fund in accordance with applicable federal and state law; and
WHEREAS, the Parish has made application to the Department for a loan from the State Revolving Fund to finance a portion of the costs of the Project and the Department has approved the Parish’s application for such loan; and
WHEREAS, the Bonds will be issued to represent the Parish’s obligation to repay the loan from the State Revolving Fund; and
WHEREAS, the Parish desires to fix the details necessary with respect to the issuance, sale and delivery of the Bonds, and to provide for the authorization and issuance thereof, as hereinafter provided;
NOW, THEREFORE, BE IT ORDAINED by the Governing Authority of the Parish, that:
Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise et seq:
“Act” means 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 supplemental thereto.
“Additional Parity Bonds” shall mean any pari passu additional bonds that may hereafter be issued pursuant to Section 19 hereof on a parity with the Bonds with respect to the Net Revenues of the System, but shall not include additional bonds payable from the revenues of other utilities systems, if any, owned by the Parish.
“Administrative Fee” means the annual fee equal to one-half of one percent (0.50%) per annum of the outstanding principal amount of the Bonds, or such lesser amount as the Department may approve from time to time, which shall be payable each year in two equal semi-annual installments on each Interest Payment Date.
“Authorized Officers” means collectively President and Secretary of the Governing Authority, or such other person or persons authorized pursuant to a resolution and/or ordinance of the Governing Authority to act as an authorized officer of the Parish to perform any act or execute any document relating to the Loan, the Bonds or the Loan Agreement.
“Bond” or “Bonds” means the Parish’s Taxable Sewer Revenue Bond (Abe Lincoln/Horace White System), Series 2019, issued by this Bond Ordinance in the total aggregate principal amount of not exceeding Six Hundred Thousand Dollars ($600,000), and any bond of said issue, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued.
“Bond Register” means the registration books of the Paying Agent (initially the Secretary of the Parish), in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
“Bond Ordinance” means this Amended and Restated Ordinance authorizing the issuance of the Bonds.
“Bond Year” means the one year period ending on each Principal Payment Date.
“Business Day” means a day of the year on which banks located in the City of New Orleans are not et seq. or authorized to remain closed and on which the New York Stock Exchange is not closed.
“Completion Date” means the earlier of (i) the date of the final disbursement of the purchase price of the Bonds to the Parish, or (ii) the date the operation of the Project is initiated or capable of being initiated, as certified by an Authorized Officer in accordance with the Loan Agreement.
“Consulting Engineer” means a regionally known consulting engineer or firm of consulting engineers with skill and experience in the construction and operation of publicly owned drinking water and wastewater disposal systems.
“Defeasance Obligations” shall mean (i) cash, or (ii) non-callable Government Securities.
“Department” means the Louisiana Department of Environmental Quality, an executive department and agency of the State of Louisiana, and any successor to the duties and functions thereof.
“Fiscal Year” means the Parish’s one-year accounting period determined from time to time by the Governing Authority as the fiscal year of the Parish, currently being the year ending each December 31.
“Governing Authority” means the Police Jury of the Parish of Franklin, State of Louisiana.
“Government Securities” means direct obligations of, or obligations the timely payment of the principal of and interest on which are fully and unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity and may be United States Treasury Obligations such as the State and Local Government Series and may be in book entry form.
“Interest Payment Date” means each June 1 and December 1, commencing December 1, 2019, or such other semi-annual payment dates as may be approved by the Authorized Officers in the manner set forth in Section 2.
“Loan” means the loan made by the Department from the Clean Water State Revolving Fund to the Parish pursuant to the Loan Agreement, the obligation to repay which Loan is evidenced by the Bonds.
“Loan Agreement” means the Loan and Pledge Agreement to be entered into by and between the Department and the Parish prior to the delivery of the Bonds, in substantially the form attached hereto as Exhibit B, which will contain certain additional agreements relating to the Bonds and the Project, as it may be supplemented or amended from time to time in accordance with the provisions thereof.
“Net Revenues” means the income and revenues derived or to be derived from the operation of the Abe Lincoln/Horace White System, as now existing and as constructed, acquired, extended and improved with the proceeds of the Bond or as the System shall hereafter be improved, extended or supplemented from any source whatsoever while the Bond remains outstanding, including, specifically, all properties of every nature owned by the Parish and used or useful in the operation of the System, including real estate, personal and intangible properties, contracts, franchises, leases and choses in action, after the payment therefrom of the reasonable and necessary expenses of operating and maintaining the System (excluding depreciation).
“Outstanding” when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Bond Ordinance, except:
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
(b) Bonds for whose payment or prepayment sufficient funds have been theretofore deposited in trust for the Owners of such Bonds as provided in Section 27 herein provided that, if such Bonds are to be prepaid, irrevocable notice of such prepayment has been duly given or provided for pursuant to this Bond Ordinance, to the satisfaction of the Paying Agent, or waived;
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Bond Ordinance; and
(d) Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Bond Ordinance.
“Owner” or “Owners” when used with respect to any Bond means the Person in whose name such Bond is registered with the Secretary of the Parish.
“Parish” means the Parish of Franklin, State of Louisiana, a political subdivision of the State of Louisiana, and its successors or assigns.
“Paying Agent” means the chief financial officer of the Parish, initially the Secretary of the Governing Authority, unless and until a successor Paying Agent shall have assumed such responsibilities pursuant to this Bond Ordinance.
“Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.
“Principal Payment Date” means each June 1 (or such other annual payment date as may be approved by the Authorized Officers in the manner set forth in Section 2), commencing not later than one year after the completion of the Project and the final payment date to fall not exceeding nineteen years from the first principal payment date thereafter for a total of twenty (20) consecutive annual payment dates, providing that in no event shall the final maturity of the Bonds be more than twenty-two (22) years from the date of the Bonds.
“Purchaser” means the Department, being the original purchaser of the Bonds.
“Project” means the acquisition and construction of additions, extensions and improvements to the System, including equipment and fixtures, which shall constitute a work of public improvement for the Parish, and as further described in the Loan Agreement.
“Qualified Investments” shall mean the following, provided that the same are at the time legal for investment of the Parish’s funds and, if required by law, are secured at all times by collateral described in clause (a) below:
(a) Government Securities, including obligations of any of the federal agencies set forth in clause (b) below to the extent unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) of the character described in this clause (a);
(b) bonds, debentures or other evidences of indebtedness issued by the Private Export Funding Corporation, Federal Home Loan Bank System, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association and Student Loan Marketing Association;
(c) certificates of deposit, whether negotiable or nonnegotiable, issued by any bank or trust company organized under the laws of the State or any national banking association having its principal office in the State which is a member of the Federal Deposit Insurance Corporation and which are secured at all times by collateral described in clause (a) above;
(d) certificates of deposit, savings accounts, deposit accounts or money market deposits of any bank or trust company organized under the laws of the State or any national banking association having its principal office in the State which are fully insured by the Federal Deposit Insurance Corporation; and
(e) the Louisiana Asset Management Pool (LAMP).
“Record Date” for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date, whether or not such day is a Business Day.
“Reserve Fund Requirement” means as of any date of calculation, a sum equal to one-half of the maximum principal and interest requirements for any succeeding Bond Year on the Bonds. The Reserve Fund Requirement for any issue(s) of Additional Parity Bonds shall be defined in the resolution(s) and/or ordinance(s) authorizing the issuance of such Additional Parity Bonds.
“System” means the wastewater collection, treatment and disposal system known as the “Abe Lincoln/Horace White Sewer System” of the Parish, as now existing and as constructed, acquired, extended and improved with the proceeds of the Bonds or as said wastewater collection, treatment and disposal system shall hereafter be improved, extended or supplemented from any source whatsoever while any of the Bonds remain outstanding, including, specifically, all properties of every nature owned by the Parish and used or useful in the operation of said wastewater collection, treatment and disposal system, including real estate, personal and intangible properties, contracts, franchises, leases and choses in action.
Authorization of Bonds. In compliance with and under the authority of the Act, there is hereby authorized the incurring of an indebtedness of not exceeding Six Hundred Thousand Dollars ($600,000) for, on behalf of and in the name of the Parish, for the purpose of financing the Project and for paying costs of issuance, as defined in the Act. To represent the said indebtedness, the Parish does hereby authorize the issuance of its “Taxable Sewer Revenue Bond (Abe Lincoln/Horace White System), Series 2019,” in an amount not to exceed Six Hundred Thousand Dollars ($600,000). The Bonds shall be initially issued in the form of a single fully registered Bond numbered R-1, shall be dated the date of delivery thereof and shall be in substantially the form attached hereto as Exhibit “A”.
