Harlan Kirgan
Eunice Mayor Scott Fontenot said he plans to reopen the Eunice Library by August.
The library on 2nd Street has been closed since July 10, the morning after the Eunice Board of Aldermen approved actions to create an independent library.
The action was greeted with a note on the door of the library stating, “... due to City Council & Mayor’s decision. We will gladly fill your library needs in Opelousas until 8-1-19.”
On Friday, Fontenot shared a lettter sent to Estelle Perrault, Opelousas- Eunice Library Board chairwoman.
The July 17 letter by Vernon McManus, Eunice city attorney, included a timeline of events by the city regarding to the formation of the Opelousas-Eunice Public Library, and the city’s actions this month creating a separate Eunice Public Library.
“On page two is the law supporting my legal opinion that the recently enacted ordinances of the City of Eunice to terminate its participation in the Opelousas-Eunice Library system, and to create a separate Eunice Library, is permitted by law and is legal,” he stated.
McManus also stated, Therefore, it is necessary at this time to discuss the equitable separation of the movable assets of the Opelousas-Eunice Library. But, such discussion necessarily requires that the City of Eunice have access to the Public Records requested July 10, 2019.”
Fontenot said Board minutes and financial records have been requested.
The mayor also said Perrault has requested an attorney general’s opinion about the split.
“She is trying to halt this thing. I believe she believes that the tax passed was dedicated toward that specific library,” he said.
“I can’t get that through their heads that it wasn’t,” Fontenot said of the tax dedication.
McManus’ letter stated, “The termination of Eunice’s participation in the Opelousas-Eunice Library system was indeed recommended by Mayor Fontenot, but the ordinance enabling the termination of participation by the City of Eunice in the Opelousas-Eunice Public Library, and the ordinance creating a separate Eunice Public Library was the action of the entire Eunice City Council.”
Fontenot said it is time to discuss the separation of movable assets.
“I’m still hoping to have it open by August,” he said.
“If it was up to me I would have it open right now and people would be able to use it, but I want to follow the advice of the attorney,” he said.
The city owns the building and has changed the locks, he said.
Employees were allowed to retrieve personal items with a police officer present, he said.
Fontenot said the city’s payment to the library was $162,000 a year. The last payment was through July 9, he said.
The timeline sent to Perrault stated the following.
July 15, 2019
TimeLine of the Creation and Dissolution
of the Opelousas-Eunice Public Library
5/22/62
Election creating a 1% sales tax for the City of Eunice.
2/28/67
Special election authorizing the City of Eunice to rededicate and use the revenues derived from the 1% sales tax ………….. to provide funds, not to exceed in any fiscal year 10% of the proceeds of said tax for such year, to defray costs of operating and maintaining a public library for the City of Eunice.
4/11/67
Eunice enacts ordinance A-331
Section 1: Enables the City of Eunice to use the authority of Louisiana Revised Statute 33:1321, et seq, to enter an agreement with the City of Opelousas for the promotion, maintenance, support and operation of an Opelousas-Eunice Public Library. NOTE: This state law only authorizes the two cities to enter into an agreement – It does not specify the details or terms of any such agreement.
Section 2: The City of Eunice agrees to the creation of the Opelousas-Eunice Public Library Board of Commissioners.
Section 6: States that Opelousas will fund library 60% and Eunice 40%.
Section 7: Directs that the Board of Commissioners shall establish rules and regulations for its own governance and any agreement to same, and the operation of the Opelousas-Eunice Public Library.
July 15, 2019
TimeLine
OPELOUSAS-EUNICE PUBLIC LILBRARY
The library agreement by the two cities is a conventional bilateral contract. (Civil Code art. 1906, 1908) The agreement has no set time limit and is therefore a contract of unspecified duration. A contract of unspecified duration may be terminated at the will of either party by giving notice, reasonable in time and form, to the other party. (Civil Code art. 2024)
“Laws are repealed, either entirely or partially, by other laws ….. “ (Civil Code art. 8) Therefore, as permitted by that Louisiana Civil Code article, the City of Eunice on June 11, 2019 enacted Ordinance No. 0619A, which repealed Ordinance No. A-331 that authorized the library agreement between the two cities.