The Mayor and City Council of the City of Gretna Met This Day at 5:30 P

OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Special Meeting - Timberlane Annexation Monday, May 5, 2008

The Mayor and City Council of the City of Gretna met this day Monday, May 5, 2008 at 5:47 p.m. in special session with the following members present: Council Members, Raylyn R. Beevers, Jonathan C. Bolar, Belinda C. Constant and Vincent E. Cox III.

Absent: Mayor Ronnie C. Harris Presiding: Mayor Pro-Tem Wayne A. Rau

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Notice of the Special Meeting of the Mayor and Council of the City of Gretna for the Timberlane Annexation, scheduled for Monday, May 5, 2008 was duly posted on the Gretna City Hall Bulletin Board on May 1, 2008.

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Mr. Mark C. Morgan, City Attorney addressed the City Council. He explained that the purpose for this Special meeting was because in November 2007, the City Council passed a resolution calling for an election of the residents of Timberlane Subdivision. That election would determine whether or not those residents of Timberlane Subdivision wished to be annexed into the City of Gretna. The Secretary of State was contacted, and he had been working with their office to determine if the July 19, 2008 election date could be called. The resolution adopted in November 2007 was not acceptable to the Secretary of State Administration’s Office because no one in that office had ever done an annexation, so therefore based on that resolution an election could not be called. This process was cumbersome and his office had been working on this matter for the past two weeks. The new resolution prepared contained the language as requested by the Secretary of State and also had a language that had to be published for the Notice of Election. The new resolution presented for consideration tonight did not change the intent of the Timberlane Annexation and did not change the intent the City Council desired in November 2007. The original resolution only called for one proposition to be placed on the ballot. However, some of the certifications obtained from the Jefferson Parish Assessor’s Office regarding property values and from the Register of Voters’ Office, was unclear as to whether it was done for all of Timberlane Subdivision or for the north and south part separately. The city received the information from Mr. Lawrence Chehardy, Assessor certifying that the proposed annexation did meet all of the qualifications for two sets of propositions, particularly one south of Lapalco Boulevard and one north of Lapalco Boulevard.

Mr. Morgan explained that the results of the election could result in the north side being annexed and the south side would not be annexed into the City of Gretna. This cannot happen the opposite way, the properties must be contiguous. If the north side of Timberlane voted not to be annexed and the south side of Timberlane voted to be annexed, that vote would become null and void because the south Timberlane area was not contiguous. The Parish’s Assessor reviewed the propositions as one, but the Registrar of Voters reviewed the propositions as two separate groups.

On motion by Councilman Cox and seconded by Councilman Bolar, the following resolution was read and adopted section by section and then as a whole by the following vote:

Yeas: Council Members Beevers, Bolar, Constant and Cox Nays: None Absent: None Presiding: Mayor Pro-Tem Wayne A. Rau

RESOLUTION NO. 2008-045 A resolution ordering and calling a special election to be held in the Parish of Jefferson, State of Louisiana, in precincts 233 and 235, to vote upon propositions to annex into and make a part of the City of Gretna certain areas known as the Timberlane subdivision; and providing for other matters in connection therewith.

WHEREAS the City of Gretna (sometimes hereinafter the “City”) has an interest in the health, safety, and welfare of its citizens, and

of 7 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Special Meeting - Timberlane Annexation Monday, May 5, 2008

WHEREAS the City of Gretna places a high value on the quality of life issues for its residents, and

WHEREAS increased services and excellent police protection have long been associated with the City of Gretna, and

WHEREAS the City of Gretna has been and continues to be a great place to live and raise a family, and

WHEREAS the area of the Timberlane subdivision that is north of Lapalco Boulevard in unincorporated Jefferson Parish is contiguous to the City of Gretna, and

WHEREAS the area of the Timberlane subdivision that is south of Lapalco Boulevard in unincorporated Jefferson Parish is contiguous to the area of the Timberlane subdivision that is north of Lapalco Boulevard, which in turn is contiguous to the City of Gretna, and

WHEREAS the areas know as the Timberlane subdivision, including its country club and golf course but excluding it driving range, would be a benefit to the City of Gretna, and

