Public Notices for Nov. 22, 2023
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on October 7, 2011, a certain Mortgage was executed by Yoshiko Umeki Fuller, as mortgagor, in favor of Allied Home Mortgage Corp, as mortgagee, and was recorded on October 7, 2011 at MOB 439 Folio 704 Instrument No. 354033 in the Office of the Mortgage Records of the Clerk of Court, Richland Parish, Louisiana. Thereafter, a Fixed Rate Home Equity Conversion Second Mortgage in favor of Secretary of Housing and Urban Development was executed October 7, 2011 and recorded on October 7, 2011 at MOB 439 Folio 715 Instrument No. 354034 in the Office of the Mortgage Records of the Clerk of Court, Richland Parish, Louisiana; and
WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act, 12 U.S.C. § 1707 et seq., for the purpose of providing single family housing; and
WHEREAS, the Mortgage is now owned by the Secretary, pursuant to an assignment dated February 13, 2017 and recorded on March 3, 2017 at MOB 491 Folio 80 Instrument No. 374014, in the office of the Mortgage Records of the Clerk of Court, Richland Parish, Louisiana; and
WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that the borrower, Yoshiko Umeki Fuller is deceased as of January 15, 2021 and the property is not the principal residence of at least one surviving borrower; and
WHEREAS, the entire amount delinquent as of July 5, 2023 is $146,055.19.
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable;
NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. § 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded on March 10, 2021, in Book 3450, Page 780, at Instrument No. 12113654, Parish of Jefferson, State of Louisiana, notice is hereby given that on December 7, 2023 at 12:00 p.m. local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder:
Lot No 5 of the John R. Golson Plat of lots located in the NE 1/4 of Sec. 12, T 17 N, R 9 E, filed March 4, 1960, recorded in Book 182, Page 301, Richland Parish Conveyance records, being a lot 210 feet by 210 feet Subject to all servitudes, restrictions and rights-of-way of record or of use,
LESS AND EXCEPT:
A certain tract or parcel of land together with all the improvements thereon and all of the rights, ways, privileges, servitudes and advantages thereunto belonging or in anywise appertaining, situated in LOT 5, of the J.R Golson Plat of Lots in the Northeast Quarter (NE ‘/4) of Section 12, Township 17 North, Range 9 East, as per Plat of record in COB 182, Page 301, in the Parish of Richland, State of Louisiana, and being more particularly described as follows, to-wit:
Being all that part of Vendor’s property lying within a width of 50 00 feet to the right or Westerly side of the surveyed centerline of State Project No 51-05-05, beginning at Vendor’s Northerly property line with is the Northerly boundary line of Lot 5 and which line when projected intersects the said project centerline at Highway Survey Station NO 1375+56.25, and extending along the said project centerline in a Southerly direction at said width of 50.00 feet to Vendor’s Southerly property line which is a Southerly boundary line of Lot 5 and which line when projected intersects the said project centerline at Highway Survey Station No. 1377+66.25, containing 0.05 acre, and exclusive of the existing right of way of Route LA 17, and identified as PARCEL No 22-3, on the Right of Way May of Delhi - West Carroll Parish line highway, State project No 51-05-05, F.A P. S¬150 (3), Route LA 17, Richland Parish, prepared by Philip G. Holland and Frank B Parish, Registered Land Surveyors, dated December 14, 1967, said map being filed in the office of the Louisiana Department of Highways in the City of Baton Rouge, Louisiana.
Being a portion of the same property acquired by Richard L. Nichols from Lloyd P. Weems, by Deed filed April 28, 1967, and recorded in COB 212, Page 638, of the records of Richland Parish, Louisiana.
Which has the address of 6036 Highway 17, Delhi, LA 71232
The sale will be held at 6036 Highway 17, Delhi, LA 71232.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
When making their bids, all bidders except the Secretary must submit a deposit totaling $14,065.52 [10% of the Secretary’s bid] in the form of a certified check or cashier’s check made out to the Secretary HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $14,065.52 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.
The Secretary may grant and extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.
If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.
There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant.
The scheduled foreclosure sale shall be cancelled or adjoined if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $146,055.19 as of December 7, 2023, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien records searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.
Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
11/9, 11/16, 11/23
ADVERTISMENT FOR BIDS
Separate sealed bids (no faxed bids) for furnishing the following materials for a period of one (1) year, effective January 1, 2024 through December 31, 2024 will be received by the Richland Parish Police Jury, Secretary-Treasurer, 35 Lynn Gayle Robertson Rd, Annex Building, Rayville, La. until 10:30 AM, (Local Time) Friday, December 01, 2023. Bids will be opened Monday, December 4, 2023 at 10:00 AM. Bids will be awarded (as item listed on the agenda) at the regular monthly meeting December 4, 2023, beginning at 6:00 PM.
