2004-0271
RESOLUTION
Title
A resolution ordering and calling a special election to be held in the Parish of St. Charles, State of Louisiana, to authorize the incurring of debt and issuance of bonds and the levy of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith; on Saturday, September 18, 2004, for the construction, operation, and maintenance of a Community Center.
Body
BE IT RESOLVED by the St. Charles Parish Council (the "Governing Authority"), acting as the governing authority of the Parish of St. Charles, State of Louisiana (the "Parish"), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 30, 32 and 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, the applicable provisions of Chapter 5 and Chapter 6-A of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the Parish on SATURDAY, SEPTEMBER 18, 2004, between the hours of six o'clock (6:00) a.m., and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:
BOND PROPOSITION
SUMMARY: TO ISSUE UP TO $12,500,000 OF 20-YEAR GENERAL OBLIGATION BONDS FOR THE PURPOSE OF CONSTRUCTING, ACQUIRING, AND IMPROVING A COMMUNITY CENTER FACILITY LOCATED WITHIN THE PARISH, INCLUDING THE ACQUISITION OR CONSTRUCTION OF MACHINERY, EQUIPMENT, FURNISHINGS AND SITE THEREFOR, TITLE TO WHICH SHALL BE IN THE PUBLIC.
Shall the Parish of St. Charles, State of Louisiana (the "Parish"), incur debt and issue bonds to the amount of Twelve Million Five Hundred Thousand Dollars ($12,500,000), to run twenty (20) years from date thereof, with interest at a rate not exceeding eight per centum (8%) per annum, to be sold at par, premium or discount, for the purpose of constructing, acquiring and improving a community center facility located within the Parish, including the acquisition or construction of machinery, equipment, furnishings and site therefor, title to which shall be in the public; which bonds will be general obligations of the Parish and will be payable from ad valorem taxes to be levied and collected in the manner provided by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974 and statutory authority supplemental thereto?
MILLAGE PROPOSITION
SUMMARY: AUTHORITY FOR THE PARISH OF ST. CHARLES TO LEVY A 10-YEAR .75-MILL PROPERTY TAX FOR MAINTAINING, OPERATING AND IMPROVING THE COMMUNITY CENTER FACILITY, INCLUDING THE PURCHASE OF EQUIPMENT AND FURNISHINGS THEREFOR.
Shall Parish of St. Charles, State of Louisiana (the "Parish"), levy and collect a special tax of three-quarters (.75) mills on all property subject to taxation in said Parish, for a period of ten (10) years, beginning with the year 2005 and ending with the year 2014, for the purpose of maintaining, operating and improving the community center facility, including the purchase of equipment and furnishings therefor, title to which shall be in the public?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the St. Charles Herald Guide, a semi-weekly (on Wednesday and Saturday) newspaper of general circulation within the Parish, published in Norco, Louisiana, and being the official journal of the Parish, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more then ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full.
SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the 15045 Highway 18, 2nd Floor, Hahnville, Louisiana, on MONDAY, OCTOBER 4, 2004, at SIX O'CLOCK (6:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.
SECTION 4. Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, October 4, 2004, as provided in Section 3 hereof. All registered voters in the Parish will be entitled to vote at the special election, and voting machines shall be used.
SECTION 6. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the Chairman and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election, including but not limited to, appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.
SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of St. Charles Parish and the Registrar of Voters of St. Charles Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to issue, sell and deliver the bonds and to levy and collect the special tax provided for therein. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.
SECTION 9. Employment of Bond Counsel. A real necessity is hereby found for the employment of special counsel in connection with the issuance of the aforesaid bonds, and accordingly Foley & Judell, L.L.P., Bond Counsel, are hereby employed and requested to do and perform comprehensive legal and coordinate professional work with respect to the issuance of the aforesaid bonds of the Parish for the purposes stated hereinabove. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the bonds, shall counsel and advise this Governing Authority as to the issuance and sale of the bonds, and shall furnish their opinion covering the legality of the issuance thereof. The fee of special bond counsel in connection with the issuance of the aforesaid bonds of the Parish is hereby fixed at a sum not to exceed the maximum fee allowed by the Attorney General's fee guidelines for comprehensive legal and coordinate professional services in the issuance of general obligation bonds, based on the amount of said bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses. Bond Counsel fees may be paid from the proceeds of said bonds and shall be contingent upon the issuance, sale and delivery of said bonds. Pursuant to instructions from the Chairman of the Governing Authority, Foley & Judell, L.L.P. shall also assist in the preparation of an official statement containing detailed and comprehensive financial and statistical data required with respect to the sale of the aforesaid bonds; and the costs of the preparation and printing of such official statement may be paid from the proceeds of the issue for which it has been prepared. Said official statement shall be submitted to such nationally recognized bond rating service or services as may be recommended by Bond Counsel, together with a request that an appropriate rating be assigned. Payment for all ratings shall be made by the Secretary, upon presentation of appropriate statements from the particular rating services furnishing the ratings. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fee herein designated, and the Secretary is hereby empowered and directed to make payment to said Bond Counsel in payment of the fees herein provided for under the conditions herein enumerated.
