May 2, 2002
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 2, 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, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, 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 pronounced the invocation which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
Motion was made by Mr. Breaux, seconded by Mr. Manuel and carried unanimously that the issuance of the following Special Events Permit be ratified:
Type B Permit (charitable) to allow alcoholic beverages for the special event:
LOGAN JAMES WHITE BENEFIT
June 15, 2002 - VFW Post #9933
2668 Highway 171 North, Lake Charles, LA
Roy Lane Harveston, Agent
It was moved by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously to approve the payment of all current invoices.
Upon motion made by Mrs. August which was duly seconded by Mr. Andrepont and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated April 4, 2002, were approved, and the reading of same was dispensed with.
Certificates of recognition were presented at this time by Mrs. Griffin and Mr. McMillin to the following players and Coach Tommy Miller, Head Coach, of the 2002 Westlake Little Dribblers Team, 14-year old State Champions: Brandon Miller, Lance Hess, Patrick Grant, Quinton Trent, Diondrea Johnson, Dontay Williams, Jake Schiro, Anthony Bertrand, and Kade Kibodeaux.
President Derbonne and Mr. Collins presented a check in the amount of $3,488.92 to Ms. Tiki Hutcherson, the first graduate of the Parish's Family Self-Sufficiency Program. Ms. Amanda Hartley of the Calcasieu Parish Housing Department explained that participants in this program go through an informal interview during which the family's needs are assessed and goals set, such as the pursuit of higher education, counseling, etc. She further explained that the participant signed a five-year contract and if at the end of those five years, they had met all of the goals established at the beginning of the program, they received the funds which had been deposited into an escrow account which represented increases in the participant's personal income during the five-year period.
Motion was made by Mrs. August, seconded by Mr. Manuel and carried unanimously that the Agenda Committee Report dated April 25, 2002, be approved as follows:
AGENDA COMMITTEE REPORT
April 25, 2002
A meeting of the Agenda Committee was held on Thursday, April 25, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles,
Louisiana, with Mrs. Luvertha August, Chairman, presiding, and the following members present:
Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Cornie Moon, and Mrs. Sandra Treme
Absent: Mr. Algie Breaux and Mr. Hal McMillin
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, and Mr. Jim Vickers.
Chairman August 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 May 2, 2002.
Following review of the items to be considered by the Police Jury on May 2nd, 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 August declared the meeting to be adjourned.
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Motion was made by Mrs. Griffin, seconded by Mrs. August and carried unanimously to approve the Public Works Committee Report dated April 25, 2002, as follows:
PUBLIC WORKS COMMITTEE REPORT
April 25, 2002
A meeting of the Public Works Committee was held on Thursday, April 25, 2002, 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, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Cornie Moon, and Mrs. Sandra Treme
Absent: Mr. Algie Breaux and Mr. Hal McMillin
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, and Mr. Jim Vickers.
Said Committee:
Contractor Base Bid Alt. No. 1 Alt. No. 2 Alt. No. 3
(5-lane concrete) (5-lane asphalt) (3-lane concrete) (3-lane asphalt)
R.E. Heidt Const. Co., Inc. $5,961,748.63 $5,394,473.10
Bessette Development $8,059,738.52 $6,911,042.28
McManus Const., Inc. $6,837,320.55 $5,811,506.53 $6,032,247.54 $5,226,896.34
(7.1) establish a school zone on Old Highway 171 at the appropriate locations and establish a pedestrian crosswalk at First Baptist Church School in Ward One; and
(7.2) 35-mph speed limit on Green Oaks Road in Ward One.
There being no further business, Chairman Moon declared the meeting to be adjourned.
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Mr. Andrepont asked for an update with reference to Recommendation No. 1 of the Public Works Committee. Mr. Smart advised that McManus Construction, Inc. had been the low bidder on the base bid and on all of the alternates and would be awarded the contract but that it was a matter of which alternate would be chosen. Mr. Smart also advised that it was the staff's recommendation to delay awarding the contract until an agreement was signed between the Police Jury, City of Lake Charles, Port of Lake Charles, and Lake Charles Memorial Hospital. He stated that there was approximately $5.4 million available to fund the project and that unless more money was forthcoming, the improvements would probably be asphalt.
Motion was made by Dr. Mackey, seconded by Mrs. Griffin and carried unanimously to defer action on Recommendation No. 1 of the Public Works Committee until other participating entities were given an opportunity to increase their contributions, and further, that the remaining recommendations contained in the Public Works Committee Report be approved; whereupon, the following resolutions and ordinances were adopted:
RESOLUTION
WHEREAS, Russell Moss subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as Alicia Ridge Subdivision, a subdivision in Section 4, Township 10 South, Range 7 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 J. Oneil Hebert, III, Registered Land Surveyor No. 4584, 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 May 8, 2002, bearing File No. 2583662.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, that it does hereby officially accept the plat of Alicia Ridge Subdivision in Ward Eight of Calcasieu Parish, Louisiana.
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RESOLUTION
WHEREAS, Joseph R. Palermo subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Selene Acres Subdivision, a subdivision in Sections 34 & 35, Township 10 South, Range 11 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 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 May 6, 2002, bearing File No. 2583368.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, that it does hereby officially accept the plat of Selene Acres Subdivision in Ward Four of Calcasieu Parish, Louisiana, including Selene Drive located within said subdivision, for future maintenance by the Parish.
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RESOLUTION
WHEREAS, Taussig Corporation, Elizabeth S. Woodward, William D. Blake, and Katherine K. Blake, subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Bay Forest Part Two Subdivision, a subdivision in Section 18, Township 9 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 James H. Knapp, Registered Land Surveyor No. 4468, 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 May 8, 2002, bearing File No. 2583661.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, that it does hereby officially accept the plat of Bay Forest Part Two Subdivision in Ward Four of Calcasieu Parish, Louisiana.
