Lake Charles, Louisiana

September 6, 2001

The Police Jury of Calcasieu Parish, Louisiana, met in regular session at 5:30 p.m. on Thursday, September 6, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, with the Honorable Elizabeth Conway Griffin, President, presiding, and the following members present:

Mesdames Luvertha August and Sandra Treme; and Messrs. Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius "Cornie" Moon.

Absent: None

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant to the Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Wes Crain, Assistant Director of Planning and Development; Ms. Kathy P. Criglow, Recording Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Claude Smart, Parish Engineer; Mr. Allen Smith of Plauche, Smith, and Nieset, Legal Counsel; and Mr. Gerry Trahan, Director of Facilities Management.

President Griffin called the meeting to order, and the invocation was pronounced by Mr. Derbonne who asked that a moment of silent prayer be observed in concern for the health of Mr. Darrell Derouen, former Police Juror who served from 1984 to 1996, which was followed by the Pledge of Allegiance led by Mr. Manuel. The roll was called with the result being as outlined above.

Motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the following applications for liquor and beer permits be approved:

WARD I

Eckerd Corporation

Michael Thomas Lops - Vice-Pres.-Compliance

ECKERD DRUGS #2429

366 Sam Houston Jones Parkway

Lake Charles, LA 70611 Beer - Pkg. 25.00

(Don Manuel's District)

WARD IV

Vincent Oil Corporation

Burton R. Vincent - Pres.

SUPER SAVER EXPRESS TRAVEL CENTER

2706 South Beglis Parkway

Sulphur, LA 70663 Liquor & Beer - Pkg. 75.00

(Brent Clement's District)

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A report was received at this time from Mr. Derbonne, Police Juror - District Nine, with reference to on-going activities within his district and his liaison affiliations. He stated that he was liaison to many different boards and entities such as McNeese State University, Burton Coliseum, Lake Charles Regional Airport, etc. With regard to the latter, Mr. Derbonne advised that he had attended the Airport Authority meeting on the previous date and that effective October 1, 2001, airline service would be available from Lake Charles to Lafayette and to Beaumont via Continental Express and Northwest Link.

President Griffin thanked Mr. Derbonne for his report.

Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the payment of all current invoices was approved.

Motion was made by Mrs. August, seconded by Mr. Clement and carried unanimously that the minutes of the regular meeting of the Police Jury dated August 2, 2001, be approved and that the reading of same be dispensed with.

It was moved by Mrs. August, seconded by Mr. Clement and carried unanimously to approve the Agenda Committee Report dated August 30, 2001, as follows:

AGENDA COMMITTEE REPORT

August 30, 2001

A meeting of the Agenda Committee was held on Thursday, August 30, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Chuck Kleckley, Chairman, presiding, and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chris Landry, Mr. Don Manuel, Dr. Charles S. Mackey, Mr. Hal McMillin, and Mr. Cornie Moon.

Absent: Mrs. Sandra Treme

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Ms. Kathy Criglow, Mr. Richard Gremillion, Mr. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.

Chairman Kleckley advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on September 6, 2001.

Following review of the items to be considered by the Police Jury on September 6^th, it was unanimously recommended that the proposed agenda be accepted.

Also, recommendations for appointments to various boards of special service districts were made by members of the Committee.

There being no further business, Chairman Kleckley declared the meeting to be adjourned.

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Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey, the Public Works Committee Report dated August 30, 2001, was approved as follows:

PUBLIC WORKS COMMITTEE REPORT

August 30, 2001

A meeting of the Public Works Committee was held on Thursday, August 30, 2001, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Cornelius Moon, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Mr. Don Manuel, Mr. Hal McMillin, and Dr. Charles S. Mackey..

Absent: Mrs. Sandra Treme

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Ms. Kathy Criglow, Mr. Richard Gremillion, Ms. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.

Said Committee:

Presented certificates and a plaque to the following players and coaches of the South Lake Charles Little League All-Stars for winning the Gulf Coast Regional 12-year Old Little League Championship and for representing the Gulf States Region in the 2001 Little League World Series in Williamsport, Pennsylvania: Jack Hart, Daniel Ross Curet, Richard Karr, Ty Todd, Carmen Angelini, Jared Ashford, Austin Carnahan, Myrio Richard, Dylan Guillot, Ben Kamla, Steven Ory, Samuel Moss, Jeffery Jones, Coach Jeff Jones, Coach Carmen Angelini, and Manager Ben Mount.

Presented certificates and a plaque to the following players and coaches of the South Lake Charles Junior League All-Stars for winning the 2001 Southern Region Tournament, Second Place in the 2001 Junior League United States Series, and Third Place in the 2001 Junior World Series held in Taylor, Michigan: Justin Morales, Bailey Beard, Adam Walker, Grant Derouen, Jeremy Gormly, Jordan Daughenbaugh, Chris Claudel, Matthew George, Shane Brashear, Cain Manuel, Matthew LaFleur, James Allen Lebert, Caleb Caple, Coach Troy Derouen, Coach Kelly Beard, Coach Henry Gormly, and Manager Steve Manuel.

Received progress report from Sheriff Beth Lundy regarding the Motorist Assistance Patrol (MAP) Program established locally through a partnership with the Police Jury and the Louisiana Department of Transportation and Development wherein she advised that during the period of July 9, 2001, through August 26, 2001, there were 657 occurrences of services having been provided (flat tire changes, delivery of gasoline and/or water, accidents, other mechanical, moving of vehicles and/or debris, etc.) and 575 additional services rendered (for assistance to other agencies, directions, cell phone use, etc.), 362 of which were on Interstate-10 and 213 on Interstate 210. Sheriff Lundy further advised that the MAP Program had recently changed its strategy in that the vans were being kept parked in certain locations along the interstate and while they were still available for calls, they were not wasting gas and putting needless mileage on the vans by constantly patrolling.

Recommended that a resolution be adopted accepting Willow Oak Subdivision (lots fronting existing parish road) located in Section 17, Township 8 South, Range 8 West, located on Green Oaks Road in Ward One.

Recommended that a resolution be adopted accepting Moise Sallier Acres Subdivision (lots fronting on existing parish road) located in Section 33, Township 10 South, Range 10 West, located on Thompson Road in Ward Four.

Recommended that a resolution be adopted accepting Little Indian Bayou Subdivision (lots fronting on existing parish road) located in Section 25, Township 8 South, Range 9 West, located on Coffey Road in Ward One.

Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

•Prohibit blocking and/or parking within 50 feet of any dry hydrant water source in Calcasieu Parish; and

•Establish 25-mph speed limit on McGuire Road in Ward Four.

Recommended that the Police Jury enter into an agreement with the District Attorney's Office to cut, chip, and remove tree limbs at the ROPES course site located adjacent to the Office of Juvenile Justice Services, with the District Attorney's Office to reimburse the Parish the cost for labor and equipment which is estimated to be $1,624.00.

There being no further business, Chairman Moon declared the meeting to be adjourned.

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Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that Recommendation Nos. 1 through 7 be approved as stated heretofore; whereupon, the following resolutions and ordinances were adopted:

RESOLUTION

WHEREAS, James D. Cleveland, Jr. subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Willow Oak Subdivision, a subdivision in Section 17, Township 8 South, Range 8 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and

WHEREAS, said subdivision plat was prepared by George A. Evans, Jr., Registered Land Surveyor No. 4750, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on September 12, 2001, bearing File No. 2557188.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby officially accept the plat of Willow Oak Subdivision in Ward One of Calcasieu Parish, Louisiana.

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RESOLUTION

WHEREAS, Ken Lyons subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Moise Sallier Acres Subdivision, a subdivision in Section 33, Township 10 South, Range 10 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by K. Carl Johnson, Registered Land Surveyor No. 4866, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on September 12, 2001, bearing File No. 2557189.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby officially accept the plat of Moise Sallier Acres Subdivision in Ward Four of Calcasieu Parish, Louisiana.

