December 19, 2002
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 19, 2002, in the Police Jury Meeting Room of the newly-renovated Parish Government Building, 1015 Pithon 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, Calvin Collins, Mike Danahay, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornelius “Cornie” Moon
Absent: Mr. Algie Breaux and Mr. Brent Clement
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, 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 Dr. Mackey which was followed by the Pledge of Allegiance led by Dr. Mackey. The roll was called with the result being as outlined above.
At this time Mr. Gremillion presented the Volunteer Firefighter Awards for the year 2002, pointing out that these individuals placed their lives on the line every time they responded to a call, and they were known for their leadership, compassion, and loyalty. Awards were presented to the following volunteers, and Mr. Gremillion gave a brief introduction of each recipient: Sam Funderburk, (Chief Degenhardt received certificate on his behalf), Ward One Fire Protection District No. One; Mr. Thomas Henry, Ward Three Fire Protection District No. Two (a.k.a. Cajun Country Fire Department); Mr. Jeremy Dickens, Ward Four Fire Protection District No. Two; Mr. Charles Duff, Ward Four Fire Protection District No. Three; Mr. Dean Lappe, Ward Four Fire Protection District No. Four (a.k.a. Houston River Fire Department); and Mr. Darrell Young, Ward Eight Fire Protection District No. Two.
Mr. Gremillion advised that a panel of judges consisting of Mr. Rocke Fournet, Mr. Bill Wilke, and Mr. Mason Lindsay, had chosen the recipient of the Calcasieu Parish Fire Fighter of the Year Award, and he presented a plaque to the recipient of said award, Mr. Dean Lappe of Ward Four Fire Protection District No. Four.
Mr. Lappe thanked the Police Jury for this honor, and Fire Chief A. J. Grevemberg expressed his appreciation for Mr. Lappe’s excellent service and mature decisions, pointing out that he did a “bang up job” as a fireman.
The recipients of the fire fighter awards were given a standing ovation.
Motion was made by Mr. Andrepont, seconded by Mr. Moon and carried unanimously that the following applications for liquor and beer permits be approved:
Punjab Petroleum, Inc.
Khalique Chaudhry – Pres.
112 Hwy. 171 North
Lake Charles, LA 70611 Beer – Pkg. – ‘2003 31.25
(Don Manuel’s District)
Roland & Lois, LLC
Shawn P. Saucier – Pres.
4101 Hwy. 90 East
Lake Charles, LA 70615 Liquor & Beer – ‘2003 168.75
(Algie Breaux’s District)
Rockin’ Sidney’s Festival City, LLC
Carol A. Barfield – Pres.
ROCKIN’ SIDNEY’S FESTIVAL CITY
4010 Goodman Lane
Lake Charles, LA 70615 Liquor & Beer – ‘2003 168.75
(Calvin Collins’ District)
Jason Trent Clark d/b/a
5512 Hwy. 14
Lake Charles, LA 70605 Beer – ‘2003 43.75
(Enos Derbonne’s District)
Khan Enterprises, LLC
Noor Khan – Member
5929 South Common Street
Lake Charles, LA 70605 Liquor & Beer – Pkg. – ‘2003 75.00
(Enos Derbonne’s District)
Fisherman’s Headquarters, Inc.
Charles C. Carr II – Vice Pres.
5340 Hwy. 27 South
Sulphur, LA 70665 Beer – Pkg. – ‘2003 31.75
(Brent Clement’s District)
Al. G. Barnes d/b/a
3609 Davis Road
Westlake, LA 70669 Liquor & Beer – ‘2003 168.75
(Hal McMillin’s District)
Reba’s Trails End, Inc.
Edgar J. Rachal – Pres.
3306 East Napoleon Street
Sulphur, LA 70663 Liquor & Beer – ‘2003 168.75
(Hal McMillin’s District)
Laughing H Bar & Grill, Inc.
Ronald R. Hernandez – Pres.