Item 1. Creosote Bridge Timbers and/or Piling
Item 2. High Sulfur Diesel – bulk price
Item 3. High Sulfur Diesel – transport load price
Item 4. Galvanized Metal Culverts
Item 5. Asphaltic Cold Mix
Item 6. Asphaltic Hot Mix
Item 7. Railroad Tank Cars
Item 8. Used Steel Pipe with various diameter and length with ¼” or 3/8” Thickness
Item 9. CRS-2 Emulsified Asphalt
Item 10. Asphalt Emulsion Primer
Item 11. Tire Repair
Item 12. Transporting Materials and/or Equipment
Item 13. Flume Sand
Item 14. Pit Run (Sand Clay Gravel)
Item 15. Washed Maintenance Gravel – FOB Pit
Item 16. Washed Maintenance Gravel – Delivered
Item 17. Crushed Limestone #57 - FOB Pit
Item 18. Crushed Limestone #57 – Delivered
Item 19. Crushed Limestone #7 – FOB Pit
Item 20. Crushed Limestone #7 – Delivered
Item 21. Crushed Limestone # 8 – FOB Pit
Item 22. Crushed Limestone #8 – Delivered
Item 23. Seal Coat Aggregate Size 3 – FOB Pit
Item 24. Seal Coat Aggregate Size 3 – Delivered
Item 25. Washed Oversized Gravel – FOB Pit
Item 26. Washed Oversized Gravel – Delivered
Item 27. Used Creosote Timbers
Item 28. Used Reinforced Concrete Culverts
Item 29 Plastic Culverts
Items listed above shall be bid separately. All Bids shall be marked on the outside of envelope as a “Sealed Bid”. Bid prices shall include itemized cost of delivery charges and all other incidental cost thereto. Specifications for the materials may be obtained from the Secretary-Treasurer or Parish Manager, Richland Parish Police Jury, Annex Building, 35 Lynn Gayle Robertson Rd, Courthouse Building, Rayville, Louisiana.
The Richland Parish Police Jury is exempt from all state and local sales tax.
The Richland Parish Police Jury reserves the right to waive any and/or all informalities and accept or reject any or all bids.
The Richland Parish Police Jury reserves the right to do business with anyone during the year due to pricing or transport their own materials.
BY ORDER OF THE RICHLAND PARISH POLICE JURY
Laura Mulhern
Secretary-Treasurer
11/9. 11/16, 11/23
ADVERTISEMENT FOR BIDS
Sealed bid proposals for sale of used equipment are invited and will be received by the Richland Parish Hospital in the office of Michael Carroll, CEO until 12:00 pm the 30th day of November applicable to the following: Bone Density Equipment. Contact Alex Jackson for details at (601) 748-1560 or ajackson@delhihospital.com. The proposals received up to that hour shall be publicly opened and read aloud at 12:30 pm, 30th day of November. Any bid received after the closing time above stated will be returned unopened. The Board of Commissioners reserves the right to reject any and all bids and waive informalities.
Michael W. Carroll, P.D., N.H.A.
Secretary
Hospital Service District No. 1A of the Parish of Richland
On behalf of Delhi Community Health Center
11/9, 11/16, 11/23
ADVERTISEMENT FOR BIDS
Sealed bid proposals for software services are invited and will be received by the Richland Parish Hospital in the office of Michael Carroll, CEO until 12:00 pm the 30th day of November applicable to the following: Electronic Health Record System. Contact Alex Jackson for details at (601) 748-1560 or ajackson@delhihospital.com. The proposals received up to that hour shall be publicly opened and read aloud at 12:30 pm, 30th day of November. Any bid received after the closing time above stated will be returned unopened. The Board of Commissioners reserves the right to reject any and all bids and waive informalities.
Michael W. Carroll, P.D., N.H.A.
Secretary
Hospital Service District No. 1A of the Parish of Richland
On behalf of Delhi Community Health Center
To run in the Richland Beacon-News:
11/9, 11/16, 11/23
PUBLIC NOTICE
RICHLAND PARISH
POLICE JURY
PUBLIC HEARING
MONDAY 5:45 P.M.
DECEMBER 4, 2023
The Richland Parish Police jury will hold a public hearing on Monday 5:45 p.m., December 4, 2023:
Discuss closing Parish Road 5560B.
BY ORDER OF RICHLAND PARISH POLICE JURY
LAURA MULHERN, SECRETARY-TREASURER
11/16, 11/23, 11/30
PUBLIC NOTICE
The Richland Parish Police Jury will hold a public hearing for the Proposed Combined Budget for the FYE December 31, 2024 on Monday, December 4, 2023 at 5:45 P.M., in the Richland Parish Police Jury board room, Courthouse Annex Building 35 Lynn Gayle Robertson Road, Rayville, Louisiana, 71269.
Any interested party may inspect the Budget at the Police Jury office between the hours of 7:30 A.M. to 5:00 P.M. Monday – Thursday and Friday from 7:30 A.M. to 11:30 A.M.