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RESOLUTION

WHEREAS, Wallace Nichols subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Little Indian Bayou Subdivision, a subdivision in Section 25, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by W. L. Haymon, Registered Land Surveyor No. 1823, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on September 12, 2001, bearing File No. 2557186.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby officially accept the plat of Little Indian Bayou Subdivision in Ward One of Calcasieu Parish, Louisiana.

* * * * * * * * * * * *

ORDINANCE NO. 4308

AN ORDINANCE amending Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to prohibit blocking and/or parking within 50 feet of any dry hydrant water source in Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby amend Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, by adding the following section thereto:

Sec. 17-127. Prohibition against blocking and/or parking within 50 feet of any dry hydrant water source in Calcasieu Parish.

It shall be unlawful for any person to block and/or park within 50 feet of any dry hydrant water source in Calcasieu Parish.

Anyone violating the provisions of this section, upon conviction, shall be fined as provided in section 1-9 of this code.

Appropriate signs shall be erected to warn the operators of vehicles that blocking and/or parking is prohibited within 50 feet of any dry hydrant water source.

BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.

BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.

BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

This ordinance was adopted on the date above inscribed.

/s/ Elizabeth Conway Griffin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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ORDINANCE NO. 4309

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a speed limit on McGuire Road in Ward Four in Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION 1. Sec. 17-64, Twenty five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

McGuire Road in Ward Four

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limit established above.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along the road set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.

BE IT FURTHER ORDAINED that anyone violating the provisions of this ordinance, upon conviction, shall be fined as provided in Section 1-9 of the Code of Ordinances of Calcasieu Parish, Louisiana.

This ordinance was adopted on the 6^th day of September, 2001.

/s/ Elizabeth Conway Griffin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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It was moved by Mrs. August, seconded by Mr. Kleckley and carried unanimously to approve Recommendation No. 8 of the Public Works Committee Report as stated heretofore; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that it does hereby approve that the Police Jury enter into an agreement with the District Attorney's Office to cut, chip, and remove tree limbs at the ROPES course site located adjacent to the Office of Juvenile Justice Services.

BE IT FURTHER RESOLVED that the District Attorney's Office will reimburse the Parish the cost for labor and equipment which is estimated to be $1,624.00.

THUS DONE AND PASSED on the date above inscribed.

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Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey and carried unanimously, the following resolutions were adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Joe Savoie to excavate a channel, deposit spoil, and construct a boathouse for recreational purposes. A 516' X 20' X 4' channel will be excavated and approximately 1,530 cubic yards of excavated material will be deposited adjacent to it. An existing berm between the wetland area and the Calcasieu River will also be cut. A 20' X 20' boathouse will be constructed at the north end of the channel, with a walkway to the non-wet portion of the property. Approximately 0.5 acres of wetlands will be directly impacted through implementation of the project. Said project is located in wetlands adjacent to the Calcasieu River at 815 Bagdad Road, in Westlake, Louisiana, in Section 25, Township 9 South, Range 9 West, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Joe Savoie relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided a development permit is obtained from the Parish Division of Planning and Development prior to commencement of the project.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby indicate no objection to the proposal of Joe Savoie to excavate a channel, deposit spoil, and construct a boathouse for recreational purposes. A 516' X 20' X 4' channel will be excavated and approximately 1,530 cubic yards of excavated material will be deposited adjacent to it. An existing berm between the wetland area and the Calcasieu River will also be cut. A 20' X 20' boathouse will be constructed at the north end of the channel, with a walkway to the non-wet portion of the property. Approximately 0.5 acres of wetlands will be directly impacted through implementation of the project. Said project is located in wetlands adjacent to the Calcasieu River at 815 Bagdad Road, in Westlake, Louisiana, in Section 25, Township 9 South, Range 9 West, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project's effect on current parish ordinances and provisions.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that an after-the-fact application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Arnold Natali to clear, deposit and store fill and/or aggregate material to widen Nelson Road for commercial purposes. Deposit approximately 14,000 cubic yards of fill material on the site to facilitate the widening of Nelson Road. Store and process fill material predominantly on the western portion of the tract, as well as spread fill along the eastern portion. An analysis determined that the project would directly impact 2.75 acres of bottomland hardwood wetlands. Said project is located approximately 0.3 miles south from Lake Charles, LA, Section 13, Township 10 South, Range 9 West in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Arnold Natali relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Lake Charles.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby indicate no objection to the proposal of Arnold Natali to clear, deposit and store fill and/or aggregate material to widen Nelson Road for commercial purposes. Deposit approximately 14,000 cubic yards of fill material on the site to facilitate the widening of Nelson Road. Store and process fill material predominantly on the western portion of the tract, as well as spread fill along the eastern portion. An analysis determined that the project would directly impact 2.75 acres of bottomland hardwood wetlands. Said project is located approximately 0.3 miles south from Lake Charles, LA, Section 13, Township 10 South, Range 9 West in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by the Calcasieu Parish Police Jury to clear, grade and fill an area to construct a road for access to US Hwy 171 from Goos Road to relieve traffic in residential areas. The total length of the proposed road is approximately 1.9 miles and will impact approximately 3.6 acres of wetlands. The fill operation will consist of the deposition of approximately 17,702 cubic yards of native and hauled in material in wetland and non-wetland areas. Said project is located approximately 5.0 miles northerly from Lake Charles, from US Hwy 171 to Goos Road, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of the Calcasieu Parish Police Jury relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby indicate no objection to the proposal of the Calcasieu Parish Police Jury to clear, grade and fill an area to construct a road for access to US Hwy 171 from Goos Road to relieve traffic in residential areas. The total length of the proposed road is approximately 1.9 miles and will impact approximately 3.6 acres of wetlands. The fill operation will consist of the deposition of approximately 17,702 cubic yards of native and hauled in material in wetland and non-wetland areas. Said project is located approximately 5.0 miles northerly from Lake Charles, from US Hwy 171 to Goos Road, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Jeremy Henry to clear, grade and deposit fill for the construction of a private access driveway and homesite. Preliminary determinations have shown that approximately 0.20 of an acre of forested wetlands will be impacted from the proposed road, which will access the homesite in a non-wet location. The activity will be located within an area about 3,313 feet long and 10 feet wide, extending beyond the end of Joel Road. The proposed fill operation will include the deposition of approximately 800 cubic yards of clay/sand mix and 920 cubic yards of limestone, as foundation for the proposed road. Said project is located in Section 12, Township 9 South, Range 11 West, off of Joel Road, approximately 6.5 miles northwesterly from Sulphur, Louisiana, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Jeremy Henry relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby indicate no objection to the proposal of Jeremy Henry to clear, grade and deposit fill for the construction of a private access driveway and homesite. Preliminary determinations have shown that approximately 0.20 of an acre of forested wetlands will be impacted from the proposed road, which will access the homesite in a non-wet location. The activity will be located within an area about 3,313 feet long and 10 feet wide, extending beyond the end of Joel Road. The proposed fill operation will include the deposition of approximately 800 cubic yards of clay/sand mix and 920 cubic yards of limestone, as foundation for the proposed road. Said project is located in Section 12, Township 9 South, Range 11 West, off of Joel Road, approximately 6.5 miles northwesterly from Sulphur, Louisiana, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

