Legal Notices
last updated: 07-28-2010
SHERIFF’S SALElast updated: 07-28-2010
Third District Court
Parish of Union
State of Louisiana
UNITED STATES OF AMERICA, RURAL DEVELOPMENT,
UNITED STATES DEPARTMENT OF AGRICULTURE
Vs. C.D. 43933
TYRIN LAMON GATSON
By virtue of a WRIT OF SEIZURE AND SALE issued out of the Third District Court, in and for the Parish of Union, State of Louisiana, in the above styled and numbered cause and to me directed as Sheriff of Union Parish, I have seized and taken into my possession and will offer for sale at public auction at the front door of the Courthouse in the Town of Farmerville, Louisiana, within legal hours of sale, on September 01, 2010, the following described property, to-wit:
Lot Twenty-six (26) Unit Two (2) MEADOWBROOK MANUFACTURED HOME COMMUNITY, situated in Section 6, Township 21 North, Range 1 East, Land District North of Red River, as per plat recorded in Conveyance Book 1167, Page 444, of the records of Union Parish, Louisiana, having a municipal address of 109 Meadowbrook Lane, Farmerville, La. 71241,
AND
One (1) 2008 Redman Eaton. Park Modular Manufactured Home,
Serial# 124-000-M-012558 A & B, previously immobilized to and made part of the real property described above by virtue of that certain Affidavit of Immobilization filed for record on May 16, 2008, in Conveyance Book 1197, Page 479 as DR# 2008-00345488, records of Union Parish, Louisiana. Municipal Address: 109 Meadowbrook Lane, Farmerville, LA. 71241
“This mortgage is a Purchase Money Mortgage because the sum received is all or part of the purchase price of the property described herein”
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale: Cash to the last and highest bidder, WITH the benefit of appraisement.
Robert G. “Bob” Buckley
Sheriff
07/29/10 08/26/10
HEARN'S U STORE IT
Monday, August 2, 2010
6827 Hwy 2 E, Farmerville, LA
A cash sale to the highest bidder:
Storage Unit 52, 6889 Hwy 2, belonging to Craig Herring, consisting of 3 automobile motors, a transmission, an old trunk, a shelf, numerous misc. totes and boxes.
Storage Unit 68, 6889 Hwy 2, belonging to Patrick Peterson, consisting of a fan, chair, and numerous boxes and totes.
Storage Unit 141, 6889 Hwy 2, belonging to Barbara Huckabee, consisting of misc. furniture and other misc. items.
Storage Unit 4, 6889 Hwy 2, belonging to Veronica Evans, consisting of misc. items.
Storage Unit 9, 6889 Hwy 2, belonging to Robert Thompson, consisting of misc. items.
Bids will be accepted for the entire unit contents only with successful bidder responsible for removal of all items upon acceptance of bid.
Hearn's U Stor It reserves the right to refuse any bid.
SHERIFF’S SALE
Third District Court
Parish of Union
State of Louisiana
JAMES MICHAEL RABUN
Vs. C.D. 43763
GEORGE EVERETTE ROGERS, JR. and KIM MCALLISTER ROGERS
By virtue of a WRIT OF SEIZURE AND SALE issued out of the Third District Court, in and for the Parish of Union, State of Louisiana, in the above styled and numbered cause and to me directed as Sheriff of Union Parish, I have seized and taken into my possession and will offer for sale at public auction at the front door of the Courthouse in the Town of Farmerville, Louisiana, within legal hours of sale, on September 01, 2010, the following described property, to-wit:
The N? of the SW1/4 of SE1/4, Section 19, T21N, R1E,
LESS AND EXCEPT:
The North 4 acres of the N1/2 of the SW1/4 of the SE1/4, Section 19, T21N, R 1 E;
ALSO LESS AND EXCEPT:
Commencing at a 3/4 inch rebar marking the Southwest Corner of the Southwest Quarter of Southeast Quarter, Section 19, Township 21 North, Range 1 East, Union Parish, Louisiana; thence run N00°18’01”E for a distance of 677.30 feet to a 1/2 inch rebar for the STARTING POINT; from said starting point thence run North for a distance of 230.46 feet to a cotton spindle; thence run N86°12’42”E for a distance of 309.43 feet to a 24 inch pine tree in an existing fence corner; thence run N83°03’30”E along an existing barbed wire fence for a distance of 244.15 feet to a metal fence post; thence run N88°03’19”E along said barbed wire fence for a distance of 156.26 feet to a six inch wooden fence post in an existing fence corner; thence run S05°20’45”E along an existing barbed wire fence for a distance of 239.93 feet to a 6” wooden fence post in an existing fence corner; thence run S85°53’08”W along an existing barbed wire fence for a distance of 221.06 feet to a metal fence post; thence run S78°47’16”W for a distance of 167.57 feet to a 1/2 inch iron pipe in an existing old barbed wire fence; thence run N87°28’53”W along said old barbed wire fence for a distance of 96.36 feet to a 1/2 inch rebar in an existing fence corner; thence run S89°23’42”W for a distance of 248.52 feet back to the point of beginning; containing 4.023 acres and being situated in the North Y2 of the Southwest Quarter of Southeast Quarter of Section 19, Township 21 North, Range 1 East, Farmerville, Union Parish, Louisiana; all as shown on map of survey dated January 17, 1994, by William T. Lowe, P.L.S.;
ALSO LESS AND EXCEPT:
Commencing at a 3/4 inch rebar marking the Southwest Corner of the Southwest Quarter of Southeast Quarter, Section 19, Township 21 North, Range 1 East, Union Parish, Louisiana; thence run N00° 18’01 “E for a distance of 677.30 feet to a 1/2 inch rebar marking the Southwest Corner of the Robert R. Earle, et ux, 4.023 acre tract, as per correction deed recorded in Conveyance Book 919, page 219, Records of Union Parish, Louisiana; thence run North along the West line of said Robert R. Earle tract for a distance of 230.46 feet to a cotton spindle marking the Northwest Corner of said Robert R. Earle tract for the STARTING POINT; from said starting point thence run North for a distance of 142.16 feet to one inch iron pipe; thence run N86°12’42”E parallel with the North line of said Robert R. Earle tract to a 1/2 inch rebar; thence run South for a distance of 142.16 feet to a 1/2 inch iron pipe on the North line of said Robert R. Earle tract; thence run S86°12’42”W along said North line for a distance of 153.12 feet back to the point of beginning; containing 0.500 acres and being situated in the North One-Half of the Southwest Quarter of Southeast Quarter of Section 19, Township 21 North, Range 1 East, Fannerville, Union Parish, Louisiana, all as shown on map of survey dated January 17, 1994, by William T. Lowe, P.L.S.; containing in the aggregate after exceptions, 11.423 acres, more or less.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale: Cash to the last and highest bidder, WITHOUT the benefit of appraisement.
Robert G. “Bob” Buckley
Sheriff
07/29/10
08/26/10
SHERIFF’S SALE
Third District Court
Parish of Union
State of Louisiana
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR IXIS 2005-HE2
Vs. C.D. 43851
MONICA K. BURKETT, ET AL
By virtue of a WRIT OF SEIZURE AND SALE issued out of the Third District Court, in and for the Parish of Union, State of Louisiana, in the above styled and numbered cause and to me directed as Sheriff of Union Parish, I have seized and taken into my possession and will offer for sale at public auction at the front door of the Courthouse in the Town of Farmerville, Louisiana, within legal hours of sale, on September 01, 2010, the following described property, to-wit:
A certain tract of land, situated in the East One-Half of the Southeast Quarter (E/2 of W/2 of SE/4) of Section 28, Township 22 North, Range1 West, Union Parish, Louisiana and being more particularly described as follows to-wit:
Commencing at a 1 inch iron pipe found marking the Point of Beginning; thence North 1,461.11 feet and East 679.52 feet to 5/8 inch rebar set marking the Point of Beginning; thence South 89 degrees 37’ 41” East along the projection of and along a barbed-wire fence line recognized as the boundary line between Marvin Spears and R.L. Daniels for a distance of 190.81 feet to a 5/8 inch rebar set; thence South 19 degrees 00’ 29” West for a distance of 311.07 to a 5/8 inch rebar set; thence continuing South 19 degrees 00’ 29” West for a distance of 55.23 feet to the centerline of Louisiana Highway 15; thence North 52 degrees 32’ 51” West along the centerline of said Highway for a distance of 90.07 feet; thence North for a distance of 65.01 feet to a 5/8 inch rebar set; thence continuing North for a distance of 109.06 feet to a sucker of rod found; thence continuing North for a distance of 188.72 feet to the OB containing 1 acre more or less.
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale: Cash to the last and highest bidder, WITH the benefit of appraisement.