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ORDINANCE NO. 4359
AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, Sec. 17-69. School Zones, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a 25 M.P.H. speed limit on Old Highway 171 at First Baptist Church School in Ward One.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, Sec. 17-69. School Zones, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:
SECTION 1. Sec. 17-69. School Zones, of the Code of Ordinances is amended by including the following in the provisions of said section:
(a) (8) Old Highway 171 at First Baptist Church School in Ward One.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that appropriate signs shall be posted along Old Highway 171 in Ward One as set forth above, at reasonable intervals, to warn the operators of vehicles of the 25 M.P.H. speed limit herein imposed.
BE IT FURTHER ORDAINED that all remaining protions of Sec. 17-69. School Zones, shall remain in full force and effect.
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.
BE IT FURTHER AND FINALLY 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 2nd day of May, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Parish Secretary
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ORDINANCE NO. 4360
AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to increase a speed limit on Green Oaks Road in Ward One of 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. 17-65, Thirty miles per hour, of the Code of Ordinances is amended by removing the following road in the provisions of said section:
Green Oaks Road in Ward 1
SECTION 2. Sec. 17-66, Thirty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:
Green Oaks Road in Ward 1
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.
BE IT FURTHER AND FINALLY 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 2nd day of May, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Parish Secretary
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of May, 2002, that it does hereby indicate no objection to the extension of the runway from 6500' to 7200' on the south end at Lake Charles Regional Airport, in accordance with the Parish Engineer's finding that the extension will have no adverse impact on Lincoln Road.
THUS DONE AND PASSED on the date above inscribed.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of May, 2002, that it does hereby approve a Joint Services Agreement between the Police Jury and Gravity Drainage District No. Four of Ward Three to hydro-mulch a holding pond bank located within Pine Mist Estates Subdivision.
BE IT FURTHER RESOLVED that the Drainage District will pay for labor, material, and fuel at an estimated project cost of $996.40.
BE IT FURTHER AND FINALLY 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.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of May, 2002, that it does hereby approve a Joint Services Agreement between the Police Jury and Recreation District No. One of Ward Three to maintain aggregate roads and parking lots within the Lake Street Recreation Complex on an "as requested" basis.
BE IT FURTHER RESOLVED that the Recreation District will pay an estimated $58.83 per hour for labor and fuel, as well as $23.57 per hour for material hauling which does not include the cost of limestone.
BE IT FURTHER AND FINALLY 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.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 2nd day of May, 2002, that it does hereby approve a Joint Services Agreement between the Police Jury and the Calcasieu Parish School Board to pipe-in ditches fronting Gillis Elementary School located in Ward One.
BE IT FURTHER RESOLVED that the School Board will pay for the materials only and backfill material will be provided by the Parish. The estimated cost of the project is $5,318.88.
BE IT FURTHER AND FINALLY 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.
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RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, that it does hereby authorize the President of the Police Jury to execute a renewal of a "Contract to Provide Services/Hold Harmless Agreement" with Ms. Edith Jo Kingrey to provide parkkeeper services at Alligator Park in Ward Five, for a period of one year.
THUS DONE AND PASSED on the date above inscribed.
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Motion was made by Mr. Andrepont, seconded by Mr. Breaux and carried unanimously that the Budget Committee Report dated May 2, 2002, be approved as follows and as outlined on this date by Mr. Andrepont, Chairman of said Committee:
BUDGET COMMITTEE REPORT
May 2, 2002
A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, May 2, 2002, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:
Mrs. Luvertha August, Mr. Mike Danahay, Mr. Enos Derbonne (Ex-Officio), Mr. Chuck Kleckley, and Charles S. Mackey, D.D.S.
Absent: Mrs. Elizabeth Conway Griffin
Also present were Mr. Brent Clement, Mr. Don Manuel, Mr. Hal McMillin, Mr. Algie Breaux, Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Tammy Bufkin, Ms. Coleen Clark, Ms. Kathy Criglow, Mr. Claude Smart, and Mr. Gerry Trahan.
Said Committee:
(1) Recommended approval of a request for hardsurfacing improvement of Esther Drive in Ward One at an estimated cost of $28,000 with $25,000 from the Ward One allocation of the Special Projects by Ward and $3,000 from Ward One Road Funds.
(2) Recommended approval of a request for funding assistance in the amount of $12,000 from the Office of Community Services for parking lot repairs at a total estimated cost of $21,000 at the Willie Garrick Center with said funding from the Discretionary Allocation of the Riverboat Fund.
(3) Recommended approval of a request for construction of sidewalks between LeBlanc Middle School and Jake Drost School for Exceptional Children at an estimated cost of $7,000 with a donation in the amount of $2,000 from Billy Navarre Chevrolet and the remaining $5,000 from the Discretionary Allocation of the Riverboat Fund.
(4) Recommended approval of participation in a grant opportunity with the Southwest Louisiana Convention and Visitors Bureau whereby both parties will contribute $3,750 to the development and awareness of the Louisiana Purchase Bicentennial Celebration with said funding from the General Fund.
(5) Recommended approval of a funding request from the Calcasieu Parish Sheriff's Department whereby the Police Jury will provide funding in an amount not to exceed one-half of the total cost of the purchase of two Wave Runners for use by the Sheriff's Department Marine Division with said funding from the Discretionary Allocation of the Riverboat Fund, and further, that the City of Lake Charles and the Port of Lake Charles also be asked to participate in the funding of this equipment.
There being no further business, Chairman Andrepont declared the meeting to be adjourned.
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President Derbonne advised that action was needed on adoption of a resolution ordering and calling a special election to be held on July 20, 2002, in Sales Tax District No. 4-A of Calcasieu Parish, for authority to extend the levy and collection of an existing 1˝% sales and use tax for a ten-year period beginning October 1, 2002, to be dedicated and used to continue improving, resurfacing and maintaining Parish roads, enhancing the quality of parish road drainage, constructing and improving arterial transportation routes and major intersections, providing additional funding for the rural transportation system, and authority to fund the proceeds of the tax into bonds for such purposes.