* * * * * * * * * * * *

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Palermo Properties, L.L.C. to clear, grade and deposit fill for the construction of a residential subdivision. Preliminary determinations have shown that approximately 3.00 acres of jurisdictional wetlands will be impacted from the proposed subdivision. The activity will be located within an area about 1,188 feet long and 200 feet wide, approximately parallel to LA Hwy 90. The fill operation will include the deposition of approximately 4,235 cubic yards of native earthen material and 905 cubic yards of hauled in clay and aggregate. Said project is located in Calcasieu Parish, Section 33, Township 9 South, Range 10 West, located at the intersection of LA Hwy 90 and Kim Street, approximately 1.50 miles easterly from Sulphur, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Palermo Properties, L.L.C. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Sulphur.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby indicate no objection to the proposal of Palermo Properties, L.L.C. to clear, grade and deposit fill for the construction of a residential subdivision. Preliminary determinations have shown that approximately 3.00 acres of jurisdictional wetlands will be impacted from the proposed subdivision. The activity will be located within an area about 1,188 feet long and 200 feet wide, approximately parallel to LA Hwy 90. The fill operation will include the deposition of approximately 4,235 cubic yards of native earthen material and 905 cubic yards of hauled in clay and aggregate. Said project is located in Calcasieu Parish, Section 33, Township 9 South, Range 10 West, located at the intersection of LA Hwy 90 and Kim Street, approximately 1.50 miles easterly from Sulphur, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

* * * * * * * * * * * *

RESOLUTION

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Scott Worley relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that it does hereby indicate no objection to the proposal of Scott Worley to install 411 feet of vinyl bulkhead inserted 10 feet below the surface of the river bottom. Approximately 1,000 cubic yards of imported stabilized fill material will be used as fill for the bulkhead and approximately 0.01 acres will be filled. Said project is located in Bayou Guy, Section 5, Township 11 South, Range 9 West, approximately 10.3 miles southwest of Lake Charles, Louisiana, in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

* * * * * * * * * * * *

Motion was made by Mrs. August, seconded by Dr. Mackey and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that it does hereby approve the submittal of two grant applications in the amount of $5,000.00 each by the Office of Juvenile Justice Services to the Calcasieu Parish Drug Fund Disbursement Board to fund intervention activities in an effort to prevent illegal drug use.

BE IT FURTHER RESOLVED that should residual funds become available, a grant adjustment can be filed to increase the grant award.

BE IT FURTHER RESOLVED that the President of the Police Jury, or her designee, when appropriate, is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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It was moved by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously that a Cooperative Endeavor Agreement be approved between the Police Jury and the District Attorney's Office wherein the Police Jury would provide funding in the amount of $1,000.00 to the District Attorney's Office IDFY Program for the costs related to a MADD traveling multimedia show, "Fake ID," presentation at the annual IDFY Conference on October 2, 2001, at the Lake Charles Civic Center.

Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that it does hereby approve an Amendment to the Joint Services Agreement between the Police Jury, the West Calcasieu Port, Harbor and Terminal District, the Industrial Development Board of the City of Sulphur, Louisiana, Inc., and the City of Sulphur providing for changes to quorum requirements for the West Calcasieu Airport Managing Board.

BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

* * * * * * * * * * * *

Motion was made by Mrs. August, seconded by Mr. Landry and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that it does hereby approve an agreement between the Police Jury and the Federal Emergency Management Agency (FEMA) wherein both parties agree to commit the appropriate human and available financial resources sufficient to coordinate for the production of an updated, digital flood map for the Calcasieu Parish Police Jury and the unincorporated areas.

BE IT FURTHER RESOLVED that the President of the Police Jury is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

* * * * * * * * * * * *

It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the following resolution be adopted:

RESOLUTION

WHEREAS, the Calcasieu Parish Planning and Zoning Board received comments from the public and took official action at its meeting on March 20, 2001, to deny a zoning request by Union Pacific Railroad to allow a rail yard (plastic storage-in-transit rail car facility) off of Racca Road in Ward Four of Calcasieu Parish; and

WHEREAS, the Calcasieu Parish Police Jury also received comments from the public and voted unanimously at its meeting on March 22, 2001, to uphold the recommendation of the Planning and Zoning Board and to deny the request of Union Pacific Railroad due to concerns regarding lighting, noise, drainage, the possibility of hazardous chemicals being stored at the proposed site, and devaluation of property values in the vicinity of the proposed rail yard; and

WHEREAS, concerns were also expressed at the March 22, 2001, meeting of the Police Jury that the proposed location was not a good one because of residential growth and because the only direction available to the City of Sulphur for future expansion was to the west which would include the property that Union Pacific Railroad was attempting to develop as a rail yard; and

WHEREAS, the Police Jury was advised that regardless of what action was taken on the rezoning application of Union Pacific Railroad, local zoning laws were pre-empted by federal law under the authority of the Surface Transportation Board (STB) which was enacted by Congress in 1995, and more particularly, that all local and state law, as it pertained to regulation of railroads and other forms of surface transportation, was in fact pre-empted by federal law; and

WHEREAS, a resolution was adopted by the Police Jury at its meeting on June 7, 2001, expressing objection to permit applications filed by Union Pacific Railroad with the U.S. Corps of Engineers and the Louisiana Department of Environmental Quality due to the fact that on March 22, 2001, the Calcasieu Parish Police Jury had refused to rezone the property for the proposed use, and further, because the Parish Engineer had advised of significant drainage problems in the area proposed to be developed which would be extensively worsened if appropriate measures were not taken to remediate and/or alleviate said drainage problems during the development of the property, since the property was proposed to be elevated to the grade of the existing rail line which would further aggravate an existing drainage problem within the area, and the property lying south of the rail line would be downstream of this runoff which was already in a designated flood plain according to FEMA.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that all of the foregoing introductory provisions are hereby made a part of this resolution, and the Police Jury does hereby express its support of the community's strong opposition to the location of a SIT (Storage In Transit) Yard by Union Pacific Railroad off of Highway 90 West in Ward Four of Calcasieu Parish.

BE IT FURTHER RESOLVED that copies of this resolution be forwarded to members of the Louisiana Congressional Delegation and Mr. Richard "Dick" Davidson, Chief Executive Officer with Union Pacific Railroad.

THUS DONE AND PASSED by a unanimous vote on the date above inscribed.

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President Griffin advised that the next item of business was consideration of approving an ordinance declaring the need for the Police Jury to reapportion its election districts, in accordance with applicable federal and state laws, based on population data from the 2000 Census. Mr. McMurry referred to an attachment to the agenda which gave a breakdown of the populations contained in the current districts and the percentage of deviation from ideal district size. He explained that for reapportionment purposes, a total of 12,238 persons per district was considered ideal, and that there was a wide range of disparity between the ideal size and the vast majority of the current districts, with only two out of fifteen being within 5% of the ideal range.

Mr. McMurry pointed out that the size of the current districts ranged from 38.5% above ideal to 21.9% below ideal size and that under federal and state laws governing redistricting, the Police Jury would have to adopt an ordinance declaring its need to reapportion, and then the reapportionment process would unfold after that was done.

Mr. McMurry stated that one other item that had come to the staff's attention and which was not on the agenda was a request from the State for the Police Jury to go on record to amend the boundaries of eight existing voting precincts, the boundaries of which did not coincide with the census block tracts as drawn by the U. S. Census Bureau. Mr. McMurry explained that this had been caused by an error on the part of the Census Bureau, but it was generally felt that it would be easier and/or simpler for the Police Jury to change its boundaries than it would for the Census Bureau to change theirs, and further, that these eight precincts were located in obscure areas of the Parish and would not affect populations in any precincts.

Mr. Kleckley stated that he did not think his comments would have anything to do with what Mr. McMurry had just said but that he would be interested in seeing the staff and Police Jury look at what it would take to downsize the number of the members on the Jury. He further stated that while Calcasieu was a large parish, there were other parishes the same size with a similar amount of unincorporated area that did not have as many jurors as Calcasieu. Mr. Kleckley also stated that he would be interested in seeing what kind of cost savings a downsize in membership would yield, and he would want to maintain the same minority representation as the Jury currently had.

Motion was made by Dr. Mackey, seconded by Mr. Clement and carried unanimously that the following ordinances be adopted:

ORDINANCE NO. 4310

AN ORDINANCE declaring the need for the Police Jury to reapportion its election districts, in accordance with applicable federal and state laws, based on population data from the 2000 Census.