Robert G. “Bob” Buckley
Sheriff
07/219/10 08/26/10
SHERIFF’S SALE
Third District Court
Parish of Union
State of Louisiana
FIRST FINANCIAL BANK
Vs. C.D. 43916
JAMES RAY ALFORD AND REBECCA SUE LONG ALFORD
By virtue of a WRIT OF SEIZURE AND SALE issued out of the Third District Court, in and for the Parish of Union, State of Louisiana, in the above styled and numbered cause and to me directed as Sheriff of Union Parish, I have seized and taken into my possession and will offer for sale at public auction at the front door of the Courthouse in the Town of Farmerville, Louisiana, within legal hours of sale, on September 08, 2010, the following described property, to-wit:
TRACT 1
A certain tract of land situated in the SE l/4 of the SWl/4 of Section 20 and the NEl/4 of the NW l/4 of Section 29 all being in T23N, R1E, Union Parish, Louisiana and being more particularly described as follows, to-wit:
Commencing at a 5/8 inch rebar found marking the North Quarter section corner of Section 29, thence 811.61 feet South and 576.29 feet West to a 5/8 inch rebar set marking the Point of Beginning; thence S78º57’53 “W 689.64 feet to a 5/8 inch rebar set; thence N1º46’41“ W 1,360.57 feet to a cotton spindle set in the centerline of Louisiana Highway No. 549; thence N64º01’55”E along the center line of said road 199.43 feet to cotton spindle set; thence N61º 01’ 11“E along the centerline of said road 148.51 feet to a cotton spindle set; thence N57º09’24”E along the centerline of said road 129.89 feet to a cotton spindle set; thence N52º08’37”E along the centerline of said road 127.03 feet to a cotton spindle set; thence S7º26’17”E 1,548.62 feet to the Point of Beginning; containing 20.30 acres more or less, and being subject to any rights-of-ways, or easements or servitudes of record or use.
TRACT 2
A certain tract of land situated in the S? of the NE? of Section 30, T23N, R1E, Union Parish, Louisiana and being more particularly described as follows, to-wit:
Commencing at a 5/8 inch rebar set marking the NW Corner of the SW? of the NE? of said Section 30, and marking the POINT OF BEGINNING; thence S89º51’08”E along the north line of the S? of the NE? 1,808.14 feet to a cotton spindle set in the centerline of Louisiana Highway No. 549; thence S48º29’20”W along the centerline of said highway 1,740.70 feet to a nail set; thence S46º35’13”W along the centerline of said highway 113.23 feet to a nail set; thence S43º07’11”W along the centerline of said highway 107.21 feet to a cotton spindle set on the south line of the SW? of the NE?; thence N89º43’03”W along said line 350.59 feet to a 5/8 inch rebar set marking the SW Corner of the SW? of the NE?; thence N0º03’50”E along the West line of said forty 1,312.68 feet to the POINT OF BEGINNING; containing 32.26 acres, more or less, and being subject to any rights-of-ways, easements or servitudes of record or use.
ALL DEBTORS’ NOW OWNED OR HEREAFTER ACQUIRED POULTRY EQUIPMENT, ACCOUNTS, DEPOSIT ACCOUNTS, GENERAL INTANGIBLES, PAYMENT INTANGIBLES AND ASSIGNMENT OF PROCEEDS PURSUANT TO THE SECURITY AGREEMENT WITH FIRST FINANCIAL BANK
Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale: Cash to the last and highest bidder, WITH the benefit of appraisement.
Robert G. “Bob” Buckley
Sheriff
07/29/10 09/02/10
SHERIFF’S SALE
Third District Court
Parish of Union
State of Louisiana
FIRST FINANCIAL BANK
Vs. C.D. 43917
YVETTE RODRIGUEZ, JOSE ANGEL ROMANY AND JOSE L. ROMANY, M.D.
By virtue of a WRIT OF SEIZURE AND SALE issued out of the Third District Court, in and for the Parish of Union, State of Louisiana, in the above styled and numbered cause and to me directed as Sheriff of Union Parish, I have seized and taken into my possession and will offer for sale at public auction at the front door of the Courthouse in the Town of Farmerville, Louisiana, within legal hours of sale, on September 08, 2010, the following described property, to-wit:
TRACT I
Beginning at the Southeast corner of the SW? of SE?, Section 16, Township 22 North, Range 1 East, Union Parish, Louisiana, and run thence North along quarter-section line 57.8 ft. to a point situated in the old. Farmerville-Marion Road for starting point; continue thence North along said forty line 683.2 ft., thence run West 1320 ft., run thence North 264 ft., thence run West 480 ft., run thence North 315 ft., run thence West 293.7 ft., run thence North 150 ft. to a branch, run thence Northwesterly along said branch to the center line of the Farmerville-Oakland Road, thence run South 15º20’ West 810.6 ft., run thence South 30º50’ West 600.4 ft. to the intersection of Union Parish Route #348 and the West quarter-section line of the SE? of SW?, Section 16, Township 22 North, Range 1 East, Union Parish, Louisiana, thence run North 84º34’ East 1433.2 ft., thence run South 78º55’ East 1248.7 ft. to starting point, together with all improvements situated thereon and thereto belonging.
LESS AND EXCEPT
Begin at an iron pipe which is the northwest corner of the lot sold by E.E. Ballard to James T. Ballard, recorded in Deed Book 262, page 607 Records of Union Parish, Louisiana, and referred to as “J.T. Ballard Lot.” and run thence North 04º49’ West 157.5 ft. to an iron stake; Thence North 89º32’ East 287.1 ft., to an iron stake; thence run South 12º01 minutes East 204.8 ft. to an iron stake; thence run South 68º45” West 78 ft., along the centerline of an old abandoned road to an iron pipe which is the Southeast corner of J.T. Ballard Lot; thence run North 12 degrees 01 minutes West 72.8 feet to an iron pipe which is the Northeast corner of J.T. Ballard Lot; Thence South 89°32’ West 228.6 ft. to the point of beginning; being situated in the Southeast Quarter of Southwest Quarter (SE? of SW?) Section 16, Township 22 North, Range One East, containing 1.16 acres, more or less together with all the improvements situated thereon and thereto belonging;
ALSO LESS AND EXCEPT
A lot or parcel of land located in the Southeast Quarter of the Southwest Quarter (SE? of SW ?) of Section Sixteen (16) Township Twenty-two (22) North, Range One (1) East, described as follows: The point of beginning of the survey is located one hundred twenty (120.0) feet South eighty-six degrees and nine minutes East (S 86-09 E) of the U.S. Department of Agriculture, Soil Conservation Service, Monument Number LA-5 14 1937 which is a bronze disc mounted in a concrete post and twenty-two (22) feet North of the center line of Louisiana Highway Number 348. This point is approximately 1.4 miles along the above mentioned road from the Conway, Louisiana crossroad. The boundaries of this parcel of land are described as follows: From the above located point of beginning (an iron pipe) which is the Southwest corner of this parcel proceed one hundred fifty nine and forty-five one hundredths (159.45) feet in the direction North four degrees and forty-nine minutes West (N 04-49 W) to the Northwest corner (an iron pipe); THENCE two hundred twenty-eight and sixty-five one hundredths (228.65) feet in the direction North eighty-nine degrees and thirty-two minutes East (N 89-32 E) to the Northeast corner (an iron pipe); THENCE seventy-two and eighty one hundredths (72.80) feet in the direction South twelve degrees and one minute East (S 12-01 E) to the Southeast corner (an iron pipe) in the center of an old abandoned roadbed); THENCE two hundred forty-seven and twenty-five one hundredths (247.25) feet in the direction South sixty-eight degrees and forty-five minutes West (S 68-45 W) which is along the centerline of the old abandoned roadbed to the point of beginning. The calculated area of this parcel of land is 0.621 acres, more or less, together with all improvements thereon.
ALSO LESS AND EXCEPT
Begin at a point on the North side of the Conway and Marion Highway, where said Highway crosses the East side of the SW? of the SE?, of Section 16 Township 22 North, Range l East, and run Westerly along the North side of said Highway 140 yards for the point of beginning, thence run due North 70 yards, thence run due West 70 yards, thence run due South to the north side of said Highway, thence Easterly along said Highway to the place of beginning, containing 1 acre more or less, in the SW? of the SE? of Section 16 Township 22 North, Range 1 East.
AND ALSO LESS AND EXCEPT
A lot of parcel of land located in the SE corner of the SW ? of SE? Section 16, Township 22 North, Range 1 East, described as commencing at a point on the North side of the Conway and Marion Highway (Highway No. 617) at the point where said highway crosses the East side of said SW ? of SE?, and with this as a point of beginning run thence North up said forty line a distance of 70 yards; thence West 70 yards; thence South 70 yards; to the North side of said Highway; thence East along the North side of said Highway to the place of beginning. Containing 1 acre, more or less, together with all the improvements situated thereon and thereto belonging. Containing after exceptions, 30.113 acres, more or less, being the same property described in Conveyance Book 342, Page 190, records of Union Parish, Louisiana.
TRACT II
A certain tract of land situated in the W? of the SE ? of the E? of the SW ? of Section 16, Township 22 North, Range 1 East, Union Parish, Louisiana and being more particularly described as follows, to-wit: Commencing at a 5/8 inch rebar set marking the SE corner of the NW 1 /4 of the SE 1/4 of said Section 16 and being the POINT OF BEGINNING, thence S 0° 3’ 56” W along the East line of the SW 1/4 of the SE 1/4 of said Section 16, 315 feet to a 5/8 inch rebar set; thence S 89° 55’ 32” W 1310.58 feet to a 5/8 inch rebar set on the West line of the SW 1/4 of the SE 1/4; thence continuing S 89 ° 55’ 32” W 489.42 feet to a 5/8 inch rebar set; Thence N 0° 03’ 56” E 315.00 feet to a 5/8 inch rebar set on the North line of the SE 1/4 of the SW 1/4 of said Section 16; Thence N 89° 55’ 02” E along said North line 395.72 feet to a 5/8 inch rebar set at the SW corner of the East 31 yards of the NE 1 /4 of the SW 1/4; thence N 0°3’ 43” W along the west line of said 31 yard strip for a distance of 61.49 feet to a 5/8 inch rebar set; thence N 89° 55’ 41” E 1404.42 feet to a 5/8 inch rebar set on the East line of the NW 1/4 of the SE 1/4; thence S 0°03’ 56” W along said line 61.49 feet to the POINT OF BEGINNING; containing 15.000 acres, more or less, and being subject to any Rights-of-Ways, Easements, or servitudes of record, or use. AND A certain strip of land being Twenty (20) feet in width, ten (10) feet on each side of the centerline of a Twenty foot wide access road described herein, and situated in the SE 1/4 of the SW 1/4 of Section 16, Township 22 North, Range 1 East, Union Parish, Louisiana and being more particularly described as follows, to-wit: Commencing at a 5/8 inch rebar set marking the SE corner of the NW 1 /4 of the SE 1/4 of said Section 16, Thence S 0° 03’ 56” W along the East line of the SW 1/4 of the SE 1/4 of said Section 16, 315.00 feet to a 5/8 inch rebar set, thence S 89° 55’ 32” W 1310.58 feet to a 5/8 inch rebar set on the West line of the SW 1/4 of the SE 1/4; Thence continuing S 89° 55’ 32” W 489.42 Feet to a 5/8 inch rebar set; Thence N 0° 03’ 56” E 305.00 feet to the POINT OF BEGINNING; Thence S 89° 55’ 02” W, parallel to the North line of the SE 1/4 of the SW 1/4, for a distance of 334.32 feet to the centerline of Game Reserve Road, the end.