Mr. McMurry explained that the extension of this tax would protect the $80 million investment in the road hard-surfacing program of the past ten years by creating an overlay fund insuring the proper overlay and maintenance of approximately 1,000 roads at the appropriate time. He pointed out that with the 1992 tax, the Parish had gone from having 48% of its roads hard-surfaced to having 88%.
Mr. McMurry also explained that the extension of the tax would provide improvement of major arterial transportation routes which would open new areas to development and job creation, and it would provide more efficient traffic flows. He stated that Lafayette had done real well in visioning their transportation system and had built thoroughfares without waiting until the need for same became too desperate. Mr. McMurry stated that examples of this type of visioning were available in Calcasieu Parish, such as the acquisition of right-of-way to extend Old Spanish Trail to Houston River Road, as well as the possibility of extending McNeese Street to the east to join into Louisiana Highway 397.
Mr. McMurry stated that extension of the 1992 sales tax would allow the Parish to enhance the quality of roadside drainage and lessen the impact of residential sewage effluent in roadside ditches. He referred to a study performed by Dr. Harold Stevenson of McNeese State University, which had revealed major problems with regard to sewage effluent in ditches and problems with mechanical sewer plants.
Mr. McMurry advised that an extension of the tax would also supplement the parish's rural transportation system which was currently serving nearly 2,000 citizens monthly by providing more local matching money which could be used to seek federal and state grants.
Mr. McMurry pointed out that the extension of the tax would allow a continuance of the program providing house-to-house collection and disposal of solid waste from over 20,000 residences with no monthly garbage fee except in Ward One where the original tax had not passed in 1992.
Mr. McMurry recommended that a covenant resolution also be adopted which would guarantee every citizen the right to take the Police Jury to court if they did not think the funds were being used as promised, and the adoption of this resolution would build confidence in the voters. He pointed out that the Police Jury had always been very faithful in doing what was specified in a covenant resolution or tax proposal. Mr. McMurry stated that adoption of this covenant resolution for the extension of the 1992 sales tax would promise the voters that the Police Jury would not levy the tax at greater than 1-1/4% at any time during the ten-year term of the tax when gaming revenues were sufficient to offset such a reduction.
Mr. McMurry stated that the reduction in the levy of the tax would recognize that gaming funds received by the Parish could, and should, help offset the cost of infrastructure improvements that are financed on a non-recurring basis, and would also recognize that if gaming funds were drastically reduced, then the cost of properly maintaining and overlaying the parish road system could be appropriately provided for with a reinstatement of the additional 1/4%. Mr. McMurry advised that these provisions would comply with the intent and spirit of what people were asking the Police Jury to do insofar as lowering taxes and supplementing operations with gaming revenues. Mr. McMurry stated that a reduction of the tax to 1 1/4% would allow savings to the taxpayers in excess of $25 million over the 10-year period of the tax and would provide a tax break for local businesses and industries which would in turn have the effect of "growing" their businesses and their employment levels, thus creating more job opportunities for area citizens.
Mr. McMurry stated that this arrangement to lower the tax when gaming revenues were sufficient to offset such a reduction was in line with other innovative financing proposals of the Police Jury that were based on actual need rather than automatic continuation of tax rates just because they were "already on the books."
Mrs. Griffin stated that she thought the citizens would be comfortable in knowing they could save $25 million over the ten-year period and that while most people were afraid of taxes, this tax had so much to offer.
Motion was made by Mrs. Griffin and seconded by Mr. Clement that a resolution be adopted ordering and calling a special election to be held on July 20, 2002, in Sales Tax District No. 4-A of Calcasieu Parish, for authority to extend the levy and collection of an existing 1˝% sales and use tax for a ten-year period beginning October 1, 2002, to be dedicated and used to continue improving, resurfacing and maintaining Parish roads, enhancing the quality of parish road drainage, constructing and improving arterial transportation routes and major intersections, providing additional funding for the rural transportation system, and authority to fund the proceeds of the tax into bonds for such purposes.
Mr. Breaux stated that the residents in his district were very pleased with the blacktopping in Bell City, Hayes, and Holmwood, and that the residents on fixed incomes were extremely happy about the solid waste collection. Mr. Breaux asked if the matter of private roads could be addressed "somewhere down the line", to which Mr. McMurry responded that the Engineering Department was currently working on plans to develop a definition of "private road" in cases where such a road served a number of people and was not just a driveway and that if that could be clarified, perhaps some of these roads could be addressed with the extension of the tax with proper dedication of right-of-way.