WHEREAS, the 2000 decennial census indicates a number of population shifts within Calcasieu Parish, Louisiana, which causes substantial variation in representation of the current Police Juror Single Member Districts; and

WHEREAS, the Calcasieu Parish Police Jury has found the current election districts to be malapportioned in light of criteria established under applicable federal and state laws.

NOW, THEREFORE, BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that in accordance with data provided by the United States Census Bureau for the 2000 decennial census, it is hereby declared that there is a need for the Calcasieu Parish Police Jury to reapportion its election districts.

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ORDINANCE NO. 4310-A

AN ORDINANCE conforming the boundaries of eight (8) existing voting precincts to the boundaries used by the United States Bureau of the Census during the 2000 decennial census in the establishment of census blocks.

WHEREAS, the Calcasieu Parish Police Jury, by virtue of Ordinance No. 4054 which was adopted on December 17, 1998, established visible boundaries for all precincts in Calcasieu Parish, Louisiana, in accordance with Act 1420 of the 1997 Regular Session of the Louisiana Legislature; and

WHEREAS, Act 1420 required that parishes move all non-visible precinct boundaries to visible features as defined by the United States Bureau of the Census in order to enable the United States Bureau of the Census to provide Census 2000 population counts on a precinct-by-precinct basis for the State Legislature and local governments to use for reapportionment purposes following Census 2000; and

WHEREAS, during Census 2000 the United States Bureau of the Census inadvertently drew up census block lines which did not coincide with eight (8) existing voting precincts in Calcasieu Parish; and

WHEREAS, the State of Louisiana Department of Elections has requested that the Police Jury conform the boundaries of these eight (8) voting precincts to the boundaries used by the United States Bureau of the Census during the 2000 decennial census in the establishment of census blocks; and

WHEREAS, these eight (8) voting precincts are located in rather obscure areas of the Parish, so a change in the boundaries thereof would not materially affect voting populations in any of said precincts.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6^th day of September, 2001, that it does hereby conform the boundaries of eight (8) voting precincts to the boundaries used by the United States Bureau of the Census during the 2000 decennial census in the establishment of census blocks.

BE IT FURTHER ORDAINED that the following precincts by number and boundary in Calcasieu Parish, Louisiana, are hereby altered as follows, and such alterations shall become effective September 6, 2001:

PRECINCT 400

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of Live Oak Street and the Brimstone pipeline right-of-way;

THENCE east along the centerline of the Brimstone Pipeline right-of-way to its intersection with the centerline of Louisiana Highway 27 (new 4-lane);

THENCE North along the centerline of Louisiana Highway 27 to its intersection with the centerline of the Sabine River Authority Diversion Canal;

THENCE westerly along the centerline of the Sabine River Authority Diversion Canal to its intersection with the centerline of North Claiborne Street;

THENCE south along the centerline of North Claiborne Street to its intersection with the centerline of the Brimstone Pipeline right-of-way;

THENCE west along the centerline Brimstone Pipeline right-of-way to its intersection with the centerline of the Sabine River Authority Diversion Canal;

THENCE south along the centerline of the Sabine River Authority Diversion Canal to its intersection with the centerline of the Southern Pacific Railroad;

THENCE east along the centerline of the Southern Pacific Railroad to its intersection with the centerline of North Huntington Street;

THENCE north along the centerline of North Huntington Street to its intersection of the centerline of Leora Street;

THENCE east along the centerline of Leora Street to its intersection with the centerline of Live Oak Street;

THENCE north along the centerline of Live Oak Street to its intersection with the centerline of the Brimstone Pipeline right-of-way, being the point of beginning.

PRECINCT 461

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of the centerlines of the Houston River and Louisiana Highway 27:

THENCE southerly along the centerline of Louisiana Highway 27 to its intersection of the centerline of Brimstone Pipeline right-of way;

THENCE east along the centerline of the Brimstone Pipeline right-of-way (1865 feet more or less) to its intersection with the centerline of an existing drainage ditch;

THENCE southerly along the centerline of the existing drainage ditch to its intersection with the centerline of East Burton Street (Old Spanish Trail);

THENCE east along the centerline of East Burton Street (Old Spanish Trail) to its intersection with the centerline of Moss Road;

THENCE south along the centerline and an extension of the centerline (180 feet more or less) of Moss Road to its intersection with the centerline of the Southern Pacific Railroad;

THENCE east along the centerline of the Southern Pacific Railroad to its intersection with the centerline of the Kansas City Southern Railroad;

THENCE northwesterly along the centerline of the Kansas City Southern Railroad to its intersection with the centerline of Houston River Road (Louisiana Highway 379);

THENCE northwesterly along the centerline of Houston River Road (Louisiana Highway 379) to its intersection with the centerline of Anthony Ferry Road;

THENCE northerly along the centerline of Anthony Ferry Road to its intersection the centerline of Houston River;

THENCE westerly upstream along the centerline of Houston River to its intersection with the centerline of Louisiana Highway 27, being the point of beginning.

PRECINCT 365

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of the centerline of the Calcasieu River and Pipeline Creek;

THENCE southerly downstream along the natural centerline of the Calcasieu River to its intersection with the Calcasieu-Cameron Parish Line on the south line of Section 32, Township 11 South, Range 9 West;

THENCE east along the Calcasieu-Cameron Parish Line to its intersection with the centerline of the Intracoastal Canal in Section 35, Township 11 South, Range 9 West;

THENCE northwesterly along the centerline of the Intracoastal Canal to its intersection with the centerline of Black Bayou;

THENCE northerly along the centerline of Black Bayou to its intersection with the centerline of Coulee Hippolyte;

THENCE northerly along the centerline of Coulee Hippolyte to its intersection with the centerline of Gulf Highway (Louisiana Highway 385) being 500 feet, more less, south of the centerline of West Lincoln Road;

THENCE north along the centerline of Gulf Highway (Louisiana Highway 385) to its intersection with the centerline of West Lincoln Road;

THENCE westerly along the centerline of West Lincoln Road to its intersection with the centerline of Appaloosa Drive;

THENCE west and north along the centerline of Appaloosa Drive to its intersection with the centerline of West Lincoln Road;

THENCE west along the centerline of West Lincoln Road to its intersection with the centerline of Elliott Road;

THENCE north along the centerline of Elliott Road to its intersection with the centerline of West Gauthier Road;

THENCE west along the centerline of West Gauthier Road to its intersection with the centerline of Big Lake Highway (Louisiana Highway 384);

THENCE north along the centerline of Big Lake Highway (Louisiana Highway 384) to its intersection with the centerline of Pipeline Creek;

THENCE westerly along the centerline of Pipeline Creek to its intersection with the natural centerline of the Calcasieu River, being the point of beginning.

PRECINCT 369

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of the centerlines of Lake Street and West Lincoln Road;

THENCE north along the centerline of Lake Street to its intersection with the centerline of the right of way of an existing Bridgeline pipeline;

THENCE east along the centerline of the right of way of an existing Bridgeline pipeline to its intersection with the centerline of Leger Road;

THENCE north and east along the centerline of Leger Road to its intersection with the centerline of Common Street (Louisiana Highway 385);

THENCE south along the centerline of Common Street (Louisiana Highway 385) to its intersection with the centerline of Link Road;

THENCE east along the centerline of Link Road to its intersection with the centerline of an existing Entergy power transmission line;

THENCE north along the centerline of the existing Entergy power transmission line 3715 feet, more or less, to its intersection with an existing drainage ditch;

THENCE east along the centerline of the existing drainage ditch 2,720 feet, more or less, to its intersection with the centerline of Sonnier Road;

Thence south along the centerline of Sonnier Road to its intersection with Southpark Road;

THENCE south along the centerline of Southpark Road to its intersection with the centerline of East Gauthier Road (Louisiana Highway 3092);

THENCE west along the centerline of East Gauthier Road (Louisiana Highway 3092) to its intersection with the centerline of Gulf Highway (Louisiana Highway 385);

THENCE south along the centerline of Gulf Highway (Louisiana Highway 385) to its intersection with the centerline of West Lincoln Road;

THENCE westerly along the centerline of West Lincoln Road to its intersection with the centerline of Appaloosa Drive;

THENCE west and north along the centerline of Appaloosa Drive to its intersection with the centerline of West Lincoln Road;

THENCE west along the centerline of West Lincoln Road to its intersection with the centerline of Lake Street; being the point of beginning.