4507 Hwy. 27 South
Sulphur, LA 70665 Liquor & Beer – ‘2003 168.75
(Brent Clement’s District)
KLA, Inc.
Kathy M. LeJeune – Pres.
3306 East Napoleon Street
Sulphur, LA 70663 Liquor & Beer – ‘2003 135.00
(Hal McMillin’s District)
Circle A Mini Mart, Inc.
Kia Ty Kuynh – Pres.
1869 Hwy. 109 South
Vinton, LA 70668 Liquor & Beer – Pkg. – ‘2003 93.75
(Brent Clement’s District)
TOTAL REMITTTANCE: $1,254.25
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated November 21, 2002, were approved, and the reading of same was dispensed with.
It was moved by Mrs. August, seconded by Mr. Danahay and carried unanimously to adopt the following ordinance amending the Calcasieu Parish Code of Ordinances with reference to signs on walls or facades, in accordance with the recommendation of the Planning and Zoning Board which met on Tuesday, December 17, 2002, and which voted unanimously to recommend that the Code of Ordinances be amended:
ORDINANCE NO. 4474
AN ORDINANCE amending Chapter 26 - ZONING, Article II. Definitions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to include a new definition.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of December, 2002, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION I. Chapter 26 - ZONING, Article II. Definitions, is amended to include the following definition:
Sign, Wall or Facade: A sign painted on, attached to, or erected parallel to the face of a building, structure or accessory structure and supported throughout its length by such building, structure or accessory structure. For the purpose of this section, a sign attached to the side of a parapet or attached to the side of a truck trailer used solely for the storage of inventory, supplies and/or other essentials to the operation of the business will be considered a wall or facade sign.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 19th day of December, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary
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President Derbonne advised that action was needed on amending the Calcasieu Parish Code of Ordinances with reference to the filing of applications for a zoning amendment, rezoning, zoning variance, or exception. He further advised that the Planning and Zoning Board had met on Tuesday, November 19, 2002, and voted unanimously to recommend that the Code of Ordinances be amended as follows, and further, that on November 21, 2002, the Police Jury deferred action on this matter for thirty days: (Underlined text denotes proposed additions and struck-through text denotes proposed deletions.)
An applicant who files an application to petition for a zoning amendment or rezoning may withdraw the application to petition for zoning amendments or rezoning at any time up to its consideration by the police jury one time within one year from the date of the submission of the application at any time up to seven days prior to public hearing conducted by the board. Any request to withdraw an application within the seven day period shall be placed on the current agenda for action by the board to approve or disapprove the withdrawal request. The board shall consider no further requests for withdrawal for a period of one year from the date of the submission of the application. However, if the application to petition is withdrawn after the public hearing has been held by the board, or if the police jury disapproves of the request contained in the petition, then no further petition for the same property will be considered by the police jury or the board for a period of one (1) year from the date of the public hearing.
An applicant may withdraw his petition at any time up to the public hearing who files an application to petition for a zoning variance or exception may withdraw the application one time within one year from the date of the submission of the application to petition at any time up to seven days prior to public hearing conducted by the board. Any request to withdraw an application within the seven day period shall be placed on the current agenda for action by the board to approve or disapprove the withdrawal request. The board shall consider no further requests for withdrawal for a period of one year from the date of the submission of the application. However, if a zoning petition is withdrawn by the applicant after the public hearing has been held, or if the board disapproves of the request contained in the petition, then no further petition for the same property will be considered by the board for a period of one (1) year from the date of the public hearing.
