December 5, 2002 

                                                                                    Lake Charles, Louisiana

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 5, 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 and Elizabeth Conway Griffin; and Messrs. Francis Andrepont, 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: Mrs. Sandra J. Treme and Mr. Algie Breaux (both out-of-town for Louisiana Police Jury Association Executive Board Meeting)

            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 the Office of Emergency Preparedness, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, 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.

            The Jesse D. Clifton Elementary Fourth Grade Choir led by Ms. Karen Batchelor presented a Christmas concert, and the performance was applauded by all present.

            President Derbonne recognized Mr. Mike Dees, General Counsel for the Port of Lake Charles, as being present at the meeting on this date.

            President Derbonne advised that no action was necessary on applications for liquor and beer permits due to the fact that no applications had been submitted.

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

            It was moved by Mrs. August, seconded by Mr. Manuel and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated November 7, 2002, and the reading of same was dispensed with.

            Motion was made by Mrs. August, seconded by Mr. McMillin and carried unanimously that the Agenda Committee Report dated November 26, 2002, be approved as follows:

AGENDA COMMITTEE REPORT

November 26, 2002

            A meeting of the Agenda Committee was held on Tuesday, November 26, 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. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Mr. Don Manuel, Dr. Charles S. Mackey, Mr. Hal McMillin, Mr. Cornie Moon, and Mrs. Sandra Treme

Absent: None

            Also present were Mr. S. Mark McMurry, Mrs. Coleen Clark, Mr. Richard Gremillion, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mr. Gerry Trahan, 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 December 5, 2002.

            Following review of the items to be considered by the Police Jury on December 5^th, it was unanimously recommended that the proposed agenda be accepted.

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

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

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            Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the Public Works Committee Report dated November 26, 2002, was approved as follows:

PUBLIC WORKS COMMITTEE REPORT

November 26, 2002

_______________________________________

        A meeting of the Public Works Committee was held on Tuesday, November 26, 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, Mrs. Luvertha August, Mr. Algie Breaux, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Hal McMillin and Mrs. Sandra Treme

            Absent: None

            Also present were Mr. S. Mark McMurry, Mrs. Coleen Clark, Mr. Richard Gremillion, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.

            Said Committee:

(1)        Recommended that action be deferred until the Regular Meeting on December 5, 2002, in order to allow an opportunity for further study relative to a recommendation on SV-04-004-02 which was a request by Sabrina Graham for a subdivision variance to allow residential development without public road frontage off Brian Street in Ward Four, Police Jury District 13. Ms. Sabrina Graham, 646 Brian Street, Sulphur, appeared before the Committee to speak in favor of this request. (The Planning and Zoning Board met on Tuesday, November 19, 2002, and voted unanimously to recommend that the request be denied.)

(2)       Recommended that the annual rabies licensing fee for animals be increased to $6.00 and that further review be given to this matter during budget preparations for FY 2004 as to whether another increase would be necessary. Dr. Michael Woodward of University Animal Clinic, 623 East McNeese Street, Lake Charles, appeared before the Committee and pointed out the following concerns: (a) the public should be made aware that any increase in the total vaccination fee charged by the veterinarians would be due to an increase in the license fee and not the veterinarians’ fee; (b) the paperwork problems associated with collecting a different license fee for altered versus unaltered animals; and (c) the possibility that an increase in the license fee might result in a reduction in overall participation in rabies vaccination, particularly in the annual rabies vaccination drive, which would be counter-productive to the primary purpose of Animal Control, that being the control of rabies.

(Note: the licensing fee for animals vaccinated at the veterinarians’ offices has been $4.00 for the past 15 years, which is below the State law allowance of $16.00. The Animal Control Advisory Committee met on August 26, 2002, and recommended that the fee be increased to $5.00 for altered animals and $10.00 for unaltered animals. The Committee also recommended that 5% of this fee be returned to the participating veterinarians to offset handling expenses. The Police Jury deferred action on November 7, 2002, to allow for additional input.)

(3)       Recommended that an existing ordinance regulating the speed limit on the following road in Ward 1 be amended:

            •             Cancel 40-mph and establish 45-mph on Gillis Cutoff Road

(4)       Recommended that the Division of Engineering and Public works be authorized to execute the necessary documents for expropriation of right-of-way from Mr. Charles Dronett, Mr. Kenneth Lake, Jr., Mr. Edward Laszcz, Mr. Ralph Lewing, and Ms. Gwen Stewart on Nelson Road in Ward 3, Calcasieu Parish Project No. 1999-07.

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            With respect to Recommendation No. 1 of the Public Works Committee, Mr. Vickers advised that the staff of the Division of Planning and Development had met with Ms. Graham relative to her request for a subdivision variance and had reached a compromise with her. Mr. Vickers further advised that the net effect of the staff’s recommendation was that one additional manufactured home would be permitted for a total of three manufactured homes on the property.

            Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that SV-04-004-02 which was a request by Ms. Sabrina Graham for a subdivision variance to allow residential development without public road frontage off Brian Street in Ward Four, Police Jury District 13, be granted with the stipulation as outlined by Mr. Vickers on this date to allow one additional manufactured home, for a total of three manufactured homes on the subject property, and further, with the stipulations previously outlined by the staff on the zoning brief which were (1) that development adhere to the site plan on file with the Division of Planning and Development, (2) that the proper permits must be obtained within 30 days of zoning approval, and (3) that the manufactured homes must be skirted prior to utilities being connected.

            With reference to Recommendation No. 2 of the Public Works Committee, Mr. McMurry pointed out that the Committee had not taken official action to approve the Animal Control Advisory Committee’s recommendation that five percent (5%) of the licensing fee for animals vaccinated at veterinarians’ offices be returned to the participating veterinarians to offset handling expenses. He stated that he felt it was the Committee’s intent to approve that, but it had not been addressed at the meeting.

            It was moved by Mr. Andrepont, seconded by Mr. Clement and carried unanimously to approve Recommendation No. 2 of the Public Works Committee as outlined heretofore, and further, that five percent (5%) of the licensing fee for animals vaccinated at veterinarians’ offices be returned to the participating veterinarians to offset handling expenses.

            Upon motion made by Mr. Manuel, which was duly seconded by Mr. Landry and carried unanimously, Recommendation No. 3 of the Public Works Committee as stated heretofore was approved, and the following ordinance was adopted:

                                                                        ORDINANCE NO. 4454

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 Gillis Cutoff 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. 17-67, Forty miles per hour, of the Code of Ordinances is amended by removing the following road in the provisions of said section:

            Gillis Cutoff Road in Ward 1

            SECTION 2.   Sec. 17-68, Forty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

            Gillis Cutoff 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 5^th day of December, 2002.

                                                                                    /s/ Enos Derbonne, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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            Motion was made by Mr. Andrepont, seconded by Mr. Clement and carried unanimously that Recommendation No. 4 of the Public Works Committee as outlined heretofore be approved; whereupon, the following resolutions were adopted:

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of December, 2002, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 26, Township 10 South, Range 9 West, necessary for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07), said property being owned by Charles Lee Dronette, and more particularly described as follows:

Commencing at the Southeast corner of the Northeast Quarter of Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence N 0^○ 54' 16" E along the East line of said Northeast Quarter a distance of 236.9 feet, thence West 30.0 feet to the West Right of Way line of Nelson Road and point of beginning, thence N 0^○ 54' 16" E along said West Right of Way line a distance of 110.0 feet, thence N 89^○ 35' 40" W a distance of 8.35 feet, to the beginning of a curve that is concave to the West that has a radius of 22873.31, a central angle of 0^○ 16' 32" and a chord bearing of S 0^○ 30' 22" E, thence Southerly along said curve a distance of 110.01 feet, thence S 89^○ 35' 40" E a distance of 5.64 feet to point of beginning. Contains 0.018 acres more or less.

        THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY 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 5^th day of December, 2002, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 26, Township 10 South, Range 9 West, necessary for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07), said property being owned by Kenneth Brandt Lake, Jr., and more particularly described as follows:

TRACT “A”

Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter of Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence S 0^○ 54' 16" W along the East line of said Southeast Quarter of Northeast Quarter a distance of 257.26 feet, thence S 89^○ 05' 44" W a distance of 40.0 feet to the West Right of Way line of Nelson Road and point of beginning, thence S 0^○ 54' 16" W along said West Right of Way line a distance of 142.47 feet, thence N 89^○ 05' 41" E along said West Right of Way line a distance of 10.0 feet, thence S 0^○ 54' 16" W along said West Right of Way line a distance of 430.71 feet, thence S 89^○ 35' 46" W a distance of 13.40 feet, thence N 0^○ 59' 46" W a distance of 78.11 feet to the beginning of a curve concave to the East that has a radius of 22963.31 feet and a central angle of 1^○ 14' 12", thence Northerly along said curve a distance of 495.67 feet, thence N 89^○ 05' 44" W a distance of 17.07 feet to the point of beginning. Contains 0.249 acres more or less.

