March 6, 2003 

                                                                                    Lake Charles, Louisiana

 

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 6, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chuck Kleckley, President, presiding, and the following members present:

 

Mesdames Elizabeth Conway Griffin, Luvertha August, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, and Cornelius “Cornie” Moon

 

Absent: Messrs. Algie Breaux (ill), Enos Derbonne (ill), and Hal McMillin (out-of-town)

 

            Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant 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. Andy Johnson of the firm of Plauche, Smith and Nieset, Legal Counsel, Mr. Jerry Milner, Director of Finance, Mr. Claude Smart, Parish Engineer, Mr. Gerry Trahan, Director of Facilities Management, and Mr. Jim Vickers, Director of Planning and Development.

 

           President Kleckley called the meeting to order. The invocation was pronounced by Mr. Danahay which was followed by the Pledge of Allegiance led by Mr. Danahay. The roll was called with the result being as outlined above.

 

            President Kleckley welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.

 

            Mr. Andrepont was granted a point of personal privilege to discuss something not on the agenda, and he stated that it had been brought to his attention on this date that there was a possibility that the Sheriff’s Office might close the Carlyss sub-station. He made a motion, which was duly seconded by Mr. Moon and carried unanimously, to adopt the following resolution:

 

RESOLUTION

 

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 6th day of March, 2003, that it does hereby express concern and opposition to the possibility that the Calcasieu Parish Sheriff’s Office — Carlyss Sub-Station, located in Ward Seven of Calcasieu Parish, Louisiana, might be closed.

 

            BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Sheriff Beth Lundy to express the Police Jury’s desire that this sub-station remain open for service to the citizens of Calcasieu Parish.

 

            THUS DONE AND PASSED on the date above inscribed.

 

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

 

            President Kleckley advised that Mr. John Dixon with the West Calcasieu Port, Harbor, and Terminal District was not present at the meeting on this date; therefore, the presentation he was scheduled to give with reference to ongoing development projects in said district would be deferred until he could be present.

 

            President Kleckley advised that no action was needed on applications for liquor and beer permits due to the fact that no applications had been submitted for approval on this date.

 

           Motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the payment of all current invoices be approved.

 

           It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to approve the minutes of the regular meeting of the Police Jury dated February 6, 2003.

 

            Upon motion made by Mr. Andrepont, which was duly seconded by Dr. Mackey and carried unanimously, the Agenda Committee Report dated February 27, 2003, was approved as follows:

 

AGENDA COMMITTEE REPORT

February 27, 2003

                                                                            

 

            A meeting of the Agenda Committee was held on Thursday, February 27, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, 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, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Chris Landry, Mr. Don Manuel, Dr. Charles S. Mackey, Mr. Cornie Moon, and Mrs. Sandra J. Treme

 

Absent: Mr. Enos Derbonne (ill)

 

            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy P. Criglow, Mrs. Cheryl Heisser, Mr. Andy Johnson, Mr. Jerry Milner, Mr. Claude Smart, 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 March 6, 2003.

 

            Following review of the items to be considered by the Police Jury on March 6th, it was unanimously recommended that the proposed agenda be accepted with the following additions:

 

•Consideration of issuing a proclamation proclaiming March 20, 2003, as Retired Teachers Day in Calcasieu Parish, as per the request of the Louisiana Association of Retired Teachers. (Mr. Moon)

 

•Consideration of authorizing the Parish Purchasing Agent to purchase modular furniture, utilizing State Contract Purchasing Procedures, for use at the Calcasieu Parish Health Unit, funds for which are currently provided for in the Health Unit’s budget.

