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Agendas & Minutes >
Minutes of the October 5, 2010 Meeting
Minutes of the October 5, 2010 Meeting
Oct 12, 2010 -- Page 137-2010
MINUTES OF THE ROAD COMMITTEE MEETING
WEBSTER PARISH POLICE JURY
October 5, 2010
MEMBERS PRESENT: Steve Ramsey, Chairman; Steve Lemmons, Vice Chairman; Charles Walker; Steve Duggan: Vera Davison: Daniel Thomas; Charles Odom; Jim Bonsall; Jerri Lee; C. C. Cox; Bruce Blanton; and Jimmy Thomas.
MEMBER ABSENT: None
Mr. Steve Ramsey called the meeting of the Road Committee to order, and Vera Davison to open the meeting with prayer. Mr. Ramsey then asked for additions to the agenda.
Mr. C. C. Cox moved, seconded by Mr. Charles Walker to add the following items to the agenda: 9. Doyline Resolutions; 10. Approve Doc Steed Bridge repair quotes; 11. Severance Tax; 12. Report from Republic Waste; 13. Discussion on Dorcheat Navigability; 14. Waldron Road. Motion carried unanimously.
Mr. Daniel Thomas moved, seconded by Mr. Charles Odom to add John Stanley, report on Bistineau Fires. Motion carried unanimously.
Mr. John Stanley’s report on Bistineau Fires was moved to the first item on the agenda. Mr. Stanley reported that the control of the fires in the lake bed at Bistineau is a joint effort between Bossier Parish and Webster Parish. The cooperation has been good between all agencies. The goal is to not allow the Burn to get out of the lake bed.
Mr. Charles Walker moved, seconded by Steve Duggan to give John Stanley authority to work with Teddy Holloway and get road department employees that are willing to volunteer to work as support personnel, not as fire fighters, to assist with the control of the burn of Bistineau. These employees will work a night shift to relive firefighters and watch for flare ups. Motion carried unanimously.
Mrs. Jerri Lee moved, seconded by Mr. Jim Bonsall to accept a right of way dedication from Mr. Wayne Sharp to widen the intersection of Allen Drive at Hwy 80 and access private property to make these repairs. Motion carried unanimously. (WP Clerk - file # 520979)
Mr. Bruce Blanton moved, seconded by Mrs. Jerri Lee to approve travel expense for Benny White, Foreman, Unit II to attend LMCA meeting on 11/30/2010 and 12/01/2010 for renewal of Mosquito Control License. Motion carried unanimously.
Mr. C. C. Cox moved, seconded by Steve Lemmons to approve a Resolution to use the side cutter on Lewis Loop McArthur Loop, Valley Oak, Bellevue Road, Humble Ave., Greenard Street and Francis Street in the Town of Cotton Valley. Motion carried unanimously.
Daniel Thomas moved, seconded by Mr. Bruce Blanton to approve a Resolution from the Town of Sarepta to side-cut Mathews and North Mathews Streets. Motion carried unanimously.
Concerning the U. S. Forestry Cooperative Endeavor with the Webster Parish Police Jury to maintain certain Forest Road within Webster Parish, Mr. Charles Walker moved, seconded by Mr. C. C. Cox to approve the Cooperative Endeavor pending legal review. Motion carried unanimously.
Mr. Jim Bonsall moved, seconded by Mr. Steve Lemmons to approve a Resolution from the Town of Sibley to dig and clean out ditches located on Jones, Weatherton, and SE 2nd Streets. Motion carried unanimously.
Mr. Steve Duggan moved, seconded by Mr. Jim Bonsall to advertise for 2011 Materials Bid. Motion carried unanimously.
Mr. Steve Lemmons moved, seconded by Ms. Vera Davison to approve a Resolution from the Village of Dubberly to repair sink hole on Pace Drive and clean fence row at Catalpa Well site. Motion carried unanimously.
Mr. Charles Walker moved, seconded by Mr. Jimmy Thomas to approve two Resolutions from the Village of Doyline: 1. to repair or replace three culverts located near the intersection of Greentree Street and Thompson road, and also repairing any asphalt damaged during the process. Cost will be taken from the Doyline municipality funding. 2. To place an iron ore base followed by a layer of gravel on the following streets: (1) Agape Lane from Hwy 163 to the bridge on Agape Lane, (2) 770 Fuller from Hwy 163 to the “Y” and (3) Alex Fuller road. Any cost will be taken from the Doyline municipality funding. Motion carried unanimously.
Page 138-2010
Mr. C. C. Cox moved, seconded by Mr. Charles Walker to approve a quote from Benton and Brown Contractors for $11,000.00 to repair the four pilings the Doc Steed Road Bridge and the WPPJ will repair the decking. Motion carried unanimously.
Mrs. Jerri Lee and Ms. Vera Davison talked to the Jurors concerning the upcoming Constitutional Amendment #2 for increase in severance tax that is returned to the parish in which the minerals are harvested.
Mr. Charles Odom updated the Committee on the Landfill operation and told the Jurors that Mr. John Helms is the Operations Manager for the Webster Landfill and the Woolworth Landfill.
Discussion followed concerning the issue of navigability on Dorcheat. Daniel Thomas asked if Patrick could check to see about the possibility of the Jury adopting a Resolution to establish the area from the Arkansas State Line to Merrill Landing a Recreational Area, or to enforce the Scenic Byway for navigability of the waterway. There was additional discussion as to whether the Jury should expend funds for the research of this matter. Not action taken.
The next item on the agenda is discussion concerning Waldron Road. Mr. Steve Duggan moved, seconded by Mr. Bruce Blanton to hold a public hearing at the November to consider closure of Waldron Road. Landowners with property adjacent to the road will be given access to this road at their own risk and should the road be gated, landowners will be provided a key for access. Motion carried unanimously.