The Authorized Officers may approve a different series designation if the Bonds are delivered after the end of 2019 or if it is in their sole judgment preferable to do so. The Authorized Officers may also approve different semi-annual interest payment dates (e.g. January 1 & July 1, February 1 & August 1, etc.) as well as a different annual principal payment date if it is their sole judgment preferable to do so when the actual delivery date of the Bonds is known, provided that the final maturity date of the Bonds is no later than twenty-two (22) years from the date of delivery.
The Bonds shall be entitled to principal forgiveness of up fifty percent (50%) of the total amount of draws on the Bonds, as more fully described in the Loan Agreement.
The Bonds shall mature in twenty (20) installments of principal, payable annually on each June 1, and each annual installment shall be the applicable percentage shown in the following table, rounded to the nearest One Thousand Dollars ($1,000), of the outstanding principal amount of the Bonds (taking into account any principal forgiveness) on the day before the applicable Principal Payment Date:
Date Percentage Date Percentage (June 1) of Principal (June 1) of Principal
2020 4.564% 2030 9.580%
2021 4.827 2031 10.696
2022 5.120 2032 12.090
2023 5.448 2033 13.884
2024 5.817 2034 16.275
2025 6.235 2035 19.624
2026 6.712 2036 24.647
2027 7.264 2037 33.019
2028 7.907 2038 49.764
2029 8.667 2039 100.000
In the event that the Completion Date of the Project is on or after the first Principal Payment Date stated in the Bonds, the principal payment schedule set forth above may be adjusted so that each payment shall be due on the June 1 that is one year later than shown above, provided that in no event shall the final principal payment be more than twenty-two (22) years from the Delivery Date. To exercise the option to defer the principal repayment schedule, the Parish must so notify the Department in writing prior to December 1, 2019, and certify that the Completion Date will not have occurred prior to June 1, 2020.
The unpaid principal of the Bonds shall bear interest from the date thereof, or the most recent Interest Payment Date to which interest has been paid or duly provided for, at the rate of forty-five hundredths of one percent (0.45%) per annum, said interest to be calculated on the basis of a 360-day year consisting of twelve 30-day months and payable on each Interest Payment Date. Interest on the Bonds on any Interest Payment Date shall be payable only on the aggregate amount of the purchase price which shall have been paid theretofore to the Parish and is outstanding and shall accrue with respect to each purchase price installment only from the date of payment of such installment.
In addition to interest at the rate set forth above, at any time that the Department owns the Bonds the Parish will pay the Administrative Fee to the Department on each Interest Payment Date. In the event (i) the Department owns any Bonds or the Department has pledged or assigned any Bonds in connection with its Clean Water State Revolving Fund and (ii) the Administrative Fee payable by the Parish to the Department under the terms of the Loan Agreement is declared illegal or unenforceable by a court or an administrative body of competent jurisdiction, the interest rate borne by the Bonds shall be increased by one-half of one percent (0.50%) per annum, effective as of the date declared to be the date from which the Administrative Fee is no longer owed because of such illegality or unenforceability. The Administrative Fee shall be calculated in the same manner as interest on the Bonds.
Prepayment. The principal installments of the Bonds are subject to prepayment at the option of the Parish at any time, in whole or in part, at a prepayment price of par plus accrued interest and accrued Administrative Fee, if any, to the prepayment date and in such case the remaining principal of the Bonds shall continue to mature in installments calculated using the percentages shown in Section 2 above. Official notice of such call for prepayment shall be given by means of first class mail, postage prepaid by notice deposited in the United States Mail not less than thirty (30) days prior to the prepayment date addressed to the Owner of each Bond to be prepaid at his address as shown on the registration records of the Paying Agent. In the event a portion of the Bonds is to be prepaid, such Bonds shall be surrendered to the Paying Agent, who shall note the date and amount of such prepayment in the space provided therefor on the Bonds.
Security for Payment of Bonds. The Bonds shall be secured and payable in principal and interest exclusively by a pledge of the Net Revenues. The Net Revenues are hereby irrevocably and irrepealably pledged in an amount sufficient for the payment of the Bond in principal and interest as the installments thereof fall due, and the income and revenues thus pledged shall remain so pledged for the security of the Bond in principal and interest until they shall have been fully paid and discharged.
In providing for the issuance of the Bonds, the Parish does hereby covenant and warrant that it is lawfully seized and possessed of the System, that it has a legal right to pledge the Net Revenues as herein provided, that the Bonds will have a lien and privilege on the Net Revenues subject only to the prior payment from the income and revenues of the System (or from other lawfully available sources) of all reasonable and necessary expenses of operation and maintenance of the System, and that the Parish will at all times maintain the System in first-class repair and working order and condition.
Bond Ordinance a Contract. The provisions of this Bond Ordinance shall constitute a contract between the Parish and the Owner or Owners from time to time of the Bonds, and any such Owner may by suit, action, mandamus or other proceedings, enforce the statutory lien provided by the Act as well as the security for the Bonds provided in this Bond Ordinance, and may by suit, action, mandamus, or other proceedings enforce and compel performance of all of the duties required to be performed by the Governing Authority as may be provided for in this Bond Ordinance.
Notwithstanding the foregoing, no member of the Governing Authority or any officer or employee of the Parish, or any person executing the Bonds shall be personally liable on the Bonds.
Sale and Delivery of Bonds. The Bonds are hereby awarded to and sold to the Department at a price of par plus accrued interest, if any, under the terms and conditions set forth in the Loan Agreement, and after their execution the Bonds shall be delivered to the Department or its agents or assigns, upon receipt by the Parish of the agreed first advance of the purchase price of the Bonds. . Pursuant to R.S. 39:1426(B), the Parish has determined to sell the Bonds at a private sale without necessity of publication of a notice of sale. It is understood that the purchase price of the Bonds will be paid by the Department to the Parish in installments, in the manner and under the terms and conditions set forth in the Loan Agreement.
Manner of Payment. The principal and interest on the Bonds will be payable by check mailed by the Paying Agent to the Owner (determined as of the Interest Payment Date) at the address shown on the registration books kept by the Paying Agent for such purpose, provided that payment of the final installment of principal on the Bonds shall be made only upon presentation and surrender of the Bonds to the Paying Agent.
Execution of Bonds and Documents. The Authorized Officers are each hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Bond Ordinance, to execute and deliver the Loan Agreement, and to cause the Bonds to be prepared and/or printed, to issue, execute and seal the Bonds and to effect delivery thereof as hereinafter provided. If facsimile signatures are used on the Bonds, then such signatures shall be registered with the Louisiana Secretary of State in the manner required by La. R.S. 39:244, provided that at least one signature on each Bond shall be a manual signature.
In connection with the issuance and sale of the Bonds, the Authorized Officers are each authorized, empowered and directed to execute on behalf of the Parish such additional documents, certificates and instruments as they may deem necessary, upon the advice of counsel, to effect the transactions contemplated by this Bond Ordinance, including a Commitment Agreement with the Department. The signatures of said officers on such documents, certificates and instruments shall be conclusive evidence of the due exercise of the authority granted hereunder.
Registration. The Parish shall cause the Bond Register to be kept at the principal office of the Paying Agent in which registration of the Bonds and transfers of the Bonds shall be made as provided herein. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Parish. The Bonds may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bond after receipt of the Bond to be transferred in proper form.
Effect of Registration. The Parish, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and prepayment price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Parish, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
Recital of Regularity. This Governing Authority, having investigated the regularity of the proceedings had in connection with this issue of Bonds, and having determined the same to be regular, the Bonds shall contain the following recital, to wit:
“It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.”
Deposit of Bond Proceeds. The proceeds derived from the sale of the Bonds shall constitute a trust fund to be used exclusively for the purposes for which the Bonds are herein authorized to be issued, but the purchaser of the Bonds shall not be obliged to see to the application thereof. All of the proceeds derived from the sale of the Bonds, which shall be paid in installments by the Department in the manner set forth in the Loan Agreement, shall be deposited by the Parish in a Construction Fund (the “Construction Fund”). The funds in the Construction Fund shall be used solely for the purpose of paying costs of the Project, in the manner set forth in the Loan Agreement, and costs of issuance, as defined in the Act.