The hour being 6:00 p.m., President Derbonne advised that discussion and action on this item would need to be postponed in order to hold a public hearing, as a result of notice to the owner of 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:
With reference to the first piece of property located on Opelousas Street, Lake Charles area, Mr. Wes Crain, Assistant Director of Planning and Development, recommended that the house and one storage shed situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation. Hearing no comments, motion was made by Mr. Breaux, seconded by Mrs. Griffin and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4361
AN ORDINANCE ordering demolition of one house and one storage shed on property located on Opelousas Street (Lot 7 less S 100 ft, Carpenter Subdivision), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Amos Roy Watson.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 and one storage shed on property located on Opelousas Street (Lot 7 less S 100 ft, Carpenter Subdivision), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Amos Roy Watson, 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 2nd day of May, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the house and one storage shed 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 and one storage shed, 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 one house and one storage shed was situated for the cost of demolishing and removing said house and one storage shed, 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 and one storage shed, 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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
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With reference to the second piece of property located at 1756 Ira Breaux Road, LeBleu Settlement area, Mr. Crain recommended that the house situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation. Hearing no comments, motion was made by Mr. Manuel, seconded by Mrs. Treme and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4362
AN ORDINANCE ordering demolition of one house on property located at 1756 Ira Breaux Road (Com at Pt on N/L Sec 17.9.7, Said Pt being E 1110 Ft from NW Cor Sec 17, Th E 814 Ft to C/L of 50 Ft Canal heading SWLY, th SWLY following C/L Meaders of said Canal 2470 Ft M/L to Pt on W/L Sec being 33 Ft M/L N of SW cor NW NW, N 977 Ft M/L to Pt being 313 Ft S of NW Cor of Sec, E 1110 Ft, N 313 Ft to Com Subj to Public Rd R/W along N and W/S and 25 Ft Canal R/W along SLY/S less S 13.5 acs (32 acs) 18.50 acs imps storage), LeBleu Settlement area of Ward Eight, Calcasieu Parish, Louisiana, and owned by Curtis Mae Stodder, et al.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 1756 Ira Breaux Road (Com at Pt on N/L Sec 17.9.7, Said Pt being E 1110 Ft from NW Cor Sec 17, Th E 814 Ft to C/L of 50 Ft Canal heading SWLY, th SWLY following C/L Meaders of said Canal 2470 Ft M/L to Pt on W/L Sec being 33 Ft M/L N of SW cor NW NW, N 977 Ft M/L to Pt being 313 Ft S of NW Cor of Sec, E 1110 Ft, N 313 Ft to Com Subj to Public Rd R/W along N and W/S and 25 Ft Canal R/W along SLY/S less S 13.5 acs (32 acs) 18.50 acs imps storage), LeBleu Settlement area of Ward Eight, Calcasieu Parish, Louisiana, and owned by Curtis Mae Stodder, et al., 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 2nd day of May, 2002, 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 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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the third piece of property located at 227 Goodman Road, Lake Charles area, Mr. Crain recommended that the manufactured home situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation. Hearing no comments, motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4363
AN ORDINANCE ordering demolition of one manufactured house on property located at 227 Goodman Road (Lot 13, Block 4, Vista Subdivision as per plat), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Frederick Eason.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 227 Goodman Road (Lot 13, Block 4, Vista Subdivision as per plat), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Frederick Eason, 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 2nd day of May, 2002, 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/ Enos Derbonne, President
/s/S. Mark McMurry, Administrator & Ex-Officio Secretary
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With reference to the fourth piece of property located at 3280 Laurel Avenue, Lake Charles area, Mr. Crain recommended that the storage building situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation. Hearing no comments, motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4364
AN ORDINANCE ordering demolition of one storage building on property located at 3280 Laurel Avenue (Lot 3, Block 3, Pine Hills Subdivision, 14.9.8 and Adj S 40 Ft Pine Hills Subdivision), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Mrs. Oza Fontenot, et al.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 storage building on property located at 3280 Laurel Avenue (Lot 3, Block 3, Pine Hills Subdivision, 14.9,8 and Adj S 40 Ft Pine Hills Subdivision), Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and owned by Mrs. Oza Fontenot, et al, 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 2nd day of May, 2002, and is final unless appealed within five (5) days.
SECTION 2. If the storage building 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 storage building, 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 storage building was situated for the cost of demolishing and removing said storage building, 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 storage building, 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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
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With reference to the fifth piece of property located at 4016 Sherry Street, Sulphur area, Mr. Crain recommended that the manufactured home situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation. Hearing no comments, motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4365
AN ORDINANCE ordering demolition of one manufactured home on property located at 4016 Sherry Street (Lot 42, Rosemont No. 5 (Part No. 1), Sulphur area of Ward Four, Calcasieu Parish, Louisiana), and owned by Jiemel Vincent, et ux.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 4016 Sherry Street (Lot 42, Rosemont No. 5 (Part No. 1), Sulphur area of Ward Four, Calcasieu Parish, Louisiana), and owned by Jiemel Vincent, 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 2nd day of May, 2002, 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 theroperty 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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
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With reference to the sixth piece of property located at 8049 Miles Road, Lake Charles area, Mr. Crain recommended that the house situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation, and Ms. Ruby Hendricks Pickering appeared before the Police Jury. She stated that she was purchasing this property from her mother, Viola Marie Hendricks Miles Swire. Ms. Pickering advised that the problems with the property had been caused by vandalism, and she was still going to court over it but that the deed to the property should change hands in the coming week. Ms. Pickering asked for an extension in order to make the necessary repairs to the house because she planned to move into it.
In answer to a question from Mr. Kleckley as to how much additional time was needed, Ms. Hendricks stated that her lending institution wanted to know what action was taken by the Police Jury on this date. Mr. Kleckley asked Ms. Hendricks what she planned to accomplish if the Police Jury were to give her a 90-day extension, to which she answered that she had gotten quotes on what needed to be repaired, and it would cost less than $15,000. She further stated that a 90-day extension would be sufficient.
Motion was then made by Mr. Kleckley and seconded by Mrs. Treme that a 90-day extension be granted to the owner of property located at 8049 Miles Road, Lake Charles, in order to make the necessary repairs to the property.
Mr. Andrepont asked Ms. Hendricks if she was sure the house was repairable given the list of deficiencies found by the parish's inspector, and Ms. Hendricks expressed confidence in her ability to repair it.
A vote taken on the motion on the floor carried unanimously.
With reference to the seventh piece of property located at 1601 Nolia Street, Sulphur area, Mr. Crain recommended that the manufactured home situated thereon be condemned and removed within thirty days.
President Derbonne 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. McMillin and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4366
AN ORDINANCE ordering demolition of one manufactured home on property located at 1601 Nolia Street (Lot 5 Luke Henry Subdivision also described as: Com 924.8 Ft W and 244 Ft N of SE cor NE NE 4.10.10 (which is 204 Ft N and 155 Ft W of Intersection of W/L Eva St with N/L Parish Rd), Th N 85.5 Ft, W 155 Ft etc.), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Sarah Jane Johnson Finkleman.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 1601 Nolia Street (Lot 5 Luke Henry Subdivision also described as: Com 924.8 Ft W and 244 Ft N of SE cor NE NE 4.10.10 (which is 204 Ft N and 155 Ft W of Intersection of W/L Eva St with N/L Parish Rd), Th N 85.5 Ft, W 155 Ft etc.), Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and owned by Sarah Jane Johnson Finkleman, 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 2nd day of May, 2002, 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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the eighth piece of property located at 102 Balboa Street, Lake Charles area, Mr. Crain advised that no action was necessary due to the fact that the owners of the house located on said property had complied with the parish's requirements.
