Lake
Charles, Louisiana
January
17, 2002
The
Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m.
on Thursday, January 17, 2002, in Courtroom A of the Calcasieu Parish
Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with The Honorable Enos
Derbonne, President, presiding, and the following members present:
Mesdames
Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs.
Francis Andrepont, Algie Breaux, Brent Clement, Calvin Collins, Mike Danahay,
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, Ms.
Kathy P. Criglow, Recording Secretary, Mr. Richard Gremillion, Director of
Emergency Preparedness, Ms. Cheryl Heisser, Director of Human Resources, Mr.
Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen
Smith, Legal Counsel, Mr. Gerry Trahan, Director of Facilities Management, and
Mr. Jim Vickers, Director of Planning and Development.
President
Derbonne called the meeting to order, and the invocation was pronounced by Mrs.
Griffin which was followed by the Pledge of Allegiance led by Mrs. Griffin. The
roll was called with the result being as outlined above.
President
Derbonne then gave a brief report relative to "2002 - The Year
Ahead". He advised that the 1992 sales tax in the amount of one and
one-half cents was up for renewal in the coming year and that the Police Jury
would need to consider a reconfiguration of this revenue source to meet several
high profile needs such as a well-planned road overlay program (to protect
hardsurfaced roads), a reduction in the amount of poorly treated sewerage in
roadside ditches, a master drainage study, etc.
President
Derbonne stated that also up for renewal in the coming year was the property
tax renewal for the Burton Coliseum and Agricultural Services. He pointed out
that a lot of people only think of rodeos when they think of the Coliseum, but
it was actually used by every high school for such events as graduations,
science fairs, etc.
President
Derbonne advised that another priority issue to be confronted was residential
sewerage discharge into parish ditches, and he explained that the Planning
Division had been working on this issue at great length and would present the
Police Jury with some options in the first quarter of 2002. President Derbonne
stated that he was hopeful that the policies, regulations and solutions
resulting from this process would go a long way toward addressing the problem.
President
Derbonne spoke of the two major recreational sites which would need to be
planned and developed, those being Prien Lake Park, including the property
acquired adjacent to it, as well as the boat launch on Port property on the
Industrial Canal. He also spoke of two aspects of emergency management which
would be a main focus in 2002 - the anticipated creation of a joint ambulance
ordinance between the Police Jury and the City of Lake Charles in order to
improve the current system which needed fixing, as well as the continued
analysis of the delivery of fire protection service in the Parish.
President
Derbonne stated that although he was discontinuing the Police Juror updates at
each meeting, he wanted his colleagues to feel free at any time to ask for a
point of personal privilege if there were important items to be mentioned.
Motion
was made by Mrs. Griffin, seconded by Mr. Clement and carried unanimously that
the following application for a liquor and beer permit be approved:
WARD IV
First
Louisiana Venture, Inc.
Faizullah
Abbasi - Pres.
QUICK CHECK #9
3440
Hwy. 27 South
Sulphur,
LA 70665 Liquor & Beer - Pkg. $ 75.00
(Brent
Clement's District)
TOTAL
REMITTANCE: $ 75.00
* * * * * * * * * * * *
It
was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously to
approve the minutes of the Regular Meeting of the Police Jury dated December
20, 2001, and the reading of same was dispensed with.
President
Derbonne advised that action was needed on Zoning Case RZ04-008-02 which was a
request by Curtis P. Cart to amend Ordinance No. 4253 to provide for a change
in the stipulations as follows: (3) to allow four single mailboxes; and (4)
consider adding calbase as a third option for all parking, on West Burton
Street in Ward Four, Police Jury District 13. President Derbonne further advised
that the Planning and Zoning Board had met on Tuesday, January 15, 2002, and
voted unanimously to recommend that the request be granted to amend the third
and fourth stipulations as follows: (3) to allow four single mailboxes; and (4)
that all parking must be hardsurfaced (calbase, concrete or asphalt) at the
manufactured home park within ninety (90) days of zoning approval. [On
March 22, 2001, the Police Jury approved a rezoning request (RZ04-008-01) from
A-1 (Agricultural) to R-MHP (Manufactured Home Park) to allow for a
manufactured home park (4 spaces) with the following stipulations: (1) that
manufactured homes must be skirted within 90 days of permit issuance; (2) that
the development adhere to the site plan on file with the Division of Planning and
Development; (3) that a centralized postal approved mailbox be provided; and
(4) that all parking must be hardsurfaced (concrete or asphalt).]
In
answer to a question by Mr. Landry, Mr. Vickers explained that this was a very
small mobile home park and that the developer had attempted to comply with
Stipulation No. (3) but that a centralized mailbox as small as would be needed
was not manufactured.
Mr.
Curtis Cart, 534 Kim Street, Sulphur, appeared before the Police Jury and
stated that he would answer any questions the jurors might have. Hearing none,
motion was made by Mrs. August, seconded by Mrs. Griffin and carried
unanimously to uphold the recommendation of the Planning and Zoning Board and
to grant the request relative to RZ04-008-02 to provide for a change in the
original stipulations; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4332
AN ORDINANCE amending Ordinance No.
4253, adopted by the Police Jury on March 22, 2001, (Zoning Case RZ04-008-01),
to amend Stipulation Nos. 3 and 4.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, convened in regular session on the 17th
day of January, 2002, that Ordinance No. 4253, adopted by the Police Jury on
March 22, 2001, (Zoning Case RZ04-008-01), is hereby amended to provide for an
amendment to Stipulation 3) to allow four single mailboxes; and to Stipulation
4) that all parking must be hardsurfaced (calbase, concrete or asphalt) at the
manufactured home park within ninety (90) days of zoning approval, on the
following property in Ward Four of this parish:
A
200 foot by 660 foot portion of a 9.015 acre tract described as: Commencing at
a point which is 460.0 feet W of the SE cor of S29, T9S, R10W, thence S 89
degs, 48' 30" W 200.0 feet, thence N 00 degs, 28', 24" W, 660.0 feet,
thence N 89 degrees, 48', 30" E 200.0 feet, thence S 00 degs, 28',
24" E, 660.0 feet to POC.