Davis-Bacon Wage Rate Requirements. The Parish agrees that all laborers and mechanics employed by contractors and subcontractors on the portion of the project that is funded in whole or in part with the Bonds purchased by the Department shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality of the Parish as determined by the Clerk of the United States Department of Labor (“DOL”) in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code. DOL provides all pertinent information related to compliance with the foregoing requirements, including prevailing wage rates and instructions for reporting. The Parish will ensure that all construction contracts relating to the portion of the Project that is funded in whole or in part with Bonds purchased by the Department will require that the contractor comply with the aforesaid wage and reporting requirements This section shall not apply to situations where the Parish may perform construction work using its own employees rather than any contractor or subcontractor.
Flow of Funds. In order that the principal of and the interest on the Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Parish covenants as follows:
All of the income and revenues derived or to be derived by the Parish from the operation of the System shall continue to be deposited daily as the same may be collected in a separate and special bank account with the regularly designated fiscal agent bank of the Parish, and designated as the “Abe Lincoln/Horace White Sewerage System Revenue Fund” (the “Revenue Fund”), said Fund to be maintained and administered in the following order of priority and for the following express purposes:
(a) The payment of, first, all reasonable and necessary expenses of operating and maintaining the System.
(b) The maintenance of the “Abe Lincoln/Horace White Sewer Revenue Bond Debt Service Fund” (the “Debt Service Fund”), sufficient in amount to pay promptly and fully the principal of and the interest on the Bonds and any Additional Parity Bonds issued hereafter in the manner provided by this Bond Ordinance, as they severally become due and payable, by transferring from the Revenue Fund to the Debt Service Fund, monthly in advance on or before the 20th day of each month of each year, a sum equal to the pro-rata amount of interest falling due on the Bonds and any Additional Parity Bonds on the next Interest Payment Date and the pro-rata amount of the principal falling due on the Bonds and any Additional Parity Bonds on the next principal payment date, together with such additional proportionate sum as may be required to pay said principal and interest as the same respectively become due. The Parish shall transfer or cause to be transferred from the Debt Service Fund to the paying agent(s) for all bonds payable from the Debt Service Fund, at least one (1) day in advance of the date on which payment of principal or interest falls due, immediately available funds fully sufficient to pay promptly the principal and interest so falling due on such date.
If Additional Parity Bonds are hereinafter issued by the Parish in the manner provided in this Bond Ordinance, moneys in the Debt Service Fund shall be equally available to pay principal and interest on such Additional Parity Bonds, and payments into the Debt Service Fund shall be increased as provided in the resolution and/or ordinance authorizing the issuance of such Additional Parity Bonds. Said fiscal agent bank shall transfer from the Debt Service Fund to any paying agent or pay directly to the owner, for all bonds payable from the said Debt Service Fund, at least three (3) days in advance of the date on which each payment of principal or interest falls due, funds fully sufficient to pay promptly the principal and/or interest so falling due on such date; except, if payment is made by electronic debit, then such payment shall be made no later than 11:00 a.m. Louisiana time on the day such payment is due.
(c) The maintenance of the “Abe Lincoln/Horace White Sewer Revenue Bond Reserve Fund” (the “Reserve Fund”), containing an account for the Bonds designated the “Series 2019 Account” (or such other designation that will identify such account with the Bonds) which shall be funded monthly in advance on or before the 20th day of each month of each year, commencing with the month following the delivery of the Bonds, with a sum at least equal to at least twenty five percent (25%) of the amount to be paid into the Debt Service Fund with respect to the Bonds, the payments into the Series 2019 Account to continue until such time as there has been accumulated in the Series 2019 Account a sum equal to the Reserve Fund Requirement, as defined above. Moneys in the Series 2019 Account shall be used to secure and make payments solely on the Bonds (and not on any other issues) as to which there would otherwise be default.
In the event that Additional Parity Bonds are issued, then the Parish may establish additional accounts for each such series of Additional Parity Bonds if required in connection with the issuance of such Additional Parity Bonds, each such account to be designated as the “Series (insert series designation) Account.” The money in the accounts of Reserve Fund shall be retained solely for the purpose of paying the principal of and interest on the respective series of bonds payable from the Debt Service Fund as to which there would otherwise be default (initially the Bonds). With respect to accounts that may be required in connection with the issuance of Additional Parity Bonds, the Parish shall fund such accounts by transferring from the proceeds of such series or from the Revenue Fund (after making all required payments from said fund as hereinabove described), such amounts as will increase the total amount on deposit in each account in the Reserve Fund to a sum equal to the reserve fund requirement, if any, designated and established for such series of Additional Parity Bonds.
(d) The maintenance of the “Abe Lincoln/Horace White Sewer Revenue Bond Depreciation and Contingencies Fund” (the “Contingencies Fund”) to care for extensions, additions, improvements, renewals and replacements necessary to properly operate the System, by transferring from funds in the Revenue Fund after making the payments et seq.by (a), (b) and (c) above to the Contingencies Fund monthly on or before the 20th day of each month of each year, a sum equal to five percent (5%) of the Net Revenues for the preceding month, provided that such sum is available after provision is made for the payments required under paragraphs (a), (b) and (c) above. Such payments into the Contingencies Fund shall continue until such time as there has been accumulated in the Contingencies Fund the sum of Twenty-Five Thousand Dollars ($25,000), whereupon such payments may cease and need be resumed thereafter only if the total amount of money on deposit in said fund is reduced below the sum of Twenty-Five Thousand Dollars ($25,000), in which event such payments shall be resumed and continue until said maximum amount is again accumulated. In addition to caring for extensions, additions, improvements, renewals and replacements necessary to properly operate the System, the money in the Contingencies Fund may also be used to pay the principal of and the interest on the Bonds for the payment of which there is not sufficient money in the Debt Service Fund and Reserve Fund described in paragraphs (b) and (c) above, but the money in said Contingencies Fund shall never be used for the making of improvements and extensions to the System or for payment of principal or interest on Bonds if the use of said money will leave in said Contingencies Fund for the making of emergency repairs or replacements less than the sum of Twenty-Five Thousand Dollars ($25,000).
Any moneys remaining in the Revenue Fund on the 25th day of each month after making the required payments described in (a), (b), (c) and (d) above for the current month and for prior months during which the required payments may not have been made, shall be considered as surplus. Such surplus may be used by the Parish for any lawful purpose, including retiring Bonds in advance of their maturities, either by purchase of Bonds then outstanding at prices not greater than the prepayment prices of said Bonds, or by prepaying such Bonds at the prices and in the manner set forth in this Bond Ordinance.
Replenishment of Funds. If at any time it shall be necessary to use moneys in any account of the Reserve Fund, if any, or the Contingencies Fund for the purpose of paying principal of or interest on bonds payable from the Debt Service Fund as to which there would otherwise be default, then the moneys so used shall be replaced from the revenues of the System first thereafter received, not hereinabove required to be used for the purposes described in (a) and (b) above. If at any time there are sufficient moneys on deposit in the Debt Service Fund, Reserve Fund and Contingencies Fund to retire all outstanding bonds payable from the Debt Service Fund by defeasance, by exercising the prepayment option provided by such bonds or by purchase on the open market, the Parish may utilize such funds for such purpose. If more than one account of the Reserve Fund is et seq.to be replenished, then such replenishment shall be made ratably to each such account in proportion to the remaining amount that is et seq.to be so replenished.
Notification of Deficiencies. As required by 39:1410.62 or similar authority, the Parish will notify the State Bond Commission in writing, whenever (i) any required deposit to the Debt Service Fund has not been made within five business days of when due or (ii) the principal, interest, premium, or any other payment due on the Bonds (including the Administrative Fee) has not been made within five business days of when due.
Investments. All or any part of the moneys in the Revenue Fund and the Debt Service Fund shall at the written request of the Governing Authority be invested in Qualified Investments and all of the moneys in the Reserve Fund shall be invested in Government Securities maturing in five (5) years or less, in which event all income derived from such investments shall be added to the Revenue Fund, with the exception that any interest earnings from invested funds of the Reserve Fund shall be retained therein until an amount equal to the Reserve Fund Requirement is on deposit therein, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the respective fund has been created.