TRACT “B”

Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter of Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence West along the North line of said Southeast Quarter of Northeast Quarter a distance of 30.0 feet to the West Right of Way line of Nelson Road and point of beginning, thence S 0^○ 54' 16" W along said West Right of Way line a distance of 50.0 feet, thence S 89^○ 05' 45" W a distance of 10.0 feet, thence S 0^○ 54' 16" W along said West Right of Way line a distance of 105.43 feet, thence S 89^○ 05' 41" W a distance of 18.02 feet to the beginning of a non-tangent curve concave to the East that has a radius of 22963.31 feet, a central angle of 0^○ 23' 17" and a chord bearing of N 0^○ 41' 22" E, thence Northerly along said curve a distance of 155.67 feet to the North line of said Southeast Quarter of Northeast Quarter, thence East along said North line a distance of 28.60 feet to point of beginning. Contains 0.077 acres more or less.

TRACT “C”

Commencing at the Southeast corner of the Northeast Quarter of Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence N 0^○ 54' 16" E along the East line of said Northeast Quarter a distance of 186.9 feet, thence West 30.0 feet to the West Right of Way line of Nelson Road and point of beginning, thence N 0^○ 54' 16" E along said West Right of Way line a distance of 50.0 feet, thence West a distance of 5.64 feet, thence S 0^○ 18' 20" E a distance of 50.05 feet, thence East a distance of 4.6 feet to point of beginning. Contains 0.005 acres more or less.

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

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

RESOLUTION

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 5^th day of December, 2002, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 26, Township 10 South, Range 9 West, necessary for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07), said property being owned by Edward Christopher Laszcz, et ux, and more particularly described as follows:

Beginning at the Southwest corner of Lot 1, Block 5 of Crestview Subdivision Part 2, as recorded in Plat Book 34, Page 35 of the Records of Calcasieu Parish, Louisiana, thence N 0^○ 54' 16" E along the West line of said Lot 1 a distance of 119.53 feet to the South Right of Way line of South Crestview Drive, thence N 37^○ 25' 20" E along said South Right of Way line a distance of 25.19 feet, thence N 89^○ 58' 02" E along said South Right of Way line a distance of 35.89 feet, thence S 46^○ 22' 07" W a distance of 38.27 feet to the beginning of a non-tangent curve concave to the West that has a radius of 22963.31 feet, a central angle of 0^○ 18' 49" and a chord bearing of N 2^○ 25' 30" W, thence Southerly along said curve a distance of 125.69 feet to the South line of said Lot 1, thence N 58^○ 13' 53" W along said South line a distance of 23.61 feet to point of beginning. A 3.0 foot fence easement is to abut the East edge of this parcel, said fence not to be maintained by the Parish. A 7.0 foot wide Temporary Construction Servitude Easement is to run along the East edge of Fence Easement. Area of new Road Right of Way is 3468.36 square feet, 0.0796 acres more or less. Area of Fence Easement is 495.43 square feet, 0.0114 acres more or less. Area of Temporary Construction Easement is 1184.14 square feet, 0.0272 acres more or less.

        THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY 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 5^th day of December, 2002, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 26, Township 10 South, Range 9 West, necessary for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07), said property being owned by Ralph Lewing, and more particularly described as follows:

Commencing at the Southeast corner of the Northeast Quarter of Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence N 0^○ 54' 16" E along the East line of said Northeast Quarter a distance of 346.9 feet, thence West 30.0 feet to the West Right of Way line of Nelson Road and point of beginning, thence N 0^○ 54' 16" E along said West Right of Way line a distance of 165.14 feet, thence N 89^○ 35' 46" W a distance of 13.40 feet, thence S 0^○ 59' 43" E a distance of 24.89 feet to the beginning of a curve that is concave to the West that has a radius of 22873.31 feet and a central angle of 0^○ 21' 05" thence Southerly along said curve a distance of 140.29 feet, thence S 89^○ 35' 40" E a distance of 8.35 feet to point of beginning. Contains 0.041 acres more or less.

        THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY 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 5^th day of December, 2002, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 26, Township 10 South, Range 9 West, necessary for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07), said property being owned by Gwen Crow Stewart, and more particularly described as follows:

Commencing at the Southeast corner of the Northeast Quarter of Section 26, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence N 0^○ 54' 16" E along the East line of said Northeast Quarter a distance of 161.9 feet, thence West 30.0 feet to the West Right of Way line of Nelson Road and point of beginning, thence S 0^○ 54' 16" W along said West Right of Way line a distance of 275.0 feet to the North Right of Way line of Linden Lane, thence N 89^○ 35' 40" W along said North Right of Way line a distance of 0.55 feet, to the beginning of a non-tangent curve that is concave to the West that has a radius of 22873.31, a central angle of 0^○ 41' 11" and a chord bearing of N 0^○ 09' 42" E, thence Northerly along said curve a distance of 275.0 feet, thence S 89^○ 35' 40" E a distance of 4.1 feet to point of beginning. Contains 0.013 acres more or less.

