2000-0582
The following resolution was offered by _________________________ and seconded by ____________________________:
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 levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.
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, Section 29 of the Constitution of the State of Louisiana of 1974, the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B 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, APRIL 7, 2001, 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:
SALES TAX PROPOSITION
SUMMARY: AUTHORITY FOR THE PARISH OF ST. CHARLES TO LEVY AN ADDITIONAL 1% SALES AND USE TAX TO BE USED BY THE PARISH FOR OPERATING, MAINTAINING, IMPROVING THE WASTEWATER AND SEWER SYSTEMS AND FACILITIES IN SAID PARISH, AND CONSTRUCTING AND ACQUIRING ADDITIONS AND IMPROVEMENTS THERETO OR PAYING DEBT SERVICE ON OBLIGATIONS ISSUED FOR THE PURPOSE OF CONSTRUCTING AND ACQUIRING SAID SYSTEMS AND FACILITIES OR ADDITIONS AND IMPROVEMENTS THERETO, AND USED TO CONSTRUCT, ACQUIRE, IMPROVE, MAINTAIN AND OPERATE LEVEE SYSTEMS FOR HURRICANE PROTECTION, DRAINS, DRAINAGE CANALS, PUMPS AND PUMPING STATIONS, AND ASSOCIATE AND ATTENDANT STREETS, ROADS AND BRIDGES, AND PROVIDING FOR FUNDING SAID TAX INTO BONDS.
Shall the Parish of St. Charles, State of Louisiana (the "Parish"), be authorized to levy and collect an additional tax of one percent (1%) (the "Tax"), upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property and on sales of services in the Parish, all as defined in La. R.S. 47:301 to 47:317, inclusive, with the avails or proceeds of said Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax) to be subject to funding into bonds for any of the capital purposes set forth below, maturing over a period not exceeding twenty-five (25) years from the date thereof, to be sold at par, premium or discount, to bear interest at a rate or rates not exceeding nine per centum (9%) per annum and otherwise issued in accordance with the provisions and subject to the limitations of Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, and shall the remainder of the avails or proceeds be used and dedicated as follows: (a) an amount equal to one-half of the avails or proceeds for the purpose of paying the costs of operating, maintaining, improving the wastewater and sewer systems and facilities in said Parish, and constructing and acquiring additions and improvements thereto or paying debt service on obligations issued for the purpose of constructing and acquiring said systems and facilities or additions and improvements thereto, and (b) the remainder (not exceeding one-half of the avails or proceeds) to be dedicated and used to construct, acquire, improve maintain and operate levee systems for hurricane protection, drains, drainage canals, pumps and pumping stations, and associate and attendant streets, roads and bridges, providing any such capital improvements shall be as established and set forth in the Parish's then current capital budget adopted after public hearings held in the manner required by the St. Charles Parish Home Rule Charter?
SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in The Herald, a semi-weekly newspaper of general circulation within the Parish, published in Boutte, 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 Courthouse, Hahnville, Louisiana, on MONDAY, MAY 7, 2001, 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, May 7, 2001, 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 Acting 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 Acting 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 Commissioner of Elections, 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 continue to levy and collect the sales and use 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.
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 18th day of December, 2000.
/s/ Nicole Breaux /s/ Terry Authement
Acting Secretary Chairman
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED : DISAPPROVED :
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY:
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 December 18, 2000, NOTICE IS HEREBY GIVEN that a special election will be held within the Parish on SATURDAY, APRIL 7, 2001, 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:
SALES TAX PROPOSITION
SUMMARY: AUTHORITY FOR THE PARISH OF ST. CHARLES TO LEVY AN ADDITIONAL 1% SALES AND USE TAX TO BE USED BY THE PARISH FOR OPERATING, MAINTAINING, IMPROVING THE WASTEWATER AND SEWER SYSTEMS AND FACILITIES IN SAID PARISH, AND CONSTRUCTING AND ACQUIRING ADDITIONS AND IMPROVEMENTS THERETO OR PAYING DEBT SERVICE ON OBLIGATIONS ISSUED FOR THE PURPOSE OF CONSTRUCTING AND ACQUIRING SAID SYSTEMS AND FACILITIES OR ADDITIONS AND IMPROVEMENTS THERETO, AND USED TO CONSTRUCT, ACQUIRE, IMPROVE, MAINTAIN AND OPERATE LEVEE SYSTEMS FOR HURRICANE PROTECTION, DRAINS, DRAINAGE CANALS, PUMPS AND PUMPING STATIONS, AND ASSOCIATE AND ATTENDANT STREETS, ROADS AND BRIDGES, AND PROVIDING FOR FUNDING SAID TAX INTO BONDS.