Zoning
Case RZ04-008-01
BE IT FURTHER ORDAINED that the above
described property is hereby classified and ratified as R-MHP (Manufactured
Home Park).
BE IT FURTHER ORDAINED that this
ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any
ordinance or parts of any ordinance in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY
on the date above inscribed.
/s/
Enos Derbonne, President
/s/
S. Mark McMurry, Administrator &
Ex-Officio
Secretary
* * * * * * * * * * * *
President
Derbonne advised that action was needed on Zoning Case RZ01-006-02 which was a
request by Randall Youngblood, Sr. to rezone from I-2 (Heavy Industrial) to A-1
(Agricultural) to allow residential development (manufactured home) at 3113
Highway 171 North in Ward One, Police Jury District 14. President Derbonne
further advised that the Planning and Zoning Board had met on Tuesday, January
15, 2002, and voted unanimously to recommend that the request be granted with
the following stipulations: (1) that the development adhere to the site plan on
file with the Division of Planning and Development; (2) that the manufactured
home be skirted within ninety (90) days of zoning approval; (3) that the
petitioner obtain approval from the Health Unit regarding the sewage treatment
system; and (4) that the petitioner obtain development permits within sixty
(60) days of zoning approval.
It
was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to
uphold the recommendation of the Planning and Zoning Board with respect to
RZ01-006-02 and to grant the request to rezone with the stipulations outlined
by said board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4333
AN ORDINANCE amending Chapter 26 -
Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana,
classifying the area: A request by Randall Youngblood, Sr. to rezone from I-2
(Heavy Industrial) to A-1 (Agricultural) to allow residential development
(manufactured home) on the property described as: Tract I: Com at a point 770
feet W and 693.4 ft N of the SE cor of the NE/4 of S20, T8S, R8W, Calcasieu
Parish, which point is on the W right-of-way line of U.S. Hwy. No. 171; thence
go W 783 ft; thence go N 370.6 ft; thence go E 780 ft; m/l to the W
right-of-way line of U.S. Hwy. No. 171; thence go S, along the W right-of-way
line of U.S. Hwy. No. 171, a distance of 357.4 ft, m/l, to the point of
commencement. Tract II: Com at a point 770 ft. W and 693.4 ft. N of the SE cor
of the NE/4 of S20, T8S, R8W, Calcasieu Parish, which point of commencement is
on the W right-of-way line of U.S. Hwy. No. 171; thence go W 783 ft; thence go
S 95 feet; thence go E 784.2 ft, m/l to the W right-of-way line of U.S. Hwy. No
171; thence go N, along the W right-of-way line of U.S. Hwy. No. 171, a
distance of 95 feet, m/l, to the point of commencement.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, convened in regular session on the 17th
day of January, 2002, that Chapter 26 - Zoning, of the Code of Ordinances of
the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for
Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said
ordinance and map pertain to the following property in Ward One of this parish:
From
I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development
(manufactured home) with the following stipulations: 1) that the development
adhere to the site plan on file with the Division of Planning and Development;
2) that the manufactured home be skirted within 90 days of zoning approval; 3)
that the petitioner obtain approval from the Health Unit regarding the sewage
treatment system; and 4) that the petitioner obtain development permits within
sixty (60) days of zoning approval; on the property described as: Tract I: Com
at a point 770 feet W and 693.4 ft N of the SE cor of the NE/4 of S20, T8S,
R8W, Calcasieu Parish, which point is on the W right-of-way line of U.S. Hwy.
No. 171; thence go W 783 ft; thence go N 370.6 ft; thence go E 780 ft; m/l to
the W right-of-way line of U.S. Hwy. No. 171; thence go S, along the W
right-of-way line of U.S. Hwy. No. 171, a distance of 357.4 ft, m/l, to the
point of commencement. Tract II: Com at a point 770 ft. W and 693.4 ft. N of
the SE cor of the NE/4 of S20, T8S, R8W, Calcasieu Parish, which point of
commencement is on the W right-of-way line of U.S. Hwy. No. 171; thence go W
783 ft; thence go S 95 feet; thence go E 784.2 ft, m/l to the W right-of-way
line of U.S. Hwy. No 171; thence go N, along the W right-of-way line of U.S.
Hwy. No. 171, a distance of 95 feet, m/l, to the point of commencement.
Zoning
Case RZ01-006-02
BE IT FURTHER ORDAINED that the
rezoning of the above described property is effective this date, classified in
accordance with a new zoning District Map (adding to the existing District Map)
which is attached to this ordinance to be placed on file in the Office of the
Clerk of Court showing the classification of the new area of the above
described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY
on the date above inscribed.
/s/
Enos Derbonne, President
/s/
S. Mark McMurry, Administrator &
Ex-Officio
Secretary
* * * * * * * * * * * *
President
Derbonne advised that action was needed on Zoning Case RZ05-004-02 which was a
request by Paul Vinson, Sr. to rezone from A-1 (Agricultural) to C-2 (General
Commercial) to allow a truck stop at Highway 12 in Ward Five, Police Jury
District 11. President Derbonne further advised that the Planning and Zoning
Board had met on Tuesday, January 15, 2002, and voted 9 (for) and 2 (against)
to recommend that the request be granted with the following stipulations: (1)
that the development adhere to the site plan on file with the Division of
Planning and Development; (2) that a driveway permit be obtained from the
Department of Transportation and Development; (3) that all parking and drives
must be hardsurfaced (asphalt or concrete); (4) that development is contingent
upon engineering and drainage approval; (5) that the dumpster must be screened
with a six foot board fence or equal; (6) that there remain a natural
vegetative buffer on the south 100' of the property; and (7) that ingress and
egress be limited to Highway 12 only.