Rate Covenant. The Parish, through its Governing Authority, by proper resolution(s) and/or ordinance(s), hereby covenants to fix, establish and maintain such rates and collect such fees, rents or other charges for the services and facilities of the System, and all parts thereof, and to revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to pay the reasonable and necessary expenses of operating and maintaining the System in each year, the principal and interest maturing on the Bonds in each year, all reserves or sinking funds or other payments required for such year by this Bond Ordinance, and all other obligations or indebtedness payable out of the revenues of the System for such year, and which will provide revenues in each year, after paying all reasonable and necessary expenses of operating and maintaining the System, at least equal to 125% of the largest amount of principal and interest maturing on the Bonds in any future Bond Year and on any Additional Parity Bonds hereafter issued as provided herein.
In the event and to the extent that the revenues of the System are insufficient to satisfy the obligations payable from the funds and accounts described in Section 14 above, or the rate covenant contained in this Section, the Parish may take into account other lawfully available sources of funding, provided that the amount of such funding shall be actually budgeted for such purposes at the beginning of each Fiscal Year.
Issuance of Refunding and Additional Parity Bonds. All of the Bonds issued hereunder shall enjoy complete parity of lien on the Net Revenues and moneys in the Debt Service Fund, despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. The Parish, acting through its governing authority, hereby covenants that it will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Net Revenues or moneys in the Debt Service Fund or any account in the Reserve Fund having priority over or parity with the Bonds, except that Additional Parity Bonds may hereafter be issued on a parity with the Bonds under the following conditions:
(a) The Bonds, or any part thereof, including interest, may be refunded, and the refunding bonds so issued shall enjoy complete equality of lien with the portion of Bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Bonds refunded; provided, however, that if only a portion of the Bonds outstanding is so refunded and the refunding bonds require total principal and interest payments during any Bond Year in excess of the principal and interest which would have been required in such year to pay the Bonds refunded thereby, then such Bonds may not be refunded without the consent of the owners of the unrefunded portion of the Bonds (provided that such consent shall not be required if the refunding bonds meet the requirements of (b) below instead).
(b) Additional Parity Bonds may also be issued on a parity with the Bonds if all of the following conditions are met:
(i) The average Net Revenues for the two (2) completed Fiscal Years immediately preceding the issuance of such Additional Parity Bonds is equal to at least one hundred twenty-five percent (125%) of the highest combined principal and interest payments in any succeeding Fiscal Year on the Bonds and the proposed Additional Parity Bonds, and any other bonds then outstanding which are payable from the Net Revenues of the System (but not including bonds which have been refunded or provisions otherwise made for their full and complete payment and redemption), and the Additional Parity Bonds so proposed to be issued. In making the calculation required by this subparagraph (b)(i), if the Parish has adopted higher rates for services of the System on or before the date of issuance of the Additional Parity Bonds, then the calculation of average annual Net Revenues for the previous two completed Fiscal Years may be made assuming such higher rates had been in effect during such period.
(ii) There must be no delinquencies in the payments required to be made into the various funds provided in Section 14 hereof.
(iii) The existence of the facts required by paragraphs (i) and (ii) above must be determined and certified to by the President of the Governing Authority and the chief financial officer of the Parish, or by an independent firm of certified public accountants.
(iv) The proceeds of the Additional Parity Bonds must be used solely for the making of improvements, extensions, renewals, replacements or repairs to the System, or for refunding prior bonds issued for such purposes.
(v) If required in connection with the issuance of the Additional Parity Bonds, the Parish shall make provisions in the resolution(s) and/or ordinance(s) authorizing such Additional Parity Bonds for the establishment and funding of a separate account in the Reserve Fund with respect to such Additional Parity Bonds in accordance with Section 14(c) above.
(vi) No Additional Parity Bonds may be issued should any event of default under this Bond Ordinance have occurred and be continuing.
(vii) The Additional Parity Bonds shall be payable annually as to principal on the same Principal Payment Date as the Bonds and payable as to interest semi-annually on the same Interest Payment Dates as the Bonds, or shall be payable in monthly installments of both principal and interest.
Schedule of Rates and Charges. The Parish may alter, amend or repeal from time to time any resolution(s) and/or ordinance(s) establishing a schedule of rates and charges for the services and facilities to be rendered by the System, said alterations, amendments or repeals to be conditioned upon the preservation of the rights of the owners of the Bonds with respect to the income and revenues of the System, not alone for the payment of the principal of and the interest on the Bonds, but to insure that the income and revenues of the System shall be sufficient at all times to fulfill the other provisions specified in Section 14 hereof. No discrimination shall be made as to rates and charges for the services and facilities of the System as between users of the same type or class.
The Parish shall fix and maintain rates and collect charges for all services and facilities to be rendered by the System, irrespective of the user thereof, and no free services or facilities shall be furnished to any person, association of persons, or corporation, public or private, or even to the Parish itself.
The Parish further agrees that the failure of any individual, partnership, corporation or other entity to pay said charge for any service rendered by the System within fifteen (15) days of the date on which it is due shall cause such charge to become delinquent; that if such delinquent charge, with interest and penalties accrued thereon, is not paid within fifteen (15) days from the date on which it became delinquent, the Parish will take steps to cause water service to be shut off to the affected premises; and that the Parish and this Governing Authority and its officials, agents and employees will do all things necessary and will take advantage of all remedies afforded by law to collect and enforce the prompt payment of all charges made for services rendered by the System. All delinquent charges for service shall on the date of delinquency have added thereto a penalty in such amount as may be determined by this Governing Authority, and the amount so due, including the penalty charge, may, in the discretion of this Governing Authority, after ten (10) days from the date of the delinquency, bear interest at a reasonable rate to be established by the Governing Authority, which rate shall not be less than six per centum (6%) per annum. If services are discontinued as above provided, the customer shall, in addition to paying the delinquent charges, penalties and interest, pay as a condition precedent to the resumption of service a reasonable reconnection charge.
It is further understood and agreed that the schedule of rates, fees, rents and other charges being charged as of the date of the adoption of this Bond Ordinance for services and facilities rendered by the System shall remain in effect and neither said existing schedule nor any subsequent schedule shall be reduced at any time unless all payments required for all funds by this Bond Ordinance, including any deficiencies for prior payments, have been fully made, and unless such schedule as so reduced will in each year thereafter produce sufficient revenues to meet and fulfill the other provisions stated and specified in Section 14 of this Bond Ordinance.
Rights of Bondholders; Appointment of Receiver in Event of Default. The Owners from time to time shall be entitled to exercise all rights and powers for which provision is made in the laws of the State of Louisiana. Any Owners or any trustee acting for such Owners in the manner hereinafter provided, may, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Louisiana, or granted and contained in this Bond Ordinance, and may enforce and compel the performance of all duties required by this Bond Ordinance, or by any applicable statutes to be performed by the Parish or by any agency, board or officer thereof, including the fixing, charging and collecting of rentals, fees or other changes for the use of the System and in general to take any action necessary to most effectively protect the right of the Owners.
In the event that default shall be made in the payment of the interest on or the principal of any of the Bonds as the same shall become due, or in the making of the payments into any of the funds or accounts described in Section 14 above, or any other payments required to be made by this Bond Ordinance, or in the event that the Parish or any agency, board, officer, agent or employee thereof shall fail or refuse to comply with the provisions of this Bond Ordinance or shall default in any covenant made herein, and in the further event that any such default shall continue for a period of thirty (30) days after written notice, any Owner of such Bonds or any trustee appointed to represent such Owners as hereinafter provided, shall be entitled to the appointment of a receiver of the System in an appropriate judicial proceeding in a court of competent jurisdiction.
The receiver so appointed shall forthwith directly or by his agents and attorneys, enter into and upon and take possession of the System, and each and every part thereof, and shall hold, operate and maintain, manage and control the System, and each and every part thereof, and in the name of the Parish shall exercise all the rights and powers of the Parish with respect to the System as the Parish itself might do. Such receiver shall collect and receive all rates, fees, rentals and other revenues, shall maintain and operate the System in the manner provided in this Bond Ordinance, and shall comply under the jurisdiction of the court appointing such receiver, with all of the provisions of this Bond Ordinance.