BY ORDER OF THE RICHLAND PARISH POLICE JURY
Laura Mulhern
Secretary-Treasurer
11/16, 11/23, 11/30
PUBLIC NOTICE
Bid for Surplus Equipment The Richland Voluntary Council on Aging has declared the 2013 Chevrolet EXP van Vin # 1GAZGYFG8D1128355 as Surplus Property on November 9, 2023. We are running a public notice requesting bids for this van (AS IS). These sealed bids will be received at the RVCOA Center on 414 Harrison Street, Rayville, La. 71269, by 12:00 noon on December 1, 2023. RVCOA reserves the right to refuse any or all bids.
Should you have any questions or comments, please contact Bonnie Payne at the RVCOA Center at 318-728-2646.
Bonnie H. Payne, Executive Director
318-728-2646
Richland Voluntary Council on Aging
11/16, 11/23
OFFICIAL PROCEEDINGS OF THE
RICHLAND PARISH
SCHOOL BOARD
Regular Session
The Richland Parish School Board met at its Rayville, Louisiana offices on Tuesday, October 17, 2023, at 6:00 p.m.
Agenda Item 1: Prayer and Pledge of Allegiance.
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Agenda Item 2: Members present: Rev. William Cleveland, Mr. Reed Trisler, Mrs. Marie Lewis, Mrs. Emily Ogden, Mrs. Linda Jones, Mr. Chris Pruitt
Members absent: Mr. James Hough, Mr. Scott McKay, Dr. Georgia Ineichen
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Agenda Item 3: Mrs. Emily Ogden moved; seconded by Mr. Chris Pruitt to approve September 12, 2023 regular board meeting minutes before publishing in the Official Journal;
VOTE: Yeas: All
Nays: None
Absent: Mr. James Hough, Mr. Scott McKay, Dr. Georgia Ineichen
Motion Carried
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Agenda Item 4: The Richland Parish School Board recognized Chrisela Carter, Delhi High School JAG teacher as the employee of the month;
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Agenda Item 5: The Richland Parish School Board received a report from the LSU Ag Center relative to 4-H services;
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Agenda Item 6: The Richland Parish School Board received a report from the Truancy Officer, Mr. Tommy Watson;
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Agenda Item 7: Mrs. Linda Jones moved, seconded by Rev. William Cleveland to approve the 2023-2024 Pupil Progression Plan;
VOTE: Yeas: All
Nays: None
Absent: Mr. James Hough, Mr. Scott McKay, Dr. Georgia Ineichen
Motion Carried
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Agenda Item 8: Mrs. Ogden moved, seconded by Mr. Trisler to approve the following policies:
File:
BCBK-23, Executive Sessions
DC-23, Annual Operating Budget
DID-23, Audits
EBBC-23, Emergency/Crisis Management
EBBI-23, Public Health Emergency
EBCB-23, Video/Audio Monitoring of School Board Property
ED-23, Student Transportation Management
GBRIB-23, Sick Leave
GBRIC-23, Maternity and Adoptive Leave
VOTE: Yeas: All
Nays: NoneAbsent: Mr. James Hough, Mr. Scott McKay, Dr. Georgia Ineichen
Motion Carried
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Agenda Item 9: Mrs. Jones moved, seconded by Mr. Pruitt to approve establishing a District Threat Assessment Team;
VOTE: Yeas: All
Nays: None
Absent: Mr. James Hough, Mr. Scott McKay, Dr. Georgia Ineichen
Motion Carried
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Agenda Item 10: Mrs. Ogden moved, seconded by Rev. Cleveland to approve the settlement agreement between Altria and Settling Government Entity Plaintiffs;
VOTE: Yeas: All
Nays: None
Absent: Mr. James Hough, Mr. Scott McKay, Dr. Georgia Ineichen
Motion Carried
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Agenda Item 11: The Richland Parish School Board received the following monthly reports:
a) Personnel Action Chart
b) School Lunch
c) Sales Tax Monthly Receipts
d) Financial – General Fund
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Agenda Item 12: The Richland Parish School Board received information on upcoming district events;
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Agenda Item 13: Mr. Chris Pruitt moved, seconded by Mrs. Linda Jones to adjourn.
SHELDON JONES, SECRETARY
MRS. MARIE LEWIS, PRESIDENT
RICHLAND PARISH SCHOOL BOARD
11/23
Town of Rayville
Council Minutes
Mayor- Board of Aldermen
Monday, November 13, 2023
The Town of Rayville held a Regular Council Meeting with Mayor - Board of Aldermen, Town of Rayville State of Louisiana, taken Monday, November 13, 2023, at the Town Hall 109 Benedette St. Rayville LA 71269 at 6:00 PM. With a quorum present, Board received agenda, public notice posted on Thursday,
Sunday 12, 2023, the meeting was called to order by Mayor Harry Lewis at 6:00 p.m. Prayer was led by Mayor Harry Lewis, and Pledge was led by Mayor Harry Lewis.