With reference to the ninth piece of property located on LaFleur Road, LeBleu Settlement area, Mr. Crain recommended that the house situated thereon be condemned and removed within thirty days.
President Derbonne asked if anyone was present in the audience to discuss this proposed condemnation and hearing no comments, motion was made by Mr. Collins, seconded by Mrs. Griffin and carried unanimously that the staff's recommendation be accepted and that the following ordinance be adopted:
ORDINANCE NO. 4367
AN ORDINANCE ordering demolition of one house on property located on LaFleur Road (Com 208.7 Ft S and 521.8 Ft W of NE cor SW NE 4.9.7 Th S 290.65 Ft W
137.2 Ft etc - Imps R/H), LeBleu Settlement area of Ward Eight, Calcasieu Parish, Louisiana, and owned by Martha M. Leslie Miller.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2nd day of May, 2002, 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 on LaFleur Road (Com 208.7 Ft S and 521.8 Ft W of NE cor SW NE 4.9.7 Th S 290.65 Ft W 137.2 Ft etc - Imps
R/H), LeBleu Settlement area of Ward Eight, Calcasieu Parish, Louisiana, and owned by Martha M. Leslie Miller, 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 2nd day of May, 2002, 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 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/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the tenth and final piece of property located at 7774A Highway 90 East, Lake Charles area, Mr. Crain recommended that action thereon be deferred for thirty days in order to provide additional notification to the property owner.
President Derbonne 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. Treme and carried unanimously that action thereon be deferred for thirty days, in accordance with the staff's recommendation.
President Derbonne advised that discussion would resume on the matter that was being discussed prior to the 6:00 public hearing. He pointed out that there was a motion on the floor which was made by Mrs. Griffin and seconded by Mr. Clement that a resolution be adopted ordering and calling a special election to be held on July 20, 2002, in Sales Tax District No. 4-A of Calcasieu Parish, for authority to extend the levy and collection of an existing 1˝% sales and use tax for a ten-year period beginning October 1, 2002, to be dedicated and used to continue improving, resurfacing and maintaining Parish roads, enhancing the quality of parish road drainage, constructing and improving arterial transportation routes and major intersections, providing additional funding for the rural transportation system, and authority to fund the proceeds of the tax into bonds for such purposes.
Mr. Clement asked when the solid waste collection contract would expire and whether there would be an additional expense when that happened, to which Mr. McMurry responded that said contract would expire at the end of 2002. He further stated that it would depend on what the rates were across the state but that he anticipated it to be close to the amount the Parish was currently paying with perhaps an increase based on the CPI (consumer price index).
Mrs. August stated that she was pleased that the tax proposition would include funding for the rural transportation system. She pointed out that with this system, people were going to the doctor and places they had never had transportation to go to before and that the clientele was steadily increasing. Mrs. August stated that it would be good to know that the Parish would have some money in reserve for use in obtaining grants for operation of the program.
Mr. Kleckley asked if there was any specific information available relative to extension of the tax and enhancement of roadside ditches. Mr. McMurry advised that Mr. Vickers had recently met with individuals on the state level, and a plan would ultimately come before the Police Jury's wastewater committee. Mr. McMurry further advised that the Police Jury could not take the tax money and do sewer systems with it, since that would be illegal because of the industrial districts, but that with the tax money, the Police Jury could make sure that monitoring of the systems was being done and that they were working as they were designed to.
Mr. Kleckley asked if the tax would address erosion and roadside drainage, to which Mr. McMurry stated that a ditch was "part and parcel" of a road and that ditches that drain a road were almost as much protection for the roadbed as anything. He pointed out that as the parish improved roads, the shoulders and ditches were also being improved. Mr. McMurry stated that one of the key things that could be accomplished with an extension of the tax would be the widening of existing arterial roads, putting in turn lanes, and installing culverts at intersections instead of having large ditches where erosion was taking place which would also increase safety.
Mrs. Treme stated that all of the jurors had low-lying areas in their districts and that roads in those areas could be built up and improved so that people did not get blocked in by rising water. She further stated that she was excited that the Police Jury would be able to do some things it could not do before if the tax passed.
A vote was then taken on the motion on the floor, and said motion carried unanimously; whereupon, the following resolution was adopted:
RESOLUTION
A resolution ordering and calling a special election to be held in Sales Tax District No. 4-A of Calcasieu Parish, Louisiana, for authority to extend the levy and collection of the existing 1˝% sales and use tax for a ten-year period beginning October 1, 2002, to be dedicated and used to continue improving, resurfacing and maintaining Parish roads; enhancing the quality of Parish road drainage; constructing and improving arterial transportation routes and major intersections; providing additional funding for the rural transportation system; and authority to fund the proceeds of the tax into bonds for such purposes; making application to the State Bond Commission in connection therewith; and employing bond counsel.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, acting as the governing authority of Sales Tax District No. 4-A of Calcasieu Parish, Louisiana, as follows:
SECTION 1. Subject to the approval of the State Bond Commission and under the authority conferred by Article 6, Section 19, 29 and 30 of the Louisiana Constitution of 1974; Section 2721.6 of Title 33; and Sub-Part F of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended; the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended; and other constitutional and statutory authority, a special election be and the same is hereby called and ordered to be held in Sales Tax District No. 4-A of Calcasieu Parish, Louisiana (the "District"), acting through this Police Jury of the Parish of Calcasieu, Louisiana, the governing authority thereof (the "Police Jury"), on July 20, 2002, between the hours of six o'clock (6:00) a.m. and eight o'clock (8:00) p.m., in compliance with the provisions of Section 541 of Title 18 of the Louisiana Revised Statutes of 1950, as amended (R.S. 18:541), and at the said election there shall be submitted to all registered voters of the District qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution and laws of the United States, the proposition set forth in Section 2 hereof. Sales Tax District No. 4-A of Calcasieu Parish, Louisiana, includes all of the territory contained within the boundaries of Wards 2 through 8, inclusive, of Calcasieu Parish, Louisiana, less and except all territory situated within the corporate limits of municipalities in said wards as said municipal corporate limits are fixed as of the date of adoption of this resolution.