 

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

 

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

 

 * * * * * * * * * * * *

 

            Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the Public Works Committee Report dated February 27, 2003, be approved as follows:

 

PUBLIC WORKS COMMITTEE REPORT

February 27, 2003

_______________________________________

 

        A meeting of the Public Works Committee was held on Thursday, February 27, 2003, in Courtroom A of the Calcasieu Parish Courthouse, 1000 Ryan Street, Lake Charles, Louisiana, with Mr. Chris Landry, 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, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Don Manuel, Dr. Charles S. Mackey, Mr. Hal McMillin, Mr. Cornie Moon, and Mrs. Sandra J. Treme

 

Absent: Mr. Enos Derbonne (ill)

 

            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Ms. Kathy P. Criglow, Mrs. Cheryl Heisser, Mr. Andy Johnson, Mr. Jerry Milner, Mr. Claude Smart, Mr. Gerry Trahan, and Mr. Jim Vickers.

 

            Said Committee:

 

(1)        Received report on recommendations from the Prien Lake Park Development Task Force and recommended approval for the staff to develop a Request-for-Proposals document to solicit park development designs, and further, that a subcommittee of the Task Force aid the Police Jury in evaluating design proposals and recommend design(s) to the entire Task Force, then to the Police Jury.

 

(2)       Received report from staff on the proposed Cove Lane exit improvements wherein it was advised that the existing Cove Lane would be closed to traffic on or about May 1st, and bids were expected to be received in January, 2004, for the improvements to reconfigure this exit off of Interstate 210. The Committee recommended that a letter be forwarded to the Louisiana Department of Transportation and Development recommending that a west-bound turn at the intersection of Prien Lake and Kiwanis Drive be provided if at all possible.

 

(3)       Heard presentations from Mr. Marshall Cannon, 2308 West Burton Street, Sulphur, from Mrs. Ava Cannon, 2308 West Burton Street, Sulphur, and from Mr. Robert Dudoit, 2417 West Burton Street, Sulphur, regarding their opposition to an agreement between the Parish and Union Pacific Railroad to commence the process of closing the railroad crossing on Stegal Road. The reasons cited for their opposition were: (a) the possibility of being cut off without an evacuation route to the west (Stegal Road) in the event of an accident at transfer facilities in the immediate area to the east which handle vinyl chloride and ethylene, railroad tracks to the north, and the Sulphur Mines Oil Reserve to the south, leaving Stegal Road to the west the only escape route; (b) the discontinuation of a bus route if Stegal Road was closed; (c) devaluation of property; and (d) the availability of other railroad crossings not affected by these various concerns which could be closed instead. (Mr. Andrepont)

 

(4)       Recommended that approval be granted to advertise for the donation of adjudicated surplus property located on Mill Street adjacent to the Sacred Heart Catholic Church office in Lake Charles, in accordance with provisions of LSA—R.S. 33:4720.25 et seq., and as per the request of Sacred Heart Catholic Church, as follows:

 

            Appraised

                               Case No.                                 Location                                Value

                            AP03-062-02            Lot adjacent to 1102 Mill Street            $6,521

 

(5)       Recommended that approval be granted to advertise for the donation of adjudicated surplus property on the following properties, in accordance with provisions of LSA—R.S. 33:4720.25 et seq., as per the request of Project Build a Future, Inc., a non-profit organization of Sacred Heart Catholic Church:

 

Appraised

                                Case No.                               Location                                 Value

                           AP03-063-02            1422 Iowa Street, Lake Charles             $3,000

                           AP03-064-02            417 Louisiana Avenue, Lake Charles        $4,375

                           AP03-065-02            318 N. Bank Street, Lake Charles            $3,500

 

(6)       Recommended that existing ordinances be amended and/or ordinances be adopted authorizing the appropriate law enforcement personnel to “tow away” vehicles violating the “no parking” ordinance on Bradley Lane in Ward Three, as requested by law enforcement.

 

(7)       Recommended that the President of the Police Jury be authorized to execute an Act of Correction between the Police Jury and The Greco Trust with reference to a Right-of-Way Deed previously executed on Walker Road in Ward Four (Calcasieu Parish Project No. 2002-07).

 

(8)       Recommended that a Joint Services Agreement be approved between the Police Jury and the Calcasieu Parish School Board for the installation of approximately 960 linear feet of storm drain culverts and catch basins along Park Road in Ward One fronting Moss Bluff Middle School subject to funding approval of the Budget Committee and the Police Jury during the 2003 Riverboat Program Grant Year.