Whenever all that is due upon the Bonds and interest thereon, and under any covenants of this Bond Ordinance for reserve, sinking or other funds, and upon any other obligations and interest thereon, having a charge, lien or encumbrance upon the fees, rentals or other revenues of the System, shall have been paid and made good, and all defaults under the provisions of this Bond Ordinance shall have been cured and made good, possession of the System shall be surrendered to the Parish upon the entry of an order of the court to that effect. Upon any subsequent default, any Owner of Bonds, or any trustee appointed for Owners as hereinafter provided, shall have the same right to secure the further appointment of a receiver upon any such subsequent default.
Such receiver, in the performance of the powers hereinabove conferred upon him by and under the direction and supervision of the court making such appointment, shall at all times be subject to the orders and decrees of such court, and may be removed thereby and a successor receiver appointed in the discretion of such court. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any function not specifically set forth herein.
Any receiver appointed as provided herein shall hold and operate the System in the name of the Parish and for the joint protection and benefit of the Parish and the Owners. Such receiver shall have no power to sell, assign, mortgage or otherwise dispose of any property of any kind or character belonging or pertaining to the System but the authority of such receiver shall be limited to the possession, operation and maintenance of the System for the sole purpose of the protection of both the Parish and the Owners and the curing and making good of any default under the provisions of this Bond Ordinance, and the title to and the ownership of the System shall remain in the Parish, and no court shall have any jurisdiction to enter any order or decree permitting or requiring such receiver to sell, mortgage or otherwise dispose of any property of the System except with the consent of the Parish and in such manner as the court shall direct.
The Owner or Owners of Bonds in an aggregate principal amount of not less than twenty-five percent (25%) of the Bonds then outstanding may by a duly executed certificate appoint a trustee for the Owners with authority to represent such Owners in any legal proceedings for the enforcement and protection of the rights of such Owners. Such certificate shall be executed by such Owners, or by their duly authorized attorneys or representatives, and shall be filed in the office of the Secretary of the Parish.
UNTIL AN EVENT OF DEFAULT SHALL HAVE OCCURRED, THE Parish SHALL RETAIN FULL POSSESSION AND CONTROL OF THE SYSTEM WITH FULL RIGHT TO MANAGE, OPERATE AND USE THE SAME AND EVERY PART THEREOF WITH THE RIGHTS APPERTAINING THERETO, AND TO COLLECT AND RECEIVE AND, SUBJECT TO THE PROVISIONS OF THIS BOND ORDINANCE, TO TAKE, USE AND ENJOY AND DISTRIBUTE THE EARNINGS, INCOME, RENT, ISSUE AND PROFITS ACCRUING ON OR DERIVABLE FROM THE SYSTEM.
Specific Covenants. The Parish does hereby covenant and warrant so long as any of the Bond is outstanding and unpaid in principal and/or interest:
That it is or will be lawfully seized and possessed of the System, that it has a legal right to pledge the income and revenues of the System as herein provided, and that the Bond will have a lien and privilege on said income and revenues, subject only to the prior payment of all reasonable and necessary expenses of operating and maintaining the System.
That it will at all times maintain the System in first-class repair and working order and condition.
That it will carry full coverage of insurance on the System at all times against those risks and in those amounts normally carried by privately owned public utility companies engaged in the operation of such utilities. Said policies of insurance shall be issued by a responsible insurance company or companies duly licensed to do business under the laws of the State of Louisiana. In case of loss, any insurance money received by the Parish shall be used for the purpose of promptly repairing or replacing the property damaged or destroyed.
That it will not sell, lease or in any manner dispose of the System or any substantial part thereof, provided that the Parish may dispose of property which in its judgment is worn-out, unserviceable, unsuitable, or unnecessary in the operation of the System, when other property of equal value is substituted therefor, or the proceeds derived from the disposal of such property are used for constructing and acquiring extensions and improvements to the System or repairing the System.
That except as provided in Section 19 hereof, it will not voluntarily create or cause to be created any debt, lien, pledge, mortgage, assignment, encumbrance, or any other charges having priority over or parity with the lien of the Bonds upon the income and revenues of the System pledged as security therefor.
That, to the extent permitted by law, it will not grant a franchise to any other company or organization for operation within the boundaries of the Parish which would render services or facilities in competition with the System, and will oppose the granting of such franchise by any other public body having jurisdiction over such matters.
That, so long as any of the Bonds are outstanding and unpaid in principal or interest, the Parish shall not sell, lease, encumber or in any manner dispose of the System or any substantial part thereof; provided, however, that this covenant shall not be construed to prevent the disposal by the Parish of property which in its judgment has become worn out, unserviceable, unsuitable or unnecessary in the operation of the System, when other property of equal value is substituted therefor.
Audit Requirements. The Parish will establish and maintain adequate financial records as required by the laws of the State governing financial record-keeping by political subdivisions and in accordance with generally accepted accounting principles (“GAAP”) and will make these and the following records and reports available to the Owners or their authorized representatives upon request.
The Parish will cause an audit of its financial statements to be made by an independent firm of certified public accountants in accordance with the requirements of Chapter 8 of Title 24 of the Louisiana Revised Statutes of 1950, as amended, and for so long as the Department owns the Bonds, or any part thereof, in accordance with the requirements of the Single Audit Act Amendments of 1996 and OMB’s Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200, Subpart F), and Section 66.458 of the Catalog of Federal Domestic Assistance (CFDA #66.458 - Capitalization Grants for State Revolving Funds) , if applicable. Upon completion, but in no event later than six (6) months after the close of the applicable Fiscal Year, the Parish shall file a copy of such audited financial statements with any Owner requesting same.
Fidelity Bonds for Officers and Employees. So long as any of the Bonds are outstanding and unpaid, the Parish shall require all of its officers and employees who may be in a position of authority or in possession of money derived from the collection of User Fees, to obtain or be covered by a blanket fidelity or faithful performance bond, or independent fidelity bonds written by a responsible indemnity company in amounts adequate to protect the Parish from loss.
Retention and Duties of Consulting Engineer in Event of Failure to Make Required Payments. THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY DURING ANY PERIOD WHEN THE PARISH MAY BE IN DEFAULT IN MAKING REQUIRED PAYMENTS INTO THE FUNDS REQUIRED BY SECTION 14 OF THIS BOND ORDINANCE.
The Parish covenants and agrees that in the event it should fail to derive sufficient income from the operation of the System to make the required monthly payments into the funds established by Section 14 hereof, it will retain a Consulting Engineer on a continuous basis until all defaults are cured, for the purpose of providing for the Parish continuous engineering counsel in the operation of its System. Such Consulting Engineer shall be retained under contract at such reasonable compensation as may be fixed by this Governing Authority, and the payment of such compensation shall be considered to be one of the costs of maintaining and operating the System. Any Consulting Engineer appointed under the provisions of this Section may be replaced at any time by another Consulting Engineer appointed or retained by the Parish, with the consent and approval of the Owners of the Bonds.
The Consulting Engineer shall prepare within ninety (90) days after the close of each Fiscal Year a comprehensive operating report, which report shall contain therein or be accompanied by a certified copy of an audit of the preceding Fiscal Year prepared by the Parish’s certified public accountants, and in addition thereto, shall report upon the operations of the System during the preceding Fiscal Year, the maintenance of the properties, the efficiency of the management of the System; the property and adequate keeping of books of record and account, the adherence to budget and budgetary control provisions, the adherence to the provisions of this Bond Ordinance and all other things having a bearing upon the efficient and profitable operation of the System, and shall include whatever criticism of any phase of the operation of the System the Consulting Engineer may deem proper, and such recommendations as to changes in operations and the making of repairs, renewals, replacements, extensions, betterments and improvements as the Consulting Engineer may deem proper. Copies of such report shall be placed on file with the Secretary of this Governing Authority and sent to the Owner of the Bonds, and shall be open to inspection by any Owners of any of the Bonds. It shall be the duty of the Consulting Engineer to pass upon the economic soundness or feasibility of any extensions, betterments, improvements, expenditures or purchases of equipment and materials or supplies, which will involve the expenditure of more than Ten Thousand Dollars ($10,000), whether in one or more than one order, and whether authorized by a budget or not, and the Consulting Engineer shall devise and prescribe form or forms wherein shall be set forth his or its approval in certificate form, copies of which shall be filed with the Secretary of the Governing Authority.