Vote
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS:
NAYS:
ABSENT:
And the resolution was declared adopted on this, the 30th day of June, 2004.
/s/ Barbara Jacob-Tucker /s/ Lance Marino
Secretary Chairman
EXHIBIT "A"
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted by the St. Charles Parish Council (the "Governing Authority"), acting as the governing authority of the Parish of St. Charles, State of Louisiana (the "Parish"), on June 30, 2004, NOTICE IS HEREBY GIVEN that a special election will be held within the Parish on SATURDAY, SEPTEMBER 18, 2004, and that at the said election there will be submitted to all registered voters in the Parish qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:
BOND PROPOSITION
SUMMARY: TO ISSUE UP TO $12,500,000 OF 20-YEAR GENERAL OBLIGATION BONDS FOR THE PURPOSE OF CONSTRUCTING, ACQUIRING, AND IMPROVING A COMMUNITY CENTER FACILITY LOCATED WITHIN THE PARISH, INCLUDING THE ACQUISITION OR CONSTRUCTION OF MACHINERY, EQUIPMENT, FURNISHINGS AND SITE THEREFOR, TITLE TO WHICH SHALL BE IN THE PUBLIC.
Shall the Parish of St. Charles, State of Louisiana (the "Parish"), incur debt and issue bonds to the amount of Twelve Million Five Hundred Thousand Dollars ($12,500,000), to run twenty (20) years from date thereof, with interest at a rate not exceeding eight per centum (8%) per annum, to be sold at par, premium or discount, for the purpose of constructing, acquiring and improving a community center facility located within the Parish, including the acquisition or construction of machinery, equipment, furnishings and site therefor, title to which shall be in the public; which bonds will be general obligations of the Parish and will be payable from ad valorem taxes to be levied and collected in the manner provided by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974 and statutory authority supplemental thereto?
MILLAGE PROPOSITION
SUMMARY: AUTHORITY FOR THE PARISH OF ST. CHARLES TO LEVY A 10-YEAR .75-MILL PROPERTY TAX FOR MAINTAINING, OPERATING AND IMPROVING THE COMMUNITY CENTER FACILITY, INCLUDING THE PURCHASE OF EQUIPMENT AND FURNISHINGS THEREFOR.
Shall Parish of St. Charles, State of Louisiana (the "Parish"), levy and collect a special tax of three-quarters (.75) mills on all property subject to taxation in said Parish, for a period of ten (10) years, beginning with the year 2005 and ending with the year 2014, for the purpose of maintaining, operating and improving the community center facility, including the purchase of equipment and furnishings therefor, title to which shall be in the public?