There being no further business to bring before the Committee, the meeting adjourned.
Ronda C. Carnahan Steve Ramsey
Secretary-Treasurer Chairman – Road
MINUTES OF THE REGULAR MEETING
WEBSTER PARISH POLICE JURY
October 5, 2010
MEMBERS PRESENT: Charles Walker, President; Vera Davison, Vice President; Jim Bonsall;; Steve Lemmons ; Steve Duggan; Daniel Thomas; Bruce Blanton; C. C. Cox; Steve Ramsey; Jimmy Thomas; Jerri Lee; and Charles Odom.
MEMBER ABSENT: None
BOARD OF REVIEW: To sit as a Board of Review for the 2010 assessment of real and personal property of the Parish of Webster, State of Louisiana. To adopt the millage rates for the tax year 2010. There were no protest filed.
The Regular Meeting of the Webster Parish Police Jury is called to order. Mrs. Jerri Lee opened the meeting with prayer and Mr. Steve Duggan led Pledge of Allegiance.
Mr. Walker asked if there were items to add to the agenda. Mr. Bruce Blanton moved, seconded by Mr. Daniel Thomas to add to item #9 A – Webster Parish Police Jury Ordinance for Adjudicated Properties in Webster Parish. Motion carried unanimously.
Ms. Vera Davison moved, seconded by Mr. C. C. Cox to adopt the minutes from the September 7, 2010 Administrative Committee, Intergovernmental Committee, and Road Committee; and also to adopt the minutes from the September 7, 2010 Regular Meeting. Motion Carried unanimously.
Mr. C. C. Cox moved, seconded by Mr. Steve Ramsey to approve invoices for payment pending review of the committee. Motion carried unanimously.
Ms. Vera Davison moved, seconded by Mrs. Jerri Lee to approve a letter of support for the development of the Human Service District, Region 7 of the State of Louisiana. Motion carried.
Yes: Mr. Jimmy Thomas, Mr. Steve Ramsey, Mr. Steve Lemmons, Ms. Vera Davison, Mr. C. C. Cox, Mrs. Jerri Lee, and Mr. Jim Bonsall.
No: Mr. Charles Odom, Mr. Bruce Blanton, Mr. Steve Duggan, and Mr. Daniel Thomas
Mr. Jim Bonsall moved, seconded by Mr. Jimmy Thomas to adopt Ordinance # 995 of Webster Parish to adopt the millage rates for Webster Parish Police Jury for the year 2010. Motion carried unanimously.
Page 139-2010
Mr. Bruce Blanton moved, seconded by Mr. C. C. Cox to adopt Webster Parish Ordinance #856 Amended, for Off System Bridges in Webster Parish for 2010, to adopt the Annual Certification of Compliance for Off System Bridges, and to adopt a Resolution authorizing the President relative to the Off-System Bridges for 2010. Motion carried unanimously.
Mr. Daniel Thomas moved, seconded by Mrs. Jerri Lee to approve the Webster Parish Resolution to adopt Webster Parish GIS Mapping System as the official Parish map. Motion carried unanimously.
Mr. Steve Duggan moved, seconded by Mr. Jimmy Thomas to approve the Webster Parish Resolution authorizing Fran Harvey to sign documents for the Webster Parish Police Jury Office of Community Services.
The next item on the agenda is a Letter of Support for the Council on Aging to apply for Capital Outlay Funds for a new Senior Center. Mrs. Jerri Lee moved, seconded by Mr. Jim Bonsall to approve the Letter of Support be sent to the Division of Administration. Motion carried unanimously.
Mr. C. C. Cox moved, seconded by Mr. Jimmy Thomas to enter into a cooperative endeavor agreement with the Village of Cullen and the Town of Cotton Valley to donate adjudicated properties from the Parish to the municipalities. (A listing of properties is attached and made part of the minutes). Motion carried unanimously.
Mr. Steve Ramsey moved, seconded by Ms. Vera Davison to adopt Webster Parish Ordinance #996 which declares specific adjudicated properties surplus and begin the process to sell under sealed bid. Motion carried unanimously.
MONTHLY REPORTS:
Wanda Finley Head Start
Beverly Hammett Webster Parish Library
Lynn Dorsey Webster Parish Convention and Visitors Bureau
Susan Baird Webster Parish Humane Association
COL Carl Thompson Camp Minden, LA Military
John Stanley WPPJ Office of Homeland Security—reported at 9:00 road committee
Sheriff Gary Sexton
Mike Moore Minden SW Chamber, SWID
Jana Ryan and Angel Haynie Minden Press Herald
COMMITTEE REPORTS:
Mr. Steve Ramsey moved, seconded by Mr. Steve Lemmons to approve the action of the Road Committee Meeting held earlier today. Motion carried unanimously.
Mrs. Vera Davison told the Jury that Head Start under the direction of Mrs. Wanda Finley and Fran Harvey is doing an exceptional job for the children as well as for the community.
Daniel Thomas reported that his committee is still working on an answer to the Animal Control issues within the parish. Mr. Thomas hopes to have a more specific plan of action at the November Meetings.
Mrs. Jerri Lee told the Jury that she was moved by the ceremony at BDCC dedicating the Chapel. She thanked the Sheriff for his work in this project. Mrs. Lee also told COL Thompson how impressed she was with the whole of Camp Minden, Webster should be proud of this facility.
Mr. Jim Bonsall reported from the events at the Parish Fair and invited the public to go out and see the new “Show Barn” that was a joint effort with the City of Minden.
There being no further business to bring before the Jury, the meeting adjourned.