 

NOTE: A Cooperative Endeavor Request will be submitted by the Division of Engineering and Public Works requesting funding in the amount of $25,000 from the Ward One Special Projects by Ward allocation in the 2003 Riverboat Program Grant Year for the above referred to project.

 

(9)       Recommended that Calcasieu Parish Project No. 2002-04 (Ward 2 – Ward Line Road; Ward 3 – Elliot Road, Greathouse Road, Weaver Road, and West Cal Cam Road) be accepted as substantially complete.

 

(10)      Received a report from Mr. Tim Conner, Assistant Parish Engineer, relative to a bridge located on Houston River Road in Ward Four wherein Mr. Conner advised that this bridge was built in 1966 and had met all design standards at that time, and further, that in the next five to ten years when said bridge needed replacing, it would be brought up to standards in place at that time which would include, but not be limited to, installation of guard rails, widening of the existing road bed, etc.

 

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

 

            Motion was made by Mrs. Griffin and seconded by Mr. Collins that Recommendation Nos. 1, 2, 3 and 4 of the Public Works Committee Report be approved as outlined heretofore. An amendment to the motion was offered by Mr. Andrepont and seconded by Mrs. Treme that action on Recommendation No. 3 be deferred until such time as he (Mr. Andrepont) felt it was appropriate to bring the matter back up.

 

            A vote taken on the amendment to the motion carried unanimously, as did a vote on the motion as amended

 

            It was moved by Mrs. Griffin and seconded by Mr. Manuel that Recommendation No. 5 of the Public Works Committee Report be approved.

 

            Mrs. August stated that she had been asked to make some statements with reference to Recommendation Nos. 4 and 5 of the Public Works Committee and that on behalf of the Board of Directors of Project Build a Future, Inc., she extended a resounding “thank you” for the Jury’s vote of support. Mrs. August stated that while it had taken almost a year, the Board had been aware that the projects could not have been possible without the Police Jury’s favorable decision.

 

            Mrs. August thanked Mr. McMurry for being so open-minded about the proposal, pointing out that the Board had been very thankful for his graciousness in holding a question and answer session. Mrs. August also expressed the Board’s appreciation for Mr. MacDonald James’ work with respect to the adjudicated properties, pointing out that if it had not been for his efforts, the Parish would still have a lot of property sitting idle. She also thanked Mr. Vickers for his enthusiasm and for ensuring that all of the necessary details were attended to.

 

           Mrs. August urged the jurors to contact the staff when they had an idea that could make the lives of the Parish’s citizens better and stated that if it was in accordance with existing policies and laws, the staff would do everything possible to help.

 

            Mrs. Griffin stated she would like to remind the staff that there were 15 elected officials and that she would appreciate knowing when something was going on in her district which was good for the people (alluding to the fact that Sacred Heart Catholic Church was in her district).

 

            Mrs. August pointed out that today’s society was a mobile society and that the jurors traveled everywhere. She asked what the proper procedure would be if there was a need in an organization that was not limited to one particular person or one particular police juror district, but instead was for the betterment of the whole parish, i.e., if Mr. Andrepont did something in her (Mrs. August’s) district, was he supposed to confer with her. Mrs. August stated that she was asking this question because she wanted to know the answer.

 

            Mr. McMurry stated that it was a good idea for the jurors to confer between themselves, but that the staff should perhaps do a better job of notifying affected jurors. Mr. McMurry pointed out that one of the admirable traits of the current Police Jury, as compared to other police juries throughout the State, was that there was an effort to say “I represent Calcasieu Parish and what is good for any part of the Parish is good for everyone.”

 

            Mr. McMurry further stated that the staff needed to be more attentive and that sometimes they took the parish wide view and were remiss in noticing a particular district, but that each juror needed to know what was happening in his or her district. He also stated that as a general rule, anything that was good for the Parish as a whole should be embraced by all, regardless of the individual district involved.