Motion
was made by Mrs. August and seconded by Mr. Manuel that the recommendation of
the Planning and Zoning Board be upheld with respect to RZ05-004-02 and that
the request to rezone be granted with the stipulations as outlined by said
board.
Mr.
Vickers advised that the Planning and Zoning Board had approved the
stipulations as outlined above, but with reference to Stipulation No. (6), the
Board had asked the staff to get together with the applicant in the interim
period between the board meeting and the meeting on this date to work out a
revision to the stipulation whereby the applicant could have use of the
property to be included in the buffer zone. Mr. Vickers further advised that
the staff and applicant had agreed on the following language which would
replace Stipulation No. (6) as outlined heretofore: "That a 100-foot
natural vegetative buffer area along the south property line must be maintained
as a green space. Permitted uses within the buffer are: fences, fire hydrants,
buried utilities, and property maintenance such as underbrushing."
Mrs.
August amended her motion, and Mr. Manuel accepted the amendment, to provide
that Stipulation No. (6) be amended to reflect the language stipulated by Mr.
Vickers and agreed upon by the staff and the applicant.
A
roll call vote was then taken on the motion as amended with the following
result:
YEAS:
Mr. Andrepont, Mrs. August, Mr. Breaux, Mr. Clement, Mr. Collins, Mr. Danahay,
Mrs. Griffin, Mr. Kleckley, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. McMillin,
and Mr. Moon
NAYS:
Mrs. Treme
ABSENT:
None
NOT
VOTING: President Derbonne
As
a result of the foregoing action, the following ordinance was adopted:
ORDINANCE NO. 4334
AN ORDINANCE amending Chapter 26 -
Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying
the area: A request by Paul Vinson, Sr. to rezone from A-1 (Agricultural) to
C-2 (General Commercial) to allow a truck stop on the property described as:
Beginning at a set 3/4" iron rod N 01 degs, 01' 38" E 51.12 feet from
the SW cor of J. Miller Tract which said point is also the SW cor of NE 1/4 of
SE 1/4 of SW 1/4, Section 35, T8S, R13W; thence S 79 degs 02' 33" W 678.01
feet to existing 3/4" iron rod on N row of Old River Road; thence N 01
degs 00' 56" E 572.57 feet to centerline of Louisiana State Highway No.
12; thence along said centerline N 70 degs 03' 38" E 710.50 feet to an
existing 1" iron rod at the NE Cor of this parcel; thence S 01 degs 01'
38" W 686.45 feet to POB and containing 9.59 acres.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, convened in regular session on the 17th
day of January, 2002, that Chapter 26 - Zoning, of the Code of Ordinances of
the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for
Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said
ordinance and map pertain to the following property in Ward Five of this
parish:
From
A-1 (Agricultural) to C-2 (General Commercial) to allow a truck stop with the
following stipulations: 1) that the development adhere to the site plan on file
with the Division of Planning and Development; 2) that a driveway permit be
obtained from the Department of Transportation and Development; 3) that all
parking and drives must be hardsurfaced (asphalt or concrete); 4) that development
is contingent upon engineering and drainage approval; 5) that the dumpster must
be screened with a six foot board fence or equal; 6) that a 100-foot natural
vegetative buffer area along the south property line must be maintained as a
green space, with permitted uses within the buffer being fences, fire hydrants,
buried utilities, and property maintenance such as underbrushing; and 7) that
ingress and egress be limited to Highway 12 only; on the property described as:
Beginning at a set 3/4" iron rod N 01 degs, 01' 38" E 51.12 feet from
the SW cor of J. Miller Tract which said point is also the SW cor of NE 1/4 of
SE 1/4 of SW 1/4, Section 35, T8S, R13W; thence S 79 degs 02' 33" W 678.01
feet to existing 3/4" iron rod on N row of Old River Road; thence N 01
degs 00' 56" E 572.57 feet to centerline of Louisiana State Highway No.
12; thence along said centerline N 70 degs 03' 38" E 710.50 feet to an
existing 1" iron rod at the NE Cor of this parcel; thence S 01 degs 01'
38" W 686.45 feet to POB and containing 9.59 acres.
Zoning
Case RZ05-004-02
BE IT FURTHER ORDAINED that the
rezoning of the above described property is effective this date, classified in
accordance with a new zoning District Map (adding to the existing District Map)
which is attached to this ordinance to be placed on file in the Office of the
Clerk of Court showing the classification of the new area of the above
described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY
on the date above inscribed.
/s/
Enos Derbonne, President
/s/
S. Mark McMurry, Administrator &
Ex-Officio
Secretary
* * * * * * * * * * * *
President
Derbonne advised that action was needed on Zoning Case RZ04-037-01 which was a request
by Dudley M. and Becky Pitre to amend Ordinance No. 3632 to change use to allow
expansion of cabinet shop located on Straley Road in Ward Four, Police Jury
District 14. He further advised that the Planning and Zoning Board had met on
Tuesday, January 15, 2002, and voted unanimously to recommend that the request
be granted with the following stipulations: (1) that the development adhere to
the site plan on file with the Division of Planning and Development; and (2)
that the existing 6' wood fence be entirely extended along the north and south
property lines within ninety (90) days of zoning approval. [On March 23,
1995, the Police Jury approved a rezoning request (RZ04-003-95) from R-2 (Mixed
Residential) to C-1 (Light Commercial) to allow for a cabinet shop with the
following stipulations: that a six-foot privacy fence be erected on the north
and south property lines and on the east side with a front setback of 97 feet
from Straley Road, and further, that the proposed building expansion be
restricted to 20 feet onto Lot 11 as per the site plan submitted, with the
remainder of the lot being utilized for employee parking only, the property
being described as follows: Lot 11 and the East 84 feet of Lot 12 of Westwood
Acres Subdivision located in Section 23, Township 9 South, Range 9 West, as per
plat recorded in Plat Book 7, Page 165, records of Calcasieu Parish.]