Present: Mayor Harry Lewis, Mayor Pro Tem: Jerry Gordon, Town Attorney: Damon Kervin, Chief of Police: Markus Turner, and; Town Clerk: Deborah T. Nealon; Alderwomen: Paula Cumpton, and Debra James; Alderman: Joseph Fletcher.
Absent: Alderwoman Consuela Hunter
Approval of the Minutes & Bills
Upon a motion by Alderman Gordon, seconded by Alderman Fletcher, the Board agreed to approve last month minutes and bills from regular Council meeting.
Yeas: Cumpton, Fletcher, James, Gordon
Nays: None
Absent: Hunter
With a unanimous vote and consent from the Board, Mayor Harry Lewis declared the motion carried.
Financial Reports
Upon a motion by Alderman Gordon, seconded by Alderman Fletcher, the Board agreed to approve last month minutes and bills from regular Council meeting.
Yeas: Cumpton, Fletcher, James, Gordon
Nays: None
Absent: Hunter
With a unanimous vote and consent from the Board, Mayor Harry Lewis declared the motion carried.
Chief of Police Report
Chief Turner stated fines collected for the month of October $3,789.00
Attorney’s Report
Clerk’s Report
Town Clerk Deborah T. Nealon stated that Sales Tax Collections for August $183,098.45
Upon a motion by Alderman Gordon, seconded by Alderwoman James to appoint R. A. Eubanks, as a board member of the Rayville Housing Authority Board, effective July 1, 2023-June 30, 2025.
Upon a motion by Alderwoman Cumpton, seconded by Alderman Gordon, to adopt Resolution #2023-16 a resolution providing for canvassing the returns and declaring the results of the special election held in the Town of Rayville, State of Louisiana, on Saturday, October 14, 2023.
Yeas: Cumpton, Fletcher, James, Gordon
Nays: None
Absent: Hunter
With a unanimous vote and consent from the Board, Mayor Harry Lewis declared the motion carried.
Upon a motion by Alderman Fletcher, seconded by Alderwoman James, to adopt Resolution #2023-17 a resolution to improve the water system serving the Town of Rayville by drilling one or more new water wells and installing new water lines within the Town, and for that purpose has pursued obtaining a loan and grant through rural utilities program which it anticipates receiving following compliance with rural utilities guidelines.
Yeas: Cumpton, Fletcher, James, Gordon
Nays: None
Absent: Hunter
With a unanimous vote and consent from the Board, Mayor Harry Lewis declared the motion carried.
Upon a motion by Alderman Fletcher, seconded by Alderwoman James, to adopt Resolution #2023-18 a resolution to adopt the month of April for each year as “FAIR HOUSING MONTH” for the national Fair Housing Law
Yeas: Cumpton, Fletcher, James, Gordon
Nays: None
Absent: Hunter
With a unanimous vote and consent from the Board, Mayor Harry Lewis declared the motion carried.
Mayor’s Report
Approved HVAC $430,000 grant at the Rayville Civic Center is moving forward. Elevated Water Tank has completed repairs paid for by American Rescue Plan $400,000. The Town has submitted a grant application for ACT 170. Mayor discussed water rates study. Mayor appreciates everyone who voted for renewal of 1% Sales Tax. This tax helps provide 24 Hour Police, two garbage pickup from Waste Management and many more services to the Town of Rayville. Mayor discussed multiple grants to improve Streets, Water, and Sewer.
• Each Ordinance and Resolution was read aloud separately by the clerk Deborah T. Nealon with a request for any comments from the public; the following were discussed and passed.
Adjournment
Upon a motion by Alderwoman James seconded by Alderman Fletcher the Board agreed to adjourn regular council meeting.
Yeas: Cumpton, Fletcher, James, Gordon
Nays: None
Absent: Hunter
With a unanimous vote and consent from the Board, Mayor Harry Lewis declared the motion carried
Harry Lewis, Mayor
Deborah T. Nealon, Clerk
11/23
Public Notice
The Mangham Town Council met in Regular Session at the Mangham Community Center, Mangham, Louisiana on November 13, 2023.
Meeting was called to order by Mayor Killian
Invocation was led by Woods
Pledge was led by Brunson
Present: Pam Vaughn
Charolette Boone
Courtney Brunson
Absent: Lenette Romero
Police Report was given by Mayor Killian.
A motion by Brunson to accept police report was given seconded by Vaughn.
Yeas: Pam Vaughn, Charolette Boone, Courtney Brunson
Nays:
Motion Carried – Unanimously
A motion by Vaughn to pay bills was seconded by Boone.
Motion Carried – Unanimously
A motion by Brunson to Participate in the Dupont Class Action was seconded by Boone.