TRACT III
A certain tract of land being a portion of Tract No. 2 of the M.L. Cherry Estate Partition Survey, situated in the S? of the NW? of Section 18, T21N, R1 E, Union Parish, Louisiana, and being more particularly described as follows, to-wit: Commencing at a 5/8 inch rebar set marking the SW Corner of the SW? of the NW?; thence S89°24’ 17”E along the South line of the S? of the NW? of said Section 18, 996.42 feet to a 5/8 inch rebar set marking the Point of Beginning; North 279.71 feet to a 5/8 inch rebar set; thence S89°24’1 7”E, 231.51 feet to a 5/8 inch rebar set; thence NI °28’43”W, 661.60 feet to a 5/8 inch rebar set; thence N82°33’06”E, 231.42 feet to a 5/8 inch rebar set; thence N85°26’00”E, 372.62 feet to the centerline of Louisiana Highway No. 15; thence S1°28’43”E along the centerline of said highway 1,007.42 feet to the South line of the S? of the NW?’ of said Section 18; thence N89°24’17”W along said line 841.37 feet to the Point of Beginning; containing 15.03 acres, more or less, and being subject to any rights-of-ways, easements or servitudes of record or use.
TRACT IV
A tract of land located in the SE? of NE?, Section 6, Township 21 North, Range 1 East, more fully described as: Beginning at the NE/c of the SE? of the NE? of Section 6, T21N, R1E, run South along forty line 208.71 feet, thence run West parallel with the North forty line to the center of State Highway No. 549, thence run in a Northeasterly direction along said highway to the North forty line, thence run East along North forty line to the East forty line of said forty to the Point of Beginning, containing 5 acres, more or less, together with all improvements situated thereon and thereto belonging. Seized as the property of the defendant and will be sold to satisfy said WRIT OF SEIZURE AND SALE and all costs.
Terms of sale: Cash to the last and highest bidder, WITH the benefit of appraisement.
Robert G. “Bob” Buckley
Sheriff
07/29/10 09/02/10
FARMERVILLE TOWN Council
Special Meeting
May 25, 2010
Amended Minutes
The Farmerville Town Council met in special session at Town Hall located at 407 South Main, Farmerville, Louisiana, on May 25, 2010, at 5:00 p.m. The council members present were Mayor M. Stein Baughman, Jr., Alderman Jerry Taylor, Lavelle Maine, Joseph Jones, Wayne "Pone" Jones and Gerome Nation.
The roll was called and with a quorum present Mayor Baughman called the meeting to order and the invocation was offered by Alderman Jerry Taylor.
On motion by Nation, seconded by Taylor and unanimously approved to authorize payment of $102,247 in matching funds for Grant on Hwy 33 South Sewer.
On motion by Jones, seconded by Maine and unanimously approved to go into executive session to discuss personnel.
On motion by Taylor, seconded by Maine and unanimously approved to come out of executive session.
On motion by Taylor, seconded by Maine to terminate the person involved in discussion in executive session. The motion passed by the following vote: Yeas - Taylor, Maine, Joe Jones. Nays - "Pone" Jones, Nation.
On motion by Taylor, seconded by Nation and unanimously approved to adjourn this meeting the 25th day of May, 2010.
Gay Nell Pepper, Town Clerk
M. Stein Baughman, Jr., Mayor
D'ARBONNE WOODS Charter School, Inc. is now accepting bids for breakfast food items that require no preparation at the school. Food can be brought in bulk or in individual sealed trays, or be ready to serve Danish cereal. Estimated # of meals daily 200 to 225. All products must have a CN label and meet School Nutrition Guidelines. Sealed bids will be accepted until August 4, 2009 5:00 pm, either by Certified mail or in person to
D'Arbonne Woods Charter School, Inc.
1104 Sterlington Hwy.
Farmerville, LA. 71241
Bids will be opened publicly at 2:00 pm on August 5, 2010 at the School office. The D'Arbonne Woods Charter School Food Service Program is estimated to be funded 46% with federal funds for an approximate total of $95493.85.
NOTICE is hereby given, pursuant to article IV, section 21 (D) (1) of the Louisiana Constitution, that on July 21, 2010, Entergy Louisiana, LLC (“ELL”) an electric public utility providing retail electric service to customers in forty-three (43) Parishes of the State of Louisiana, filed with the Louisiana Public Service Commission (“LPSC” or the “Commission”) in LPSC Docket No. U-30981, pursuant to Article IV, Section 21(D)(3) of the Louisiana Constitution and Title 45, Section 1163.1 of the Louisiana Revised Statutes, a new Rider Financed Storm Cost II (“FSC II”) rider schedule, and a new Rider Storm Cost Offset II (“SCO II”) rider schedule, that implement, effective the first billing cycle of August (July 30) various rate changes for recovery in rates of costs related to Hurricanes Gustav and Ike financed pursuant to Act 55 of the Louisiana Legislature's Regular Session of 2007.
In order to pursue financing authorized by Act No. 55, ELL and the Louisiana Utilities Restoration Corporation (“LURC” or “Corporation”) have received pursuant to LPSC Order U-30981-A: (1) approval and authorization for the LURC to finance, through the issuance of “system restoration bonds” by the Louisiana Local Government Environmental Facilities and Community Development Authority (the “LCDA”), a non-shareholder contribution to ELL's capital; (2) approval to create system restoration property in favor solely of the Corporation, including the right to impose and collect system restoration charges sufficient to pay the system restoration bonds and associated financing costs; and (3) approval of a tariff to implement the system restoration charges on behalf of the Corporation. Further, the Corporation and ELL have received Commission authorization for the issuance of system restoration bonds in one or more series in an aggregate principal amount equal to the sum of: (a) $260,729,711 of system restoration costs, plus (b) the costs of funding storm damage reserves in the amount of $200,000,000 in a restricted escrow account, plus (c) issuance costs of $8,170,289. When rounded, these components result in a total issuance of $468,900,000.
To finance these costs, ELL will implement Rider Financed Storm Cost II (Rider “FSC II”) Rates, on behalf of LURC, effective by billing on the first day of the first billing cycle of the next revenue month following the issuance date of the system restoration bonds. Based upon a system restoration bond issuance date of July 22, 2010, Rider FSC II will be implemented with the first billing cycle of August 2010 (July 30). The FSC II Rates, as periodically adjusted, will continue in effect until all system restoration bonds shall have been paid in full and all financing costs of the system restoration bonds shall have been recovered in full. Consistent with the LPSC's determination in Order Nos. U-30981 and U-30981-A, the calculation of the FSC II Rates will apply to all rate classes, including the Special Contracted Rate customers and will be non-bypassable, which means that, with limited exception, all existing and future LPSC-jurisdictional ELL customers will be responsible for these charges.
Any insurance proceeds or governmental grants or aid reflecting permanent recovery of system restoration costs received after issuance of the Financing Order, together with any interest earnings associated with those insurance proceeds or governmental grants or aid reflecting permanent recovery of system restoration costs received after the issuance of the Financing Order will be returned to customers of ELL through the Rider Storm Cost Offset II (Rider “SCO II”). Other adjustments required to compensate for certain costs or benefits relating to elements other than those relating to the financing transaction, including accumulated deferred income taxes and other savings pursuant to Act 55 Financing as provided for in Order U-30981-C, will be reflected in the Rider SCO II.
Using the method of allocation and rate design approved by the LPSC, the system restoration charge, billed on behalf of the LURC, on the monthly electric bill through Rider FSC II for one of ELL's LPSC-jurisdictional residential customers using 1,000 kWh will be $2.91 per month. The system restoration charge, billed on behalf of the LURC, on the monthly electric bill through Rider FSC II for one of ELL's LPSC-jurisdictional Small General Service customers using 12,500 kWh will be $41.56 per month and for one of ELL's LPSC-jurisdictional Large General Service customers using 1000 kW and 500,000 kWh will be $944.39 per month. Rider SCO II imposed on the monthly electric bill of one of ELL's LPSC-jurisdictional residential customers using 1,000 kWh will be a credit of $1.06 per month. Rider SCO II imposed on the monthly electric bill of one of ELL's LPSC-jurisdictional Small General Service customers using 12,500 kWh will be a credit of $15.12 per month. Rider SCO II imposed on the monthly bill of one of ELL's LPSC-jurisdictional Large General Service customers using 1000 kW and 500,000 kWh will be a credit of $343.46 per month.