It
was moved by Mrs. Griffin, seconded by Mr. Manuel and carried unanimously to
uphold the recommendation of the Planning and Zoning Board and to grant the
request relative to RZ04-037-01 to amend Ordinance No. 3632; whereupon, the
following ordinance was adopted:
ORDINANCE NO. 4335
AN ORDINANCE amending Ordinance No.
3632 , adopted by the Police Jury on March 23, 1995, (Zoning Case RZ04-003-95),
to allow expansion of a cabinet shop and to impose additional stipulations.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, convened in regular session on the 17th
day of January, 2002, that Ordinance No. 3632, adopted by the Police Jury on
March 23, 1995, (Zoning Case RZ04-003-95), is hereby amended to allow expansion
of a cabinet shop and to impose the following additional stipulations: 1) that
the development adhere to the site plan on file with the Division of Planning
and Development; and 2) that the existing 6' wood fence be entirely extended
along the north and south property lines within 90 days of zoning approval, on
the following property in Ward Four of this parish:
Lot
11 of Westwood Acres, a subdivision in the NE/4 of the NE/4 of S23, T9S, R9W,
as per plat recorded in Plat Book 7, page 165, records of Calcasieu Parish,
Louisiana.
Zoning
Case RZ04-037-01
BE IT FURTHER ORDAINED that the above
described property is hereby classified and ratified as C-1 (Light Commercial).
BE IT FURTHER ORDAINED that
this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or
parts of any ordinance in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY
on the date above inscribed.
/s/
Enos Derbonne, President
/s/
S. Mark McMurry, Administrator &
Ex-Officio
Secretary
* * * * * * * * * * * *
President
Derbonne advised that action was needed on Zoning Case RZ01-005-02 which was a
request by Norman W. Reeves to rezone from R-2 (Mixed Residential) to R-MHP
(Manufactured Home Park) to allow a manufactured home park on Reeves Road in
Ward One, Police Jury District 1. He further advised that the Planning and
Zoning Board had met on Tuesday, January 15, 2002, and voted unanimously to
recommend that the request be granted with the following stipulations: (1) that
the development adhere to the site plan on file with the Division of Planning
and Development; (2) that the petitioner obtain an occupational license within
five (5) days of zoning approval; (3) that both manufactured homes on the
property be skirted within ninety (90) days of zoning approval; (4) that the
petitioner obtain development permits for the recently moved on manufactured
home within five (5) days of zoning approval; and (5) that development be
restricted to four (4) spaces.
Motion
was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that
the recommendation of the Planning and Zoning Board with respect to RZ01-005-02
be upheld and that the request to rezone be granted with the stipulations
outlined by said board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4336
AN ORDINANCE amending Chapter 26 -
Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana,
classifying the area: A request by Norman W. Reeves to rezone from R-2 (Mixed
Residential) to R-MHP (Manufactured Home Park) to allow a manufactured home
park on the property described as: Beg 540 ft N of the SE cor of the NE/4 of
the NE/4 of S7, T9S, R8W, Calcasieu Parish, Louisiana, thence N 90 ft, thence W
165 ft, thence S 90 ft, thence E 165 ft to the POB, subject to a road right of
way on the E side together with all improvements thereon situated, and a 1978
new manufactured home bearing VIN L1075998, and beg 630 ft N of the SE cor of
the NE/4 of the NE/4 of S7, T9S, R8W, Calcasieu Parish, Louisiana, thence N 90
feet, thence W 165 ft, thence S 90 ft, thence E 165 ft to the POB, subject to a
road right-of-way on the E side.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, convened in regular session on the 17th
day of January, 2002, that Chapter 26 - Zoning, of the Code of Ordinances of
the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for
Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said
ordinance and map pertain to the following property in Ward One of this parish:
From
R-2 (Mixed Residential) to R-MHP (Manufactured Home Park) to allow a
manufactured home park with the following stipulations: 1) that the development
adhere to the site plan on file with the Division of Planning and Development;
2) that the petitioner obtain an occupational license within five (5) days of
zoning approval; 3) that both manufactured homes on the property be skirted
within (90) days of zoning approval; 4) that the petitioner obtain development
permits for the recently moved on manufactured home within five (5) days of
zoning approval; and 5) that development be restricted to four (4) spaces; on
the property described as: Beg 540 ft N of the SE cor of the NE/4 of the NE/4
of S7, T9S, R8W, Calcasieu Parish, Louisiana, thence N 90 ft, thence W 165 ft,
thence S 90 ft, thence E 165 ft to the POB, subject to a road right of way on
the E side together with all improvements thereon situated, and a 1978 new
manufactured home bearing VIN L1075998, and beg 630 ft N of the SE cor of the
NE/4 of the NE/4 of S7, T9S, R8W, Calcasieu Parish, Louisiana, thence N 90
feet, thence W 165 ft, thence S 90 ft, thence E 165 ft to the POB, subject to a
road right-of-way on the E side.
Zoning
Case RZ01-005-02
BE IT FURTHER ORDAINED that the
rezoning of the above described property is effective this date, classified in
accordance with a new zoning District Map (adding to the existing District Map)
which is attached to this ordinance to be placed on file in the Office of the
Clerk of Court showing the classification of the new area of the above
described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY
on the date above inscribed.
/s/
Enos Derbonne, President
/s/
S. Mark McMurry, Administrator &
Ex-Officio
Secretary
* * * * * * * * * * * *
President
Derbonne advised that no action was needed on Zoning Case RZ04-007-02 which was
a request by Allen Seal to rezone from R-2 (Mixed Residential) to R-MHP
(Manufactured Home Park) to allow a manufactured home park on Smith Ferry Road
in Ward Four, Police Jury District 3, due to the fact that the applicant had
withdrawn his request on January 11, 2002.