Ronda C. Carnahan Charles R. Walker
Secretary-Treasurer President
STATE OF LOUISIANA
PARISH OF WEBSTER
ADOPTED: October 5, 2010
WEBSTER PARISH POLICE JURY
RESOLUTION # 015-2010
WHEREAS, The Webster Parish Police Jury and the Webster Parish Police Jury Office of Homeland Security and Emergency Preparedness has worked to secure funding through the Department of Justice for a state of the art GIS Mapping System, and
WHEREAS, The agencies of Webster Parish including but not limited to: The Webster Parish Police Jury; The Webster Parish Office of Homeland Security and Emergency Preparedness; the Webster Parish E-911 Office; the Webster Parish Sheriff’s Office; the Webster Parish Assessor; the Webster Parish School Board; the City of Minden, and the City of Springhill, have worked diligently to assist in the creation of the “Webster Parish GIS Mapping System”, and
WHEREAS, The Webster Parish Police Jury is striving to establish a GIS Mapping System that will serve all of Webster Parish and be able to share available, unrestricted data with all citizens of Webster, of the State of Louisiana, and with all media outlets that is uniform and has information that is as accurate as technology will allow.;
THEREFORE BE IT RESOLVED, That the Webster Parish Police Jury on this the
5th Day of October, 2010, does hereby establish the “Webster Parish GIS Mapping System” as the only recognized “Map” of the Parish of Webster.
FURTHER BE IT RESOLVED, by unanimous vote this Resolution is adopted by the Webster Parish Police Jury and will be filed on record in the Office of the Clerk of Court, Webster Parish and forwarded to all agencies of Webster Parish for concurrence:
On Motion by Daniel Thomas seconded by Charles Odom and adopted by unanimous vote.
Ronda C. Carnahan Charles R. Walker
Secretary-Treasurer President
********************************
WEBSTER PARISH POLICE JURY
ORDINANCE NO. 996
AN ORDINANCE RELATIVE TO PROPERTY ADJUDICATED TO THE PARISH FOR UNPAID TAXES; TO PROVIDE FOR THE ADOPTION OF SECTIONS 6 ½-100 THROUGH 6 ½-112; TO PROVIDE FOR THE SALE OF ADJUDICATED PROPERTY; TO DIRECT THE SALE OF CERTAIN ADJUDICATED PROPERTY; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO
WHEREAS, the Webster Parish Police Jury has numerous properties adjudicated to it due to the non-payment of property taxes;
WHEREAS, those properties are out of commerce and not part of the parish economy;
WHEREAS, there are persons who would purchase those properties, restore them to useful status, and otherwise maintain those properties;
WHEREAS, there is a need to protect the public safety, health and welfare of the citizens of this parish in regards to the abandoned properties within this parish;
WHEREAS, the Louisiana Legislature has enacted Act 819 of 2008 enacting Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes; and
WHEREAS, the Webster Parish Police Jury desires to adopt an ordinance in compliance with La.R.S. 47:2201, et seq., and La.R.S. 47:2236, et seq., to sell or donate adjudicated properties and to acquire full ownership and merchantable title to adjudicated properties and liquidate those properties.
NOW, THEREFORE, BE IT ORDAINED by the Police Jury of the Webster Parish, Louisiana, in legal session convened, that the following is adopted:
SECTION 1. Chapter 6 ½ of the Webster Parish Code of Ordinances is hereby amended to add Sections 6 ½-100 through 6 ½-112 to read as follows:
Section 6 ½ - 100. Definitions
As used in this article, the following terms shall have the following meanings:
(a) Adjoining landowner(s) shall mean the owner(s) of property sharing contiguous boundaries with an adjudicated vacant lot.
(b) Adjudicated property shall mean immovable property of which tax sale title is acquired by the Webster Parish Police Jury pursuant to La. R.S. 47:2196 or any other law through which immovable property may be adjudicated to a governing authority.
(c) Adjudicated vacant lot shall include, but not be limited to, any undeveloped immovable property without any building thereon, which is not being maintained by its owner or an agent of its owner and which is adjudicated property.
Section 6 ½ - 101. Sale or donation of adjudicated properties.
The Police Jury may sell or donate adjudicated property in accordance with La. R.S. 47:2201, 2203 and 2206. All sales of adjudicated property must comply with this ordinance and La.R.S. 47:2201, et seq..
Section 6 ½ - 102. Minimum bid prices; sale of adjudicated properties.
Unless otherwise provided by this Ordinance, the Police Jury may elect to set a dollar amount as a minimum bid for the public sale of adjudicated property, which shall be at least the total amount of statutory impositions, governmental liens, and costs of sale. The Secretary-Treasurer is also directed to determine any amounts owed to political subdivisions for unpaid assessments, governmental liens, property standards orders, or other governmental charges that are recorded in the mortgage records of Webster Parish. The Secretary-Treasurer shall also calculate the interest owed on those taxes and other governmental liens as of the date of the proposed sale as described below. The Secretary-Treasurer shall also allocate to each piece of property the pro rata share of the estimated costs of the sale, including advertisement, notice, and all other costs. The Police Jury reserves the right to require appraisal of adjudicated property to be sold at public sale. If the Police Jury elects to set the minimum bid at the appraised value instead of setting a dollar amount minimum bid as allowed by this Section, the Parish shall appoint a licensed appraiser to appraise and value the property. The minimum bid at the first public sale shall be at least two-thirds of the appraised value of the property. If the property fails to sell at the first public sale, the minimum bid at the second sale shall at least be one-third the appraised value of the property.
Section 6 ½ - 103. Pre-bidding procedures for sale of adjudicated properties
(a) The Police Jury herein provides for the sale of adjudicated property at a public sale. The date of the sale may be provided by a subsequent ordinance, or the date may be set administratively by the Secretary-Treasurer.