Shall the Parish of St. Charles, State of Louisiana (the "Parish"), be authorized to levy and collect an additional tax of one percent (1%) (the "Tax"), upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property and on sales of services in the Parish, all as defined in La. R.S. 47:301 to 47:317, inclusive, with the avails or proceeds of said Tax (after paying the reasonable and necessary expenses of collecting and administering the Tax) to be subject to funding into bonds for any of the capital purposes set forth below, maturing over a period not exceeding twenty-five (25) years from the date thereof, to be sold at par, premium or discount, to bear interest at a rate or rates not exceeding nine per centum (9%) per annum and otherwise issued in accordance with the provisions and subject to the limitations of Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, and shall the remainder of the avails or proceeds be used and dedicated as follows: (a) an amount equal to one-half of the avails or proceeds for the purpose of paying the costs of operating, maintaining, improving the wastewater and sewer systems and facilities in said Parish, and constructing and acquiring additions and improvements thereto or paying debt service on obligations issued for the purpose of constructing and acquiring said systems and facilities or additions and improvements thereto, and (b) the remainder (not exceeding one-half of the avails or proceeds) to be dedicated and used to construct, acquire, improve maintain and operate levee systems for hurricane protection, drains, drainage canals, pumps and pumping stations, and associate and attendant streets, roads and bridges, providing any such capital improvements shall be as established and set forth in the Parish's then current capital budget adopted after public hearings held in the manner required by the St. Charles Parish Home Rule Charter?
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
District Precinct LOCATION
1 1-1 Killona Firehouse, 216 Adams St., Killona
1 1-2 (A-K) Hahnville Elementary School, 626 Pine St., Hahnville
1 1-2A (L-Z) Hahnville Elementary School, 626 Pine St., Hahnville
1 1-3 Eual Landry Sr. Middle School, 108 Tiger Circle, Hahnville
1 1-5 Luling Central Fire Station, 1603 Paul Maillard Rd., Luling
1 1-6 Harry Hurst Middle School, #1 Roadrunner Dr., Destrehan
2 2-1 Luling Elementary School, 904 Sugarhouse Road, Luling
2 2-2 Luling Elementary School, 904 Sugarhouse Road, Luling
2 2-3 St. Charles Recreation Office, 12125 River Road, Luling
2 2-4 Ama Fire House, 104 Ellen St., Ama
2 2-5 A. A. Songy Kindergarten Center, 523 East Heather St., Luling
2 2-7 Harry Hurst Middle School, #1 Roadrunner Dr., Destrehan
2 2-8 Harry Hurst Middle School, #1 Roadrunner Dr., Destrehan
3 3-1 (A-K) Destrehan High School, #1 Wildcat Dr., Destrehan
3 3-1A (H-Q) Destrehan High School, #1 Wildcat Dr., Destrehan
3 3-1B (R-Z) Destrehan High School, #1 Wildcat Dr., Destrehan
3 3-2 Destrehan High School, #1 Wildcat Dr., Destrehan
3 3-3 Destrehan High School, #1 Wildcat Dr., Destrehan
3 3-4 Destrehan High School, #1 Wildcat Dr., Destrehan
4 4-1 (A-K) St. Gertrude's Catholic Church Education Center, 17336 LA 631, Des Allemands
4 4-1A (L-Z) St. Gertrude's Catholic Church Education Center, 17336 LA 631, Des Allemands
4 4-2 Bayou Gauche Fire House, 410 First St., Bayou Gauche
4 4-3 J. B. Martin Middle School, 434 South Street, Paradis
4 4-4 Hahnville High School, U.S. Hwy. 90/200 Tiger Dr., Boutte (consolidated with Precinct 7-6)
5 5-1 St. Rose Primary School, 11082 River Road, St. Rose
5 5-2 Unpopulated Area--No Voters
5 5-3 St. Rose Primary School, 11082 River Road, St. Rose
5 5-4 St. Rose Primary School, 11082 River Road, St. Rose
5 5-5 St. Rose Primary School, 11082 River Road, St. Rose
6 6-1 211 Evangeline Road, Montz
6 6-2 Norco Primary School, 149 Apple St., Norco
6 6-3 (A-K) Norco Elementary School, 102 Fifth St., Norco
6 6-3A (L-Z) Norco Elementary School, 102 Fifth St., Norco
6 6-4 Union Hall, 601 Goodhope St., Norco
6 6-5 Arterbury Building, 14564 River Road, New Sarpy
6 6-6 Arterbury Building, 14564 River Road, New Sarpy
6 6-7 Arterbury Building, 14564 River Road, New Sarpy
7 7-1 Mimosa Park Elementary School, 222 Birch St., Luling
7 7-2 (A-K) Mimosa Park Elementary School, 222 Birch St., Luling
7 7-2A (L-Z) Mimosa Park Elementary School, 222 Birch St., Luling
7 7-3 (A-K) A. A. Songy Kindergarten Center, 523 Heather St., Luling
7 7-3A (L-Z) A. A. Songy Kindergarten Center, 523 Heather St., Luling
7 7-4 Luling Elementary School, 904 Sugarhouse Road, 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, Chapter 6-A and Chapter 6-B 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 Courthouse, Hahnville, Louisiana, on MONDAY, MAY 7, 2001, 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 18th day of December, 2000.
ATTEST: /s/ Terry Authement
Chairman
/s/ Nicole Breaux
Acting Secretary
STATE OF LOUISIANA
PARISH OF ST. CHARLES
I, the undersigned Acting 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 December 18, 2000, ordering and calling a special election to be held in the Parish of St. Charles, State of Louisiana, to authorize the levy of a sales and use 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 18th day of December, 2000.
____________________________________
Acting Secretary
(SEAL)