SECTION 2. Voting machines shall be used in the conduct of the election, and the proposition to be submitted on the ballot in said voting machines shall be in substantially the following form:
SALES TAX CONTINUATIONPROPOSITION
SUMMARY: AUTHORITY TO EXTEND THE LEVY AND COLLECTION OF THE EXISTING 1˝% SALES AND USE TAX FOR A TEN-YEAR PERIOD BEGINNING OCTOBER 1, 2002, TO BE DEDICATED AND USED TO CONTINUE IMPROVING, RESURFACING AND MAINTAINING PARISH ROADS; ENHANCING THE QUALITY OF PARISH ROAD DRAINAGE; CONSTRUCTING AND IMPROVING ARTERIAL TRANSPORTATION ROUTES AND MAJOR INTERSECTIONS; PROVIDING ADDITIONAL FUNDING FOR THE RURAL TRANSPORTATION SYSTEM; AND AUTHORITY TO FUND THE PROCEEDS OF THE TAX INTO BONDS FOR SUCH PURPOSES.
Shall Sales Tax District No. 4-A of Calcasieu Parish, Louisiana (the "District"), under the provisions of Article VI, Sections 19, 29 and 30 of the Constitution of Louisiana of 1974, and other constitutional and statutory authority, be authorized to extend for a period of ten years from October 1, 2002, the levy and collection of an existing tax of one and one-half percent (1˝%) (the "Tax") now being levied and collected pursuant to an election held in the District on July 18, 1992, upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services in the District, all as presently or hereafter defined in La. R.S. 47:301 to La. R.S. 47:317, inclusive, with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax) to be dedicated and used as follows: to continue improving, resurfacing and maintaining Parish roads in the District, including enhancing the quality of drainage affecting Parish roads; improving arterial transportation routes and major intersections in the District; and providing additional funding for the rural transportation system; and shall the District be further authorized to fund the proceeds of the Tax into bonds, to be issued in series from time to time to pay the capital costs of the foregoing improvement projects in the District, to the extent and in the manner permitted by the laws of Louisiana, including, but not limited to, Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended?
SECTION 3. The Parish Secretary be and he is hereby authorized to publish in the Lake Charles American Press, a newspaper published in Lake Charles, Louisiana, having general circulation in the District, and being the official journal of the District, once a week for four (4) consecutive weeks, with not less than forty-five (45) nor more than ninety (90) days intervening between the date of the first publication and the date of 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 as if set forth herein in full.
SECTION 4. This election will be conducted using the established polling places as the same are hereby designated in Exhibit A hereto. The Parish Board of Election Supervisors shall appoint Commissioners of Election and alternate Commissioners for each precinct, all of whom shall meet the qualifications set forth in Part II of Chapter V of Title 18 of the Louisiana Revised Statutes of 1950. The Commissioner-in-Charge for each precinct shall be the Commissioner-in-Charge selected or appointed for such precinct under the provisions of Part II of Chapter V of Title 18 of the Louisiana Revised Statutes of 1950. All registered voters of the District are entitled to vote at the said election and voting machines shall be used in the conduct of the said election. A compiled statement of qualified voters shall be provided to all polling places in the conduct of the election. The Notice to Voters as set out in Exhibit A indicates for each precinct as to whether or not all registered voters in the precinct will be eligible to vote on the proposition.
SECTION 5. The officers confirmed or designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in compliance with Section 1287 of Title 18 of the Louisiana Revised Statues of 1950, as amended (R.S. 18:1287) shall hold the said special election as herein provided, and make due returns of said special election to the Police Jury of Calcasieu Parish, Louisiana (the "Police Jury"), and Clerk of Court of the Parish of Calcasieu, Louisiana (the "Parish"), and the Police Jury shall promulgate the results of said election as provided in Section 6 hereof. The compensation of said officers be and the same is hereby fixed at the sum prescribed by R.S. 18:424 and R.S. 18:425.
SECTION 6. The Police Jury shall meet at its temporary meeting place, Courtroom A of the Calcasieu Parish Courthouse, at 1000 Ryan Street, Lake Charles, Louisiana, on the 1st day of August, 2002, at 5:30 o'clock 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 said special election.
SECTION 7. The Parish Secretary be and he is hereby empowered, authorized and directed to arrange for the said special election, and to furnish to the said election officers in ample time for the holding of said election the necessary equipment, forms and other paraphernalia essential to the proper holding of said election.
SECTION 8. Certified copies of this resolution shall be forwarded to the Secretary of State, to the Commissioner of Elections of the State of Louisiana, to the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish, and to the Parish Registrar of Voters 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, provided, however, that such notice shall be received by said officials on or before the forty-sixth (46th) day prior to the election.
SECTION 9. Application be and the same is hereby formally made to the State Bond Commission for consent and authority to hold the aforesaid special election as herein provided and in the event said proposition carries, for the Commission's consent and authority to levy and collect said tax and to fund the tax into bonds from time to time, as provided for in the proposition above. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the District, together with a letter requesting the prompt consideration and approval of this application.
SECTION 10. 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 (28 C.F.R. 51.25) shall be submitted to the United States Attorney General for approval in compliance with the said Voting Rights Act.