Sixty (60) days before the close of each Fiscal Year, the Consulting Engineer shall submit to this Governing Authority a suggested budget for the ensuing year’s operation of the System and shall submit recommendations as to the schedule of rates and charges for services supplied by the System, taking into account any other lawfully available funds of the Parish that may be available of such purposes. A copy of said suggested budget and recommendations shall also be furnished by said Consulting Engineer directly to the Owner. Such recommendations as to rates and charges consistent with the requirements relating thereto contained herein, shall be followed by this Governing Authority insofar as practicable and all other recommendations shall be given careful consideration by this Governing Authority and shall be substantially followed, except for good and reasonable cause. No expenditures for the operation, maintenance and repair of the System in excess of the amounts stated in said budget shall be made in any year, except upon the certificate of the Consulting Engineer that such expenditures are necessary and essential to the continued operation of the System.
It shall be the duty of the Consulting Engineer to prescribe a system of budgetary control along with forms for exercising of such control which shall be utilized by the manager or superintendent of the System and his staff and the manager or superintendent shall cause to prepare monthly reports not later than the twentieth (20th) day of each month, for the preceding months business and operation of the System, which reports shall be submitted to the Consulting Engineer, who shall prepare an analysis of each such report, which analysis shall be filed monthly as expeditiously as possible with the chief financial officer of the Parish, the Mayor and with the Owner or Owners.
In the event this Governing Authority shall fail to select and retain a Consulting Engineer in accordance with the first paragraph of this Section within thirty (30) days after the occurrence of the conditions prescribed thereby, then upon the petition of the Owners of the twenty-five percent (25%) of the aggregate principal amount of the Bonds then outstanding, this Governing Authority shall select and retain such Consulting Engineer as is named in the petition of said Owners.
Discharge of Bond Ordinance. If the Parish shall pay or cause to be paid, or there shall be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Bond Ordinance are paid in full for all amounts due and owing, then the pledge of the Net Revenues or any other money, securities, and funds pledged under this Bond Ordinance and all covenants, agreements, and other obligations of the Parish to the Owners shall thereupon cease, terminate, and become void and be discharged and satisfied.
Defeasance. Bonds or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Parish of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section, if they have been defeased pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
Cancellation of Bonds. All Bonds paid or prepaid either at or before maturity, together with all bonds purchased by the Parish, shall thereupon be promptly cancelled by the Paying Agent. The Paying Agent shall thereupon promptly furnish to the Chief Financial Officer of the Parish an appropriate certificate of cancellation.
Lost, Destroyed or Improperly Cancelled Bonds. Lost, destroyed or improperly cancelled Bonds may be replaced in the manner set forth in Part XI, Chapter 4, Subtitle II, Title 39 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 39:971 et seq.), or any similar authority. In case any such lost, destroyed or improperly cancelled Bond has become or is about to become due and payable, the Parish in its discretion may, instead of issuing a new Bond, pay such Bond.
Successor Paying Agent; Paying Agent Agreement. The Parish will at all times maintain a Paying Agent for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Bond Ordinance is hereby confirmed and approved. The Parish reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution and/or ordinance giving notice of the termination and appointing a successor and (b) causing notice to be given to each Owner. Every successor Paying Agent appointed hereunder shall at all times be an officer of the Parish or a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Authorized Officer are hereby authorized and directed to execute an appropriate agreement with the Paying Agent for and on behalf of the Parish in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder. No resignation or removal of the Paying Agent shall become effective until a successor has been appointed and has accepted the duties of Paying Agent.
Notices to Owners. Wherever this Bond Ordinance provides for notice to Owners of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners is given by mail, neither the failure to mail such notice to any particular Owner, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Bond Ordinance provides for notice in any manner, such notice may be waived in writing by the Owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
Publication; Peremption. This Bond Ordinance shall be published at least once in the official journal of the Parish, or in a newspaper having general circulation in the Parish. Exhibits to this Bond Ordinance need not be published if the exhibits are enumerated in the publication and it is stated in the publication that such exhibits are available for public inspection at the office of the Governing Authority during regular business hours. For thirty days after the date of publication, any person in interest may contest the legality of this Bond Ordinance and of any provision herein made for the security and payment of the Bonds. After that time, no one shall have any cause of action to test the regularity, formality, legality, or effectiveness of this Bond Ordinance, and provisions hereof for any cause whatever. Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the Bonds, has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.
Disclosure Under SEC Rule 15c2-12. The Parish is not required at this time to comply with the continuing disclosure requirements described in the Rule 15c2-12(b) of the Securities and Exchange Commission [17 CFR ‘240.15c2-12(b)], because:
(a) the Bonds are not being purchased by a broker, dealer or municipal securities dealer acting as an underwriter in a primary offering of municipal securities; and
(b) the Bonds are in denominations of One Hundred Thousand Dollars ($100,000) or more and are being sold to no more than one financial institution or sophisticated investor which (i) have such knowledge and experience in financial and business matters that they are capable of evaluating the merits and risks of the prospective investment in the Bonds and (ii) are not purchasing said Bonds for more than one account or with a view to distributing same.
Severability. In case any one or more of the provisions of this Bond Ordinance or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Bond Ordinance or of the Bonds, but this Bond Ordinance and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date of this Bond Ordinance which validates or makes legal any provision of this Bond Ordinance or the Bonds which would not otherwise be valid or legal shall be deemed to apply to this Bond Ordinance and to the Bonds.
Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted on this, the 13th day of June, 2019.
/s/ Sam W. Boyd, Secretary /s/ Ricky Campbell, President
ORDINANCE NO. 3467
AN ORDINANCE TO ABOLISH Franklin parish sewerage district no. 1 (the “district”); transfer the assets and operation of the district to the parish OF FRANKLIN and providing for other matters in connection therewith.
WHEREAS, by Ordinance No. 3286 adopted on December 1, 1981, as amended and supplemented by Ordinance No. 3286-A adopted on February 4, 1986 (the “District Ordinance”), by the Franklin Parish Police Jury (the “Police Jury”), acting as the governing authority (the “Governing Authority”), of the Parish of Franklin, State of Louisiana (the “Parish”), the Police Jury formed the Franklin Parish Sewerage District No. 1 of the Parish (the “District”) the boundaries of which are set forth in the District Ordinance, attached as Exhibit “A” hereto; and
WHEREAS, the District operated a sewerage and wastewater treatment system (the “System”) within the boundaries of the District; specifically, within the area of the Parish known as the “Horace White Addition”; and
WHEREAS, by a Resolution adopted by the Police Jury at its regular meeting on May 9, 2019, the Police Jury stated its intent to abolish the District and to publish a notice of intent in the official journal in accordance with Article VI Section 15 of the Louisiana Constitution of 1974, as amended and Title 33, Section 3884 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 33:3884) (the “Authorizing Legislation”); and
WHEREAS, the notice of intention was published three (3) consecutive times in The Franklin Sun, the official journal of the Parish, prior to the adoption of this Ordinance as required by the Authorizing Legislation; and
WHEREAS, upon adoption of this Ordinance, the Parish will own and continue to operate the System, to be accounted for as a separate proprietary/enterprise fund of the Parish;
NOW THEREFORE, BE IT ORDAINED by the Governing Authority of the Parish, that:
Section 1. Repeal of District Ordinance. The District Ordinance is hereby repealed in its entirety and the District is hereby abolished in its entirety in accordance with the Authorizing Legislation. The Board of Supervisors of the District is hereby disbanded and dissolved, and any remaining board members are hereby dismissed from all duties and responsibilities in connection therewith.
Section 2. Transfer of District Assets. All of the properties, equipment, accounts, funds, rights, records and other assets in the name of the District, including real property of the District within its boundaries as described in the District Ordinance, are hereby transferred and/or assigned to the Parish, and the Parish shall own and continue to operate the System as a separate proprietary/enterprise fund of the Parish. The Parish shall assume all rights and obligations of the former District in customer account receivables, account payables, service contracts, and supply agreements (if any) as currently reflected on the books of the District and/or the Parish.
Section 3. Ratification of Prior Actions. All actions of the members of the Police Jury, its officers (including the Secretary-Treasurer and Assistant Secretary-Treasurer) and employees with respect to the operation of the District and/or its abolishment are hereby ratified and confirmed.