Motion Carried – Unanimously
Boone gave information about the Quilt Festival.
Mayor Killian informed the council that Alderwoman Brandi Dannehl has submitted her resignation letter.
Aulds gave information about new water payment system.
Motion to adjourn given by Boone.
11/23
Richland Parish Police Jury
Special Meeting – 9:00 A.M.
November 16, 2023
The Vice President called the meeting to order with the invocation given by Mr. Smith.
Pledge of Allegiance
Roll call revealed the following:
Present: Ms. Carroll; Messrs.: Colvin, Smith, Russell, and Wiggins
Absent: Messrs.: Stubblefield, Craig and Lofton
Motion was made by Mr. Smith, seconded by Mr. Wiggins to approve the agenda. Motion passed with no opposition.
Mr. Lively arrived at 9:10
Ms. Roanita Jenkins attended to discuss the gap insurance. A motion was made by Mr. Smith, seconded by Ms. Carroll to pay for the gap insurance for the employees for 2024. Motion passed with no opposition.
Mr. Smith made a motion to give the Fifth Judicial District Court $12,400 from the ARPA funds for the purchase of mobile court reporting equipment. This was seconded by Mr. Colvin and passed with no opposition.
After discussing the proposed combined budget for FYE 2024, a motion was made by Mr. Colvin, seconded by Mr. Smith to take the proposed budget under advisement, to advertise and call for a Public Hearing on December 4 at 5:45 P.M on the proposed combined budget for FYE 2024 and to amend the Richland Parish Police Jury Combined Budget for the Fiscal year 2023. Motion passed with no opposition.
A motion was made by Mr. Smith, seconded by Mr. Lively to adjourn. Motion passed with no opposition.
/s/ Clay Russell
Vice President
/s/ Laura Mulhern
Secretary-Treasurer
11/23
Public Notice
I, Gustavo Zarate, President of El Arriero Inc d/b/a Los Parrilleros Mexican Grill, is applying to the Office of Alcohol & Tobacco Control of the State of Louisiana for a permit to sell alcoholic beverages of high and low alcohol content at said restaurant, Los Parrilleros Mexican Grill, in the Parish of Richland, State of Louisiana located at 1897 Highway 425, Rayville, LA 70269.
If such permit is granted, I propose to operate as a Corporation under the trade name of Los Parrilleros Mexican Grill, located at 1897 Highway 425, Parish of Richland, City of Rayville, LA 70269.
The name, title and address of the owner of the above named business is: Gustavo Zarate, President, 1897 Highway 425, Parish of Richland, City of Rayville, LA 70269.
If any person wishes to request a hearing to object to the issuance of this permit, a request for a hearing must be made in writing and received by the Department of Revenue within (15) fifteen days from the first date this notice was published.
Date of publication: Thursday, November 23, 2023
11/23, 11/30, 12/7
Publc Notice
The following Ordinance was offered by Romero, , who moved its adoption:
ORDINANCE NO. 1064C
AN ORDINANCE
Upon the request of Entergy Louisiana, LLC, (the “Company”), and pursuant to La. R.S. 33:4401, this municipality’s police powers, and in order to protect the health, safety, and welfare of the public, Town of Mangham, Louisiana, (the “Municipality”) as set forth hereinbelow grants to the Company, its successors and assigns, a franchise, right, and privilege for a period of twenty-five (25) years from the date of adoption hereof, to distribute, deliver, sell and supply, in such a manner as it chooses, electric service throughout the Municipality, and to the inhabitants thereof, or to any person, firm, or corporation; the right to acquire, construct, operate, and maintain such plants, structures, transmission lines, distribution systems, cables, fibers, facilities, and equipment as may be useful or necessary for the generation, production, transportation, distribution, delivery and /or sale of electric service throughout the Municipality; the right to erect, operate, and maintain poles, masts, supports, wires, cables, fibers, transmission lines, conduits, conductors, substations, distribution systems, and any and all other appliances useful or necessary in connection with the sale, transportation, delivery and /or distribution of electric service on, over, under, along, upon, and across all of the present and /or future streets, roads, highways, alleys and public places of the Municipality; the right to repair, replace or remove same or any portion thereof; and the right to connect any such facilities to any other such facilities for the purpose of selling, transporting and /or distributing electric service along the boundaries of the Municipality.