(b) A private person may initiate the public sale of adjudicated property and the Parish desires to sell, the person shall deposit an amount determined by the Parish to be sufficient to cover the expenses of the sale, including advertising, appraisals, and other costs associated with the sale. Should the depositor at the sale fail to be the highest bidder, the money deposited shall be returned to him. However, if no one at the sale bids up to the minimum price provided in this Subpart, then the money shall be retained to pay the expenses of the sale, but any money remaining after the expenses are paid shall be returned to the depositor.
(c) A public sale shall be advertised twice in the official journal for Webster Parish, once at least thirty days prior to the date of the public sale, and once no more than seven days prior to the date of the public sale. The advertisement shall provide for the minimum bid, the latest date written bids will be accepted, the time and date of in-person bidding, and any other terms of sale.
Section 6 ½ - 104. Additional terms for sale of adjudicated property
All acts of sale of adjudicated property shall contain be acceptable in form and
substance to the legal counsel for the Police Jury, and shall include provisions which provide that such sale is for cash or cash equivalent, that such sale is without warranty of title and without any warranty of merchantability or fitness; that such sale is “as is, where is”; that the buyer is responsible for obtaining title insurance at buyer’s cost, if it is desired, and that the Police Jury reserves the mineral rights to the greatest extent possible.
Section 6 ½ - 105. Donation of adjudicated property
The Police Jury may, by ordinance, allow the donation of any identified adjudicated
property to any person to the extent allowed by the Louisiana Constitution. The donated
property can be used only for purposes allowed by the Louisiana Constitution and approved by the Police Jury.
Section 6 ½ - 106. Notice; sale or donation of adjudicated property
A. (1) Should the Police Jury by ordinance set the public sale of adjudicated property, either the Police Jury or the acquiring person shall send a written notice notifying any tax sale party whose interest the successful bidder or donee intends to terminate that the party has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale or donation:
(a) Sixty days from the date of the notice required under this Subsection, if five years have elapsed from the filing of the tax sale certificate, or six months after the date of the notice provided for in this Subsection, if five years have not elapsed since the filing of the tax sale certificate.
(b) The filing of the sale or donation transferring the property.
(2) If this notice is given after the expiration of the applicable redemptive period, this notice shall constitute a notice of sale. The sending of this notice shall constitute service of the notice of sale under Article VII, Section 25 of the Louisiana Constitution. The notice required by this Section shall be sufficient, and it shall not be necessary to determine whether notice of the tax sale or any other notice was given. The written notice shall comply with La. R.S. 47:2206(A)(2).
B. (1) Either the Police Jury or the acquiring person shall cause to be published in the official journal of the Webster Parish Police Jury a notice that any tax sale party whose interest the successful bidder or donee intends to terminate has to redeem the property before the later of either:
(a) Sixty days, for property on which a tax sale certificate was filed over five years previous of the first publication, or six months if the tax sale certificate was filed less than five years before the first publication of the notice provided for in this Subsection.
(b) The filing of the sale or donation transferring the property.
(2) The publication shall comply with La. R.S. 47:2206(B)(2).
C. The Police Jury or acquiring person may file with the recorder of mortgages of Webster Parish a copy of one of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. Pursuant to the provisions of La. R.S. 47:2206(C), the recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the acquiring person.
Section 6 ½ - 107. Sale or donation of adjudicated property; authentic form
A. At any time after the expiration of the sixty-day or six-month periods, as applicable, set forth in La. R.S. 47:2206(A) and (B), and, if applicable, upon the satisfaction of any terms or conditions required in the ordinance authorizing the sale or donation, the acquiring person, or his successors and assigns, may send to the Police Jury a written notice requesting that the Police Jury authenticate a sale or donation. The Secretary-Treasurer or President shall authenticate the sale or donation within ten days from the date of the request or as soon thereafter as practical. The acquiring person shall be responsible for filing the sale or donation and payment of all filing fees. The only warranty owed by the Police Jury shall be a warranty against eviction resulting from a prior alienation by the Parish. Otherwise, all sales and donations shall be without warranty, either expressed or implied, even as to return or reduction of the purchase price, including without limitation the warranty against rehibitory defects or vices and the warranty that the thing sold is reasonably fit for its ordinary purpose or the acquiring person's intended or particular purpose. These waivers or exclusions of warranties shall be self-operative regardless of whether the waivers or exclusions are contained in the act of sale or donation, and regardless of whether they are clear and unambiguous, and regardless of whether they are brought to the attention of the acquiring person. This provision supersedes the requirements of any other law.
B. The act of sale or other writing intended to be the act of sale shall conform to La. R.S. 47:2207(B).
Section 6 ½ - 108. Sale or donation of adjudicated property; affidavit
A. Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his successors, or assigns, may file with the recorder of mortgages of Webster Parish an affidavit indicating how the tax sale parties whose interest the acquiring person, his successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication. The affidavit may also contain a statement of the interest to which the purchaser or donee takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors. The affidavit shall conform to La. R.S. 47:2208(A).
B. With respect to a sale, the filing of the affidavit provided in Subsection A of this Section shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
C. With respect to a donation, the filing of the affidavit provided for in Subsection A of this Section shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of the donor political subdivision, and all other interests, liens, mortgages, privileges, and other encumbrances recorded against the property donated and listed in the affidavit, except governmental liens and statutory impositions of political subdivisions other than the donee political subdivision.
D. Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under Subsection B or C of this Section, only insofar as they affect the property.