In sum, beginning with the first billing cycle of August (July 30) the total net effect of Riders FSC II and SCO II to an ELL LPSC-jurisdictional residential customer using 1,000 kWh will be an increase of $1.85 per month. The total net effect of Riders FSC II and SCO II to an ELL LPSC-jurisdictional Small General Service customer using 12,500 kWh will be an increase of $26.45 per month. The total net effect of Riders FSC II and SCO II to an ELL LPSC-jurisdictional General Service customer using 1000 kW and 500,000 kWh will be an increase of $600.93 per month.
A copy of these rider schedules may be viewed in the Office of the Louisiana Public Service Commission in Baton Rouge, Louisiana.
Entergy Louisiana, LLC
D'ARBONNE WOODS Charter School, Inc. is now accepting sealed bids for School Lunch services for the 2010/2011 School Year. Bid price per meal to serve approximately 300 meals per day for 172 days. Meals must meet all Child Nutrition Guidelines. Price to include transportation to the school daily at temperatures according to State Law. Food can be served in bulk or individual sealed meals. Bids will be accepted until August 4, 2010 5:00 p.m., bids will be opened publicly at 2:00 p.m. on August 5. Send by Certified mail or in person to
D'Arbonne Woods Charter School, Inc.
Attn: Gina LaValle
1104 Sterlington Hwy.
Farmerville, LA 71241
The D'Arbonne Woods Charter School Food Service Program is estimated to be funded 46% with federal funds for an approximate total of $95493.85 per year.
D'ARBONNE WOODS Charter School, Inc. is accepting bids for milk products for 2010/2011 School Year. Sealed bids for 1/2 pt. containers of whole milk, low fat milk, skim milk, and low fat chocolate milk, will be accepted until August 4, 2010, 5:00 pm. Estimated total purchases for the year approximately 75,000 units. Send bids to D'Arbonne Woods Charter School, Inc.
1104 Sterlington Hwy.
Farmerville, LA 71241
By certified mail or deliver in person to Gina LaValle at the above address. Bids will be publicly opened at 2:00 p.m. on August, 2010, at the school office. The D'Arbonne Woods Charter School Food Service Program is estimated to be funded 46% with federal funds for an approximate total of $95493.85 per year.
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted by the Police Jury of the Parish of Union, State of Louisiana (the "Governing Authority"), acting as the governing authority of the Parish of Union, State of Louisiana (the "Parish"), on April 6, 2010, NOTICE IS HEREBY GIVEN that a special election will be held within the Parish on SATURDAY, OCTOBER 2, 2010, 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:
MILLAGE PROPOSITION
Summary: 10 year, 1 mill property tax to support, improve, operate and maintain the Union Parish Public Library.
Shall the Parish of Union, State of Louisiana (the "Parish"), levy a one (1) mill tax on all property subject to taxation in the Parish (an estimated $131,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2010 and ending with the year 2019, to be used to support, improve, operate and maintain the Union Parish Public Library?
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
Precinct 01
Location - Junction City Voting Building, Hwy. 167 @ Pine St., Junction City
Precinct 02
Location - Lillie Town Hall, 111 Hwy. 15, Lillie
Precinct 03
Location - McDaniel Recreation Center, 211 Willow Street, Bernice
Precinct 04
Location - Spearsville Town Hall, 2511 Hwy. 3121, Spearsville
Precinct 05
Location - Bernice High School, 119 8th Street, Bernice
Precinct 06
Location - Shiloh Baptist Church Fellowship Hall, 12841 Hwy. 2, Bernice
Precinct 07
Location - Daniels Flea Market and Antq, 5469 Hwy. 15, Zion Hill Community
Precinct 08
Location - Laran Voting Building, 1329 Hwy. 550, Laran
Precinct 09
Location - Laran Voting Building, 1329 Hwy. 550, Laran
Precinct 10
Location - Truxno Voting Building, 2670 Hwy. 549, Truxno
Precinct 11
Location - C & W Tire Store, 7710 Hwy. 33, Farmerville
Precinct 12
Location - Cooperation Ext Auditorium, 210 E. Water Street, Farmerville
Precinct 13
Location - Parish Health Unit Building, 1002 Marion Hwy., Farmerville
Precinct 14
Location - Cooperation Ext Auditorium, 210 E. Water Street, Farmerville
Precinct 15
Location - Parish Health Unit Building, 1002 Marion Hwy., Farmerville
Precinct 16
Location - Sardis Fire Station, 2105 Sardis Fire Station Road, Farmerville
Precinct 17
Location - Holmesville Voting Bldg., 518 Pint Road, Holmesville Community
Precinct 18
Location -Mt Ararat Recreation Center, 792 Hwy. 552, Mt Ararat Community
Precinct 19
Location - Point-Wilhite Fire Station, 2393 Hwy. 552, Point
Precinct 20
Location - Point-Wilhite Fire Station, 2393 Hwy. 552, Point
Precinct 21
Location - Mt Ararat Recreation Center, 792 Hwy. 552, Mt Ararat Community
Precinct 22
Location - Parish Health Unit Building, 1002 Marion Hwy., Farmerville
Precinct 23
Location - Antioch Community Grocery, 4960 Hwy. 2, Farmerville
Precinct 24
Location - Marion High School, 3078 Taylor Street, Marion
Precinct 25
Location - Marion High School, 3078 Taylor Street, Marion
Precinct 26
Location - Marion High School, 3078 Taylor Street, Marion
Precinct 27
Location - Linville Fire Station Office, 2222 Hwy. 143, Linville
Precinct 28
Location -Spencer Fire Station, 6439 Hwy. 143, Spencer
Precinct 29
Location - Pleasant Hill Baptist Church Fellowship, 10267 Hwy. 143, Rocky Branch
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 Police Jury Meeting Room of the Courthouse Annex, 303 E. Water Street, Farmerville, Louisiana, on TUESDAY, NOVEMBER 2, 2010, at SEVEN O'CLOCK (7:00) 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 Farmerville, Louisiana, on this, the 6th day of April, 2010.
ATTEST:
/s/ Dan Morgan
Secretary-Treasurer
/s/ Johnny Buckley
President
7/8/10, 7/15/10, 7/22/10, 7/29/10
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted by the Board of Commissioners of the Spearsville Fire District of Union Parish, Louisiana (the "Governing Authority"), acting as the governing authority of Spearsville Fire District of Union Parish, Louisiana (the "District"), on June 1, 2010, NOTICE IS HEREBY GIVEN that a special election will be held within the District on SATURDAY, OCTOBER 2, 2010, and that at the said election there will be submitted to all registered voters in the District qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following propositions, to-wit:
PROPOSITION NO. 1
(MILLAGE)
Summary: 10 year, 6 mills property tax for Spearsville Fire District of Union Parish for acquiring, constructing, improving, maintaining and operating fire protection facilities and equipment, including fire trucks, for the District, including the cost of obtaining water for fire protection purposes.
Shall Spearsville Fire District of Union Parish, Louisiana (the "District"), levy a six (6) mills tax on all the property subject to taxation in the District (an estimated $15,600 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2010 and ending with the year 2019, for the purpose of acquiring, constructing, improving, maintaining and operating fire protection facilities and equipment, including fire trucks, in the District, including the cost of obtaining water for fire protection purposes?
PROPOSITION NO. 2
(SERVICE CHARGE)
Summary: 10 year, $50.00 annual service charge in Spearsville Fire District of Union Parish for the costs of any fire protection and emergency services.
Shall Spearsville Fire District of Union Parish, Louisiana (the "District"), levy and collect an annual service charge of Fifty Dollars ($50) from persons owning residential or commercial structures, whether occupied or unoccupied located wholly or partly within the boundaries of the District, for a period of ten (10) years, beginning with the year 2010 and ending with the year 2019 (an estimated $26,900 reasonably expected at this time to be collected from the levy of said service charge for an entire year), for the costs of any fire protection and emergency services, and for the purposes of assessing and collecting said service charge, owners shall be charged for each such structure which they own, each residential or commercial unit in a structure shall be considered a separate structure and a mobile home, as defined in R.S. 9:1149.2(3), shall be considered a structure, all as provided in the applicable provisions of R.S. 40:1502.1?
The said special election will be held at the following polling places situated within the District, 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
Precinct: 02
Location: (IN PART) Lillie Town Hall, 111 Hwy. 15, Lillie
Precinct: 04
Location: (IN PART) Spearsville Town Hall, 2511 Hwy. 3121, Spearsville
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 Spearsville Town Hall, 2511 Hwy. 3121, Spearsville, Louisiana, on TUESDAY, OCTOBER 5, 2010, at SIX-THIRTY O'CLOCK (6:30) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the results of the said special election. All registered voters of the District are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Spearsville, Louisiana, on this, the 1st day of June, 2010.
ATTEST:
/s/ John B. Rhodes
Chairman
/s/ Joel Williams
Secretary
PURSUANT TO the provisions of a resolution adopted by the Board of Commissioners of the Sadie-Tiger Bend Fire Protection District of the Parish of Union, State of Louisiana (the "Governing Authority"), acting as the governing authority of Sadie-Tiger Bend Fire Protection District of the Parish of Union, State of Louisiana ("The District"), on May 31, 2010, NOTICE IS HEREBY GIVEN that a special election will be held within the District on SATURDAY, OCTOBER 2, 2010, and that at the said election there will be submitted to all registered voters in the District qualifid 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:
MILLAGE PROPOSITION
Summary: 10 year, 10 mills property tax for Sadie-Tiger Bend Fire Protection District of the Parish of Union for acquiring, constructing, improving, maintaining and operating fire protection facilities and equipment, including fire trucks, for the District and including the cost of obtaining water for fire protectio purposes.