WHEREAS the area of the Timberlane subdivision that is north of Lapalco Boulevard has, by petition, expressed a desire to be annexed into the City of Gretna, and

WHEREAS the area of the Timberlane subdivision that is south of Lapalco Boulevard also has, by petition, expressed a desire to be annexed into the City of Gretna, and

WHEREAS state law dictates the steps and requirements necessary for the expansion of the city limits of any municipality in Jefferson Parish, and

WHEREAS the residents of the Timberlane subdivision that is north of Lapalco Boulevard have complied with the statutory requirements of certification of a majority of registered voters and resident property owners (comprising more than 50% in value of the land to be annexed), and furnished said petitions and certifications to the City of Gretna, and

WHEREAS the residents of the Timberlane subdivision that is south of Lapalco also have complied with the statutory requirements of certification of a majority of registered voters and resident property owners (comprising more than 50% in value of the land to be annexed), and furnished said petitions and certifications to the City of Gretna, and

WHEREAS the City of Gretna desires to enlarge the boundaries of the City of Gretna by annexing the below-described properties to be included within the corporate limits of the City of Gretna.

NOW, THEREFORE, BE IT RESOLVED by the Gretna City Council (hereinafter sometime the “Governing Authority”), acting as Governing Authority for the City, that:

Section 1: Election Call. Under the authority conferred by Article VI, Sections 5 and 22 of the Constitution of the State of Louisiana of 1974, as amended, La. R.S. 33:172.1(F), and the applicable provisions of Chapter 5, Chapter 6-A, and Chapter 6-B of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the Parish of Jefferson, in precincts 233 and 235 only, on SATURDAY, JULY 19, 2008, between the hours of six o’clock (6:00) a.m. and eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and, at the said election—subject to the restriction set out below--, there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States and who reside within the geographic boundaries set forth in the propositions below, the following propositions, to wit:

PROPOSITION 1 SUMMARY: TO ANNEX INTO AND MAKE A PART OF THE INCORPORATED AREA OF THE CITY OF GRETNA AT MIDNIGHT ON DECEMBER 31, 2008, THAT AREA KNOWN AS TIMBERLANE SUBDIVISION THAT IS SITUATED NORTH OF LAPALCO BOULEVARD. Page 2 of 7 OFFICIAL MINUTES OF CITY OF GRETNA Gretna, LA Special Meeting - Timberlane Annexation Monday, May 5, 2008

PROPOSITION 1: Shall the following area be annexed into and be made part of the incorporated area of the City of Gretna:

Property bounded to the north by Belle Chasse Highway, to the east by Timberlane Drive, to the west by the Verret Canal, and to the south by Lapalco Boulevard, with such annexation to be effective at 12 o’clock midnight on December 31, 2008?

PROPOSITION 2 SUMMARY: TO ANNEX INTO AND MAKE A PART OF THE INCORPORATED AREA OF THE CITY OF GRETNA AT MIDNIGHT ON DECEMBER 31, 2008, THAT AREA KNOWN AS TIMBERLANE SUBDIVISION THAT IS SITUATED SOUTH OF LAPALCO BOULEVARD.

Property bounded to the north by Lapalco Boulevard, to the east by the rear lot lines of the properties located on the east side of Marlene Drive, to the west by the Verret Canal, and to the south by Bayou Fatma, terminating at municipal address 820 Fairfield Avenue, with such annexation to be effective at 12 o’clock midnight on December 31, 2008?

Such geographic areas, collectively, are more fully depicted in the diagram attached as “Exhibit A” hereto and incorporated herein by reference the same as if set forth herein in full. The said special election will be held subject to the following restriction on who will be eligible to vote on the propositions: only registered voters in precinct 233 who reside within the geographical boundaries set out in Proposition 1 will be eligible to vote on Proposition 1; and only registered voters in precinct 235 who reside within the geographical boundaries set out in Proposition 2 will be eligible to vote on Proposition 2.

Section 2: Publication of Notice of Election. A Notice of Special Election shall be published in the Times-Picayune, a daily newspaper of general circulation within the parish and within the City of Gretna and the areas proposed to be annexed, published in New Orleans, Louisiana, and being the official journal of the Parish and of the City, once a week for four consecutive weeks, with the first publication to be not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached as “Exhibit B” hereto and incorporated herein by reference the same as if set forth herein in full. The notice also shall be posted for a period of ten (10) days or more preceding the election in the manner required in sheriff’s and constable’s sales.