PRECINCT 165

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of the centerlines of Sistrunk Street and Park Road;

THENCE north along the centerline of Park Road to its intersection with the centerline of the Waynewood Drive;

THENCE east along the centerline of Waynewood Drive to its intersection with the centerline of the Belfield Road;

THENCE north along the centerline of Belfield Road to its intersection with the centerline of the Gateway Drive;

THENCE east along the centerline of Gateway Drive to its intersection with the centerline of the U.S. Highway 171;

THENCE southerly along the centerline of U.S. Highway 171 to its intersection with the centerline of the Calcasieu Avenue;

THENCE west along the centerline of Calcasieu Avenue to its intersection with the centerline of the centerline of the Old U.S. Highway 171;

THENCE southerly along the centerline of the Old U.S. Highway 171 to its intersection with the centerline of the Parish Road;

THENCE southerly along the centerline of Parish Road to its intersection with the centerline of the Louisiana Highway 378;

THENCE west along the centerline of Louisiana Highway 378 to its intersection with the centerline of the Park Road;

THENCE north along the centerline of Park Road to its intersection with the centerline of the Sistrunk Road, being the point of beginning.

PRECINCT 166

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of the centerlines of U.S. Highway 171 and an existing electrical power transmission line in Section 29, Township 8 South, Range 8 West;

THENCE southerly along the centerline of U.S. Highway 171 to its intersection with the centerline of the Calcasieu Avenue;

THENCE west along the centerline of Calcasieu Avenue to its intersection with the centerline of the Old U.S. Highway 171;

THENCE southerly along the centerline of Old U.S. Highway 171 to its intersection with the centerline of the Parish Road;

THENCE southerly along the centerline of Parish Road to its intersection with the centerline of the Louisiana Highway 378;

THENCE east along the centerline of Louisiana Highway 378 to its intersection with the centerline of the U.S. Highway 171;

THENCE southerly along the centerline of U.S. Highway 171 to its intersection with the centerline of the Calcasieu River;

THENCE upstream northeasterly along the centerline of the Calcasieu River to its intersection with an extension south (150 feet more or less) of the centerline of the Goos Ferry Road;

THENCE northerly along the extension south of the centerline of Goos Ferry Road and the centerline of Goos Ferry Road to its intersection with the centerline of the Goos Road;

THENCE west along the centerline of Goos Road to its intersection with the centerline of the Paul Bellon Road;

THENCE north along the centerline of Paul Bellon Road to its intersection with the centerline of the existing electrical power transmission line in Section 27, Township 8 South, Range 8 West;

THENCE west along the centerline of the existing electrical power transmission line to its intersection with the centerline of the U.S. Highway 171, being the point of beginning;

PRECINCT 601

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the intersection of the centerlines of Holbrook Street (Louisiana Highway 389) and Perkins Street;

THENCE south along the centerline of Perkins Street to its intersection with the centerline of the Louisiana Highway 12 (Fourth Street);

THENCE easterly along the centerline of Louisiana Highway 12 to its intersection with the centerline of the Buxton Creek;

THENCE north along the centerline of Buxton Creek to its intersection with the extension south of the centerline of the Kelly Street;

THENCE north along the extension of the centerline of Kelly Street (225 feet more or less) to its intersection with the centerline of the Kelly Street;

THENCE west along the centerline of Kelly Street to its intersection with the centerline of the Louisiana Highway 27 (Page Street);

THENCE south along the centerline of Louisiana Highway 27 (Page Street, 935 feet more or less) to its intersection with the centerline of Buxton Creek;

THENCE west along the centerline of Buxton Creek to its intersection with the centerline of an existing drainage ditch;

THENCE west along the centerline of the existing drainage ditch to its intersection with the centerline of the Kansas City Southern Railroad line;

THENCE north along the centerline of the Kansas City Southern Railroad line, 1040 feet more or less to its intersection with the extension of the centerline of the Holbrook Street (Louisiana Highway 389);

THENCE west along the extension of the centerline and the centerline of Holbrook Street (Louisiana Highway 389) to its intersection with the centerline of the Perkins Street, being the point of beginning.

PRECINCT 660

BOUNDARIES OF WHICH SHALL BE DESIGNATED AS:

Beginning at the Northwest corner of Section 3, Township 7 South, Range 11 West, said point being on the Calcasieu Parish Beauregard Parish Line;

THENCE south along the Calcasieu Parish Beauregard Parish Line to its intersection with the centerline of the Louisiana Highway 12 on the west line of Section 27, Township 7 South, Range 11 West;

THENCE northeasterly along the centerline of Louisiana Highway 12 to its intersection with the centerline of E. Airport Road (as shown on the 1995 BBSP Verification Map, Sheet 3 County (019), State (22);

THENCE northwesterly along the centerline of E. Airport Road (as shown on the 1995 BBSP Verification Map, Sheet 3 County (019), State (22) to its intersection with the centerline of the Cowards Gully Road;

THENCE north along the of Cowards Gully Road to its intersection with the centerline of the Temple Lane (formerly City Dump Road of Trash Pile Road);

THENCE east along the centerline of Temple Lane to its intersection with the centerline of the Boise Street;

THENCE north along the centerline of Boise Street to its intersection with the centerline of Louisiana Highway 389;

THENCE east along the centerline Louisiana Highway 389 to its intersection with the centerline of Bill Phillips Road;

THENCE east along an extension the centerline of Louisiana Highway 389 to its intersection with the Kansas City Southern Railroad line;

THENCE southerly along the centerline of the Kansas City Southern Railroad line to its intersection with an existing drainage ditch;

THENCE east along the centerline of the drainage ditch to its intersection with the centerline of Buxton Creek;

THENCE east along the centerline of Buxton Creek to its intersection with the centerline of Louisiana Highway 27 (Page Street);

THENCE north along the centerline of Louisiana Highway 27 (Page Street) to its intersection of Kelly Street;

THENCE east along the centerline of Kelly Street to its intersection with the centerline of Buxton Creek;

THENCE southerly along the centerline of Buxton Creek to its intersection with the centerline of Louisiana Highway 12;

THENCE easterly along the centerline of Louisiana Highway 12 to its intersection with Calcasieu Parish - Beauregard Parish Line, said point being on the east line of Section 16, Township 7 South, Range 10 West;

THENCE north along the Calcasieu Parish - Beauregard Parish Line, being on the east line of Section 16, 9 and 4 Township 7 South, Range 10 West to the northeast corner of Section 4, Township 7 South, Range 10 South;

THENCE west along the Calcasieu Parish - Beauregard Parish Line, being the north line of Section 4, 5 and 6 Township 7 South, Range 10 West and the north lines of Sections 1, 2, and 3 of Township 7 South, Range 11 West to the northwest corner of Section 3, Township 7 South, Range 10 South, being the point of beginning.

BE IT FURTHER ORDAINED that the boundaries of all other voting precincts established by virtue of Ordinance No. 4054 which was adopted by the Calcasieu Parish Police Jury on December 17, 1998, shall remain intact as previously delineated in Ordinance No. 4054.

BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.

THUS PASSED, ADOPTED, AND APPROVED by a unanimous vote of the Calcasieu Parish Police Jury on this, the 6^th day of September, 2001.