Shall Sadie-Tiger Bend Fire Protection District of the Parish of Union, State of Louisiana (the "District"), levy a ten (10) mills tax on all the property subject to taxation in the District (an estimated $14,900 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2010 and ending with the year 2019, for the purpose of acquiring, constructing, improving, maintaining and operating fire protection facilities and equipment, including fire trucks, in the District and including the cost of obtaining water for fire protection purposes?
The said special election will be held at the following polling places situated within the District, 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
Precinct 10: (IN PART) Truxno Voting Building, 2670 Hwy. 549, Truxno
Precinct 24: (IN PART) Marion High School, 3078 Taylor Street, Marion
Precinct 25: Marion High School, 3078 Taylor Street, Marion
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 Marion Fire Station, 111 Gayle Street, Marion, Louisiana, on THURSDAY, OCTOBER 7, 2010, at SEVEN O'CLOCK (7:00) 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 District are entitled to vote at said special election and voting machines will be used.
THUS DONE AND SIGNED at Marion, Louisiana, on this, the 31st day of May, 2010.
ATTEST: /s/Chad Towns
Chairman
/s/Lawrence Lane
Secretary
NOTICE OF SPECIAL ELECTION
Pursuant to the provisions of a resolution adopted by the Board of Commissioners of Ward Five Fire Protection District, Union Parish, Louisiana (the "Governing Authority"), acting as the governing authority of Ward Five Fire Protection District, Union Parish, Louisiana (the "District"), on March 11, 2010, NOTICE IS HEREBY GIVEN that a special election will be held within the District on SATURDAY, OCTOBER 2, 2010, and that at the said election there will be submitted to all registered voters in the District qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to wit:
PROPOSITION
(MILLAGE RENEWAL)
Summary: 10 year, 10 mills property tax renewal for Ward Five Fire Protection District for acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection in the District?
Shall Ward Fire Five Protection District, Union Parish, Louisiana (the "District"), levy a tax of ten (10) mills (the "Tax"), on all the property subject to taxation within the District (an estimated $270,000 reasonably expected at this time to be collected from the levy of the tax for an entire year), for a period of ten (10) years, beginning with the year 2011 and ending with the year 2020, for the purpose of acquiring, constructing, improving, maintaining or operating fire protection facilities, vehicles and equipment, including both movable and immovable property, that are to be used to provide fire protection in the District?
The said special election will be held at the following polling places situated within the District, 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:
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 Roger's Fire Station, 11616 Hwy. 15, Downsville, Louisiana, on THURSDAY, NOVEMBER 11, 2010, 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 District are entitled to vote at said special election and voting machines will be used. THUS DONE AND SIGNED at Downsville, Louisiana, on this, the 11th day of March, 2010. ATTEST:
/s/Arlene Nunn
Secretary
/s/Dennis Kyle
Chairman
SPECIAL MEETING UNION PARISH POLICE JURY
Farmerville, Louisiana
July 20, 2010
The Union Parish Police Jury met this date in special session in the Police Jury meeting room, Courthouse Annex, Farmerville, Louisiana with the following present: Charles Sawyer, Lanny Parker, A. J. Smith, Johnny Buckley, Alvin Allen, Don Acree and John Watley. Absent: Jerry Rugg and Vergil Ramsey. The President called the session to order and welcomed all guests. Prayer was expressed by Mr. Allen. Mr. Smith led the group in the Pledge of Allegiance.
Mr. Buckley asked if anyone in the audience would like to register for public comment.
After the opportunity for public comment, Motion Mr. Smith, seconded Mr. Sawyer and declared adopted by unanimous roll call vote of the Jury to approve the agenda with the following addition:
6. Discuss and take action, if necessary, to transfer the title of Zion Hill Fire Station to the Farmerville Area Fire Protection District and authorize the President to execute all necessary documents.
Motion Mr. Sawyer, seconded Mr. Parker to transfer Ms. Angelet Dismuke to the position of Human Resources Director for the Jury, effective July 21, 2010. Ms. Sara Johnson, current Director, is moving to another part of the State. Ms. Dismuke's bi-weekly salary will be the same salary as previously established for this position. Motion carried 6-0 (Mr. Smith abstained).
Motion Mr. Smith, seconded Mr. Sawyer to transfer the title of Zion Hill Fire Station to the Farmerville Area Fire Protection District and authorize the President to execute all necessary documents. Motion carried unanimously.
In accordance with Ordinance 549, time for public comment was given. No comment was made.
There being no further business to come before the Jury, the President declared the meeting adjourned upon motion by Mr. Parker, seconded by Mr. Acree on this the 20th day of July, 2010.
Dan Morgan, Secretary-Treasurer
Johnny Buckley, President
AS OF 7/1/10, I, Timothy R. Smith will not be responsible for any bills or anything that I did not accrue.
FARMERVILLE TOWN Council
Regular Meeting
July 12, 2010
The Farmerville Town Council met in regular session at Town Hall located at 407 South Main, Farmerville, Louisiana, on July 12, 2010, at 5:00 p.m. The council members present were Mayor M. Stein Bauhgman, Jr, Alderman Jerry Taylor, Lavelle Maine, Wayne "Pone" Jones and Gerome Nation.
The roll was called and with a quorum present Mayor Baughman called the meeting to order.
On motion by "Pone" Jones, seconded by Joseph Jones and unanimously approved to approve the minutes from the June 14, 2010 regular meeting.
On motion by Maine, seconded by "Pone" Jones and unanimously approved to approve the minutes from the June 29, 2010 special meeting.
On motion by "Pone" Jones, seconded by Nation and unanimously approved to amend the minutes from May 25, 2010 special meeting.
On motion by Taylor, seconded by Maine and unanimously approved to approve payment of the June accounts payable.
On motion by "Pone" Jones, seconded by Nation and unanimously approved to raise the marshal salary by $200 per month.
On motion by Nation, seconded by "Pone" Jones and unanimously approved to purchase a Fire truck off the State Contract.
At this time a public hearing was held to hear the citizens views and opinion on the LCDBG Disaster Recovery Grant.
On motion by "Pone" Jones, seconded by Taylor and unanimously approved to adopt Resolution No. 04-10 pertaining to the CDBG Disaster Recovery Grant.
TOWN OF FARMERVILLE
DISASTER RECOVERY CDBG SELECTION CRITERIA
ADMINISTRATIVE CONSULTANTS AND ENGINEERS
RESOLUTION NO 14-10
WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the Disaster Recovery Community Development Block Grant (DR CDBG) Municipalities Infrastructure Program (MIB) administered by the Division of Administration; and,
WHEREAS, it is necessary under the program regulations to authorize certain procurement actions for engineers and administrative consultants where Disaster Recovery CDBG funds are utilized for such professional services and individuals to perform certain designated functions by the State.
NOW THEREFORE BE IT RESOLVED, that the Town of Farmerville as legal recipient of the Disaster Recovery CDBG funds does hereby authorize the following actions:
SECTION I
WHEREAS, the projects to be applied for under the Disaster Recovery CDBG Municipalities Infrastructure Program will require administrative consultants and engineers; and,
WHEREAS, the Program requires that a procurement process be established by the Town; and,
WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Town the professional firms most qualified to perform the duties as required.
NOW, THEREFORE BE IT RESOLVED, that the Town of Farmerville, as legal recipient of the Disaster Recovery CDBG Municipalities Infrastructure Program funds, does hereby appoint the following persons as the Disaster Recovery CDBG Program Professional Services Selection Committee to review and rank Administrative Consulting Firms and engineering firms in conformance with the following selection criteria:
Mayor M. Stein Baughman, Jr
Gay Nell Pepper
Jerry Taylor
SECTION 2
ADMINISTRATIVE CONSULTING SERVICES
WHEREAS, the project to be applied for under the Disaster Recovery CDBG Municipalities Infrastructure Program will require the procurement of an administrative consulting services for projects in the Town of Farmerville in conformance with the following selection criteria when Disaster Recovery CDBG funds are utilized for such services ; and,
WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Town of Farmerville the professional firm most qualified to perform the duties as required in conformance with the following selection criteria;
ADMINISTRATIVE CONSULTANTS SELECTION CRITERIA
All responses to the proposal will be evaluated according to the following criteria and corresponding numerical rating system. The maximum number of points is 100. The proposals will be evaluated on the basis of written materials. Sufficient information must be included in the proposal to assure the correct rating. Incomplete or incorrect information may result in a lower evaluation.
Selection Criteria:
Proposal Costs 15 Pts.
Required Price Consideration
The lowest priced proposal will receive the maximum points for price. Other, more expensive proposals will receive reduced amounts of points awarded for the price based on the following formula with rounding to the nearest tenth.
Lowest Proposal x Total Possible Pts.= Pts. Allocated to a expensive proposal
More expensive proposal
Statement of Cost – When combined with the proposed cost, the following evaluation factors will be significantly more important than cost:
SECTION B: Non Cost Evaluation
Non Cost Evaluation Factors
Below are six non cost evaluation factors for using in a rating system. The total points are the maximum numerical points allowable under each factor. Under each factor are sub factors with maximum points assigned. Proposers are to be graded within each sub factor from 0 to the maximum point and then totaled for each factor.
1.Personnel qualifications 15 Pts.