Section 6 ½ - 109. Acquiring full ownership of adjudicated property by Parish
A. Whenever property or tax sale title to property is adjudicated to Webster Parish, the Police Jury may declare thereafter, by ordinance duly enacted, that it intends to acquire a full ownership interest in the property. The Police Jury may, in its sole discretion, acquire full ownership of adjudicated properties in accordance with La. R.S. 47:2236 et seq. or any other applicable provision of Louisiana law. Nothing in this section shall limit the authority of Webster Parish to obtain full ownership of any property through any lawful means.
B. A copy of the ordinance shall be filed with the recorder of mortgages. The recorder shall index the names of the tax debtor and the Webster Parish as mortgagees. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the ordinance shall not affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the Secretary-Treasurer.
C. (1) In the event the Police Jury intends to acquire full ownership in property as provided in this Section, the Secretary-Treasurer shall, within thirty days after the filing of the instrument and ordinance described in Subsection B of this Section, or as soon thereafter as practical, send a written notice regarding the acquisition to the tax sale parties whose interest the Webster Parish intends to be terminated that the party has until the applicable time period set forth below to redeem the property or otherwise challenge in a court of competent jurisdiction the acquisition:
(a) Sixty days after the date of the notice, if five years have elapsed from the filing of the tax sale certificate.
(b) Six months after the date of the notice, if five years have not elapsed from the filing of the tax sale certificate.
(2) If this notice is given after the expiration of the applicable redemptive period, this notice shall constitute a notice of sale. The sending of this notice shall constitute service of the notice of sale under Article VII, Section 25 of the Constitution of Louisiana. The notice required by this Section shall be sufficient, and it shall not be necessary to determine whether notice of the tax sale or any other notice was given. The notice shall be sufficient if it conforms with La. R.S. 47:2236(C)(2).
D. (1) The Secretary-Treasurer shall cause to be published in the official journal of Webster Parish a notice that any tax sale party whose interest the Police Jury intends to be terminated has until the applicable time period set forth below to redeem the property or otherwise challenge in a court of competent jurisdiction the acquisition:
(a) Sixty days, for property on which a tax sale certificate was filed over five years before the first publication.
(b) Six months if the tax sale certificate was filed less than five years before the first publication of the notice provided in this Subsection.
(2) The publication shall be sufficient if it is in the form provided for by La. R.S. 47:2236(D)(2).
E. If the property is not redeemed within the time limit set forth in Subsection C of this Section, the ordinance shall become operative, and the Webster Parish Police Jury shall acquire full ownership of the property as provided in the ordinance, subject only to such rights as determined by a final judgment rendered in an action filed within the time limits set forth in Subsection C of this Section. The Secretary-Treasurer shall file a notice in the conveyance records indicating that the Webster Parish Police Jury has acquired full ownership of the property in compliance with this Section. The notice shall be sufficient if it conforms with La. R.S. 47:2236(E).
F. Contemporaneously with or subsequent to the filing of the notice, the Secretary-Treasurer may file with the recorder of mortgages an affidavit indicating how the tax sale parties whose interest the Police Jury intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication. The affidavit may also contain a statement of the interest to which the Webster Parish Police Jury takes subject. The recorder of mortgages shall index the affidavit only under the names of the Webster Parish Police Jury and the tax debtor, as mortgagors. The affidavit shall be sufficient if it is in the form set forth in La. R.S. 47:2236(F).
G. The filing of the affidavit provided in this Section with the recorder of mortgages of Webster Parish shall operate as a cancellation, termination, release, or erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens, and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold and listed in the affidavit.
H. Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages, or other encumbrances canceled, terminated, released, or erased under Subsection G of this Section, only insofar as they affect the property.
I. The Police Jury may acquire adjudicated property in single parcels or in multiple lots. The ordinance shall identify the adjudicated property or properties to be acquired.
Section 6 ½ - 110. Sale or donation of adjudicated properties owned by the Parish.
A. In the event the Webster Parish Police Jury acquires full ownership of the adjudicated property pursuant to the provisions of La. R.S. 47:2236 and Section 6 ½ - 109 of this Ordinance, the Police Jury may sell said acquired adjudicated property in any manner provided by law, including but not limited to public auction as set forth in Section 12 of this Ordinance. The Police Jury may donate the property acquired to the extent allowed by the Constitution.
B. The Police Jury or its designee may select certain adjudicated properties acquired by the Parish for sale at public. The selection of these properties shall be in the sole discretion of the Police Jury and may be done in single parcels or in multiple lots.
Section 6 ½ - 111. Sale by public auction of adjudicated properties acquired pursuant to La. R.S. 47:2236.
A. In the event Webster Parish acquires full ownership of the adjudicated property pursuant to the provisions of La. R.S. 47:2236, the Police Jury may sell those properties through a public auction of such properties. Such auctions shall consist of such adjudicated properties designated for the auction by the Webster Parish Police Jury or its designee.
B. The auctioneer shall be chosen by the Secretary-Treasurer. The auctioneer will be required to execute a contract with Webster Parish Police Jury establishing the relevant terms and conditions, including the compensation to be paid by the Webster Parish to the auctioneer. The Webster Parish Police Jury shall establish a minimum bid or price for the sale of each tract; shall provide all tax debtors, mortgagees and other interested parties with timely legal notice of the impending sale, consistent with the requirements of Louisiana law; and shall provide any other legal notice or legal advertisement which may be required under Louisiana law; shall be solely responsible for selecting a closing agency to handle the actual sale of the property.
C. The Secretary-Treasurer and President of the Webster Parish Police Jury are hereby authorized and directed to sign any and all documents, agreements or other papers reasonably necessary to accept or implement the program for the sale of adjudicated properties, as described herein, and to return all monies, appraiser’s fees or deposits heretofore paid in connection with the prior procedure or program.