SECTION 11. A real necessity is hereby found for the employment of special counsel to assist this Police Jury in the conduct of the election and in connection with the issuance of bonds, certificates or other evidences of indebtedness (hereinafter referred to as the "bonds") secured by the Tax, and accordingly, Fred G. Benton, Jr., of Benton, Benton & Benton P.L.C., and Foley & Judell, L.L.P., as co-bond counsel, are hereby employed and requested to do and perform comprehensive legal and coordinate professional work with respect to assisting the Police Jury in conducting the election, and in the issuance of bonds by the District, secured by the Tax. Said bond counsel shall prepare and submit to this Police Jury for adoption all proceedings incidental to the conduct of the election, and to the authorization, issuance, sale and delivery of the bonds, and shall counsel and advise this Police Jury as to the conduct of the election in the issuance, sale and delivery of bonds, and shall furnish their opinion covering the legality of other bonds. The fee of bond counsel for legal work with respect to the issuance, sale and delivery of the bonds is hereby fixed at a sum not to exceed the fee allowed by the Attorney General's fee guidelines for comprehensive legal and coordinate professional work in the issuance of revenue bonds, based on the amount of said bonds actually issued, sold and delivered and paid for (as shown on Exhibit B hereto), plus out-of-pocket expenses, said fee to be payable solely out of funds derived from the sale of said bonds, and to be contingent upon the issuance, sale and delivery of the bonds, if any bonds are issued. The fee of special counsel in connection with assisting the Police Jury in the conduct of the election shall be a sum not to exceed the fee allowed by the Attorney General's hourly fee schedule (as appears in Exhibit B hereto), plus out-of-pocket expenses, provided that in the event bonds are issued, there shall be deducted from the election work fee an amount covered by the bond counsel fee, and the balance due, if any, shall be subject to the approval of the executive officers. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fee herein designated. The provisions of this section shall constitute an employment agreement when duly accepted and signed by the attorneys in the space provided below.
SECTION 12. All orders, resolutions, and ordinances in conflict herewith be and they are hereby repealed.
The foregoing resolution was submitted to a vote, and the vote thereon was as follows:
YEAS: Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornelius "Cornie" Moon, and Mrs. Sandy Treme.
NAYS: None
ABSENT: None
NOT VOTING: President Derbonne
14 yeas; 0 nays; 0 absent, and the resolution was declared adopted on this 2nd day of May, 2002.
ATTEST:
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary
The foregoing employment is hereby accepted.
Benton, Benton & Benton P.L.C. Foley & Judell, L.L.P. EXHIBIT A NOTICE OF SPECIAL ELECTION Pursuant to the provisions of a resolution adopted by the Police Jury of Calcasieu Parish, Louisiana, the governing authority of Sales Tax District No. 4-A of
Calcasieu Parish, Louisiana, on May 2, 2002, NOTICE IS HEREBY GIVEN that a special election will be held in Sales Tax District No. 4-A, on July 20, 2002, and that
at said election there will be submitted to all registered voters of Sales Tax District No. 4-A of Calcasieu Parish, Louisiana, 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, to-wit: SALES TAX CONTINUATION PROPOSITION SUMMARY: AUTHORITY TO EXTEND THE LEVY AND COLLECTION OF THE EXISTING 1˝% SALES AND USE TAX FOR A TEN-YEAR PERIOD BEGINNING
OCTOBER 1, 2002, TO BE DEDICATED AND USED TO CONTINUE IMPROVING, RESURFACING AND MAINTAINING PARISH ROADS; ENHANCING THE
QUALITY OF PARISH ROAD DRAINAGE; CONSTRUCTING AND IMPROVING ARTERIAL TRANSPORTATION ROUTES AND MAJOR INTERSECTIONS;
PROVIDING ADDITIONAL FUNDING FOR THE RURAL TRANSPORTATION SYSTEM; AND AUTHORITY TO FUND THE PROCEEDS OF THE TAX INTO BONDS
FOR SUCH PURPOSES. Shall Sales Tax District No. 4-A of Calcasieu Parish, Louisiana (the "District"), under the provisions of Article VI, Sections 19, 29 and 30 of the Constitution of
Louisiana of 1974, and other constitutional and statutory authority, be authorized to extend for a period of ten years from October 1, 2002, the levy and collection
of an existing tax of one and one-half percent (1˝%) (the "Tax") now being levied and collected pursuant to an election held in the District on July 18, 1992, upon the
sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services in the District,
all as presently or hereafter defined in La. R.S. 47:301 to La. R.S. 47:317, inclusive, with the proceeds of the Tax (after paying the reasonable and necessary costs
and expenses of collecting and administering the Tax) to be dedicated and used as follows: to continue improving, resurfacing and maintaining Parish roads in the
District, including enhancing the quality of drainage affecting Parish roads; improving arterial transportation routes and major intersections in the District; and
providing additional funding for the rural transportation system; and shall the District be further authorized to fund the proceeds of the Tax into bonds, to be
issued in series from time to time to pay the capital costs of the foregoing improvement projects in the District, to the extent and in the manner permitted by the
laws of Louisiana, including, but not limited to, Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended? NOTICE IS HEREBY GIVEN that Sales Tax District No. 4-A includes all of the territory contained within the boundaries of Wards 2 through 8, inclusive, of
Calcasieu Parish, Louisiana, less and except all territory situated within the corporate limits of municipalities in said wards as said municipal corporate limits are fixed
as of May 2, 2002. NOTICE IS HEREBY FURTHER GIVEN that said special election will be held at all polling places which are situated within the boundaries of Sales Tax District No.