Consideration can be given to a combination of education attainment and years of CDBG experience of proposer’s staff.10 pts
Consideration can be given to particular types of experience relevant to the Disaster Recovery proposal. 5pts.
2.Management capability 10 Pts.
Consideration can be given to employees’ depth of skills of proposer.2 pts.
Consideration can be given to the number of employees proposers will devote to this proposal.2pts.
Consideration can be given to the length of time proposers have been in business.2 pts.
Consideration can be given to diversity of experience proposers have in conducting federal grant programs.2pts.
Consideration can be given to financial capacity of the firm to undertake the contract.2pts.
3.Prior experience 20 Pts.
Consideration can be given to the number and types of local government proposers have worked with in the past.10pts.
Consideration can be given to the number of CDBG projects proposers have completed relevant to the DR proposal. 5pts.
Consideration can be given to the diversity of types of programs [housing, public facilities, economic development] proposer has conducted in the past.5pts.
4.Technical excellence 15 Pts.
Consideration can be given to the proposer’s knowledge of the CDBG program.5pts
Consideration can be given to the proposer’s staff expertise in particular CDBG program areas [acquisition, housing rehabilitation, financial management etc.]5pts.
Consideration can be given to the proposer’s unique contributions or processes developed in the conduct of previous CDBG programs.5pts.
5.Past performance 20 Pts.
Consideration can be given to the number and quality of proposer’s references attesting to the quality of work with previous CDBG grants.
Greater than 50 CDBG Projects 20 Pts.
25-49 CDBG Projects 10 Pts.
0-24 CDBG Projects 5 Pts.
The Town of Farmerville shall authorize proposers, if requested, to identify past or current contracts that are similar in nature to the proposal and to provide information on problems encountered on the identified contracts and the proposer corrective actions. In the case of proposer(s) without a record of relevant past performance or for whom information on past performance is not available, the proposer may not be evaluated favorably or unfavorably on past performance.
6.Compliance with solicitation requirements 5 Pts.
Consideration can be given to the proposer’s understanding of the scope of the work to be performed.3pts.
Consideration can be given to the proposer’s completeness in its submission to the RFP.2pts.
The selection of the finalists to be interviewed, if any is required, will be based on an evaluation of the written responses. The award will be made to the most qualified offerer whose qualification statement is deemed most advantageous to the community, all factors considered. Unsuccessful offerers will be notified as soon as possible.
TOTAL POINTS. FOR REQUIRED AND OPTIONAL CONSIDERATION 100 PTS
BE IT RESOLVED , by the Town of Farmerville that the selection criteria is hereby designated as the criteria whereby all administrative consulting proposals will be evaluated when Disaster Recovery CDBG funds are utilized for such services.
BE IT ALSO RESOLVED THAT THE SELECTION of those services be advertised one time in the official journal and that the selection be scheduled for August 9, 2010.
SECTION 3
ENGINEERING SERVICES
WHEREAS, the project to be applied for under the Disaster Recovery CDBG Municipalities Infrastructure Program will require the procurement of an engineer services for projects in the Town of Farmerville through a Request for Qualification Statements process based upon the following engineering selection criteria when CDBG funds are utilized for such services; and,
WHEREAS, the procurement process requires a selection committee to be designated to review and recommend to the Town of Farmerville the professional firm most qualified to perform the duties as required in conformance with the following engineering selection criteria; and,
ENGINEERING SERVICES SELECTION CRITERIA
Respondents will be evaluated on the basis of written materials submitted in the qualification statements and according to the following criteria: TOTAL MAXIMUM POINTS 100
Experience of the firm with similar project(s).
Total Possible Points: 25 pts.
1). 25 projects 25 pts.
2). 15-24 projects 20 pts.
3). Less than 15 projects 5 pts.
Experience of the firm with other types of CDBG projects within the last 10 years.
Total Possible Points: __25__pts.
1). 25 projects 25 pts.
2). 15 -24 projects 15 pts.
3). Less than 15 projects 5 pts.
Current capacity to perform work.
Total Possible Points: _25___pts.
1). Adequate staff to perform work 10pts.
2). Application deadline can be met, and plans
and specs. be completed within 6 months,
if application is funded 5pts.
Reference from other clients attesting to firms:
Total Possible Points: __25___pts.
a. Quality of work
6-10 Satisfactory References 15 pts.
2-5 Satisfactory References 10 pts.
Less than 2 Satisfactory References 5 pts.
No References 0 pts.
b. Compliance with performance schedules
6-10 Satisfactory References 10 pts.
2-5 Satisfactory References 7 pts.
Less than 2 Satisfactory References 5 pts.
No References 0 pts.
In the event of a tie, oral interviews will be held with those firms. As a result of the interviews, the Town of Farmerville will determine which firm will be selected to enter into contract negotiations. Unsuccessful firms will be notified as soon as possible.
BE IT RESOLVED, by the Town of Farmerville that the selection criteria is hereby designated as the criteria whereby all engineering qualification statements will be evaluated where CDBG funds are utilized for such services.
BE IT ALSO RESOLVED THAT THE SELECTION of those services be advertised one time in the official journal and that the selection be scheduled for August 9, 2010.
Passed and adopted by the Town of Farmerville, State of Louisiana, on this __12th__ day of July ,2010 by the following votes:
YEAS: TAYLOR, MAINE, JONES, JONES, NATION
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
ATTEST:
M. Stein Baughman, Jr. Gay Nell Pepper
Mayor Clerk
On motion by Taylor, seconded by Joseph Jones and unanimously approved to adopt Resolution No. 15-10 pertaining to the Procurement policy for the CDBG Disaster Recovery Grant.
PROCUREMENT POLICY
RESOLUTION NO 15-10
BY
TOWN OF FARMERVILLE
WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the State of Louisiana Disaster Recovery Community Development Block Grant (DRU CDBG) Municipal Infrastructure Program administered by the Division of Administration; and,
WHEREAS, the STATE requires the establishment of uniform procedures in compliance with OMB Circular A-102;
NOW THEREFORE BE IT RESOLVED, by the Town of Farmerville, that the attached policy entitled "Procurement Procedures of the Town of Farmerville , Relative to the CDBG Program" dated July _12__, 2010 is hereby adopted.
Passed, approved and adopted this _12th___ day of July, 2010.
M. Stein Baughman, Jr
Mayor
Gay Nell Pepper
Clerk
PROCUREMENT POLICY
These procedures are intended to serve as guidelines for the procurement of supplies, equipment, construction services and professional services for the Louisiana Disaster Recovery Community Development Block Grant (CDBG) Program. These guidelines meet the standards established in 24 CFR 85:36 and State requirements.
CODE OF CONDUCT
No employee, officer, or agent of the Town of Farmerville shall participate in the selection or in the award or administration of a contract supported by Disaster Recovery CDBG funds if a conflict of interest, real or apparent, would be involved. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for award.
No officer, employee or agent of the Town of Farmerville shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub-agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.
Any alleged violations of these standards of conduct shall be referred to the Town of Farmerville’s Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution.
PROCUREMENT PROCEDURES
The director or supervisor of each department or agency of the Town of Farmerville responsible for procurement of services, supplies, equipment, or construction obtained with Disaster Recovery CDBG funds shall review all proposed procurement actions to avoid the purchase of unnecessary or duplicative items. Such reviews shall consider consolidation or breaking out to obtain a more economical purchase. When determined appropriate by the Director or Supervisor, an analysis to determine which approach would be the most economical shall be undertaken.
The Town of Farmerville shall take affirmative steps to assure that small and minority firms and women-owned business enterprises are solicited whenever they are potential qualified sources. The Town of Farmerville shall also consider the feasibility of dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority firms and women's business enterprises. Where permitted by regulations, delivery schedules will be developed which will include participation by such businesses.
The Town of Farmerville shall assist the prime contractor whenever possible by providing copies of lists which identify qualified small and minority firms, women's business enterprises, and labor surplus area firms.
SELECTION PROCEDURES
ALL procurement carried out with Disaster Recovery CDBG funds, where Town of Farmerville is a direct party, shall be carried out in a manner that provides maximum free and open competition. Procurement procedures will not restrict or eliminate competition. The Town of Farmerville shall not place unreasonable requirements on firms in order for them to qualify to do business. Nor will Town of Farmerville encourage or participate in noncompetitive practices among firms. The Town of Farmerville is alert to organizational conflicts which would jeopardize the negotiation process and limit competition. Town of Farmerville will not require unnecessary experience or bonding requirements.
Pursuant to State law, all solicitations of offers shall incorporate a clear accurate description of the technical requirements for the material, service, or product to be procured. In competitive procurements, these descriptions shall not contain features which unduly limit competition. The description may include a statement of the qualitative nature of the material, product, or service and the minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications shall be avoided whenever possible. A "brand name or equal" description may be used to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors shall be clearly stated.
All solicitations of offers shall clearly set forth all requirements which offerors must fulfill and all other factors to be used in evaluating bids, proposals, or statements of qualifications.
Contracts shall be awarded only to responsible contractors/firms that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement.
Consideration shall be given to such factors as the contractor's/firm's capaTown, integrity, compliance with public policy, record of past performance, and financial and technical resources.
METHODS OF PROCUREMENT
Direct procurement by the Town of Farmerville shall be made by using one of the following methods depending on the type of service to be procured.
Small Purchase Procedures. Relatively simple, informal procurement procedures will be used where the purchase of materials, supplies, equipment, and/or other property will not cost in the aggregate more than $15,000, and for construction with a cost of less than $100,000, except where further limited by State law or Disaster Recovery CDBG policy. The procurement officer must obtain a minimum of three oral or written price or rate quotations from qualified sources. Documentation on all quotations received (whether oral or written) shall be made a part of the file.