With respect to the foregoing, Mr. Vickers advised that following the November 21st deferral of action on this item by the Police Jury, a “kinder, gentler” proposal had been developed by the staff that basically provided that an applicant could withdraw an application one time at any time during the process before it was acted on by the Planning and Zoning Board and could withdraw it a second time but if that happened, the applicant could not present the application again for a period of one year. Mr. Vickers stated that the new proposed language was as follows:
An applicant who files an application to petition for a zoning amendment or rezoning may withdraw the application to petition for zoning amendments or rezoning at any time up to its consideration by the police jury one time within one year from the date of the submission of the application at any time up to seven days prior to public hearing conducted by the board. Any request to withdraw an application within the seven day period shall be placed on the current agenda for action by the board to approve or disapprove the withdrawal request. The board shall consider no further requests for withdrawal for a period of one year from the date of the submission of the application. However, if the application to petition is withdrawn after the public hearing has been held by the board, or if the police jury disapproves of the request contained in the petition, then no further petition for the same property will be considered by the police jury or the board for a period of one (1) year from the date of the public hearing.
An applicant may withdraw his petition at any time up to the public hearing who files an application to petition for a zoning variance or exception may withdraw the application one time within one year from the date of the submission of the application to petition at any time up to seven days prior to public hearing conducted by the board. Any request to withdraw an application within the seven day period shall be placed on the current agenda for action by the board to approve or disapprove the withdrawal request. The board shall consider no further requests for withdrawal for a period of one year from the date of the submission of the application. However, if a zoning petition is withdrawn by the applicant after the public hearing has been held, or if the board disapproves of the request contained in the petition, then no further petition for the same property will be considered by the board for a period of one (1) year from the date of the public hearing.
Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the proposed language as presented on this date and outlined heretofore be approved; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4475
AN ORDINANCE amending Chapter 26 – Zoning, Article III. Administration, Division 2. Zoning Amendments and Applications, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of December, 2002, that it does hereby amend Chapter 26 – Zoning, Article III. Administration, Division 2. Zoning Amendments and Applications, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:
SECTION 1. Section 26-13 (6). Procedure for applying for an application to petition for zoning amendments and rezonings, is amended in its entirety to read as follows:
(6) An applicant who files an application to petition for a zoning amendment or rezoning may withdraw the application one time within one year from the date of the submission of the application. However, if the application to petition is withdrawn after the public hearing has been held by the board, or if the police jury disapproves of the request contained in the petition, then no further petition for the same property will be considered by the police jury or the board for a period of one (1) year from the date of the public hearing.
SECTION 2. Section 26-14 (5). Procedure for applying for an application to petition for zoning exceptions and variances and administrative appeals, is amended in its entirety to read as follows:
(5) An applicant who files an application to petition for a zoning variance or exception may withdraw the application one time within one year from the date of the submission of the application. However, if a zoning petition is withdrawn by the applicant after the public hearing has been held, or if the board disapproves of the request contained in the petition, then no further petition for the same property will be considered by the board for a period of one (1) year from the date of the public hearing.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
BE IT FURTHER ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
THUS PASSED AND ADOPTED on this, the 19th day of December, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Parish Administrator & Ex-Officio Parish Secretary
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Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. August and carried unanimously, the following ordinance was adopted rescinding Ordinance No. 4420 which was originally adopted on October 10, 2002, and which ordered the demolition and removal of one house, one accessory structure, one pool, and fence on property located at 1129 Manchester Road (Lot 17, East Town Estates Subdivision Part I) in Ward Eight due to the fact that after the condemnation order was posted by the Division of Planning and Development, said office received notification that a mortgage company had a mortgage on the referenced property, and the company had taken the necessary action to secure the referenced structures:
ORDINANCE NO. 4476
AN ORDINANCE rescinding Ordinance No. 4420, adopted by the Police Jury on October 10, 2002, which ordered demolition of one house, one accessory structure, one pool and fence on property described as 1129 Manchester Road, (Lot 17, East Town Estates Subdivision, Part I), East Lake Charles area of Ward Eight, Calcasieu Parish, Louisiana, and owned by Arthur and Cari Lynn Billeaudeaux.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of December, 2002, that it does hereby rescind Ordinance No. 4420, adopted by the Police Jury on October 10, 2002, which ordered demolition of one house, one accessory structure, one pool and fence on property described as 1129 Manchester Road, (Lot 17, East Town Estates Subdivision, Part I), East Lake Charles area of Ward Eight, Calcasieu Parish, Louisiana, and owned by Arthur and Cari Lynn Billeaudeaux, since the mortgage company has taken necessary action to secure the referenced structures.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Secretary
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It was moved by Mrs. August, seconded by Mr. Moon and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development with reference to the Surplus Adjudicated Property Sale conducted on December 18, 2002, on the following cases, and further, to adopt an ordinance with respect to each piece of property:
AP03-014-02 (423 S. Bank Street)
The Director of the Division of Planning and Development recommended that the highest offer in the amount of $4,000.00 by Mr. and Mrs. Paul Thomas be accepted.