4-A of Calcasieu Parish, Louisiana, which polls will open at six o'clock (6:00) a.m. and close at eight o'clock (8:00) p.m., in compliance with the provisions of Section
541 of Title 18 of the Louisiana Revised Statutes of 1950, as amended (R.S. 18:541). All registered voters in each of the following precincts shall be eligible to vote
on the proposition, except in those precincts designated "(part)," in which precincts only those voters in the precincts who reside within the limits of Sales Tax
District No. 4-A will be qualified and entitled to vote in the election: Precinct Polling Place 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 309 (part) Foreman-Reynaud YMCA, 215 Albert Street, Lake Charles 313 (part) John F. Kennedy Elementary School, 2001 Russell Street, Lake Charles 336 (part) A. A. Nelson Elementary School, 1001 Country Club Road, Lake Charles 338 (part) Forrest K. White Middle School, 1000 E. McNeese Street, Lake Charles 360 Ward Three Fire Protection District No. Two Fire Station, 3088 Old Town Road, Lake Charles 361 Waterworks District No. Five of Ward Three Office, 300 Deshotel Street, Lake Charles 362 (part) Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles 363 (part) Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles 364 (part) Fairview Elementary School, 3955 Highway 14, Lake Charles 365 (part) St. John Elementary School, 5282 Weaver Road, Lake Charles 366 (part) Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles 367 St. John Elementary School, 5282 Weaver Road, Lake Charles 368 St. John Elementary School, 5282 Weaver Road, Lake Charles 369 M. J. Kaufman Elementary School, 301 Tekel Road, Lake Charles 370 Calcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles 371 Calcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles 400 (part) D. S. Perkins Elementary School, 565 North Crocker Street, Sulphur 404 (part) R. W. Vincent Elementary School, 1634 Arizona Street, Sulphur 405 (part) Center Circle Recreation Building, 80 Center Circle, Maplewood 406 (part) W. T. Henning Elementary School, 774 Henning Drive, Sulphur 440 (part) Westlake High School, 1000 Garden Drive, Westlake 441 (part) S. P. Arnett Middle School, 400 Sulphur Avenue, Westlake 460 Ward Four Fire Protection District No. Four Fire Station, 789 W. Houston River Road, Sulphur 461 (part) Mossville Recreation Center, 3825 Old Spanish Trail, Mossville 462 (part) S. P. Arnett Middle School, 400 Sulphur Avenue, Westlake 463 (part) Westlake High School, 1000 Garden Drive, Westlake 464 Riverside Park Pavilion, 1700 Miller Avenue, Westlake 465 Frasch Park Recreation Center, 400 Picard Road, Sulphur 466 Carlyss Fire Station, 5151 Volunteer Road, Carlyss 467 Carlyss Fire Station, 5151 Volunteer Road, Carlyss 468 Ward Four Recreation - Carlyss Complex, 6043 Carlyss Drive, Carlyss 469 Ward Four Recreation - Carlyss Complex, 6043 Carlyss Drive, Carlyss 560 Starks School, 137 Highway 109 South, Starks 561 Starks School, 137 Highway 109 South, Starks 562 Edgerly Fire Station, 2205 Edgerly Road, Vinton 600 (part) DeQuincy High School, 207 North Overton, DeQuincy 603 (part) Calcasieu Parish Health Unit, DeQuincy Branch, 618 Center Street, DeQuincy 660 (part) Ward Six Fire Protection District No. One, Company No. One Fire Station, 1271 Highway 27 North, DeQuincy 661 (part) Ward Six Fire Protection District No. One, Company No. Two Fire Station, 4775 Highway 27, DeQuincy 662 Ward Six Fire Protection District No. One, Company No. Two Fire Station, 4775 Highway 27, DeQuincy 663 Ward Six Fire Protection District No. One, Company No. Three Fire Station, 3533 Highway 27, DeQuincy 664 Ward Six Fire Protection District No. One, Company No. Three Fire Station, 3533 Highway 27, DeQuincy 702 (part) Vinton High School, 1603 Grace Street, Vinton 760 Ward Seven Fire Station, 2815 Foreman Road, Vinton 761 Ward Seven Fire Station, 2815 Foreman Road, Vinton 762 Edgerly Fire Station, 2205 Edgerly Road, Vinton 800 (part) Iowa High School, 401 Miller Street, Iowa 801 (part) J. I. Watson Elementary School, 221 East First Street, Iowa 860 LeBleu Fire Station, 6443 Highway 3059, Iowa 861 Ward Eight Fire Protection District No. Two Fire Station, 3395 Manchester Road, Manchester The said special election will be held in accordance with the provisions of the Louisiana Election Code (Title 18 of the Louisiana Revised Statutes), including Chapters
5 and 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and constitutional and statutory authority supplemental thereto. The appointment of
Commissioners-in-Charge, Commissioners of election and alternate Commissioners for each of the foregoing precincts, in accordance with the provisions of the
Louisiana Election Code, are hereby approved and confirmed, and such election officials shall conduct the election herein provided for and make due returns thereof
to the Clerk of Court of the Parish of Calcasieu, Louisiana, and to the Police Jury of Calcasieu Parish, Louisiana (the "Police Jury"), the governing authority of Sales
Tax District No. 4-A of Calcasieu Parish, Louisiana (the "District"). NOTICE IS HEREBY FURTHER GIVEN that the Police Jury will meet at its temporary meeting place, Courtroom A of the Calcasieu Parish Courthouse, at 1000 Ryan
Street, Lake Charles, Louisiana, on the 1st day of August, 2002, at 5:30 o'clock 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 said special election. All registered voters of the District, in each of the precincts, are entitled to vote at said special election; voting machines will be used; and assessed valuations shall
not be voted in the conduct of the said election. THUS DONE AND SIGNED at Lake Charles, Louisiana, on this 2nd day of May, 2002. ATTEST: /s/ Enos Derbonne, President /s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary * * * * * * * * * * * * Upon motion made by McMillin, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was adopted: COVENANT RESOLUTION A resolution adopting official covenants and entering contract with the voters of Sales Tax District No. 4-A of Calcasieu Parish, Louisiana, for the 1˝% sales tax
election of July 20, 2002. BE IT RESOLVED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, LOUISIANA: <
/s/ Benton, Benton & Benton P.L.C.
/s/ Foley & Judell, L.L.P.