Section 6 ½ - 112. Sale of adjudicated vacant lots to adjoining landowners by public sale
Notwithstanding any provision of this Ordinance, the Police Jury may, pursuant to the provisions of La. R.S. 47:2201(2)(B), as revised by Act 511 of 2009, allow adjoining landowners of an adjudicated property which constitutes an adjudicated vacant lot to purchase the adjudicated vacant lot for any price set by the Police Jury without any public bidding at a public meeting of the Police Jury; provided that the Police Jury determines that the adjoining landowner has maintained the property for a period of one year prior to the sale. Such sale shall be deemed a public sale under the provisions of this subpart.
SECTION 2. The Webster Parish Police Jury hereby declares its intent to sell at public sale on or after the effective date of this ordinance those adjudicated properties listed in Attachment A for the minimum bid listed for each property. The Webster Parish Police Jury hereby declares its intent to donate any or all of the listed properties to political subdivisions if said donation is believed to be in the public interest.
SECTION 3. All sections, subsections and provisions of this ordinance, are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this ordinance, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions are severable and would have been passed independently of such section or provision so known to be invalid.
SECTION 4. Any Parish ordinance containing any provision in conflict with any provision of this Ordinance is hereby repealed.
For: ____12_____
Against: ___0_____
THUS ADOPTED at the regular meeting of the Police Jury of the Webster Parish, Louisiana on _October 5, 2010.
_s/___________________________
RONDA C. CARNAHAN
SECRETARY-TREASURER
__s/_____________________________
CHARLES R. WALKER
PRESIDENT
ADJUDICATED PROPERTY
Assessment # Name on Deed Legal Description City Min. Bid
109519 Franklin H. Adams Lot #7, BLK "2" Minden $ 311.83
113413 Donald Gordon McElroy SE/4 of SE/4 of Sec 22-19-9 Minden $ 3,452.93
113414 Donald Gordon McElroy SE/4 of SE/4 of Sec 22-19-9 Minden $ 3,262.24
114519 George F. Smith & Wife NE/4 of NW/4 Sec 27-19-9 Minden $ 2,992.65
128449 James Lee Smith NW/4 of NE/4 Sec. 14-17-10 Doyline $ 598.46
128450 George L. Lindermeyer E/2 of NE/4 of SW/4 Sec. 27-20-9 Minden $ 59.52
128468 Mattie Mae Rudy Berry NW/4 of NE/4 Sec. 11-17-10 Doyline $ 298.31
128840 Mary Bell Hampton NW/4 of SW/4 Sec. 27-19-9 Minden $ 6,712.80
128841 Lonnie Re Cornelious NW/4 of NW/4 SEC 21-19-9 Minden $ 753.68
128856 NRG Management, Inc. Lot #47, SW/SE Sec. 16-19-9 Minden $ 301.33
128857 H. Frank Centrallo NW/4 of NW/4 of Sec 27-19-9 Minden $ 982.67
128860 Annessa Theus Lot #7, SE/NE Sec 27-19-9 Minden $ 386.79
128861 Annessa Theus SE/4 of NE/4 Sec 27-19-9 Minden $ 608.92
128863 George Smith Jr. & Wife NE/4 of NE/4 Sec 27-19-9 Minden $ 6,702.10
129102 J. D. Basinger NW/4 of NE/4 Sec 17-21-10 Cotton Valley $ 303.91
129103 Emma Williams SW/4 of NE/4 of Sec 17-21-10 Cotton Valley $ 248.55
129104 Mary A. Branch Lots #13 &14, SW/SE Sec. 8-21-10 Cotton Valley $ 290.43
129105 Claire King McDonald Lot #14, Sec. 17-21-10 Cotton Valley $ 290.43
129106 Salley Grocer Co., Inc. NE/4 of NE/4 of Sec 17-21-10 Cotton Valley $ 290.43
129107 Willie Taylor SE/4 of NE/4 Sec 17-21-10 Cotton Valley $ 374.53
129155 Doyle C. Kirk NE/4 of SE/4 of sec 24-23-11 Cullen $ 291.50
129156 Ginger Nealy SW/4 of SE/4 24-23-11 Cullen $ 1,212.43
129279 Cynthia J. McKinstry SW/4 of NE/4 of Sec 11-23-11 Springhill $ 296.70
STATE OF LOUISIANA
PARISH OF WEBSTER
Adopted October 5, 2010
WEBSTER PARISH ORDINANCE # 996
AN ORDINANCE LEVYING TAXES FOR REVENUE FOR EXPENSES OF THE WEBSTER PARISH POLICE JURY FOR THE YEAR 2010
SECTION I. BE IT ORDAINED by the Webster Parish Police Jury in regular session convened, this 5th 3rd day of October , 2010, that in accordance with law and conformable to the budget of expenditures heretofore adopted by the Webster Parish Police Jury for the year 2010, and for the purpose of raising the necessary revenues to meet the charges and expenses of the Parish of Webster, according to its value as may be finally assessed, the following taxes for the year 2010, to wit:
a. For general parish purposes (General alimony tax) on all taxable property inside the corporate limits of the City of Minden, Louisiana and inside the corporate limits of the City of Springhill, Louisiana……………(2.03) MILLS 1077003
b. For general parish purposes (General alimony tax) on all taxable property outside
the corporate limits of the City of Minden, Louisiana and the City of Springhill, Louisiana……………………………………………..(4.06) MILLS 1077002
c. For the maintenance and operation of the Webster Parish Courthouse, Webster
Parish Health Unit and Agricultural Extension Service..(2.78) MILLS 1077004
d. For acquiring, constructing, improving, furnishing, equipping, operating and/or
maintaining Public Libraries in Webster Parish…… (12.00) MILLS 1077005
e. For the construction, maintenance, and repairing of Roads and Bridges located
in Road District “A” of Webster Parish, Louisiana……...(2.65) MILLS 1077009
f. For the construction, maintenance, and repairing of Road and Bridges located in
Road District “B” of Webster Parish Louisiana………….(3.92) MILLS 1077010
g. For constructing and improving Public Libraries for Webster Parish and acquiring the necessary land, equipment and furnishings therefore authorized and directed in Webster Parish, LA………….Bonds..__1.00____ MILLS 1077046
SECTION II. BE IT FURTHER ORDAINED that the Assessor of Webster Parish, Louisiana, shall extend said tax on the assessment rolls of Webster Parish, Louisiana for the year 2010, and the Tax Collector of Webster Parish, Louisiana shall collect and account for the same in the same manner at the same time as provided for the collection of taxes and that same shall become delinquent and bear the same penalty as provided by law for taxes.