SECTION 1: Be it ordained by the Mayor and all of the Municipality in regular session duly convened, that the Municipality grants and there is hereby granted to Entergy Louisiana, LLC (the “Company”), its successors and assigns, in addition to the rights and privileges presently enjoyed by the Company, a franchise, right, and privilege from the date of adoption hereof,
(1) to distribute, deliver, sell and supply electric service throughout the Municipality and to the inhabitants thereof, or to any person, firm, or corporation, in such manner and from such sources as the said Company chooses;
(2) to acquire, construct, operate, and maintain such plants, structures, transmission lines, distribution systems, cables, fibers, facilities, and equipment as may be useful or necessary for the generation, production, transportation, distribution, delivery and /or sale of electric power and energy throughout the Municipality;
(3) to erect, operate, and maintain poles, masts, supports, wires, cables, fibers, transmission lines, conduits, conductors, substations, distribution systems, and any and all other appliances useful or necessary in connection with the sale, transportation, delivery and /or distribution of electric service on, over, under, along, upon, and across all of the present and/or future streets, roads, highways, alleys and public places of the Municipality;
(4) to repair, replace or remove same or any portion thereof; and
(5) to connect any such facilities to any other such facilities for the purpose of selling, transporting and /or distributing electric service into, through, or beyond the boundaries of the Municipality.
SECTION 2: Be it further ordained that this Franchise does not authorize the Company to use its facilities for the transportation, distribution, or sale of electric service for or on behalf ofthird parties to any person, firm, or corporation other than the Company located within the boundaries of the Municipality, unless and until the Company has been notified, in writing, by the Municipality that the interests of the Municipality, including, but not limited to, its recovery of franchise fee revenue on such third party transactions, are adequately protected in connection with the provision of such third party service by the Company. In the event that the operations of the Company are unbundled, in connection with the adoption of a plan for retail open access or otherwise, the Company will have the right to assign its franchise rights with respect to particular facilities or operations as may be necessary to facilitate unbundled operations; provided, however, that any such assignment (1) shall not result in a reduction in the franchise fees received by the Municipality relating to the provision of electric service within the Municipality; and (2) shall ensure that the Municipality retains all other rights and protections afforded by this Franchise.
SECTION 3: Be it further ordained that this Franchise is granted upon and subject to the following provisions:
A. In maintaining its properties, the Company shall not unnecessarily or unreasonably damage, impair or obstruct the streets, roads, highways, alleys, sidewalks, and public grounds, and the Company shall at its own expense, without unreasonable delay, make all necessary repairs to remedy any damage or remove any obstruction caused by its operations hereunder, all in accordance with applicable industry standards. The Company shall obtain all necessary permits or approvals for construction, maintenance, and operations; provided, however, that this provision shall not apply to any requirements for such permits or approvals that are adopted or amended subsequent to the date of this Ordinance and that, as so adopted or amended, have a material effect on the Company’s rights or obligations pursuant to this Franchise or on the Company’s cost of providing service pursuant to this Franchise.
B. Upon request, the Company will make its best reasonable efforts to provide current maps for specific areas showing feeder routes and the majority of pole locations, and will provide construction manuals that show the typical structural configurations used by the Company; provided, however, that the provision of such information by the Company shall not relieve the Municipality of any obligations that it may have pursuant to title 40, section 1749.11 or title 45, sections 141-146 of the Louisiana Revised Statutes or any related or successor statutes; and provided that such information shall be provided by the Company without any warrant as to its accuracy.
C. The Company shall use reasonable precautions to avoid damage or injury to persons or property, and shall hold and save harmless the Municipality from all damages, losses, and /or expense, including cost of defense, attributable to the negligence or fault of the Company, its agents or employees, while exercising any of the rights and privileges herein granted.
SECTION 4:
A.In consideration of the facts:
(i) that the Company, pursuant to this Ordinance holds a good, valid, and irrevocable twenty-five year franchise granted by the Municipality; and
(ii) that, to the extent the Company is permitted by law to provide such service, the Municipality has signed with the Company contracts for the purchase of all its electric service requirements, each of which contracts is for a period of two years from its date, or such longer period as may be required by the applicable rate schedule or other circumstances, and provides for periodic renewals for similar periods unless notice of termination is given as therein provided;
(iii) and other good and valid considerations, the Company agrees that it will pay to the Municipality a sum of money equal to two percent (2%) of the gross receipts of the Company from the sale of electric service at retail for residential and commercial purposes within the corporate limits of the Municipality (the Company’s “gross receipts”), such payments to be calculated on such receipts commencing with the month of October, 2023, the first payment to be due and payable on the 15th day of January
2024, subsequent payments to be due quarterly thereafter.
B. It is distinctly understood and agreed that the percentage of gross receipts paid to the Municipality shall not apply to or include any receipts from the sale of electric energy to the Municipality, or to Government or Municipal Agencies, or to any sale for industrial purposes or for resale within the corporate limits of the Municipality. It shall be the responsibility of the Municipality to notify the Company of any annexations or other changes in the corporate limits of the Municipality, so that the Company can make any adjustments to its gross receipts calculation that may be necessary as a result of such a change.