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

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            Upon motion made by Dr. Mackey, which was duly seconded by Mrs. Griffin and carried unanimously, the following recommendations of the Director of the Division of Planning and Development were approved with reference to the Surplus Adjudicated Property Sale conducted on November 25, 2002, on the following properties:

AP03-004-02 (Tangueray Road)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,600.00 by Mr. Malcolm J. Boatner be accepted.

AP03-005-02 (Cherry Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $500.00 by Mr. Arnold Carey Batiste be accepted.

AP03-022-02 (1302 17^th Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $3,500.00 by Mr. Jody James Richard be accepted.

AP03-023-02 (Gulf Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $5,000.00 by Mr. Elton Joseph Duhon, Jr. be accepted.

AP03-025-02 (Corner of Easton and Legion Streets)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $2,500.00 by Mr. Mark Shepherd be accepted.

AP03-026-02 (Railroad Avenue)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,100.00 by Mr. Ronald J. Simien be accepted.

AP03-027-02 (Bank Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,100.00 by Mr. Ronald J. Simien be accepted.

AP03-033-02 (2728 11^th Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,100.00 by Mr. Ted Hobert be accepted.

AP03-035-02 (1618 Fournet Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,000.00 by Mount Calvary Baptist Church be accepted.

AP03-050-02 (624 Fournet Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $750.00 by Mr. Marshall Debra Curry be accepted.

AP03-051-02 (126 Moss Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,560.00 by Mr. Ted Hobert be accepted.

AP03-053-02 (411 Jackson Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $1,025.00 by Ms. Sheila Rusher LaRue be accepted.

AP03-054-02 (St. Dizier Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $560.00 by Mr. Ted Hobert be accepted.

AP03-058-02 (Prater Street)

The Director of the Division of Planning and Development recommended that all offers be rejected and requested permission to readvertise this property together with AP03-059-02 (Prater Street) due to the fact that it had been discovered that a home is located on both pieces of property.

AP03-059-02 (1610 Prater Street)

The Director of the Division of Planning and Development recommended that all offers be rejected and requested permission to readvertise this property together with AP03-058-02 (Prater Street) due to the fact that it had been discovered that a home is located on both pieces of property.

AP03-060-02 (1226-½ Opelousas/305 N. Franklin/309 N. Franklin

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $8,000.00 by Ms. Gloria Jean Labbe Carrington be accepted.

AP04-040-02 (1234 Laurel Avenue)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $6,000.00 by Sasol North America, Inc. be accepted.

AP04-041-02 (3^rd Avenue)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $3,000.00 by Sasol North America, Inc. be accepted.

AP06-044-02 (Corner of Bankens and Evelyn Street)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $5,100.00 by Mr. Kenneth Paul Lyons be accepted.

            As a result of the approval of the foregoing recommendations of the Director of the Division of Planning and Development, the following ordinances were adopted with respect to each piece of property:

ORDINANCE NO. 4455

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 49 Garden Heights Part 2. (AP03-004-02; Tax Assessment No. 472050); Tangueray Road in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Malcolm J. Boatner, his agent, or assign for the consideration of $1,600.00 (sixteen hundred dollars) cash, or to the highest offer or who submits an offer with a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

        WHEREAS, the Parish of Calcasieu owns property described as: Lot 49 Garden Heights Part 2. (AP03-004-02; Tax Assessment No. 472050); Tangueray Road in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

        WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

        WHEREAS, a request has been received by the Division of Planning & Development from Mr. Malcolm J. Boatner, to purchase said property for the consideration of $1,600.00 (sixteen hundred dollars) cash, at the time of sale; and

        WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

        WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Malcolm J. Boatner, for the offered consideration.

        NOW, THEREFORE,

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 5^th day of December, 2002, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

        Section 1.       The property described as: Lot 49 Garden Heights Part 2. (AP03-004-02; Tax Assessment No. 472050); Tangueray Road in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

            Section 2.       Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Malcolm J. Boatner, his agent, or assign for and in consideration of $1,600.00 (sixteen hundred dollars) . However, the President shall not execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing to the President the following:

            (1)        Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that purchaser or his agent has examined the mortgage records, conveyance records, probate and civil suit records of the Clerk of Court of Calcasieu Parish and attached to the certification a written list of the names and last known addresses of all owners, mortgagees, and any other person who might have vested or contingent interest in the property, or who has filed a request for notice as provided in LSA-R.S. 47:2261. Said written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchaser should fail to request notification to an interested party or should incorrectly identify or locate any interested party.

            (2)       Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.

            (3)       The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.

            (4)       Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.

            (5)       Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

            Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within one hundred twenty (120) days of adoption of this ordinance, the President is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within one year from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.

            Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

            This ordinance was adopted on the 5^th day of December, 2002.