AP04-012-02 (401 Dalton Street)
The Director of the Division of Planning and Development recommended that the highest offer in the amount of $5,000.00 by Mr. Ronnie Godeaux be accepted.
As a result of approval of the foregoing motion, the following ordinances were adopted:
ORDINANCE NO. 4477
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot on E/S Bank St com 150 ft N of Pine St, E 200 ft M/L, N 50 ft etc- Lot on E/S Bank St com 146 ft N of Pine St, E 150 ft N 4 ft etc- com 146 ft N and 150 ft E of NE cor Pine and Bank Sts, E 50 ft N 4 ft etc. (AP03-014-02; Tax Assessment No. 596388); 423 S. Bank Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. and Mrs. Paul Thomas, their agent, or assign for the consideration of $4,000.00 (four thousand 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 on E/S Bank St com 150 ft N of Pine St, E 200 ft M/L, N 50 ft etc- Lot on E/S Bank St com 146 ft N of Pine St, E 150 ft N 4 ft etc- com 146 ft N and 150 ft E of NE cor Pine and Bank Sts, E 50 ft N 4 ft etc. (AP03-014-02; Tax Assessment No. 596388); 423 S. Bank Street 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. and Mrs. Paul Thomas, to purchase said property for the consideration of $4,000.00 (four thousand 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. and Mrs. Paul Thomas, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 19th 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 on E/S Bank St com 150 ft N of Pine St, E 200 ft M/L, N 50 ft etc- Lot on E/S Bank St com 146 ft N of Pine St, E 150 ft N 4 ft etc- com 146 ft N and 150 ft E of NE cor Pine and Bank Sts, E 50 ft N 4 ft etc. (AP03-014-02; Tax Assessment No. 596388); 423 S. Bank Street 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. and Mrs. Paul Thomas, their agent, or assign for and in consideration of $4,000.00 (four thousand 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:
A) 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.
B) 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.
C) 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.
D) 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.
E) 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 19th day of December, 2002.
/s/ Enos Derbonne, President
/s/ S. Mark McMurry, Administrator & Ex-Officio Parish Secretary
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ORDINANCE NO. 4478
AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 778 ft N of SW cor E 1/2 SE NW 13.9.9 th N 557 ft E 708.5 ft S 557.7 ft W 708.5 ft to com. (AP04-012-02; Tax Assessment No. 156779); 401 Dalton Street in Ward Four, Westlake, Louisiana, surplus property and to authorize the sale of said lot to Mr. Ronnie Godeaux, his agent, or assign for the consideration of $5,000.00 (five thousand dollars) cash, or to the highest offer or who submits an offer with a certified check or money order in the amount of $425.00 ($350 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Com 778 ft N of SW cor E 1/2 SE NW 13.9.9 th N 557 ft E 708.5 ft S 557.7 ft W 708.5 ft to com. (AP04-012-02; Tax Assessment No. 156779); 401 Dalton Street in Ward Four, 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. Ronnie Godeaux, to purchase said property for the consideration of $5,000.00 (five thousand 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. Ronnie Godeaux, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 19th 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: Com 778 ft N of SW cor E 1/2 SE NW 13.9.9 th N 557 ft E 708.5 ft S 557.7 ft W 708.5 ft to com. (AP04-012-02; Tax Assessment No. 156779); 401 Dalton Street in Ward Four, Westlake, 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. Ronnie Godeaux, his agent, or assign for and in consideration of $5,000.00 (five thousand 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:
A) 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.