Competitive Sealed Bids/Formal Advertising. Under this procedure bids are publicly advertised in accordance with the State's Public Bid Law. A firm fixed price contract (either lump sum or unit price) shall be awarded to the responsible bidder whose bid is lowest in price and which conforms to all the material terms and conditions of the advertisement for bids.
Competitive sealed bids can be used ONLY when the following criteria are met: (1) there are complete, adequate, and realistic specifications or purchase descriptions; (2) there are two or more responsible bidders who are willing and able to compete effectively; (3) the procurement can be made on a firm fixed-price contract and selection of the successful bidder can appropriately be made principally on the basis of price.
When formal advertising is used the following conditions shall be met.
1. The advertisement for bids shall be publicly advertised in accord with State law.
2. The advertisement for bids, including the specifications and pertinent attachments, shall clearly define the items or services needed in order for the bidders to properly respond to the advertisement.
3. All bids shall be opened publicly at the time and place specified in the advertisement for bids.
4. A firm fixed-price contract award shall be made by written notice to the lowest responsible bidder whose bid conforms to the advertisement for bids. Where specified in the bid documents, factors such as discounts, transportation costs, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts shall only be used to determine low bid when prior experience indicates that such discounts are generally taken.
5. Notwithstanding the above, any or all bids may be rejected when there are sound documented business reasons in the best interest of the Disaster Recovery CDBG Program. Competitive Negotiation: Requests for Proposals/Qualification Statements The technique of competitive proposals is normally conducted with more than one source submitting an offer. This method may be used when formal advertising is not appropriate. Architectural and engineering services must be procured via requests for qualification statements; administrative consulting services must be procured via requests for proposals. Other professional services may also be procured by requests for proposals. The following procedures will be used for competitive negotiation:
1. Requests for proposals or qualification statements must be advertised in a newspaper in the nearest metropolitan area in accordance with the rules of the State's Disaster Recovery CDBG Program. All submittals will be honored and entered into the competition.
2. The request for proposals or qualification statements shall identify all significant evaluation factors or selection criteria, including the corresponding point system that will be used to rate the proposals/qualification statements.
3. The selecting official (or committee, if one is designated) shall review all proposals and statements received and make a technical evaluation of each. This shall also include a written statement that identifies the basis upon which the selection was made.
4. Contract award will be made to the responsible offeror whose submission is deemed most appropriate to the Town of Farmerville with consideration for price, qualifications, and other factors set by the local governing body. Documentation of notification shall be maintained in the contract selection file for the individual project.
For qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, at least three firms will be solicited. Following the review of the qualification statements received, the most qualified competitor will be selected to enter into contract negotiation. This shall always include negotiation of price to insure cost reasonableness. At the conclusion of successful negotiation, the competitor shall be invited to enter into a contract.
Noncompetitive Negotiation/Sole Source. Noncompetitive negotiation shall be used when small purchase, formal advertising, or competitive negotiation procedures are not feasible. Noncompetitive negotiation will involve solicitations of a proposal from only one source. This can also occur if solicitations under the competitive negotiation procedures result in only one proposal or qualification statement. Noncompetitive negotiation shall only be used when written authorization has been obtained from the State's Office of Community Development/Disaster Recovery Unit (OCD/DRU). In order to qualify for this type of procurement, one of the following circumstances must apply:
1. The item or service is available only from a single source;
2. It is determined that a public urgency or emergency exists and the urgency will not permit the delay beyond the time needed to employ one of the other three methods of procurement.
3. After solicitation of a number of sources, competition is determined to be inadequate.
CONTRACT PRICING
Cost plus percentage of cost and percentage of construction cost methods of contracting MUST NOT be used. The Town of Farmerville shall perform cost or pricing analysis in connection with EVERY procurement action including contract modifications in accordance with the requirements of "Cost and Price Analysis for HUD Grantees and Funding Recipients". Costs or prices based on estimated costs for Disaster Recovery CDBG projects shall be allowed only to the extent that the costs incurred or the cost estimates included in negotiated prices are consistent with federal cost principals. Cost reimbursement, fixed price, per diem contracts, or a combination thereof may be utilized as appropriate.
A cost reimbursement type contract is most appropriate when the scope and extent of the work to be performed are not clearly defined. A cost reimbursement contract MUST clearly establish a cost ceiling which may not be exceeded without formally amending the contract, and must identify a fixed dollar profit which may not be increased unless there is a contract amendment which increases the scope of the work.
A fixed price contract is appropriate when the scope of work is very well defined and product oriented. A fixed price contract MUST establish a guaranteed price which may not increase unless there is a contract amendment that increases the scope of the work.
PROCUREMENT RECORDS
The Town of Farmerville shall maintain records sufficient to detail the history of the procurement. The records shall include the following contract provisions and conditions:
1. Contracts other than small purchase shall contain provisions which allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and provide for sanctions and penalties as appropriate.
2. All contracts in excess of $10,000 shall provide for termination for cause and for convenience by the Town of Farmerville including the manner in which it will be done and the basis for settlement.
3. All construction contracts and subcontracts in excess of $10,000 shall include provisions which require compliance with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in DOL regulations (41 CFR Part 60).
4. All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kick-Back" Act (18 USC 874) as supplemented by DOL regulations (29 CFR Part 3).
5. All contracts or subcontracts in excess of $2,000 for construction or repair shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by DOL regulations (29 CFR Part 5).
6. All construction or repair contracts or subcontracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment or mechanics or laborers, shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by DOL regulations (29 CFR Part 5).
7. Each contract shall include a notice of OCD/DRU requirements and regulations pertaining to reporting and patent rights under any contract involving respect to any discovery or invention which arises or is developed in the course of or under such contract, and of the State requirements pertaining to copyrights and rights in data.
8. All negotiated contracts shall include a provision that makes it possible for the OCD/DRU, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to have access to any books, documents, papers, or records of the contractor/firm which are directly pertinent to the contract, for the purpose of making audit examination excerpts and transcriptions. Further, the contract must include a provision that all required records will be maintained by the contractor/firm for a period of four years after the Town of Farmerville formally closes out each Disaster Recovery CDBG program.
9. All contracts, subcontracts, and subgrants in amounts in excess of $100,000 shall contain a provision which requires compliance with the requirements of Section 306 of the Clean Air Act (42 USC 1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
10. Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
11. The Town of Farmerville will be permitted to require changes, remedies, changed conditions, access and record retention, and suspension of work clauses approved by the OCD/DRU.
CONTRACT ADMINISTRATION
The Town of Farmerville shall maintain contract administration systems which insure that contractors/firms perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. The accepted performance of contractors/ firms will be a factor in subsequent contract negotiations and award. Remedial action by the Town of Farmerville through legal processes shall be considered in instances of identified significant nonperformance.
On motion by Maine, seconded by "Pone" Jones and unanimously approved to adopt Resolution No. 16-10 pertaining to the Citizens Participation Plan for Disaster Recovery Grant.
CITIZEN PARTICIPATION PLAN
RESOLUTION NO 16-10
BY
TOWN OF FARMERVILLE
WHEREAS, the Town of Farmerville has been afforded the opportunity to participate in the State of Louisiana Disaster Recovery Community Development Block Grant (DR CDBG) Municipal Infrastructure Program administered by the Division of Administration; and,
WHEREAS, the STATE requires Grantees to establish procedures to ensure adequate citizen participation with the program;
NOW THEREFORE BE IT RESOLVED, by the Town of Farmerville, that the attached policy entitled "Citizen Participation Plan", dated July 12, 2010 is hereby adopted.
Passed, approved and adopted by the Town of Farmerville, Parish of Union, State of Louisiana, on the _12th__ day of July, 2010.
M. Stein Baughman, Jr.
Mayor
Gay Nell Pepper
Clerk
CITIZEN PARTICIPATION PLAN
The Town of Farmerville has adopted the following Citizen Participation Plan to meet the citizen participation requirements of Section 508 of the Housing and Community Development Act of 1974, as amended. The Town of Farmerville is committed through adoption of this plan to full and total involvement of all residents of the community in the composition, implementation and assessment of its Louisiana Disaster Recovery Community Development Block Grant (DR CDBG) Program. Attempts will be made to reach all citizens, with particular emphasis on participation by persons of low and moderate income, residents of slum and blighted areas and of areas in which funds are proposed to be used. A copy of this plan will be made available to the public upon request.
As part of the citizen participation requirements and to maximize citizen interaction, the
Town of Farmerville shall:
1) Provide citizens with reasonable and timely access to local meetings, information and records relating to the State's proposed method of distribution, as required by the Clerk, and relating to the actual use of funds under Title I of the Housing and Community Development Act of 1974, as amended;
2) Provide for public hearings to obtain views and respond to proposals and questions at all stages of the community development program. These hearings will consist of the development of needs and proposed activities and review of program performance. These hearings will be held after adequate notice, a minimum of five calendar days, at times and locations convenient to potential or actual beneficiaries with accommodations for persons with disabilities;
3) Provide for and encourage citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used;
4) Provide for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals;
5) Where applicable, identify how the needs of non-English speaking residents will be met in the case of public hearings; and
6) Provide for a formal written procedure which will accommodate a timely written response, within fifteen days where practicable, to written complaints and grievances.
Written minutes of the hearings and an attendance roster will be maintained by the Town of Farmerville .