WHICH ORDINANCE, On Motion of Jim Bonsall , seconded by
Jimmy Thomas Was adopted this 5rd day of October, 2009. by the following vote:
YEA: 12 ABSTAIN: 0
NEA: 0 ABSENT: 0
Ronda C. Carnahan Charles R. Walker
Secretary-Treasurer President
ANNUAL CERTIFICATION OF COMPLIANCE
WITH THE STATE OF LOUISIANA
OFF SYSTEM BRIDGE REPLACEMENT PROGRAM
WHEREAS, the code of Federal Regulations as enacted by the United States Congress mandates that all structures defined as bridges located on all public roads shall be inspected, rated for safe load capacity and posted in accordance with the National Bridge Inspection Standards and that an inventory of these bridges be maintained by each state; and
WHEREAS, the responsibility to inspect, rate and load post those bridges under the authority of WEBSTER PARISH in accordance with those Standards is delegated by the Louisiana Department of Transportation and Development to WEBSTER PARISH.
THEREFORE BE IT RESOLVED by the governing authority of WEBSTER PARISH (herein referred to as the Parish) that the Parish in REGULAR MEETING assembled does hereby certify to the Louisiana Department of Transportation and Development (herein referred to as the DOTD) that for the period 1 October, 2010 through 30 September 2011:
1. The Parish has performed all interim inspections on all Parish owned or maintained bridges in accordance with the National Bridge Inspection Standards.
2. All bridges owned or maintained by the Parish have been structurally analyzed and rated by the Parish as to the safe load capacity in accordance with AASHTO Manual for Maintenance Inspection of Bridges. The load posting information that has been determined by the LA DOTD for all bridges where the maximum legal load under Louisiana State law exceeds the load permitted under the operating rating as determined above has been critically reviewed by the Parish. Load posting information has been updated by the Parish to reflect all structural changes, any obsolete structural ratings or any missing structural ratings.
3. All Parish owned or maintained bridges which require load posting or closing are load posted or closed in accordance with the table in the DOTD Engineering Directives and Standards Manual Directive No. 1.1.1.8. All DOTD supplied load-posting information concerning a bridge has been critically reviewed by the Parish Engineer prior to load posting.
4. All bridges owned or maintained by the Parish are shown on the attached list in the format specified by the DOTD. Corrections to data supplied to the Parish by the LA DOTD are noted.
These stipulations are prerequisites to participation by the Parish in the Off-System Bridge Replacement Program.
This resolution was considered section by section and as a whole and upon motion of
Bruce Blanton , being seconded by C. C. Cox was adopted by the
following vote on this 7th day of September, 2010.
YEA: 12
NAY: 0
ABSENT: 0
s/ s/
Ronda C. Carnahan Charles R. Walker
Secretary-Treasurer President
R E S O L U T I O N
WHEREAS, to satisfy the legal requirements of the State of Louisiana, Department of Transportation and Development, Office of the Federal Off-System Bridge Rehabilitation and Replacement Program, and
WHEREAS, the Webster Parish Police Jury did elect Charles R. Walker, President of the Webster Parish Police Jury with all authorities, duties, responsibilities thereunto pertaining.
NOW THEREFORE BE IT RESOLVED that the Webster Parish Police Jury does hereby confer signature authority to Chares R. Walker in those matters which he may legally execute within the laws of Louisiana, the United States of America and ordinances of the Parish of Webster. Such authority shall include, but not be limited to-wit:
An obligatory signature on agreements and other documents dealing with the Federal Off-System Bridge Rehabilitation and Replacement Program, Webster Parish.
THUS ADOPTED, this 7th day of September, 2010 at a regular and legally convened meeting of the Webster Parish Police Jury at the Courthouse in Minden
On a motion of Bruce Blanton , duly seconded by C. C. Cox .
CERTIFICATE
I Ronda C. Carnahan, duly appointed Secretary/Treasurer of the Webster Parish Police Jury do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the Webster Parish Police Jury at a regular meeting on September 7, 2010 at which a quorum was present and acting.
SEAL
Ronda C. Carnahan
Secretary-Treasurer
***************************
AMENDMENT TO
ORDINANCE # 856
BE IT KNOWN that the Webster Parish Police Jury acting in accordance
With the laws of the State of Louisiana, hereby amends Webster Parish Ordinance
#856 of 1990 by posting the following data covering roads and bridges, effective
For the 2011 calendar year (or effective as of January 1, 2011) if you prefer just to
give a starting date).