Section 4. Authorization of Officers. The Parish President, the Secretary and/or the Assistant Secretary are hereby authorized, empowered and directed to do any and all things necessary and incidental to carry out the provisions of this Ordinance.
[SIGNATURES ON FOLLOWING PAGE]
Said Ordinance having been read and considered by a quorum of the Police Jury members, on motion to adopt by Scott, and seconded by Robinson, a record vote was taken and the following result was had:
WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on this the 13th day of June, 2019.
/s/ Sam W. Boyd, Secretary /s/ Ricky Campbell, Parish President
STATE OF LOUISIANA
PARISH OF FRANKLIN
I, the undersigned Secretary of the Franklin Parish Police Jury, acting as the governing authority (the “Governing Authority”), of the Parish of Franklin, State of Louisiana (the “Parish”), do hereby certify that the foregoing pages constitute a true and correct copy of:
AN ORDINANCE TO ABOLISH Franklin parish sewerage district no. 1 (the “district’); transfer the assets and operation of the district to the parish OF FRANKLIN and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature on this the 13th day of June, 2019.
/s/ Sam Wiggins Boyd, Secretary
The Water We Drink
WEST WINNSBORO WATER SYSTEM
Public Water Supply ID: LA1041009
We are pleased to present to you the Annual Water Quality Report for the year 2018. This report is designed to inform you about the quality of your water and services we deliver to you every day (Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien). Our constant goal is to provide you with a safe and dependable supply of drinking water. We want you to understand the efforts we make to continually improve the water treatment process and protect our water resources. We are committed to ensuring the quality of your water.
Our water source(s) are listed below:
Source Name Source Water Type
WELL #3 - WEST Ground Water
WELL #4 - EAST Ground Water
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
Microbial Contaminants - such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
Inorganic Contaminants - such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial, or domestic wastewater discharges, oil and gas production, mining, or farming.
Pesticides and Herbicides - which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
Organic Chemical Contaminants – including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.
Radioactive Contaminants – which can be naturally-occurring or be the result of oil and gas production and mining activities.
A Source Water Assessment Plan (SWAP) is now available from our office. This plan is an assessment of a delineated area around our listed sources through which contaminants, if present, could migrate and reach our source water. It also includes an inventory of potential sources of contamination within the delineated area, and a determination of the water supply’s susceptibility to contamination by the identified potential sources. According to the Source Water Assessment Plan, our water system had a susceptibility rating of ‘MEDIUM’. If you would like to review the Source Water Assessment Plan, please feel free to contact our office.
In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration regulations establish limits for contaminants in bottled water which must provide the same protection for public health. We want our valued customers to be informed about their water utility. If you have any questions about this report, want to attend any scheduled meetings, or simply want to learn more about your drinking water, please contact HOWARD ANDERSON at 318-435-2295.
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. WEST WINNSBORO WATER SYSTEM is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested.
Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.
The Louisiana Department of Health and Hospitals - Office of Public Health routinely monitors for constituents in your drinking water according to Federal and State laws. The tables that follow show the results of our monitoring during the period of January 1st to December 31st, 2018. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The pre8ence of contaminants does not necessarily indicate that water poses a health risk.
In the tables below, you will find many terms and abbreviations you might not be familiar with.
To help you better understand these terms, we’ve provided the following definitions:
Parts per million (ppm) or Milligrams per liter (mg/L) – one part per million corresponds to one minute in two years or a single penny in $10,000.
Parts per billion (ppb) or Micrograms per liter (ug/L) – one part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000.
Picocuries per liter (pCi/L) – picocuries per liter is a measure of the radioactivity in water.
Treatment Technique (TT) – an enforceable procedure or level of technological performance which public water systems must follow to ensure control of a contaminant.
Action level (AL) – the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water system must follow.
Maximum contaminant level (MCL) – the “Maximum Allowed” MCL is the highest level of a contaminant that is allowed in drinking water.
MCL’s are set as close to the MCLG’s as feasible using the best available treatment technology.
Maximum contaminant level goal (MCLG) – the “Goal” is the level of a contaminant in drinking water below which there is no known or expected risk to human health. MCLG’s allow for a margin of safety.
Maximum residual disinfectant level (MRDL) – The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
Maximum residual disinfectant level goal (MRDLG) – The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
Level 1 assessment – A study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.
Level 2 Assessment – A very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.
During the period covered by this report we had the below noted violations.
Compliance Period Analyte Type
No Violations Occurred in the Calendar Year of 2018
Our water system tested a minimum of 3 samples per month in accordance with the Total Coliform Rule for microbiological contaminants. With the microbiological samples collected, the water system collects disinfectant residuals to ensure control of microbial growth.
Disinfectant Date HighestRAA Unit Range MRDL MRDLG Typical Source
CHLORINE 2018 1.58 ppm .6-3.0 4 4 Water additive used to control microbes
In the tables below, we have shown the regulated contaminants that were detected. Chemical Sampling of our drinking water may not be required on an annual basis; therefore, information providedin this table refers back to the latest year of chemical sampling results.
Regulated Collection Highest Range Unit MCL MCLG Typical Source
Contaminants Date Value
ARSENIC 5/9/2017 0.87 0.84 -0.87 ppb 10 0 Erosion of natural deposits; Runoff from orchards; Runoff from glass and electronics production wastes
BARIUM 5/9/2017 0.044 0.033 -0.044 ppm 2 2 Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposits
FLUORIDE 5/9/2017 0.21 0.17 -0.21 ppm 4 4 Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories
NITRATE-NITRITE 2/22/2018 3.1 3.1 ppm 10 10 Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits
SELENIUM 5/9/2017 2.6 0.61 -2.6 ppb 50 50 Discharge from petroleum and metal refineries; Erosion of natural deposits; Discharge from mines
Lead and Copper Date 90THPercentile Range Unit AL SitesOver AL Typical Source
FREE 2014 - 2016 0.4 0.1 - 0.6 ppm 1.3 0 Corrosion of household plumbing systems; Erosion of natural deposits; Leaching from wood preservatives
LEAD 2014 - 2016 1 1 - 4 ppb 15 0 Corrosion of household plumbing systems; Erosion of natural deposits
Disinfection Sample Period Highest Range Unit MCL MCLG Typical
Byproducts Point LRAA Source
TOTAL HWY 128 2018 2 1.9-1.9 ppb 60 60 By-product of drinking
HALOCETIC @ HWY 876 water disinfection
HALOACETIC HWY 4 @
ACIDS (HAA5) RISER ROAD 2018 1 1.29 -1.29 ppb 60 0 By-product of drinking
TTHM HWY 128 @ HWY 876 2018 4 3.9 -3.9 ppb 80 0 By-product of drinking water chlorination
TTHM HWY 4 @ RISER ROAD 2018 5 4.7 -4.7 ppb 80 0 By-product of drinking water chlorination
Radionuclides Collection Date Highest Value Range Unit MCL MCLG Typical Source
No Detected Results were Found in the Calendar Year of 2018
Unresolved significant deficiencies that were identified during a survey done on the water system are shown below.
Date Identified Facility Code Activity Due Date Description
08/10/2017 DISTRIBUTION CC17 GWR 9/30/2018 LAC 51:XII.344 -
SYSTEM APPROVED Protection of Water
CORRECTIVE ACTION Supply/Containment
08/10/2017 DISTRIBUTION CC17 GWR ADDRESS 9/30/2018 LAC 51:XII.344
SYSTEM TT45DEFICIENCIES - Protection of Water
Secondary Contaminants Collection Date Highest Value Range Unit SMCL
CHLORIDE 4/28/2014 22.4 18.2 - 22.4 MG/L 250
IRON 5/9/2017 2.1 0.1 - 2.1 MG/L 0.3
MANGANESE 5/9/2017 0.11 0.06 - 0.11 MG/L 0.05
PH 4/28/2014 7.22 6.91 - 7.22 PH 8.5
SULFATE 4/28/2014 20 10 - 20 MG/L 250
+++++++++++++++Environmental Protection Agency Required Health Effects Language+++++++++++++++
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800–426–4791).
There are no additional required health effects notices.
There are no additional required health effects violation notices.
Thank you for allowing us to continue providing your family with clean, quality water this year. In order to maintain a safe and dependable water supply we sometimes need to make improvements that will benefit all of our customers.