President
Derbonne advised that action was needed relative to RZ04-017-92 which was a
request by the Division of Planning and Development to consider reversion of
the case of Jimmie McPayne to revert from C-1 (Light Commercial) to R-2 (Mixed
Residential) due to the fact that the arts and craft business at 2510 Evelia
Street, Police Jury District 14, had ceased. (On June 18, 1992, the Police
Jury approved a rezoning request to allow the arts and craft business,
Ordinance No. 3326.)
Upon
motion made by Mr. McMillin, which was duly seconded by Mrs. August and carried
unanimously, the request of the Division of Planning and Development with
respect to RZ04-017-92 was approved; whereupon, the following ordinance was
adopted:
ORDINANCE NO. 4337
AN ORDINANCE repealing Ordinance No.
3326, adopted by the Police Jury on June 18, 1992, which rezoned the following
property owned by Jimmie McPayne, in Zoning Case RZ04-017-92 from R-2 (Mixed
Residential) to C-1 (Light Commercial): Lot 16 of Tall Pine Acres Subdivision
in Section 15, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, convened in regular session on the 17th
day of January, 2002, that Ordinance No. 3326, adopted by the Police Jury on
June 18, 1992, is hereby repealed and declared to be null and void and of no
effect.
BE IT FURTHER ORDAINED that the
following described property is hereby classified as R-2 (Mixed Residential):
Lot 16 of Tall Pine Acres Subdivision in Section 15, Township 9 South, Range 9
West, Calcasieu Parish, Louisiana.
BE IT FURTHER ORDAINED that Chapter 26
- Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for
Calcasieu Parish, Louisiana, are hereby amended to reflect the R-2 (Mixed
Residential) zoning classification referred to above.
BE IT FURTHER ORDAINED that this
ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any
ordinance or parts of any ordinance in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU
PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio
Secretary
* * * * * * * * * * * *
Upon
motion made by Dr. Mackey, which was duly seconded by Mrs. Griffin 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 CMS
Trunkline LNG Company, LLC for dredging of waterway for expansion of marine
terminal, installation of dock and mooring structures, and deposition of
dredged material in a previously used disposal area northeast of the facility.
The applicant proposes to hydraulically dredge an approximately 5.5-acre area
to -40.0 MSL, and to deposit approximately 280,000 cubic yards of wet dredged
material in a 30-acre pond. Water level in the pond will first be lowered by
approximately five feet to allow the receipt of dredged material. Six mooring
dolphins, four breasting dolphins and a dock platform will be installed. The
applicant also requests 10-year maintenance dredging authority for the dock
area. Said project is located near Devil's Elbow (Calcasieu River MP 23.0), at
8100 Big Lake Road, Lake Charles, Louisiana, and in adjacent waters of U.S., in
Calcasieu Parish; and
WHEREAS, the staff of the
Division of Planning and Development has evaluated the proposal of CMS
Trunkline LNG Company, LLC 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 all necessary permits are 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 17th
day of January, 2002, that it does hereby indicate no objection to the proposal
of CMS Trunkline LNG Company, LLC for dredging of waterway for expansion of
marine terminal, installation of dock and mooring structures, and deposition of
dredged material in a previously used disposal area northeast of the facility.
The applicant proposes to hydraulically dredge an approximately 5.5-acre area to
-40.0 MSL, and to deposit approximately 280,000 cubic yards of wet dredged
material in a 30-acre pond. Water level in the pond will first be lowered by
approximately five feet to allow the receipt of dredged material. Six mooring
dolphins, four breasting dolphins and a dock platform will be installed. The
applicant also requests 10-year maintenance dredging authority for the dock
area. Said project is located near Devil's Elbow (Calcasieu River MP 23.0), at
8100 Big Lake Road, Lake Charles, Louisiana, and in adjacent waters of U.S., in
Calcasieu Parish.
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.
* * * * * * * * * * * *
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 Dr. Glen Rhodes to clear, grub, excavate and grade an approximately
14.3 acre tract for the conversion and establishment of an improved pasture for
livestock. A drainage ditch was constructed across the tract and approximately
9,200 cubic yards of excavated spoil material was spread over existing wetland
areas. Approximately 5.7 acres of wetlands would be impacted as a result of
project implementation. Said project is located in Section 26, Township 9
South, Range 11 West, approximately 5.0 miles west from Sulphur, Louisiana, in
Calcasieu Parish; and
WHEREAS, the staff of the
Division of Planning and Development has evaluated the proposal of Dr. Glen
Rhodes 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 all necessary permits are 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 17th
day of January, 2002, that it does hereby indicate no objection to the proposal
of Dr. Glen Rhodes to clear, grub, excavate and grade an approximately 14.3
acre tract for the conversion and establishment of an improved pasture for
livestock. A drainage ditch was constructed across the tract and approximately
9,200 cubic yards of excavated spoil material was spread over existing wetland
areas. Approximately 5.7 acres of wetlands would be impacted as a result of
project implementation. Said project is located in Section 26, Township 9
South, Range 11 West, approximately 5.0 miles west from Sulphur, Louisiana, in
Calcasieu Parish.
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.
* * * * * * * * * * * *
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 Dr. Glen Rhodes to clear, grub and grade an approximately 100 acre
tract for the conversion and establishment of an improved pasture for
livestock. Approximately 30,000 cubic yards of fill material will be hauled in
and deposited in wetland areas to create the improved pasture. Approximately 19
acres of wetlands would be impacted as a result of project implementation. Said
project is located in Section 27, Township 9 South, Range 11 West,
approximately 2.0 miles northeast from Edgerly, Louisiana, in Calcasieu Parish;
and
WHEREAS, the staff of the Division
of Planning and Development has evaluated the proposal of Dr. Glen Rhodes
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 all necessary permits are
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 17th
day of January, 2002, that it does hereby indicate no objection to the proposal
of Dr. Glen Rhodes to clear, grub and grade an approximately 100 acre tract for
the conversion and establishment of an improved pasture for livestock.
