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RESOLUTION NO. 1224 OF 2019

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RESOLUTION NO. 1224 OF 2019
A RESOLUTION AUTHORIZING THE PUBLICATION OF A NOTICE OF INTENTION TO EXPAND THE BOUNDARIES OF THE COOKTOWN ROAD ECONOMIC DEVELOPMENT DISTRICT OF THE CITY OF RUSTON, STATE OF LOUISIANA, AND TO EXTEND THE LEVY OF THE DISTRICT'S EXISTING SALES AND USE TAX INTO THE EXPANDED BOUNDARIES; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 33:9038.31, et seq.) (the "EDD Act") authorizes municipalities, parishes and certain other local governmental subdivisions to create economic development districts to carry out the purposes of the Act, which economic development districts are political subdivisions of the State of Louisiana and possess such power and authority and have such duties as provided by the EDD Act and other law; and
WHEREAS, La. R.S. 33:9038.39 permits economic development districts to levy sales taxes and hotel occupancy taxes for authorized purposes in addition to any other sales taxes and hotel occupancy then in existence or permitted to be in existence therein, and provided that in the event there are no qualified electors in the district in question, as certified by the Registrar of Voters, no election shall be required prior to the levy of such sales taxes; and
WHEREAS, pursuant to the EDD Act and Ordinance No. 1709 of 2017 adopted on September 11, 2017, the City of Ruston, State of Louisiana (the "City"), acting through this Mayor and Board of Aldermen as its governing authority (the "Governing Authority"), created the "Cooktown Road Economic Development District of the City of Ruston, State of Louisiana" (the "District"), in accordance with La. R.S. 33:9038.32; and
WHEREAS, pursuant to the EDD Act, specifically La. R.S. 33:9038.39, and Ordinance No. 1714 of 2017 adopted on November 6, 2017, the Governing Authority adopted an ordinance levying a one half of one percent (0.50%) sales and use tax in the District (the "District Tax"), for the purposes stated in said Ordinance No. 1714, such District Tax being effective from April 1, 2019, for a period of twenty (20) years; and
WHEREAS, in accordance with the EDD Act, particularly La. R.S. 33:9038.32 and La. R.S. 33:9038.39, this Governing Authority now desires to give notice of its intention to hold a public hearing relative to the expansion of the geographical boundaries of the District, and the levy and collection of the District Tax into the expanded boundaries of the District, which notice shall be published in the City's official journal two (2) times prior to the public hearing, the first publication to appear at least fourteen (14) days before the date of the public hearing;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the City of Ruston, State of Louisiana, acting as the governing authority of the City and of the District, that:
§1. Intention to Expand the Geographical Boundaries of the District. In accordance with the EDD Act, and particularly La. R.S. 33:9038.32, this Governing Authority, in its capacity as governing authority of both the City and the District, does hereby give notice of its intention to expand the geographical boundaries of the District to include the additional parcel of land shown on the map attached hereto as Exhibit A.
§2. Intention to Extend Sales Tax Levy. In accordance with the EDD Act, and particularly La. R.S. 33:9038.32, this Governing Authority, in its capacity as governing authority of both the City and the District, does hereby further give notice of its intention to extend the levy and collection of the District Tax into the expanded area of the District as described and shown in Exhibit A hereto, without the necessity of holding an election therein, in reliance on a certification of the Lincoln Parish Registrar of Voters to be received before such extension of the levy that there are no registered voters in the expanded boundaries of the District.
§3. Notice of Intention. The City Clerk is authorized and directed to publish a notice of intention, in substantially the following form, which notice shall be published in the City's official journal two (2) times prior to the public hearing, the first publication to appear at least fourteen (14) days prior to the public hearing relative to the proposed expansion of the geographical boundaries of the District and the extension of the levy and collection of the District Tax into the expanded boundaries of the District:
* * * * *
NOTICE OF INTENTION TO
EXPAND THE GEOGRAPHICAL BOUNDARIES AND
EXTEND THE LEVY OF A SALES TAX IN
COOKTOWN ECONOMIC DEVELOPMENT DISTRICT OF THE
CITY OF RUSTON, STATE OF LOUISIANA
NOTICE IS HEREBY GIVEN that the Mayor and Board of Aldermen of the City of Ruston, State of Louisiana (the "Governing Authority), acting as the governing authority of the City of Ruston, State of Louisiana (the "City") proposes to consider the adoption of an ordinance, pursuant to La. R.S. 33:9038.32, expanding the geographical boundaries of an existing economic development district within the City called "Cooktown Road Economic Development District of the City of Ruston, State of Louisiana" (the "District") to include the additional property shown on the map attached to this notice.
NOTICE IS HEREBY FURTHER GIVEN that upon the expansion of the District, the Governing Authority, in its capacity as the governing authority of the District, further proposes to extend the levy of the District's existing sales tax of 0.50%, originally levied pursuant to Ordinance No. 1714 of 2017, effective April 1, 2019 for a period of twenty (20) years from such date, based on a certification from the Lincoln Parish Registrar of Voters that no qualified electors reside in the aforesaid area being added to the District.
NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority, acting as the governing authority of both the City and the District, will meet in open and public session on Monday, March 4, 2019, at five thirty o'clock (5:30) p.m., at the Council Chambers/Courtroom, City Hall, 401 North Trenton, Ruston, Louisiana, to hear any objections to the proposed expansion of the District as described above and the extension of the levy and collection of the District Tax in the expanded boundaries of the District.
[A MAP AS SHOWN IN
EXHIBIT A TO THIS RESOLUTION IS TO BE
ATTACHED TO NOTICE OF INTENTION PRIOR TO PUBLICATION]
* * * * *
§4. Public Hearing. At the date, time and place mentioned in the aforesaid Notice of Intention, or at such other time and place as may be determined by the Mayor and properly advertised, this Governing Authority will meet in open and public session, to hear any objections to the proposed expansion of the boundaries of the District and extension of the District Tax into the expanded boundaries of the District in the manner set forth hereinabove.
§5. Authorization of Officers. The Mayor, Mayor pro tem and the City Clerk are hereby authorized, empowered and directed to do any and all things necessary and incidental to carry out the provisions of this resolution.
§6. Repealer. All ordinances introduced or adopted, or parts thereof, or resolutions, or parts thereof, in conflict herewith are hereby repealed, including Resolution No.1233 of 2019.
Said Resolution having been read and considered by a quorum of the Board of Aldermen, on motion to adopt by Alderman Jedd Lewis, seconded by Alderwoman Carolyn Cage, a record vote was taken and the following result was had:
YEA:ALDERWOMAN CAROLYN CAGE
ALDERMAN JEDD LEWIS
ALDERWOMAN ANGELA MAYFIELD
ALDERMAN JIM PEARCE
ALDERMAN BRUCE SIEGMUND
NAY:NONE
ABSENT: NONE
WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on this the 4th day of February, 2019.
ATTEST:
LAURA HARTT, CLERK RONNY WALKER, MAYOR
EXHIBIT A
to Notice of Intent Resolution
MAP OF PROPOSED EXPANDED BOUNDARIES OF
COOKTOWN ROAD ECONOMIC DEVELOPMENT DISTRICT
OF THE CITY OF RUSTON, STATE OF LOUISIANA

INSERT CHART

STATE OF LOUISIANA
PARISH OF LINCOLN
I, the undersigned City Clerk of the City of Ruston, State of Louisiana (the "City"), do hereby certify that the foregoing _________ (__) pages constitute a true and correct copy of a resolution adopted by the governing authority of the City on February __, 2019, a resolution authorizing the publication of a notice of intention to expand the boundaries of the Cooktown Road Economic Development District of the City of Ruston, State of Louisiana, and to extend the levy and collection of the District's existing sales and use tax into the expanded boundaries; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the City on this the ___ day of __________, 2019.
(SEAL) City Clerk
1td February 8, 2019

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