B) 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.
C) 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.
D) 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.
E) 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 19th 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 Mrs. August, seconded by Mr. Moon and carried unanimously that the following resolutions be adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by State of Louisiana Department of Transportation and Development to widen a 9.136 mile section of Route U.S. 171 to four lanes. The average right-of-way for a typical rural section will be 167 feet. The project will impact approximately 14.1 acres of wetlands. The project area is located along Route U.S. 171 between Gillis and Ragley, in Calcasieu and Beauregard Parishes, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of State of Louisiana Department of Transportation and Development relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of December, 2002, that it does hereby indicate no objection to the proposal of State of Louisiana Department of Transportation and Development to widen a 9.136 mile section of Route U.S. 171 to four lanes. The average right-of-way for a typical rural section will be 167 feet. The project will impact approximately 14.1 acres of wetlands. The project area is located along Route U.S. 171 between Gillis and Ragley, in Calcasieu and Beauregard Parishes, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an after-the-fact application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Maplewood Church of Christ for mechanized land clearing, filling, and grading to construct a church, associated buildings, playground and parking areas. The site has been partially cleared and leveled, and approximately 3,780 cubic yards of clay has been deposited for a road, then spread. Additional dirt and concrete will be hauled in to achieve required elevations. Two ditches will be excavated at the northern and southern boundaries of the property, and a 20" X 30' culvert will be installed in the southern ditch at Jesse Drive. The 9.04-acre tract is approximately 30-percent wet, thus the project will impact 2.71 acres of wetlands. Proposed work will be conducted on an unnumbered tract east of Prater Road in Sulphur, Louisiana, Section 32, Township 9 South, Range 9 West, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Maplewood Church of Christ relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Sulphur.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of December, 2002, that it does hereby indicate no objection to the proposal of Maplewood Church of Christ for mechanized land clearing, filling, and grading to construct a church, associated buildings, playground and parking areas. The site has been partially cleared and leveled, and approximately 3,780 cubic yards of clay has been deposited for a road, then spread. Additional dirt and concrete will be hauled in to achieve required elevations. Two ditches will be excavated at the northern and southern boundaries of the property, and a 20" X 30' culvert will be installed in the southern ditch at Jesse Drive. The 9.04-acre tract is approximately 30-percent wet, thus the project will impact 2.71 acres of wetlands. Proposed work will be conducted on an unnumbered tract east of Prater Road in Sulphur, Louisiana, Section 32, Township 9 South, Range 9 West, in Calcasieu Parish.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Michael Authement to install and maintain a private, residential home measuring approximately 2700 feet with appurtenant structures, and a 100 x 100 pond, and to fill a 1.36 acre mixed wetland area adjacent to the home consisting 30% wetland. Approximately 0.4 of an acre of wetlands would be impacted. The proposed area is located in wetlands adjacent to the Houston River, in Section 12, Township 9 South, Range 11 West, on a 2.6 acre tract on and west of Joel Road near Sulphur, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Michael Authement relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 19th day of December, 2002, that it does hereby indicate no objection to the proposal of Michael Authement to install and maintain a private, residential home measuring approximately 2700 feet with appurtenant structures, and a 100 x 100 pond, and to fill a 1.36 acre mixed wetland area adjacent to the home consisting 30% wetland. Approximately 0.4 of an acre of wetlands would be impacted. The proposed area is located in wetlands adjacent to the Houston River, in Section 12, Township 9 South, Range 11 West, on a 2.6 acre tract on and west of Joel Road near Sulphur, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to the lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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President Derbonne advised that action was needed with regard to the next item on the agenda which was to approve and adopt the Parish’s Fiscal Year 2003 Annual Budget, in accordance with the Local Government Budget Act as follows: (1) adopt the Fiscal Year 2003 Budget in accordance with the public hearing held and as a result of the recommendations of the Budget Committee on Thursday, December 5, 2002; and (2) amend the Fiscal Year 2002 Budget for those funds which deviate from estimated budgeted revenues and/or expenditures, in accordance with LSA—R.S. 39:1310.