Approximately 30,000 cubic yards of fill material will be hauled in and
deposited in wetland areas to create the improved pasture. Approximately 19
acres of wetlands would be impacted as a result of project implementation. Said
project is located in Section 27, Township 9 South, Range 11 West,
approximately 2.0 miles northeast from Edgerly, Louisiana, in Calcasieu Parish.
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.
* * * * * * * * * * * *
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 Mr. Raymond Boudreaux to dredge for the removal of riprap material
and install and maintain riprap and fill material for personal access on
property and to create an artificial beach for recreational use. The project
activity will impact approximately 0.1 of an acre of cleared wetlands and
shallow waterbottom which will include the placement of approximately 300 cubic
yards of hauled sand material along the bank line and the placement of
approximately 533 cubic yards of dredged riprap material in a low area on the
property. Said project is located in the Calcasieu River, right descending
bank, at a point about 1.3 miles above its confluence with Lake Charles, at
Westlake, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the
Division of Planning and Development has evaluated the proposal of Mr. Raymond
Boudreaux 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 all necessary permits are 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 17th
day of January, 2002, that it does hereby indicate no objection to the proposal
of Mr. Raymond Boudreaux to dredge for the removal of riprap material and
install and maintain riprap and fill material for personal access on property
and to create an artificial beach for recreational use. The project activity
will impact approximately 0.1 of an acre of cleared wetlands and shallow
waterbottom which will include the placement of approximately 300 cubic yards
of hauled sand material along the bank line and the placement of approximately
533 cubic yards of dredged riprap material in a low area on the property. Said
project is located in the Calcasieu River, right descending bank, at a point
about 1.3 miles above its confluence with Lake Charles, at Westlake, Louisiana,
in Calcasieu Parish.
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.
* * * * * * * * * * * *
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 Mr. Charles LeGros to install and maintain fill in low areas on a
property for personal access and mosquito control at a future single family
residence. The proposed work activity will impact approximately 0.4 acres of
cleared wetlands. The filling operation will consist of the placement of
approximately 290 cubic yards of dirt material, which is to be deposited in
wetland areas. Said project is located in Calcasieu Parish, off LA Highway 27,
in Section 17, Township 10 South, Range 10 West, at a location approximately
2.6 miles southwesterly from Sulphur, Louisiana; and
WHEREAS, the staff of the
Division of Planning and Development has evaluated the proposal of Mr. Charles
LeGros 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 all necessary permits are 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 17th
day of January, 2002, that it does hereby indicate no objection to the proposal
of Mr. Charles LeGros to install and maintain fill in low areas on a property
for personal access and mosquito control at a future single family residence.
The proposed work activity will impact approximately 0.4 acres of cleared
wetlands. The filling operation will consist of the placement of approximately
290 cubic yards of dirt material, which is to be deposited in wetland areas.
Said project is located in Calcasieu Parish, off LA Highway 27, in Section 17,
Township 10 South, Range 10 West, at a location approximately 2.6 miles
southwesterly from Sulphur, 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.
* * * * * * * * * * * *
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 City of Lake Charles to clear, grade, and fill to construct a
waste water treatment facility to serve the residents of Lake Charles.
Approximately 65,000 cubic yards of on-site dredged material and 49,000 cubic
yards of hauled-in fill material will be used to develop the 40.26 acre site.
Approximately 15.7 acres of forested wetlands will be impacted by the proposed
project. Said project is located in Section 4, Township 11 South, Range 9 West,
approximately 10 miles south of the City of Lake Charles, in Calcasieu Parish,
Louisiana; and
WHEREAS, the staff of the
Division of Planning and Development has evaluated the proposal of the City of
Lake Charles 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 17th
day of January, 2002, that it does hereby indicate no objection to the proposal
of the City of Lake Charles to clear, grade, and fill to construct a waste
water treatment facility to serve the residents of Lake Charles. Approximately
65,000 cubic yards of on-site dredged material and 49,000 cubic yards of
hauled-in fill material will be used to develop the 40.26 acre site.
Approximately 15.7 acres of forested wetlands will be impacted by the proposed
project. Said project is located in Section 4, Township 11 South, Range 9 West,
approximately 10 miles south of the City of Lake Charles, 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.
*
* * * * * * * * * * *
Motion
was made by Mrs. Griffin, seconded by Mr. McMillin 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 17th
day of January, 2002, that it does hereby approve the execution and submittal
of all documents related to the Coastal Impact Assistance Program Grant in the
amount of $435,956 which has been awarded for the installation of a parish boat
launch along the confluence of the Industrial Canal and the Intracoastal
Waterway off of Henry Pugh Boulevard located off of Big Lake Road in Ward
Three.
BE IT FURTHER RESOLVED that the
President of the Police Jury, or his designee, when appropriate, is authorized
to execute all documents related thereto.
THUS DONE AND PASSED on the date
above inscribed.
* * * * * * * * * * * *
Upon
motion made by Mrs. August, which was duly seconded by Mr. Clement and carried
unanimously, the following resolution was adopted:
RESOLUTION
A RESOLUTION ordering and calling a
special election to be held in Calcasieu Parish, Louisiana, to submit to the
electorate of Calcasieu Parish a proposition to authorize additional riverboat
gaming operations in the Parish.