We at the WEST WINNSBORO WATER SYSTEM work around the clock to provide top quality drinking water to every tap. We ask that all our customers help us protect and conserve our water sources, which are the heart of our community, our way of life, and our children’s future. Please call our office if you have questions. 318-435-2295.
The following is a summary of the amended budget for the Franklin Parish Sheriff’s Office for the fiscal year ending June 30, 2019.
The amended budget was proposed and adopted on the 14th day of June, 2019.
The amended budget is available for public inspection at the Sheriff’s Office located in the Franklin Parish Courthouse between the hours of 8:00 a.m. and 4:30 p.m. Monday-Friday.
Expenditures $ 11,400,845.00
Excesses $ 675,843.00
Total Financing Sources
Excess of Revenue $ 675,843.00
Fund Balance at Beginning of Fiscal Year $ 14,608,059.00
Operating Fund Balance $ 1,000,000.00
Unreserved Fund Balance $ 14,283,902.00
Proposed Fund Balance at End of Fiscal Year $ 15,283.902.00
The following is a summary of the proposed budget for the Franklin Parish Sheriff’s Office for the fiscal year ending June 30, 2020.
The proposed budget was proposed and adopted on the 14th day of June, 2019.
The proposed budget is available for public inspection at the Sheriff’s Office located in the Franklin Parish Courthouse between the hours of 8:00 a.m. and 4:30 p.m. Monday-Friday.
Excess $ 857.10
Total Financing Sources
Excess of Revenue $ 857.10
Fund Balance at Beginning of the Fiscal Year $ 15,283,902.00
Operating Fund Balance $ 1,000,000.00
Unreserved Fund Balance $ 14,284,759.10
Proposed Fund Balance at End of Fiscal Year $ 15,284,759.10
The Franklin Parish School Board will be taking sealed bids for the following air conditioners:
25,000 BTU heat/cool unit
15,000 BTU heat/cool floor unit
The deadline for submitting bigs will b e Wednesday, June 26, 2019 at 12:00 Noon. Bids will be opened on Wednesday, June 26, 2019 at 1:00 p.m. at the Franklin Parish School Board Office, 7293 Prairie Road, Winnsboro, LA 71295.
Bids must be sealed and clearly marked, “2019-20 AIR CONDITIONERS.”
Bid forms are available at the Franklin Parish School Board. For additional information and specifications on supplies, please contact the Franklin Parish School Board, (318)435-9046.
The Franklin Parish School Board has the right to accept or reject any and all bids.
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In compliance with the Environmental Protection Agency’s Asbestos Containing Materials in School Rule of October 30, 1987, the Franklin Parish School Board wishes to notify you of the following:
1. Asbestos is a building material that has been used in floor tile, ceiling tile, insulation and several other materials for many years. Unfortunately, it has recently been learned that asbestos fibers can cause serious health effects if they are not sealed into a materials.
2. KEMRON Environmental Services has conducted inspections of all school buildings for asbestos containing building materials. You may review a copy of the asbestos inspection report and action plan for your school by contacting your principal’s office.
3. The action plan, also known as an asbestos management plan, includes a description of any asbestos containing building materials in your school, procedures for reinspecting the school every six months, and a schedule of removing any existing asbestos materials.
4. We want you to know that we have instituted procedures which will insure that any asbestos remaining in your school will be maintained in a safe condition until it is removed. We will continue to keep you informed of new actions regarding asbestos.
If you have any questions about this program, you may contact your school or Parish School Board.
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NOTICE TO BIDDERS
The Village of Baskin will be accepting bids for two police cars, a 2013 Chevrolet Impala and a 20156 Chevrolet Impala. The deadline for submitting bids will be July 9, 2019, 4:00 p.m.. Bids will be opened Tuesday, July 9, 2019, at 6:00 p.m. at the Village of Baskin Town Hall, 1325 Highway 15, Baskin, LA 71219.
Bid forms are available at Baskin Town Hall. For additional information, contact the Town Hall, (318)248-3700. Village of Baskin reserves the right to accept or reject any and all bids.
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VILLAGE OF GILBERT
JUNE 13, 2019
The Village of Gilbert Mayor and Board of Alderman met in regular session on Thursday, June 13, 2019 at 6:30 p.m., at the Gilbert City Hall.
Those present were as follows: Mayor Mike Stephens, Clerk Diane Parker, Aldermen Christine Ezell and Randy Lloyd. Also present was Melanie Keyes and guest.
Absent was Susan Britt and Bill McLemore.
CALL TO ORDER:
Mayor Stephens called the meeting to order. Mayor Stephens led in opening prayer. Diane Parker led in the pledge of allegiance.
Motion made by Randy Lloyd, seconded by Christine Ezell to accept the May minutes as presented. Motion carried.
Motion made by Randy Lloyd, seconded by Christine Ezell to accept the May financial documents. Motion carried.
PAY MONTHLY BILLS:
Motion made by Randy Lloyd, seconded by Christine Ezell to pay the monthly bills. Motion carried.
No monthly report given.
Mayor Stephens gave monthly report. Motion made by Randy Lloyd, seconded by Christine Ezell to purchase four lights for the light bar on the police car. Motion carried.
PUBLIC WORKS DEPARTMENT:
Mayor Stephens gave the monthly report for the public works department. Stephens stated that the storage shed had been delivered. The guys had been trying to catch up on the grass cutting all around town.
Mr. Glen Womack was presented to acknowledge his election for Senator. Also present was Mr. Ken McManus for McManus Engineers speaking on behalf of the sewer project on third and fourth streets, along with the 2020-20121 LCDBG grant application.
Motion made by Randy Lloyd to close regular meeting, seconded by Christine Ezell and go into public hearing to discuss rod. #357 through 362. Motion carried.
Public hearing being held, Motion made by Christine Ezell, seconded by Randy Lloyd to close public hearing, and re-open regular meeting. Motion carried.
Motion made by Randy Lloyd, seconded by Christine Ezell to adopt ord. #357, 358 and 359. Motion carried. Motion made by Christine Ezell, seconded by Randy Lloyd to amend Ord. #360 for further study and this rod. #360 will be introduced at the July 11, 2019. Motion made by Christine Ezell, seconded by Randy Lloyd to adopt rod. #361 and 362. Motion carried.
ADOPT ORD # 357 BLIGHTED PROPERTY
ADOPT ORD # 358 AMEND BUDGET
ADOPT ORD #359 ADOPT BUDGET
ADOPT ORD #360 WATER/SEWER RATES
ADOPT ORD #361 ELECTED OFFICIALS SALARY
ADOPT ORD #362 ELECTED CHIEF OF POLICE SALARY
2020-2021 LCDBG grant application.
Motion made to close regular meeting and open public hearing. Motion carried. Discussion being held. Motion made by Randy Lloyd, seconded by Christine Ezell to close public hearing, and re-open regular meeting. Motion carried.
Discuss LMA convention
Christine Ezell made motion to adjourn. Randy Lloyd seconded the motion. Motion carried.
Mike Stephens, Mayor Diane Parker, LMMC
This is to certify that the FRANKLIN PARISH CLERK OF COURT has complied with Louisiana Revised Statute 39:1306 relative to public participation in the Budget process for the Year Ended June 20, 2020. Notice of availability for public inspection, and public hearing was held in compliance with the applicable statute.
June 25, 2019
Clerk of Court
FRANKLIN PARISH POLICE JURY
PUBLIC HEARING NOTICE
The Franklin Parish Police Jury will hold a Public Hearing during their Regular Meeting scheduled for Thursday, August 8, 2019 at 5:00 P.M. in the Police Jury Meeting Room, Courthouse Building, Winnsboro, Louisiana for the following purpose:
• Remove 1383 feet of Live Oak Lane from the Parish Road Maintenance System.
The Public is invited to attend should you have any protests and/or comments concerning this matter.
Sam Wiggins, Treasurer
Franklin Parish Police Jury
NOTICE OF PUBLIC HEARING
A Public Hearing will be held as follows:
Date of Hearing: Monday, July 1, 2019
Time: 3:45 p.m. to 4:00 p.m.
Place: Franklin Parish School Board Complex, Board Room
7293 Prairie Road
Winnsboro, LA 71295
Review of 2019/2020 Beginning General Fund and Consolidated Budget
Richard Kelly, President
Franklin Parish School Board
7293 Prairie Road
Winnsboro, LA 71295
The proposed budget is available for public inspection at the school board office.
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