/s/ Elizabeth Conway Griffin, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary

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President Griffin advised that the next item of business was consideration of adopting a resolution urging the Gaming Control Board to restrict any license said Board would issue to Boyd Racing, L.L.C. concerning slot machine gaming at Delta Downs to 500 slot machines and to a gaming facility no larger than 27,500 square feet with 15,000 square feet of gaming area.

Mr. Derbonne stated that last week's discussion of this item at the Agenda Committee meeting had generated a lot of concern and media coverage and while he was a businessman and believed in free enterprise, he was also concerned about the voters. Mr. Derbonne stated that he was concerned that the voters might have been misled with the figures relating to the number of slot machines which had been printed in the media when the election was held in 1999. He asked that the staff distribute copies of the proposed resolution being considered on this date, pointing out that said resolution did not attempt to tell the Louisiana Gaming Control Board what to do with reference to issuance of a license to Boyd Racing, L.L.C., but instead attempted to relay pertinent information to the Board.

Motion was then made by Mr. Derbonne and seconded by Mr. Kleckley that a resolution be adopted acknowledging the sole authority of the Gaming Control Board to consider the issuance of a license regulating slot machine gaming at Delta Downs, and providing information to the Gaming Control Board relative to concerns in the community about representations made by the principals of Delta Downs prior to the referendum as to the number of slot machines to be operated at said facility.

President Griffin asked that since there were so many requests to appear before the Police Jury with reference to this matter, that the proponents and the opponents each select a spokesperson. She advised that each side would have fifteen minutes to make their comments.

Mayor Dudley Dixon, 1311 Dewey Street, Westlake, appeared on behalf of the City of Westlake and stated that he was in favor of adopting the resolution because of the existing gaming industry in his city. Mayor Dixon stated that while he hated to take a stand against a colleague of his, newly-elected Mayor David Riggins of the Town of Vinton, he felt everyone should be working together to make Southwest Louisiana the best it could be and to make sure gaming was fair to everybody.

Mayor Dixon stated that he did support the race track but that a race track casino was something different. He further stated that 500 slot machines would work well until such time as the Legislature could put things on a level playing field and allow all gaming to be land-based instead of river-based in order to provide competition. Mayor Dixon reiterated his support of the resolution and hoped the Police Jury would adopt it.

Mr. Roger Deaton, 1641 Popps Ferry Road, Biloxi, Mississippi, appeared before the Police on behalf of the Isle of Capri and stated that during the election in 1999 to allow slot machines at Delta Downs, the Isle of Capri had been against the proposition. Mr. Deaton also stated that the voters had voted on 500 machines, and he asked the Police Jury to uphold the integrity of the election.

Mr. John Payne, 4110 Beau Chene Drive, Lake Charles, appeared before the Police Jury representing Harrah's Casino and advised that his company had acquired Players Casino in March of 2001 and that at that time, the election for 500 slot machines at the track had already taken place. Mr. Payne stated that while his company had remained neutral, their concern was that a land-based casino would be established to the west of them, if the request for 1750 machines was granted, in addition to the land-based casino which already existed to the east (Grand Casino Coushatta in Kinder).

State Representative Ronnie Johns, 3701 Maplewood Drive, Sulphur, appeared before the Police Jury and advised that he had been involved in the original legislation allowing an election for slot machines at the track. He agreed with Mayor Dixon's earlier comments and stated that the only way to accomplish anything was by working together. Representative Johns stated that he had also fought hard for the riverboats and supported them 100%, pointing out that in the past legislative session, he had authored the legislation allowing river boats to remain dockside. Representative Johns also agreed with Mayor Dixon's comments that a fair playing field should be created for everybody in the gaming industry.

He advised that the original legislation specified 15,000 square feet of gaming area for slot machines at a live horse racing facility. Representative Johns disagreed with the media's use of the word "deception" because he felt that for someone to be deceived, someone had to take information and use it falsely or perhaps lie about it.

Representative Johns stated that at the time of the referendum (in 1999), the State Police of the Gaming Division had indicated to him and all parties involved that the number of slot machines would be between 500 and 750, a fact which he said he confirmed with the Gaming Division, and that at the time of the referendum, the State's interpretation of the ruling was that a 15,000 square-foot building could handle 750 machines, taking into account counting rooms, aisle space, etc. He further stated that it had only been less than one year ago, in December of 2000, that the Gaming Board which had sole authority in this matter, clarified the definition of gaming space and that definition would allow approximately 1,700 machines in the 15,000 square feet of gaming space. Representative Johns explained that at the time of the referendum, that interpretation was not something concocted by him or the horsemen or Delta Downs, but rather those numbers had come from the Gaming Commission. He also pointed out that an article in 1997 in the "Lake Charles American Press" had mentioned 700 - 800 machines.

Representative Johns reminded everyone that in 1997 a referendum had been held on whether river boats would remain in the Parish, and he was glad that had passed. He also stated that river boats in the past had been mandated to sail out into the lake and that today they were not. He asked if that constituted a rule change and whether a new referendum should be held. Representative Johns stated that the Gaming Board and the Legislature had a tendency to change the rules and that since 1992 when river boats were originally licensed, the rules had changed significantly on how their gaming area was determined, making it much more lenient than in 1992.

He stated that at last week's Agenda Committee meeting, the issue of Pinnacle and concern over the issuance of the 15^th available riverboat license was discussed but that he had talked to representatives of Pinnacle numerous times this past week, and he had the liberty of telling the Police Jury that (1) Pinnacle was not opposed to the Delta Downs' project, and (2) it would not affect their application for the 15^th license, which he (Representative Johns) said he hoped they were granted.

Representative Johns stated that holding a new referendum was not allowed under the current law and that it would take a legislative act to change said law which could only occur in the year 2003. He further stated that the legislation which he had authored, and which had been co-authored by every member of the Southwest Louisiana delegation, contained a requirement that 80% of the employees at Delta Downs must be Louisiana residents.

Representative Johns stated that in closing, he would like to share some figures with the Police Jury and pointed out that he had not supported this issue from day one because he wanted to support the slot machines but that he had done it for one reason only, and that was the horse racing industry.

He advised that in 1992 when the river boats came to the Parish, Delta Downs was averaging about 3500 patrons a day and that in 1997 when the first referendum was held to allow slot machines at the track, that number was down to about 375 per day, because of competition from the river boats. Representative Johns stated that he had visited with the Mayor of Sioux City, Iowa, who had gone through much the same scenario and that the electorate there had approved slot machines at their track, and it had been their salvation. He also stated that if each slot machine earned $200 per day in winnings and Delta Downs was limited to 500 machines, it would mean a revenue of $1.4 million to the Parish as opposed to almost $5 million if there were 1700 machines. Representative Johns further stated that the difference to the School Board would be approximately $700,000 per year but that the real "kicker" was the difference in purse supplements (15% off the top to the horse racing industry) would be over $13 million per year ($5 million with 500 slot machines versus $18 million with 1700 machines). He pointed out that these revenues were not money going out of the State or to Las Vegas but would be staying in Louisiana and that was why he had supported the legislation and why the voters had voted to allow slot machines at the track.

Representative Johns stated that the ballot had simply asked for a "yes" or "no" vote on whether slot machine gaming would be allowed and never specified a number of machines to be allowed. He advised that he had received only one call this past week from a constituent concerned about the news coverage and when the situation was explained to him, the person had a much different interpretation. Representative Johns stated that he wished the media would print the figures he had outlined and that they would advise the public that the State Police had set the parameters, not the legislators or Delta Downs.

A round of applause was given to Representative Johns for his comments.