C. This obligation to make such payments to the Municipality shall remain in full force and effect so long as (1) the Company holds a good, valid and irrevocable twenty-five (25) year franchise granted by the Municipality, and (2) the Municipality, to the extent permitted by law, purchases all of its electric service requirements from the Company; provided, however:
(i) This contract is wholly and entirely conditioned upon the approval of the Treasury Department of the United States of America and the Department of Revenue of the State of Louisiana, and upon the approval of the Louisiana Public Service Commission of the right of the Company to deduct from its gross revenues and charge as an operating expense any and all amounts which it may pay to the Municipality pursuant hereto other than such amounts as may be collected from customers through a line item on customer bill and in the event of failure to obtain the approval of any such authority for such purpose, the Company shall have the right to cancel this Contract upon thirty (30) days’ notice; it being understood that in the event of the cancellation by the Company upon the grounds set out in this paragraph, the Company shall not be entitled to any refund of any monies theretofore paid to the Municipality pursuant hereto.
(ii) Should the Municipality levy upon Entergy Louisiana, LLC any new taxes, of any nature whatsoever, subsequent to the date of this Contract, or increase the rates of any taxes in existence on the date of this Contract (except uniform ad valorem taxes now authorized by Article VII, Section 18 of the Constitution of the State of Louisiana or other taxes that are generally applicable to all businesses in the Municipality), then the payments herein provided to be made by the Company to the Municipality will be reduced in an amount equal to the sum of such new and increased taxes, if any. The Additional Franchise Fee shall not be considered to be a new tax or an increase in the rate of a tax for purposes of this provision of the Ordinance.
(iii) To the extent the Company is permitted by law to provide to the Municipality all of its electric requirements, in the event that retail open access is implemented in Louisiana, and is adopted for the Municipality, the obligation of Entergy Louisiana, LLC to pay a franchise fee as set forth hereinabove shall cease to be conditioned on the purchase by the Municipality of all of its electric requirements from Entergy Louisiana, LLC.
D. The Municipality shall have the right, upon reasonable notice, to review the available data and calculations upon which the franchise fee calculations are based; provided that such notice must be received within three (3) years of the beginning of the period to which the data and /or calculations pertain.
SECTION 5: Be it further ordained that the Municipality shall make, adopt and enforce all ordinances necessary to protect the property and property rights of the Company owned and operated under this Franchise, while still recognizing the rights of any other entities holding valid franchises with the Municipality, and that the Municipality will not in any way interfere with the full legal use by the Company of the property which it now maintains or may hereafter maintain in the Municipality.
SECTION 6: Be it further ordained that this Ordinance, the public health and welfare and the public necessity requiring it, shall take effect from and after its adoption. Notwithstanding the foregoing, the Company shall file with the Municipality the Company’s written acceptance of this Ordinance not later than thirty (30) days from the date of its passage.
SECTION 7: Be it further ordained that this Franchise shall be for a term of twenty-five (25) years from date hereof, and upon exercise by the Company of any of the privileges granted hereunder, this Franchise shall be irrevocable. If either the Municipality or the Company, its legal representatives, successors, or assigns, institutes any action or proceedings to enforce the provisions of this Ordinance, the parties hereby agree that specific performance may be sought and obtained for any breach of this Ordinance, without the necessity of proving actual damages; provided, however, that either party may, at its option, waive its right to specific performance and collect damages resulting from any breach hereof or failure to perform hereunder.
SECTION 8: Nothing in this Franchise shall be construed as superseding, repealing, canceling, modifying, or in any way affecting any of the rights enjoyed by Entergy Louisiana, LLC under that certain franchise granted by Ordinance No. 1046C adopted by the Municipality on the 5th day of Oct. 2023, and said franchise is hereby recognized as continuing in full force and effect in accordance with its terms. However, in the event of a conflict between said franchise and this Franchise, the provisions of this Franchise sha11 be controlling. It is further understood and agreed that the terms and conditions contained in any previous “Side Letter Agreement” or “Most Favored Nations” letter agreement extended by the Company are hereby rescinded and cancelled.
SECTION 9: Nothing herein shall be construed to constitute the grant of a franchise for the provision of any service other than electrical service to customers within the Municipality.
WHEREUPON, in open session said Ordinance was read and considered section by section and as a whole.
Mr ______ seconded the motion to adopt the Ordinance.
The Mayor then ordered a vote of the yeas and nays on its final passage, and uponroll call such votes were as follows:
For the Adoption of the Ordinance: YEAS: Boone, Romero, Dannehl, Brunson, Vaughn
Against the adoption of the Ordinance: NAYS:
Present but not voting: ABSTAINED
Not present: ABSENT
Whereupon the Mayor declared such legally passed and adopted on this the 5th day of Oct. 2023.
Approved: Anthony Killian, Mayor
Rachel Aulds, Clerk
I, Rachel Aulds, certify that the foregoing is a true and correct copy of the original Ordinance adopted by the Mayor and aldermen of the Town of Mangham, Louisiana, at a lawful meeting held on the 5th day of October, 2023 with a quorum present, and that the same is now in full fore and effect.