Section 3: Canvass. This Governing Authority shall meet at its regular meeting place, the City Council Chamber on the second floor of Gretna City Hall, 2nd Street and Huey P. Long Avenue, Gretna, Louisiana, on Monday, July 21, 2008, at five-thirty o’clock (5:30) p.m., and shall then and there, in open and public session, proceed to examine and canvass the returns and declare the result of the said special election and record the returns in the public record book of the City of Gretna, there to be permanently preserved among the official records of Gretna.

Section 4: Polling Places. The polling places set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners- in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law. Section 5: Election Commissioners and Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may 1be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held on Monday, July 21, 2008, as provided in Section 3 hereof. All registered voters residing within the areas described in Proposition 1 and in Proposition 2 will be entitled to vote at the special election, and voting machines shall be used.

Section 6: Authorization of Officers. The City Clerk is hereby empowered, authorized, and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms, and other paraphernalia essential to the proper holding of said election, and the Mayor and/or City Clerk are further authorized, empowered, and directed to take any and all further action required by State and/or Federal law to arrange for the election, including but not limited to, appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.

Section 7: Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, the Clerk of Court and Ex- Officio Parish Custodian of Voting Machines of Jefferson Parish, and the Registrar of Voters of Jefferson Parish, as notification of the special election, in order that each may prepare for said election and perform his or her respective functions as required by law.

Section 8: Proclamation of Results. The Governing Authority shall, within ten (10) days of the canvass herein set out in section 3, make public proclamation of the result of the election by publication for ten (10) days in the Times-Picayune and by posting of the result in the manner required for sheriff’s and constable’s sales.

Section 9: Process Verbal of the Canvass. The Governing Authority shall prepare a process verbal of the canvass required by Section 3 hereof and shall forward a copy of the process verbal of the canvass to the Secretary of State and to the Clerk of Court of the 24th Judicial Court for recordation in the mortgage records. The original process verbal shall be retained in the archives of the City of Gretna.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Gretna City Council, acting as Governing Authority for said City, that: With respect to Proposition 1, the annexation of the area proposed to be annexed thereby shall not become effective unless and until a majority of qualified voters residing in the proposed area to be annexed shall have voted in favor of annexation in the election called herein and until the stroke of midnight on December 31, 2008; and

With respect to Proposition 2, the annexation of the area proposed to be annexed thereby shall not become effective unless and until a majority of qualified voters residing in the proposed area to be annexed shall have voted in favor of annexation in the election called herein, unless and until the passage of Proposition 1 above by majority vote, and until the stroke of midnight on December 31, 2008.

NOW, THERFORE, BE IT FURTHER RESOLVED by the Gretna City Council, acting as Governing Authority for said City, that:

The annexation of any area not composing an entire voting precinct will not become effective unless and until the Jefferson Parish Council shall have adopted an ordinance concurring in the annexation of such area or areas, such requirement being in addition to that of a majority of qualified voters residing in such area or areas having voted in favor of the proposed annexation of said area in the election being called and the fulfillment of such other requirements as are set forth herein.

Exhibit “A”

Exhibit “B” NOTICE OF SPECIAL ELECTION

Pursuant to the provisions of a resolution adopted by the City Council of the City of Gretna, Parish of Jefferson, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Gretna, Parish of Jefferson, State of Louisiana (the “City”), on May 5, 2008, NOTICE IS HEREBY GIVEN that a special election will be held within the Parish of Jefferson in precinct 233 and part of precinct 235 on SATURDAY, JULY 19, 2008, and that at said election there will be submitted to all registered voters in the aforesaid precinct and partial precinct, qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States and who also reside, respectively, within the geographical limits of the areas described in the propositions set out below, the following propositions, to wit:

PROPOSITION 1 SUMMARY: TO ANNEX INTO AND MAKE A PART OF THE INCORPORATED AREA OF THE CITY OF GRETNA AT MIDNIGHT ON DECEMBER 31, 2008, THAT AREA KNOWN AS TIMBERLANE SUBDIVISION THAT IS SITUATED NORTH OF LAPALCO BOULEVARD.