The hour being 6:00 p.m., President Griffin advised that discussion on this matter would resume following a public hearing which would need to be held at this time, as a result of notice provided to the owners of the properties described below, in accordance with Article II - Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties should not be condemned:

•117 Balboa Street, Lake Charles (Lot 25 Block 1 of Vista Subdivision, Ward Three, Calcasieu Parish, Louisiana) (one manufactured home). Owner: John Alexander, 117 Balboa Street, Lake Charles, LA 70601. TA # 00096776. (Police Jury District 2)

•4012 E. Burton Street, Sulphur (Lot 6, Block 5 of Greenbriar Subdivision, Ward Four, Calcasieu Parish, Louisiana) (one house). Owner: Lillie B. Verdine, c/o Waylon Braxton, 4330 E. Burton, Sulphur, LA 70663. TA # 00182990 (Police Jury District 15)

•4013 Moss Avenue, Sulphur (Lot 13, Block 5 of Greenbriar Subdivision, Ward Four, Calcasieu Parish, Louisiana) (one house). Owner: Larry Gauthia et ux, 4013 Moss Avenue, Sulphur, LA 70663-2031. TA # 00932663 (Police Jury District 15)

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With reference to the first piece of property located at 117 Balboa Street, Lake Charles, Mr. Wes Crain, Assistant Director of Planning and Development, recommended that the manufactured home be condemned and removed within 30 days.

President Griffin asked if anyone was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Andrepont, seconded by Mr. Kleckley and carried unanimously that the following ordinance be adopted:

ORDINANCE NO. 4305

AN ORDINANCE ordering demolition of one manufactured home on property located at 117 Balboa Street (Lot 25 Block 1 of Vista Subdivision), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by John Alexander.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the manufactured home on property located at 117 Balboa Street, (Lot 25 Block 1 of Vista Subdivision), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by John Alexander, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 6^th day of September, 2001, and is final unless appealed within five (5) days.

SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.

SECTION 5. This ordinance shall become effective immediately.

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Elizabeth Conway Griffin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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With reference to the second piece of property located 4012 East Burton Street, Sulphur, Mr. Crain recommended that the house be condemned and removed within 60 days.

President Griffin asked if anyone was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. August and carried unanimously that the following ordinance be adopted:

ORDINANCE NO. 4306

AN ORDINANCE ordering demolition of one house on property located at 4012 E. Burton Street (Lot 6, Block 5 of Greenbriar Subdivision), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Lillie B. Verdine, c/o Waylon Braxton.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 4012 E. Burton Street (Lot 6, Block 5 of Greenbriar Subdivision), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Lillie B. Verdine, c/o Waylon Braxton, be demolished and removed within sixty (60) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 6^th day of September, 2001, and is final unless appealed within five (5) days.

SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within sixty (60) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.

SECTION 5. This ordinance shall become effective immediately.

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Elizabeth Conway Griffin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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With reference to the third piece of property located at 4013 Moss Avenue, Sulphur, Mr. Crain recommended that the house be condemned and removed within 30 days.

President Griffin asked if anyone was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously that the following ordinance be adopted:

ORDINANCE NO. 4307

AN ORDINANCE ordering demolition of one house on property located at 4013 Moss Avenue (Lot 13, Block 5 of Greenbriar Subdivision), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Larry Gauthia et ux.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 6^th day of September, 2001, that:

SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, and it is hereby ordered that the house on property located at 4013 Moss Avenue (Lot 13, Block 5 of Greenbriar Subdivision), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Larry Gauthia et ux, be demolished and removed within thirty (30) days from the date of this ordinance. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 6^th day of September, 2001, and is final unless appealed within five (5) days.

SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed within thirty (30) days from the date of this order, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.

SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.

SECTION 5. This ordinance shall become effective immediately.

THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.

/s/ Elizabeth Conway Griffin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

* * * * * * * * * * * *

President Griffin advised that discussion would resume on the matter before the Police Jury prior to the public hearing. Mayor David Riggins of the Town of Vinton, 1200 Horridge Street, Vinton, appeared before the Police Jury in support of the efforts of Delta Downs and pointed out that when the vote was passed, it had not been on a specific number of machines, but instead was just a "yes" or "no" vote on whether to allow slot machines at the track.

Mr. Keith Smith, 2950 South Industrial Road, Las Vegas, Nevada, appeared before the Police Jury on behalf of Boyd Gaming as Executive Vice-President of Operations of said company. He stated that when Boyd Gaming had announced plans to purchase Delta Downs in April, an open announcement was made for 1700 slot machines, and until the previous week when the jurors discussed the matter, no one had expressed any concern about that number. Mr. Smith further stated that concerns had been expressed about the lien holders, and Boyd Gaming had worked diligently to make sure those liens were satisfied.

Mr. Smith stated that a significant amount of capital had been invested by Boyd Gaming on a $35 million renovation project which included new offices, a 400-seat buffet, steak house, remodeling of snack bars, etc. He also stated that Delta Downs would employ approximately 1100 people and would provide $5 million in taxes to the Police Jury, $18 million in purse supplements, and almost $23 in State tax revenues. Mr. Smith spoke of the jobs and services connected with the horse racing industry which would be in jeopardy if the number of slot machines was reduced. He stated that the local gaming market had the capacity for growth and gave comparisons showing that the Lake Charles market was even more lucrative than the Shreveport market. Mr. Smith stated that a concern had been expressed that Delta Downs would stop customers from traveling into Lake Charles to gamble, but he pointed out that Grand Casino Coushatta in Kinder had not stopped them. Mr. Smith concluded by saying that the development and renovations at Delta Downs had been done under current rules and regulations.

Mr. Jack Hebert, address not given, appeared before the Police Jury representing the horsemen who he said actually passed the referendum, not Shawn Scott (former owner of Delta Downs prior to Boyd Gaming). Mr. Hebert stated that feed store owners, veterinarians, and other everyday working people had supported the proposition for slot machines because they had wanted to see competition and wanted to save the horse racing industry. He also stated that competition was needed and that while he was for the riverboats, the money generated at Delta Downs would not be sent out of state. Mr. Hebert stated that he did not feel the people who voted in the election had been deceived.

Mr. Payton Covington, 615 Clarence Street, Lake Charles, appeared before the Police Jury representing the Louisiana Racing Commission and stated that the horse racing industry needed help, pointing out that at one time, it was the third largest industry in the State. Mr. Covington also stated that slot machines had done wonders for the horse racing business all over the nation.

Mr. Clement stated that he could not support the motion on the floor (that a resolution be adopted acknowledging the sole authority of the Gaming Control Board to consider the issuance of a license regulating slot machine gaming at Delta Downs, and providing information to the Gaming Control Board relative to concerns in the community about representations made by the principals of Delta Downs prior to the referendum as to the number of slot machines to be operated at said facility). He further stated that the voters had approved slot machines at Delta Downs and did not vote on a specific number of machines. Mr. Clement questioned where the line would be drawn insofar as interpreting voter intent and knowledge prior to casting their vote, and he did not feel the Police Jury belonged in the middle of this particular argument. He stated that the Police Jury needed to move on in the interest of regional economic development. Mr. Clement further stated that he regretted the path the Police Jury had taken on this issue and that it had generated more publicity than it was worth.

Mrs. Treme stated that the Police Jury did not have any say about what was going to happen insofar as the number of machines to be allowed and that this would be determined by the State Gaming Control Board and existing laws. She pointed out that the rules had changed after the referendum and that Delta Downs had no knowledge that this would happen; therefore, she felt no one had been deceived because the rules and regulations in existence at the time of the referendum were followed.

Mrs. Treme expressed her concerns that in adopting the resolution on the floor, the Police Jury would be sending a "skewed" message to the Gaming Control Board that might make the members of said board feel that Calcasieu Parish might not be a suitable gaming area because of dissension in the area, particularly as it made its decision on the 15^th riverboat license and the application for same by Pinnacle.

Mr. Landry agreed with the comments made by Mr. Clement and by Mrs. Treme, adding that he felt the Police Jury was trying to get inside the minds of the voters in assuming that the only reason they voted "yes" was because they knew there was going to be 500 slot machines. Mr. Landry advised that he had received a lot of phone calls during the past week relative to this issue, and he had asked each person if the number of machines had influenced the way in which they had voted, and none of them had indicated that this had any bearing on their vote.