PUBLIC HEARINGS
Notices informing citizens of any public hearings will appear in the official journal of the Town of Farmerville a minimum of five calendar days prior to the hearing. In addition, notices will also be posted in (parish office buildings/town hall) and the hearing will be publicized through local community organizations, i.e., churches, clubs, etc., and/or dissemination of leaflets in the target area. Hearings will be held at times and locations convenient to potential or actual beneficiaries with accommodations for individuals with disabilities and non-English speaking persons. Whenever possible these hearings will be held within or near the target areas, at times affording participation by the most affected residents.
I. APPLICATION:
First Notice/Public Hearing
1) The public hearing to address Disaster Recovery CDBG application submittal will be held approximately five calendar days prior to the deadline for submission of the application for the current funding cycle. The Citizen Participation Plan will be available at the hearing. The public notice for this hearing will state that the following will be discussed:
a) The amount of funds available for proposed community
development;
b) The range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income;
c) The plans of the Town of Farmerville for minimizing displacement of persons as a result of activities assisted with such funds and the benefits to be provided by the Town of Farmerville to persons actually displaced as a result of such activities; and
d) The Town of Farmerville’s prior performance of Disaster Recovery CDBG programs funded by the State of Louisiana.
In addition, the notice shall state that all citizens, particularly low and moderate income residents of slum and blighted areas, are encouraged to submit their views and proposals regarding community development and housing needs. Those citizens unable to attend this hearing may submit their views and proposals to:
Mr. M. Stein Baughman, Jr., Mayor
Town of Farmerville
P.O. Box 427
Farmerville, Louisiana 71241-0427
The notice will also state that accommodations will be made for disabled and
non-English speaking individuals provided a five day notice is received by the Town of Farmerville.
Second Notice
1) Seven calendar days, at a minimum, prior to the deadline for submittal of the application, a second notice shall appear in the official journal informing the citizens of the following:
a) Proposed submittal date of the application;
b) Proposed objectives;
c) Proposed activities;
d) Location of proposed activities;
e) Dollar amount of proposed activities; and
f) Location and hours available for application review.
In addition, the notice shall state "all citizens, particularly those affected by the proposed project, are encouraged to review the proposed application and submit any written comments on the application to:"
Mr. M. Stein Baughman, Jr., Mayor
Town of Farmerville
P.O. Box 427
Farmerville, Louisiana 71241-0427
Negative comments received will be forwarded immediately to the State’s Office of Community Development, Disaster Recovery Unit or the application will be withdrawn if necessary.
II. AMENDMENTS
Program amendments, which substantially alter the Disaster Recovery CDBG project from that approved in the original application, shall not be submitted to the State without holding one public hearing in accordance with the procedures outlined within this Citizen Participation Plan. Minutes of the hearing will be submitted with the request for the amendment. All interested citizens,
particularly the low and moderate income, elderly, handicapped, and residents of the project area, shall be made aware and have the opportunity to comment on proposed amendments and/or submit alternative measures.
III. GRANTEE PERFORMANCE
The Town of Farmerville will hold one performance hearing to solicit the public's opinion of the effectiveness of the Disaster Recovery CDBG Program. The manner of notification will be the same as previously described for all public hearings. Notification will be made in the official journal approximately 5 calendar days prior to the anticipated submittal of close-out documents to the State, and will indicate the date, time, and place of the performance hearing, and invite comments and opinions on the Disaster Recovery CDBG activities implemented under the Town of Farmerville Disaster Recovery CDBG Program being closed out. The notice will also state that accommodations will be made for disabled and non-English speaking persons provided a five day notice is received by the Town of Farmerville.
This notice shall invite all interested parties, particularly those low to moderate income residents in the target area to attend.
The hearing will be held no sooner than five calendar days from the publication date of said notice.
CONSIDERATION OF OBJECTION TO APPLICATION
Persons wishing to object to approval of an application by the State may make such objection known to:
Division of Administration
Office of Community Development, Disaster Recovery Unit
Post Office Box 94095
Baton Rouge, Louisiana 70804-9095
The State will consider objections made only on the following grounds:
1) The application description of needs and objectives is plainly inconsistent with available facts and data;
2) The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant; and
3) The application does not comply with the requirements set forth in the Final
Statement or other applicable laws.
Such objections should include both an identification of the requirements not met and, in the case of objections relative to (1) above, the complainant must supply the data upon which he/she relied upon to support his/her objection.
BILINGUAL
Whenever a significant number of persons and/or residents of blighted neighborhoods communicate with a primary language other than English attend public hearings, the
Town of Farmerville will provide an interpreter for dissemination of information to them providing the Town of Farmerville is given sufficient notification of five day(s).
TECHNICAL ASSISTANCE
Technical assistance may be provided directly by the Town of Farmerville to any citizen, particularly to low and moderate income persons, residents of blighted neighborhoods and minorities, who request assistance in the development of proposals and statement of views concerning the Disaster Recovery CDBG Program. The local officials, administrator and engineer will conduct informational meetings with the residents of the low to moderate income areas if a written request is received by the Town of Farmerville with at least a one week notification. The persons who conduct the technical assistance meetings will disseminate information on the program and answer all pertinent questions.
TIMELY ACCESS AND ADEQUATE INFORMATION
The Town of Farmerville shall provide timely disclosure of records, information and documents related to the Disaster Recovery CDBG program activities. Documents will be made available for copying upon request at the Town Hall, Monday thru Thursday, 8:00 a.m. to 4:00 p.m. and Friday, 8:00 a.m. to 3:00 p.m. Such documents may include the following:
1) All meetings and promotional materials.
2) Records of hearings and meetings.
3) All key documents, including prior applications, letters, grant agreements,
citizen participation plans, and proposed applications.
4) Copies of the regulations (final statements) concerning the program.
5) Documents regarding other important requirements, such as Procurement
Procedures, Fair Housing, Equal Employment Opportunity, Uniform Act,
Labor Provisions and Environmental Procedures.
CITIZEN COMPLAINT PROCEDURE
SECTION 1
It is the policy of the Town of Farmerville to review all complaints received by the Town of Farmerville.
SECTION 2
The following procedures will be followed on all complaints received by the Town of Farmerville:
1) The complainant shall notify the Clerk of the complaint. The initial complaint may be expressed orally or by written correspondence.
2) The Clerk will notify the Mayor or designated representative of the complaint within five working days.
3) The Mayor or designated representative will investigate the complaint and will report the findings to the Clerk within 5 working days.
4) The Clerk will notify the complainant of the findings of the Mayor or designated representative in writing or by telephone within five working days.
5) If the complainant is aggrieved by the decision, he must forward the complaint in writing (if previously submitted orally) to the Clerk who will forward the complaint and all actions taken by the Mayor or designated representative to the appropriate council committee for their review. This will be accomplished within five working days of receipt of the written complaint.
6) The reviewing council committee will have 5 working days to review the complaint and forward their decision to the complainant in writing.
7) If the complainant is aggrieved with the decision of the Committee, he must notify the Clerk in writing that he desires to be afforded a hearing by the Town of Farmerville Council. The complainant will be placed on the next regularly scheduled council meeting agenda. The Clerk will notify the complainant in writing of the date of the hearing.
8) The complainant must bring all relevant data, witnesses, etc., to the hearing.
The Town of Farmerville Council, at the hearing, will review the complaint
and forward within five days a certified copy of the minutes of the meeting at which the hearing was conducted and a decision was rendered to the complainant. If a decision is not reached at the hearing, the Clerk Council will inform complainant of an appropriate date to expect a response. Within five working days of reaching a decision, the complainant will be notified in writing of the decision.
Complaints concerning the general administration of the DISASTER RECOVERY CDBG Program may be submitted in writing directly to the:
Division of Administration
Office of Community Development – Disaster Recovery Unit
Post Office Box 94095
Baton Rouge, Louisiana 70804-9095
SECTION 3
All citizen complaints relative to Fair Housing/Equal Opportunity violations alleging discrimination shall be forwarded for disposition to the:
Louisiana Department of Justice
Public Protection Division
Post Office Box 94095
Baton Rouge, Louisiana 70804-9095
The complainant will be notified in writing within 10 days that, due to the nature of the complaint, it has been forwarded to the Louisiana Department of Justice.
or
Complainant may contact the Louisiana Department of Justice Division directly at the Toll Free Telephone number 1-800-273-5718 or 504-342-7900.
SECTION 4
The Clerk will maintain a file for the purpose of keeping reports of complaints.
SECTION 5
This policy does not invalidate nor supersede the personnel or other policies of the Town of Farmerville which are currently adopted, but is intended to serve as a guide for complaints.
SECTION 6
This policy may be amended by a majority vote at any of the Town of Farmerville regularly scheduled meetings.ADOPTION
This Citizen Participation Plan is hereby adopted by Town of Farmerville in regular session on this 12th day of July , 2010.
MAYOR M. STEIN BAUGHMAN, JR.
CHIEF ELECTED OFFICIAL
GAYNELL PEPPER
WITNESS
There was no action taken at the Zoning Commission meeting.
On motion by Taylor, seconded by "Pone" Jones and unanimous approved to adjourn this meeting the 12th day of July, 2010
M. Stein Baughman, Jr.
Gay Nell Pepper, Town Clerk
ANYONE KNOWING the whereabouts of YVETTE RODRIGUEZ, JOSE L. ROMANY, M.D., or any heirs of JOSE ANGEL ROMANY, please contact James G. Buckley, Attorney at Law, at 201 Vail Drive, Monroe, LA 71203 or by telephone at (318) 537-5558.
