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SQUIRE CREEK Community Development District Minutes June 29, 2011

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SQUIRE CREEK Community Development District Minutes
June 29, 2011
Ruston, LA
The Squire Creek Community Development District Board of Supervisors met in special session at 289 Squire Creek Parkway, Choudrant, LA on June 29, 2011 at 11:00 am with the following members present:
Gray Hipp, Chairman; Wayne Parker, Terry Ewing, William McNew, Kerry Banks
Absent: None
The meeting was called to order by Chairman Gray Hipp.
Minutes of the November 29, 2010 meeting were approved as written.
On Motion by Mr. Wayne Parker, seconded by Mr. Kerry Banks the following ordinance was introduced:
ORDINANCE NO. 2011-01
An ordinance of the Board of Supervisors of the Squire Creek Community Development District, Village of Choudrant, State of Louisiana (the “District”), adopting, determining, ordering and levying the 2011 installment of the total Benefit Special Assessments on all immovable property in the District for bonds issued and related expenses to finance infrastructure projects and facilities in the District; and further providing for the payment and collection of such special assessments; and further providing for other related matters.
Whereas, Squire Creek Community Development District, Village of Choudrant, State of Louisiana (the “District”), is a public corporation and community development district organized and existing under the provisions of Chapter 27 B of Title 33 of the Louisiana Revised Statutes of 1950, as amended, specifically La. R.S. 33:9039.11 through 9039.37, inclusive (the “Act”), and pursuant to Ordinance No. 70 duly adopted by the Board of Aldermen of the Village of Choudrant, State of Louisiana, effective on April 1, 2002 (the “District Ordinance”), which District is comprised of and includes all of the immovable property situated within the described boundaries, all as more fully set forth in the District Ordinance;
Whereas,The District is further authorized by the Act to levy and collect non ad valorem special assessments against all immovable property situated in the District that is subject to assessment as a result of the projects to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge, extend, equip, operate and maintain systems, facilities and basic infrastructure for the District; Whereas, This Board of Supervisors has found and determined that it is necessary to the public health, safety, and welfare, and in the best interests of the property owners of the District, that the District undertake, in one or more phases, the acquisition of certain capital infrastructure improvements (collectively, the “Infrastructure Improvements”) which have been or will be constructed, established or installed in the District, consisting of (i) a water distribution system (including water wells, elevated storage tanks, water mains, booster pumps, valves, fire hydrants and other equipment); (ii) a sewer system (including wastewater collection, pumping and treatment facilities); and (iii) an internal roadway system (including a stormwater management system, storm sewers, inlets and manholes), all pursuant to the provisions of the Act for the special benefit of the immovable property located in the District;
Whereas, Pursuant to Ordinance No. 2003-01 adopted by this Board on June 20, 2003 (the “Assessment Ordinance”), this Board determined to provide the Infrastructure Improvements and to defray the costs thereof by imposing and levying benefit special assessments (the “Special Assessments”) on benefited immovable property in the District, pursuant to the provisions of Section 9039.29 of the Act.
Whereas,The Special Assessments are to be determined and assessed annually on a benefit adjusted relative front footage basis, as more fully set forth in an Assessment Methodology Report dated as of July 2, 2003 (the “Methodology Report”), prepared by King, Bossier, Nosacka & Holley, a copy of which is attached as an exhibit to the Preliminary Assessment Ordinance and is on file at the District Office.Whereas, In accordance with its annual assessment procedure, the Board scheduled and conducted a public meeting on June 29, 2011 at 11:00 A.M., 289 Squire Creek Parkway, Choudrant, Louisiana, to consider, determine, adopt, order and levy the Special Benefit Assessments for calendar year 2011 on all benefited immovable property in the District. Due notice of such meeting was given and published in accordance with applicable law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Squire Creek Community Development District, Village of Choudrant, State of Louisiana, acting as the governing authority thereof, that: Levy of Benefit Special Assessments for 2011. Pursuant to the provisions of the Act, particularly Section 9039.29(A), this Board hereby determines, orders, and levies the annual installments for year 2011 regarding the Special Assessments on all specially benefited immovable property in the District, all as specified on the Assessment Schedule, Exhibit “A.” as if attached hereto. This Board further ordains that the Assessor and the Sheriff of the Parish of Lincoln, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread the Special Assessments, as set forth in the aforesaid Assessment Schedule, upon the assessment roll of said Parish for calendar year 2011; and further, to make the collection of the taxes imposed for and on behalf of the District, according to law. The Special Assessments herein levied shall become a permanent lien and privilege on all specially benefited immovable property in the District as more fully provided on the aforesaid Assessment Schedule, which lien shall be on a parity with the lien of state, parish, municipal, and school board taxes. Immediately following the adoption of this Ordinance, the Benefit Special Assessments reflected in the Assessment Schedule attached hereto shall be recorded by the Secretary of this Board of Supervisors in a special book to be known as the “Special Assessment Lien Book.”Enforcement of Lien; Nonpayment. Collection of the Special Assessments levied under this Ordinance shall be enforceable in the manner provided by law, particularly the provisions of Sections 9039.29(C) and 9039.30 of the Act. Special Assessments must be paid no later than the thirty first (31st) day of December of each calendar year. Special Assessments which are delinquent shall bear interest after the thirty first (31st) day of December of such year until paid, at the rate of one percent (1%) per month.
Severability. If any section or part of a section of this Ordinance be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.Conflicts. All ordinances and/or resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
Publication. A copy of this Ordinance shall be published promptly after its adoption in one issue of The Ruston Daily Leader, the official journal of the District.
After a review of said ordinance, the motion to adopt was voted on by the following YEA ad NAY vote:
YEAS: 5
NAYS: 0
ABSENT: 0
WHEREUPON, the foregoing Ordinance was declared adopted on this 29th day of June, 2011.
SUMMARY OF ASSESSMENTS

INSERT TABLE 1

Following additional discussion a meeting was scheduled for August 31, 2011 at 11:00 to hear a report and receive the 2010 audit from Douglas Brewer, CPA.
There being no other business to come before the body the meeting adjourned.
/s/ Leah Baker, Secretary
Gray Hipp, Chairman
1td: August 11, 2011

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