WHEREAS, Article 12, Section
6(C)(2) of the Constitution of Louisiana stipulates that no new license or
permit shall be issued for the conducting of riverboat gaming, gambling, or
wagering operations or activities at a berth or docking facility in a parish in
which such gaming, gambling, or wagering is then being conducted, unless a
referendum election on a proposition to allow such additional gaming, gambling,
or wagering operations or activities has been held in the parish and the
proposition has been approved by a majority of those voting thereon; and
WHEREAS, PNK (Lake Charles),
LLC, a wholly owned subsidiary of Pinnacle Entertainment, Inc., has petitioned
the Calcasieu Parish Police Jury to hold such an election in Calcasieu Parish
on April 6, 2002, for authority to operate a riverboat casino to be berthed
along land belonging to the Lake Charles Harbor and Terminal District situated
in Calcasieu Parish, pursuant to the award to said company of a riverboat
license by the Louisiana Gaming Control Board; and
WHEREAS, in accordance with
Article II of the Cooperative Endeavor Development Agreement between the Police
Jury, the Lake Charles Harbor and Terminal District, the City of Lake Charles,
and Hollywood Park, Inc. (Pinnacle Entertainment, Inc.), the latter has agreed
to pay all costs normally attributed to the Parish for the conducting of the
election; and
WHEREAS, LSA--R.S. 27:77
contained specific provisions for the calling of an election to authorize
riverboat gaming in Calcasieu and Ouachita parishes which included the
stipulated wording for the proposition which was to appear on the ballot as
follows - "should (name of applicant) be allowed to conduct riverboat
gaming within the parish of (name of parish)?"; and
WHEREAS, LSA--R.S. 27:77 was
repealed by Act No. 1222 of the 2001 Louisiana Legislature, effective July 2,
2001; and
WHEREAS, with the repeal of
LSA--R.S. 27:77, LSA--R.S. 18:1300.22 became the applicable statute for calling
an election for the purposes set forth herein, however, it did not set forth a
detailed scheme as to the calling of the election or the language of the
proposition which was to appear on the ballot; and
WHEREAS, LSA--R.S. 18:1300.23
contains specific provisions for the procedures for calling a local referendum
election in Bossier Parish which was the most recent election of this type in
the State; and
WHEREAS, LSA--R.S. 18:1300.23
stipulates that the wording for the proposition to appear on the ballot should
be as follows - "Shall additional riverboat gaming operations be allowed
at a berth or docking facility in Bossier Parish pursuant to a new license to
be issued by the Louisiana Gaming Control Board as provided in the board
decision entered on March 13, 1997? Yes ( ) No ( )"; and
WHEREAS, the Calcasieu Parish
Police Jury feels that a combination or blend of the language called for in
LSA--R.S. 27:77 (which has been repealed) and the language called for in
LSA--R.S. 18:1300.23 (the Bossier Parish election) would most accurately
accomplish the legislative intent for wording of the proposition which is to be
placed on the ballot on April 6, 2002, relative to the proposition of PNK (Lake
Charles), LLC and which would read as follows - "Shall PNK (Lake Charles),
LLC, a wholly owned subsidiary of Pinnacle Entertainment, Inc., be allowed to
conduct riverboat gaming within the Parish of Calcasieu pursuant to a new
license to be issued by the Louisiana Gaming Control Board as provided in the
board decision entered on November 20, 2001? Yes ( ) or No ( )".
NOW, THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH,
LOUISIANA, in regular session convened on the 17th
day of January, 2002, as follows:
SECTION 1.
Subject to the approval of the State Bond Commission and under the authority
conferred by Article 6, Sections 7, 30 and 32 and Article 12, Section 6(C)(2)
of the 1974 Louisiana Constitution; Chapter 6A of Title 18 of the Louisiana
Revised Statutes of 1950, as amended; LSA--R.S. 18:1300.22; and other
constitutional and statutory authority supplemental thereto, a special election
be and the same is hereby called and ordered to be held in Calcasieu Parish,
Louisiana, on Saturday, April 6, 2002, between the hours of six (6:00) o'clock
A.M. and eight (8:00) o'clock P.M., in compliance with the Louisiana Election
Code, and that at the said election there shall be submitted to all registered
voters of Calcasieu Parish qualified and entitled to vote at the said election
under the Constitution and Laws of the State of Louisiana and the Constitution
and Laws of the United States, the following proposition:
PROPOSITION
SUMMARY:
TO AUTHORIZE ADDITIONAL RIVERBOAT GAMING ACTIVITIES IN CALCASIEU PARISH.
Shall
PNK (Lake Charles), LLC, a wholly owned subsidiary of Pinnacle Entertainment,
Inc., be allowed to conduct riverboat gaming within the Parish of Calcasieu
pursuant to a new license to be issued by the Louisiana Gaming Control Board as
provided in the board decision entered on November 20, 2001? Yes ( ) or No ( )
SECTION 2. In accordance with
Article II of the Cooperative Endeavor Development Agreement between the Police
Jury, the Port of Lake Charles, the City of Lake Charles, and Hollywood Park,
Inc. (Pinnacle Entertainment, Inc.), the latter is to pay all costs normally
attributed to the Parish for the conducting of the election.
SECTION 3.
There shall be published in the Lake Charles American Press, a daily
newspaper of general circulation within Calcasieu Parish, published in Lake
Charles, Louisiana, and being the official journal of the Calcasieu Parish
Police Jury, once a week for four consecutive weeks, with the first publication
to be made not less than forty-five (45) days nor more than ninety (90) days
prior to the date fixed for the election, notice of said election, which notice
shall be substantially in accordance with the Notice of Special Election
annexed hereto as "Exhibit A" and incorporated herein by reference,
the same as if it were set forth herein in full.
SECTION 4. The
Calcasieu Parish Police Jury shall meet at its temporary meeting place,
Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles,
Louisiana, on Thursday, April 18, 2002, at 5:30 P.M., and shall then and there
in open and public session proceed to examine and canvass the returns and
declare the results of the special election.