Mr. McMurry advised that a few adjustments were needed to the proposed Fiscal Year 2003 budget as follows:
• Decrease in Revenue Line Item in the Animal Control Fund – License/Tags/and Fees from $270,000 to $225,000.
• Increase in Revenue Line Item in the Animal Control Fund – Grant from General Fund from $250,000 to $295,000.
• Increase in Expenditure Line Item in the Office of Juvenile Justice Services Fund for purchase of a vehicle, in the amount of $22,600, which represented a shifting of funds not spent in 2002 into the 2003 budget.
• A shifting of $55,195 from the Office of Emergency Preparedness into the Workers Compensation Self-Insured Fund which was necessary as a result of some re-staffing and reorganization of those two offices.
• Various amendments requested by the Board of Commissioners of Ward One Fire Protection District No. One which would result in a net change of $500, as well as a request that the $75,000 previously awarded by the Police Jury from the Riverboat Fund to said fire district for construction of a new fire station be utilized instead for lease/purchase of fire trucks, since the District would have a bond issue on the ballot in April of 2003 for construction of a new station.
Mr. McMurry explained that the net effect of the changes outlined heretofore would increase the total budget from $118,295,237 to $118,317,337 and that Mrs. Tammy Bufkin, Assistant Director of Finance, would produce a revised recap of the budget for insertion into the budget documents which had been previously distributed to the jurors and staff.
Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the Parish’s budget for Fiscal Year 2003 be approved and adopted as recommended by the Budget Committee on December 5, 2002, following a public hearing held thereon, with the amendments previously outlined by Mr. McMurry and in accordance with the Local Government Budget Act; whereupon, the following resolution and summary was adopted and approved:
RESOLUTION
A RESOLUTION adopting the Fiscal Year 2003 Annual Budget of the Parish of Calcasieu, Louisiana, as submitted by the Parish Administrator and Staff.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 19th day of December, 2002, that:
Section 1. The Fiscal Year 2003 Annual Budget of the Parish of Calcasieu, Louisiana, as submitted by the Parish Administrator and Staff, is hereby adopted.
Section 2. Certification is hereby given that all actions required by the Local Government Budget Act have been completed in compliance with L.R.S. 39:1306.
Section 3. In accordance with L.R.S. 39:1304, the Parish Administrator is authorized to make changes within various budget classifications without approval of the governing authority.
THUS PASSED AND ADOPTED on this, the 19th day of December, 2002.
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REVENUE/EXPENDITURE RECAP
ESTIMATED REVENUES/EXPENDITURES
GENERAL FUND |
|
|
|
|
Legislative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
$ 381,771 |
|
Coroner’s Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
448,688 |
|
City/Wards Judicial . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
560,472 |
|
Registrar of Voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
249,714 |
|
Facility Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
2,447,337 |
|
Facility Management - Magnolia Building . . . . . . . . . . . |
|
|
371,159 |
|
Creative Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
170,485 |
|
Weed & Grass Control . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
45,000 |
|
Calcasieu Government Channel Access. . . . . . . . . . . . . . |
|
|
159,245 |
|
Parish Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
22,500 |
|
General Administration . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
434,955 |
|
Office of Emergency Preparedness . . . . . . . . . . . . . . . |
|
|
577,013 |
|
Correctional Services . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
1,923,112 |
|
Correctional Medical . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
661,838 |
|
County Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
202,400 |
|
Miscellaneous Grants, Etc. . . . . . . . . . . . . . . . . . . . . . . . |
|
|
1,465,092 |
|
Total General Fund |
|
|
|
$ 10,120,781 |
|
|
|
|
|