The said special election will be held at the following polling places situated within the Parish, which polls will open at six o'clock (6:00) a.m., and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to-wit:
POLLING PLACES |
Ward |
Precinct |
Location |
01 |
1 |
Killona Fire House, 216 Adams St., Killona |
01 |
2 |
Hahnville Elementary School, 626 Pine St., Hahnville |
01 |
2A |
Hahnville Elementary School, 626 Pine St., Hahnville |
01 |
3 |
Eual J Landry Sr Middle School, 108 Tiger Cir, Hahnville |
01 |
5 |
Luling Central Fire Station, 1603 Paul Maillard Rd, Luling |
01 |
6 |
Harry Hurst Middle School, 170 Road Runner Ln, Destrehan |
02 |
1 |
Luling Elementary School, 904 Sugarhouse Rd, Luling |
02 |
2 |
Luling Elementary School, 904 Sugarhouse Rd, Luling |
02 |
3 |
St. Charles Recreation office, 12125 River Rd, Luling |
02 |
4 |
AMA Fire House, 104 Ellen St, Ama |
02 |
5 |
Lakewood Elementary School, 501 E Heather Dr, Luling |
02 |
5A |
Lakewood Elementary School, 501 E Heather Dr, Luling |
03 |
1 |
New Sarpy Elementary School, 130 Plantation Rd, Destrehan |
03 |
1A |
New Sarpy Elementary School, 130 Plantation Rd, Destrehan |
03 |
1B |
New Sarpy Elementary School, 130 Plantation Rd, Destrehan |
03 |
2 |
Ethel Schoeffner Elem School, 140 Plantation Rd, Destrehan |
03 |
3 |
Destrehan High School, 1 Wildcat Dr, Destrehan |
03 |
4 |
Destrehan High School, 1 Wildcat Dr, Destrehan |
03 |
5 |
Ethel Schoeffner Elem School, 140 Plantation Rd, Destrehan |
03 |
6 |
Ethel Schoeffner Elem School, 140 Plantation Rd, Destrehan |
04 |
1 |
St Gertrude Education Center, 17336 LA 631, Des Allemands |
04 |
1A |
St Gertrude Education Center, 17336 LA 631, Des Allemands |
04 |
2 |
Bayou Gauche Fire House, 410 First St, Bayou Gauche |
04 |
3 |
J B Martin Middle School, 434 South St, Paradis |
04 |
4 |
Hahnville High School, 200 Tiger Dr, Boutte |
05 |
1 |
St Rose Primary School, 11082 River Rd, St. Rose |
05 |
2 |
Harry Hurst Middle School, 170 Road Runner Ln, Destrehan |
05 |
3 |
St Rose Primary School, 11082 River Rd, St. Rose |
05 |
4 |
Albert Cammon Middle School, 234 Pirate Dr, St. Rose |
05 |
5 |
Albert Cammon Middle School, 234 Pirate Dr, St. Rose |
06 |
1 |
Zephirin L. Perilloux Firehouse, 17830 River Rd, Montz |
06 |
2 |
Norco Primary School, 149 Apple St, Norco |
06 |
3 |
Norco Elementary School, 102 Fifth St, Norco |
06 |
3A |
Norco Elementary School, 102 Fifth St, Norco |
06 |
4 |
Union Hall, 601 Good Hope St, Norco |
06 |
5 |
New Sarpy Senior Center, 150 Troxclair Dr, New Sarpy |
06 |
6 |
Arterbury Building, 14564 River Rd, New Sarpy |
06 |
7 |
Arterbury Building, 14564 River Rd, New Sarpy |
06 |
8 |
Destrehan High School, 1 Wildcat Dr, Destrehan |
07 |
1 |
Mimosa Park Elementary School, 222 Birch St, Luling |
07 |
2 |
Mimosa Park Elementary School, 222 Birch St, Luling |
07 |
2A |
Mimosa Park Elementary School, 222 Birch St, Luling |
07 |
3 |
A A Songy Kindergarten Center, 523 E Heather Dr, Luling |
07 |
3A |
A A Songy Kindergarten Center, 523 E Heather Dr, Luling |
07 |
4 |
Luling Elementary School, 904 Sugarhouse Rd, Luling |
|
|
|
The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the 15045 Highway 18, 2nd Floor, Hahnville, Louisiana, on MONDAY, OCTOBER 4, 2004, at SIX O'CLOCK (6:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the Parish are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Hahnville, Louisiana, on this, the 30th day of June, 2004.
ATTEST: /s/ Lance Marino
Chairman
/s/ Barbara Jacob-Tucker
Secretary
STATE OF LOUISIANA
PARISH OF ST. CHARLES
I, the undersigned Secretary of the St. Charles Parish Council (the "Governing Authority"), the governing authority of the Parish of St. Charles, State of Louisiana (the "Parish"), do hereby certify that the foregoing _______________ (__) pages constitute a true and correct copy of the proceedings taken by the Governing Authority on June 30, 2004, ordering and calling a special election to be held in the Parish of St. Charles, State of Louisiana, to authorize the incurring of debt and issuance of bonds and the levy of a special tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the Parish at Hahnville, Louisiana, on this, the 30th day of June, 2004.
____________________________________
Secretary
(SEAL)