SECTION 5. The
polling places set forth in the aforesaid Notice of Special Election, and situated
within the corporate limits of the Parish, be and the same are hereby
designated as the polling places at which to hold the election, and the
election officials appointed in accordance with said Notice of Special
Election, be and the same are hereby appointed as Commissioners and
Commissioners-in-Charge of election, respectively, to serve at the polling
places as indicated.
SECTION 6. The
officers designated to serve as Commissioners and Commissioners-in-Charge, or
such substitutes therefor as may be selected and designated in compliance with
the Louisiana Election Code, shall hold the special election as herein
provided, shall make due returns of said election for the meeting of the Police
Jury of the Parish of Calcasieu, State of Louisiana, to be held on April 18,
2002, at 5:30 P.M., and the compensation of said officers be and the same is
hereby fixed at the sum prescribed by law. All registered voters in Calcasieu
Parish are entitled to vote at said special election. Voting machines shall be
used, and assessed valuations shall not be voted.
SECTION 7. Certified copies of
this resolution shall be forwarded to the Secretary of State, the Commissioner
of Elections, and the Bond Commission of the State of Louisiana, the Clerk of
Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish
of Calcasieu, State of Louisiana, and the Registrar of Voters in and for said
Parish, as notification of the special election herein called in order that
each may prepare for said election and perform their respective functions as
required by law.
SECTION 8. A certified copy of
this resolution, together with other showings required by Section 5 of the
Voting Rights Act of 1965 and regulations pertaining thereto shall be submitted
to the United States Attorney General for approval in compliance with said
Voting Rights Act, should such submission be required.
SECTION 9. If any provision or
item of this resolution or the application thereof is held invalid, such
invalidity shall not affect other provisions, items, or applications of this
resolution which can be given effect without the invalid provisions, items, or
applications, and to this end, the provisions of this resolution are hereby
declared severable.
SECTION 10. All resolutions,
ordinances or parts thereof in conflict herewith are hereby repealed.
And
the resolution was declared adopted on this, the 17th day of
January, 2002.
/s/
Enos Derbonne, President
/s/
S. Mark McMurry, Parish Administrator &
Ex-Officio
Parish Secretary
*
* * * * * * * * * * *
"EXHIBIT A"
NOTICE OF SPECIAL ELECTION
Pursuant
to the provisions of a resolution adopted by the Police Jury of the Parish of
Calcasieu, Louisiana, acting as the governing authority of Calcasieu Parish,
Louisiana, on January 17, 2002, NOTICE IS HEREBY GIVEN that a special election
will be held in Calcasieu Parish, Louisiana, on Saturday, April 6, 2002, and
that at said election, there will be submitted to all registered voters of
Calcasieu Parish qualified and entitled to vote at the election under the
Constitution and Laws of the State of Louisiana, and the Constitution and Laws
of the United States, the following Proposition, to-wit:
PROPOSITION
SUMMARY:
TO AUTHORIZE ADDITIONAL RIVERBOAT GAMING ACTIVITIES IN CALCASIEU PARISH.
Shall
PNK (Lake Charles), LLC, a wholly owned subsidiary of Pinnacle Entertainment,
Inc., be allowed to conduct riverboat gaming within the Parish of Calcasieu
pursuant to a new license to be issued by the Louisiana Gaming Control Board as
provided in the board decision entered on November 20, 2001? Yes ( ) or No ( )
The
special election will be held at the following polling places, which are all of
the regular voting precincts in Calcasieu Parish, and the election officials
appointed to serve at the following places in Calcasieu Parish in accordance
with Section 1286 of Title 18 of the Louisiana Revised Statutes of 1950, as
amended (L.R.S. 18:1286), shall be and are hereby appointed to serve as the
election officials for this special election:
PRECINCT
POLLING PLACE
160
Gillis Elementary School, 916 Topsy Road, Gillis
161
Gillis Elementary School, 916 Topsy Road, Gillis
162
Moss Bluff Middle School, 1104 Recreation Boulevard, Moss Bluff
163
Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff
164
Moss Bluff Elementary School, 481 Sam Houston Jones Parkway, Moss Bluff
165
Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff
166
Moss Bluff Elementary School, 481 Sam Houston Jones Parkway, Moss Bluff
167
Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff
260
Holmwood Fire Station, 5599 Highway 14 East, Holmwood
261
Bell City Library, 7085 Highway 14 East, Bell City
262
Hayes Fire Station, 8141 Galley Road, Hayes
300
Ray D. Molo Middle School, 2300 Medora Street, Lake Charles
301
Washington/Marion High School, 2802 Pineview Street, Lake Charles
302
Chateau du Lac, 333 Mill Street, Lake Charles
303
Ralph Wilson Elementary School, 1400 Opelousas Street, Lake Charles
304
Calcasieu Parish Multi-Purpose Center, 2001 Moeling Street, Lake Charles
305
Jessie D. Clifton Elementary School, 100 N. Prater Street, Lake Charles
306
Drew Park Pavilion, 416 South Ryan Street, Lake Charles
307
Chateau du Lac, 333 Mill Street, Lake Charles
308
Calcasieu Parish School Board Curriculum and Instruction Office, 600 South
Shattuck Street, Lake Charles
309
Foreman-Reynaud YMCA, 215 Albert Street, Lake Charles
310
Calcasieu Parish Courthouse, first floor lobby, 1000 Ryan Street, Lake Charles
311
Pearl Watson Elementary School, 1300 5th Street, Lake Charles
312
Calcasieu Parish School Board Office, Rosteet Annex, 2423 6th Street, Lake
Charles
313
John F. Kennedy Elementary School, 2001 Russell Street, Lake Charles
314
St. Louis High School, 1620 Bank Street, Lake Charles
315
Lake Charles/Boston High School, 1509 Enterprise Boulevard, Lake Charles
316
Barbe Elementary School, 400 Penn Street, Lake Charles
317
Barbe Elementary School, 400 Penn Street, Lake Charles