Mr. McMillin extended a welcome to Boyd Gaming and stated that he felt the company would be a good corporate neighbor. He also stated that he had not known anything about 1700 machines until the past week and pointed out that the lines of communication were open with the Police Jury. Mr. McMillin also stated that his constituents felt they were told 500 machines, and he did not think the resolution on the floor was an attempt to tell the members of the Gaming Control Board how to vote but was instead an opportunity to provide information to the board relative to what the jurors had recently been informed. Mr. McMillin concluded his comments by saying that he wanted the horsemen to know that he did stand by them and he did support horse racing and that he hoped Boyd Gaming had a successful longevity with the Parish.

A vote was then taken on the motion on the floor, and the vote thereon was as follows:

YEAS: Mrs. August, Mr. Breaux, Mr. Collins, Mr. Derbonne, Mr. Kleckley, Dr. Mackey, Mr. McMillin, and Mr. Moon

NAYS: Mr. Andrepont, Mr. Clement, Mr. Danahay, Mr. Landry, Mr. Manuel, and Mrs. Treme

ABSENT: None

NOT VOTING: President Griffin

The vote being eight (in favor) to six (against), President Griffin declared the motion as having carried; whereupon, the following resolution was adopted: (Mr. Andrepont and Mr. Clement asked that the vote of the Police Jury be reflected in the body of the resolution.)

RESOLUTION

A RESOLUTION by the Police Jury of the Parish of Calcasieu acknowledging the sole authority of the Gaming Control Board to consider the issuance of a license regulating slot machine gaming at Delta Downs, and providing information to the Gaming Control Board relative to concerns in the community about representations made by the principals of Delta Downs prior to the referendum as to the number of slot machines to be operated at said facility

WHEREAS, through Act 721 of 1997 the Legislature of Louisiana (the "Legislature") added La. R.S. 27:351-393 to permit, among other things, the owners of certain "eligible facilities" to seek the approval of the voters in the parishes in which the "eligible facilities" exist to apply to the Gaming Control Board for licenses to conduct slot machine gaming at the "eligible facilities";

WHEREAS, the Legislature identified as an "eligible facility" a property in the Parish of Calcasieu "at which the Louisiana State Racing Commission . . . licensed the conduct . . . of not less than eighty days within a consecutive twenty-week period each year of live horse race meetings" that is the racetrack known as Delta Downs;

WHEREAS, in La. R.S. 27:381A the Legislature has directed that "no slot machine gaming shall be allowed in an eligible facility . . . unless the operation and the conduct of slot machine gaming pursuant to the Chapter has first been approved at an election held for such purpose," and further provided, in La. R.S. 27:381B, that the "person desiring to operate and conduct slot machine gaming at an eligible facility . . . shall make application to the governing authority in which the proposed slot machine gaming is to be conducted";

WHEREAS, in 1997 the owner of Delta Downs asked the Police Jury to hold a vote of the electorate of the Parish of Calcasieu to permit the owner of Delta Downs to seek from the Gaming Control Board a license to conduct slot machine gaming at Delta Downs;

WHEREAS, the Police Jury scheduled, on October 18, 1997, a referendum of the voters of the Parish of Calcasieu on the question of slot machine gaming at Delta Downs;

WHEREAS, on October 18, 1997, the voters in the Parish of Calcasieu rejected the proposition to permit the owner of Delta Downs to apply to the Gaming Control Board for a license to conduct slot machine gaming at Delta Downs;

WHEREAS, on August 20, 1999, Delta Downs Racing Association, Inc. requested the Police Jury to schedule a referendum of the voters in the Parish of Calcasieu to permit Delta Downs Racing Association, Inc. to apply to the Gaming Control Board for a license to conduct slot machine gaming at Delta Downs;

WHEREAS, as part of its application to the Police Jury, Delta Downs Racing Association, Inc. stated the following:

that the proposed slot machine gaming facilities will be located on the premises of Delta Downs, Inc. located at 2717 Highway 3063 in Vinton, Louisiana. The proposed slot machine gaming facilities will be located adjacent to and attached to the present Delta Downs facility, consisting of approximately twenty-seven thousand five hundred (27,500) square feet of which no more than fifteen thousand (15,000) square feet thereof shall be designated as slot machine gaming area.

WHEREAS, Delta Downs Racing Association, Inc., on August 23, 1999, supplemented its application to the Police Jury with a certified copy of a license "to conduct thoroughbred racing," and asked the Police Jury to set, on November 20, 1999, the referendum of the voters of the Parish of Calcasieu;

WHEREAS, on November 20, 1999, the voters of the Parish of Calcasieu, by a margin of 1,154 votes (1.3% of the votes cast), approved Delta Downs Racing Association, Inc. seeking from the Gaming Control Board a license to conduct slot machine gaming at Delta Downs;

WHEREAS, in May of 2001 Boyd Racing, LLC purchased the immovable property and the improvements thereon that is the location of Delta Downs;

WHEREAS, the Police Jury understands that Boyd Racing, LLC has submitted an application to the Gaming Control Board for a license to operate approximately 1700 slot machines at Delta Downs;

WHEREAS, the Police Jury acknowledges the sole authority granted under state law to the Gaming Control Board to act on an application for a license providing for the operation of slot machines at an eligible facility in the State of Louisiana;

WHEREAS, the Police Jury has complete and abiding confidence in the Gaming Control Board to consider all appropriate, pertinent, and material factors when acting on an application for a license providing for the operation of slot machines at an eligible facility in the State of Louisiana;

WHEREAS, since the increase in public awareness of the intent of Boyd Racing, LLC to operate approximately 1700 slot machines at Delta Downs, the Police Jury has received expressions of concern from some in the community that repeated representations by the then principals and representatives of Delta Downs prior to said election, that, in the event of passage of said referendum, between 500 and 800 slot machines would be operated at Delta Downs, could have had an effect on the results of the election due to the widespread dissemination of these representations;

NOW THEREFORE, BE IT RESOLVED that the Legislature charged the electorate in the parish that is the location of an "eligible facility" with the sole power to sanction slot machine gaming at the "eligible facility";

BE IT FURTHER RESOLVED that the Police Jury hereby goes on record as supporting the Horsemen's Benevolent and Protective Association and is not opposed to slot machine gaming at Delta Downs, per the affirmative vote of the electorate on November 20, 1999;

BE IT FURTHER RESOLVED that the Police Jury acknowledges the sole authority of the Gaming Control Board to determine the appropriate, pertinent, and material factors in the issuance of any license providing for the operation of slot machines at an eligible facility in the State of Louisiana and more particularly at Delta Downs in Calcasieu Parish;

BE IT FURTHER RESOLVED that the Police Jury, while acknowledging the sole authority of the Gaming Control Board, feels compelled to advise the Gaming Control Board that Boyd Racing, LLC's application for a license to operate at least 1700 slot machines at Delta Downs is perceived by some in the community as inconsistent and at odds with what the electorate in the Parish of Calcasieu desired and approved in the special election of November 20, 1999, with said perception being attributed to, and the possible result of, well-documented representations (samples of which are attached hereto and made a part hereof) by principals and supporters of Delta Downs that less than one-half of that amount of slot machines would actually be operated at the facility;

BE IT FURTHER RESOLVED that, although the Police Jury believes that the question of appropriateness, pertinence, or materiality of this perception or concern, is one that rests solely and completely with the Gaming Control Board, it also believes that the obligation to communicate to the Gaming Control Board this community concern is clearly within the purview and responsibility of the Police Jury;

BE IT FURTHER RESOLVED that the Police Jury respectfully requests that the Gaming Control board carefully and thoughtfully review this matter as the license application of Boyd Racing, LLC is considered and acted upon.

BE IT FURTHER, AND FINALLY RESOLVED tha