See attached official listing of Off System Bridges located in Webster Parish, Louisiana
ON A MOTION by Bruce Blanton , seconded by
C. C. Cox ; this ordinance was adopted by the following vote on
this the 7th day of September, 2010:
YEA- 12
NAY- 0
ABSENT- 0
Ronda C. Carnahan Charles R. Walker
Secretary-Treasurer President
COOPERATIVE ENDEAVOR AGREEMENT BETWEEN WEBSTER PARISH POLICE JURY AND TOWN OF CULLEN
BE IT KNOWN that this agreement has been entered into between the Webster Parish Police Jury, represented by its President, Charles R.Walker, duly authorized to execute this agreement and the Town of Cullen, represented by its Mayor, Bobby R. Washington, duly authorized to execute this agreement, as follows:
WHEREAS, the Webster Parish Police Jury has had property adjudicated to it for nonpayment of property taxes;
WHEREAS, those properties are not needed by the Webster Parish Police Jury for a public purpose;
WHEREAS, there are local governments such as the Town of Cullen which would take possession of those properties and maintain those properties;
WHEREAS, the parties find that maintenance of those properties by the Town of Cullen is a benefit to the public proportionate to the value of the property transferred by the Police Jury to the Town;
WHEREAS, the Webster Parish Police Jury and the Town of Cullen are empowered to enter into cooperative endeavor agreements;
WHEREAS, there is a need to protect the public safety, health and welfare of the citizens of this parish in regards to the abandoned properties within this parish; and
WHEREAS, both the Webster Parish Police Jury and the Town of Cullen have a mission of protecting the public safety, health, and welfare of their citizens.
NOW THEREFORE, the parties agree that the Webster Parish Police Jury grants, transfers, and donates to the Town of Cullen all of its right, title, and interest, including title as adjudicated property, to the property listed in Attachment A and the Town of Cullen agrees to accept such right, title, and interest.
The parties agree that this transfer is in the public interest in that the condition of the property is a concern to the citizens of the Parish and Town and the Town agrees to undertake to clean, remove discarded or junked property, mow, and otherwise maintain the property transferred. This agreement shall be construed to transfer such right, title, and interest as the Webster Parish Police Jury has currently or shall acquire and the Town of Cullen accepts such right, title, and interest.
THUS DONE AND SIGNED on ¬ , 2010 in Minden, Louisiana.
WEBSTER PARISH POLICE JURY
BY:
CHARLES R. WALKER
PRESIDENT
ATTEST:
RONDA CARNAHAN
SECRETARY-TREASURER
THUS DONE AND SIGNED on ¬ , 2010 in Cullen, Louisiana.
TOWN OF CULLEN
BY:
BOBBY R. WASHINGTON
MAYOR
ATTEST:
TOWN CLERK
ATTACHMENT A--
CULLEN ADJUDICATED PROPERTY:
Assessment Name on Deed Legal Description City Street name or Subdivision Sale Year
1-121754 Linda Bridges Estate NE/4 of SE/4 Sec. 25-23-11 Cullen Cora Nickerson Subdivision 2013
2- 122388 Waller Oil & Sam Waller Lot #5 Boucher Subdivision Cullen Henrietta White 2012
COOPERATIVE ENDEAVOR AGREEMENT BETWEEN WEBSTER PARISH POLICE JURY AND TOWN OF COTTON VALLEY
BE IT KNOWN that this agreement has been entered into between the Webster Parish Police Jury, represented by its President, Charles R.Walker, duly authorized to execute this agreement and the Town of Cotton valley, represented by its Mayor, Comerdis Phillips, duly authorized to execute this agreement, as follows:
WHEREAS, the Webster Parish Police Jury has had property adjudicated to it for nonpayment of property taxes;
WHEREAS, those properties are not needed by the Webster Parish Police Jury for a public purpose;
WHEREAS, there are local governments such as the Town of Cotton valley which would take possession of those properties and maintain those properties;
WHEREAS, the parties find that maintenance of those properties by the Town of Cotton valley is a benefit to the public proportionate to the value of the property transferred by the Police Jury to the Town;
WHEREAS, the Webster Parish Police Jury and the Town of Cotton valley are empowered to enter into cooperative endeavor agreements;
WHEREAS, there is a need to protect the public safety, health and welfare of the citizens of this parish in regards to the abandoned properties within this parish; and
WHEREAS, both the Webster Parish Police Jury and the Town of Cotton valley have a mission of protecting the public safety, health, and welfare of their citizens.
NOW THEREFORE, the parties agree that the Webster Parish Police Jury grants, transfers, and donates to the Town of Cotton valley all of its right, title, and interest, including title as adjudicated property, to the property listed in Attachment A and the Town of Cotton valley agrees to accept such right, title, and interest.
The parties agree that this transfer is in the public interest in that the condition of the property is a concern to the citizens of the Parish and Town and the Town agrees to undertake to clean, remove discarded or junked property, mow, and otherwise maintain the property transferred. This agreement shall be construed to transfer such right, title, and interest as the Webster Parish Police Jury has currently or shall acquire and the Town of Cotton valley accepts such right, title, and interest.
THUS DONE AND SIGNED on ¬ , 2010 in Minden, Louisiana.
WEBSTER PARISH POLICE JURY
BY:
CHARLES R. WALKER
PRESIDENT
ATTEST:
RONDA CARNAHAN
SECRETARY-TREASURER
THUS DONE AND SIGNED on ¬ , 2010 in Cotton valley, Louisiana.
TOWN OF COTTON VALLEY
BY:
COMERDIS PHILLIPS
MAYOR
ATTEST:
TOWN CLERK
ATTACHMENT A--
COTTON VALLEY ADJUDICATED PROPERTY:
Assessment Name on Deed Legal Description City Street name or Subdivision Sale Year
1-121133 Helen Greenard SW/4 of NE/4 Sec 17-21-10 Cotton Valley 726 Crow St. 2012
2- 121595 Cora Strong &
Patricia Strong Goodman Cotton Valley 712 Crow Street 2015
Webster Parish Police Jury - Webster Parish Courthouse Annex
401 Main St., West Entrance - P.O. Box 389 - Minden, LA 71058 - (318) 377-7564 Office - (318) 371-2366 Fax
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