Rachel Aulds
Recorder Clerk
Mangham, Louisiana
Town of Mangham
P.O. Box 94
Mangham, LA 71259
11/23
RESOLUTION 2023-16
A RESOLUTION PROVIDING FOR CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE TOWN OF RAYVILLE, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 14, 2023 AND TO PROMULGATE THE RESULTS THEREOF.
BY: COUNCILMEMBER PAULA CUMPTON & JERRY GORDAN.
BE IT RESOLVED by the Board of Alderman, acting as of governing authority (the “Governing Authority”), of the Town of Rayville, State of Louisiana (the “Town”) that:
SECTION 1. Canvass. This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held by the Town on SATURDAY, OCTOBER 14, 2023 and said Governing Authority does further proceed to examine and canvass the returns and declare the results of the special election.
SECTION 2. Procès Verbal. A Procès Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish of Richland, State of Louisiana (the “Parish”) who shall record the same in the Mortgage Records of the Parish; and another copy thereof shall be retained in the archives of this Governing Authority.
SECTION 3. Promulgation of Election Results. The results of said election shall be promulgated by publication in the manner provided by law.
SECTION 4. Election Cost. The estimated cost of the election as determined by the Louisiana Secretary of State was $1,400.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: CUMPTON, FLETCHER, GORDAN, JAMES
NAYS:
ABSTAIN:
ABSENT: HUNTER
And the resolution was declared adopted on this the 13th day of November, 2023.
/s/ Harry Lewis, Mayor
/s/ Deborah T. Nealon, Town Clerk
PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN THE TOWN OF RAYVILLE, STATE OF LOUISIANA, ON SATURDAY, OCTOBER 14, 2023.
BE IT KNOWN AND REMEMBERED that on Monday, November 13, 2023 at six o’clock (6:00) p.m., at its regular meeting place, Town Hall, 109 Benedette St, Rayville, LA 71269, the Board of Aldermen, acting as the governing authority (the “Governing Authority”) of the Town of Rayville, State of Louisiana (the “Town”) and being the authority ordering the special election held therein on Saturday, October 14, 2023, did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election the following propositions, to wit:
PROPOSITION
Shall the Town of Rayville, State of Louisiana (the “Town), under the provisions of Article VI, Sections 29, 30, and 32 of the Constitution of the State of Louisiana of 1974, as amended, and other authority, be authorized to levy and collect a sales and use tax of one percent (1%), previously authorized at elections held in 1992, 2002, and 2013, on sales at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales and services within the Town, as defined by law (the “Tax”) (an estimated $1,908,474 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, commencing January 1, 2024, and shall the proceeds of said Tax (after paying the reasonable and necessary expenses of collection and administration) be used for any lawful corporate purposes of the Town; and shall the Town be further authorized to fund the proceeds of the Tax into bonds for any capital purposes to the extent and in the manner permitted by the laws of Louisiana?
LOUISIANA DEPARTMENT OF ELECTIONS & REGISTRATION
PRECINCTS LOCATION REPORT FOR THE TOWN
VOTE TABULATION
PRECINCT POLL PLACE NAME POLL PLACE LOCATION CITY YES NO
00/13 – In Part Eugene Street Comm Center 317 Eugene Street Rayville 55 24
00/13A – In Part Eugene Street Comm Center 317 Eugene Street Rayville 11 4
00/17 – In Part Parish Courthouse (Basement) 708 Julia Street Rayville 16 10
00/18 – In Part Rayville High Gym Lobby 225 Hwy 3048 Rayville 53 44
00/23 – In Part Eugene Street Comm Center 317 Eugene Street Rayville 0 0
Early Voting 156 86
Total 291 168
The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 291 votes cast IN FAVOR OF the Proposition and a total of 168 votes cast AGAINST the Proposition as hereinabove set forth. THE PROPOSITION DULY PASSED.
Therefore, the Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that Proposition as hereinabove set forth DULY PASSED by a majority of the votes cast by the qualified electors voting at the said special election held in the Town on Saturday, October 14, 2023.
THUS DONE AND SIGNED at Rayville, Louisiana, on this the 13th day of November, 2023.
TOWN OF RAYVILLE,
STATE OF LOUISIANA
/s/ Harry Lewis, Mayor
/s/ Deborah T. Nealon, Town Clerk
PROCLAMATION
I, the undersigned Mayor of the Town of Rayville, State of Louisiana (the “Town”), do hereby declare, proclaim and announce the results of the following propositions submitted at the special election held by the Town held on Saturday, October 14, 2023, all as described and set out in the above Procès Verbal:
Proposition DULY PASSED by a majority of the votes cast.
THUS DONE AND SIGNED at Rayville, Louisiana, on the 13th day of November, 2023.
/s/ Harry Lewis
Title: Mayor
ATTEST:
/s/ Deborah T. Nealon
Title: Town Clerk
11/23