Property bounded to the north by Belle Chasse Highway, to the east by Timberlane Drive, to the west by the Verret Canal, and to the south by Lapalco Boulevard, with such annexation to be effective at 12 o’clock midnight on December 31, 2008?

PROPOSITION 2 SUMMARY: TO ANNEX INTO AND MAKE A PART OF THE INCORPORATED AREA OF THE CITY OF GRETNA AT MIDNIGHT ON DECEMBER 31, 2008, THAT AREA KNOWN AS TIMBERLANE SUBDIVISION THAT IS SITUATED SOUTH OF LAPALCO BOULEVARD.

Property bounded to the north by Lapalco Boulevard, to the east by the rear lot lines of the properties located on the east side of Marlene Drive, to the west by the Verret Canal, and to the south by Bayou Fatma, terminating at municipal address 820 Fairfield Avenue, with such annexation to be effective at 12 o’clock midnight on December 31, 2008?

The said special election will be held subject to the following restriction on who will be eligible to vote on the propositions: only registered voters in precinct 233 who reside within the geographical boundaries set out in Proposition 1 will be eligible to vote on Proposition 1; and only registered voters in precinct 235 who reside within the geographical boundaries set out in Proposition 2 will be eligible to vote on Proposition 2.

The said special election will be held at the following polling places situated within the Parish of Jefferson, which polls will be open at six o’clock (6:00) a.m. and will close at eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to wit:

Precinct Location 233 Timberlane Country Club, Timberlane Drive, Gretna, LA 70056 235 Timberlane Country Club, Timberlane Drive, Gretna, LA 70056 (PART)

The polling places set forth above are hereby designated as the polling places at which to hold the said special election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.

The said special election will be held in accordance with the applicable provisions of Chapter 5, Chapter 6-A, and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefore as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to the Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the City Council Chamber on the second floor of Gretna City Hall, 2nd Street and Huey P. Long Avenue, Gretna, Louisiana 70053, on MONDAY, JULY 21, 2008, at FIVE- THIRTY O’CLOCK (5:30) P.M., and shall then and there, in open and public session, proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the Parish who reside within precinct 233 and within the geographical boundaries described in Proposition 1 are entitled to vote at said special election on Proposition 1; and all registered voters of the Parish who reside within precinct 235 and within the geographical boundaries described in Proposition 2 are entitled to vote at said special election on Proposition 2. Voting machines will be used for voting.

THUS DONE AND SIGNED at Gretna, Louisiana, on this 5th day of May 2008.

ATTEST:

/S/ AZALEA M. ROUSSELL, CMC /S/ WAYNE A. RAU CITY CLERK MAYOR PRO-TEM CITY OF GRETNA CITY OF GRETNA STATE OF LOUISIANA STATE OF LOUISIANA

A TRUE COPY:

/S/ AZALEA M. ROUSSELL, CMC CITY CLERK

State of Louisiana Parish of Jefferson

I, the undersigned City Clerk for the City of Gretna, Parish of Jefferson, State of Louisiana, do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by the City Council for the City of Gretna on May 5, 2008, ordering and calling a special election to be held in precincts 233 and 235 of the Parish of Jefferson, State of Louisiana, to vote upon the adoption of two propositions and providing for other matters in connection therewith.

IN FAITH WHEREOF witness my official signature and the official seal of said City at Gretna, Louisiana, this 5th day of May 2008. /S/ AZALEA M. ROUSSELL, CMC CITY CLERK

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On motion by Councilman Bolar, seconded by Councilwoman Beevers, and unanimously approved, IT WAS RESOLVED to adjourn the Monday, May 5, 2008 Special Meeting at 5:52 p.m.

/S/ AZALEA M. ROUSSELL, CMC /S/ RONNIE C. HARRIS CITY CLERK MAYOR CITY OF GRETNA CITY OF GRETNA STATE OF LOUISIANA STATE OF LOUISIANA

A TRUE COPY:

/S/ AZALEA M. ROUSSELL, CMC CITY CLERK