 

            Mrs. Griffin stated that her request was based on respect and common courtesy, pointing out that each juror was elected to represent a different district, and she would stand firm in what she said earlier.

 

            Mrs. August stated that she felt that the jurors were elected to represent the whole parish and if one of the jurors had an idea that would benefit another district, or the entire parish, no matter where the idea originated, she felt the idea should be presented to the staff to see if it could be implemented.

 

            A vote was taken on the motion on the floor, which was to approve Recommendation No. 5 of the Public Works Committee as outlined heretofore, and said motion carried unanimously.

 

            It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously to approve Recommendation No. 6 of the Public Works Committee; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4494

 

AN ORDINANCE amending Sec. 17-126 of Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish “tow away zone” on Bradley Lane in Ward Three of Calcasieu Parish, Louisiana.

 

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

 

            SECTION 1.      Sec. 17-126 (e) of the Code of Ordinances is amended to read in its entirety as follows:

 

(e) “Tow away zone” signs shall be posted on the following roads, streets, lanes, avenues, etc., or indicated portions thereof, and in accordance with Section 17-126(a). Following the posting of such signs, law enforcement personnel may have vehicle(s) in violation of said section removed at the expense of the owner(s) thereof, in addition to the penalty provided for in Section 17-126(d).

 

                        Bradley Lane, both sides, in its entirety in Ward 3

                        Link Road, both sides, in its entirety in Ward 3

                        Tallow Road, both sides, in its entirety in Ward 3

 

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

 

            BE IT FURTHER ORDAINED that appropriate signs shall be posted along the roads, streets, lanes, avenues, etc., as referred to above, at reasonable intervals, to warn operators of vehicles that parking is prohibited and that vehicles illegally parked shall be subject to removal at the expense of the owner(s) thereof.

 

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

 

            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 6th day of March, 2003.

 

                                                                              /s/ Chuck Kleckley, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

 

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

 

            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Clement and carried unanimously, Recommendation No. 7 of the Public Works Committee was approved as outlined heretofore.

 

            Motion was made by Mr. Manuel, seconded by Mrs. August and carried unanimously that Recommendation No. 8 of the Public Works Committee be approved.

 

            It was moved by Mrs. August, seconded by Mr. Landry and carried unanimously to approve Recommendation No. 9 of the Public Works Committee.

 

            Upon motion made by Mrs. August, which was duly seconded by Mr. Manuel and carried unanimously, Recommendation No. 10 of the Public Works Committee was approved.

 

            Motion was made by Mrs. Griffin, seconded by Mr. Andrepont and carried unanimously that the recommendation of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on February 25, 2003, on the following cases and that an ordinance be adopted as applicable with respect to each piece of property as follows:

 

AP03-017-02 (2202 Ora Road, Lake Charles)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $3,000.00 of Mr. Kirk J. McPherson be accepted.

 

AP03-055-02 (1026 13th Street, Lake Charles)

The Director of the Division of Planning and Development recommended readvertisement for bids since the offer had been withdrawn.

 

AP03-056-02 (812 ½ Celeste Street, Lake Charles)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $3,200.00 of Ms. Karen Anne Myers be accepted.

 

            As a result of approval of the foregoing motion, the following ordinances were adopted:

 

ORDINANCE NO. 4495

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com SW Cor Blk 3 Banker Sub in 21, 22.9.8, N 118 ft, E 150 ft, S 91 ft M/L to N/S Conoco St to pt of beg. (AP03-017-02; Tax Assessment No. 456152); 2202 Ora Road in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Kirk J. McPherson, his agent, or assign for the consideration of $3,000.00 (three 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: Com SW Cor Blk 3 Banker Sub in 21, 22.9.8, N 118 ft, E 150 ft, S 91 ft M/L to N/S Conoco St to pt of beg. (AP03-017-02; Tax Assessment No. 456152); 2202 Ora 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. Kirk J. McPherson, to purchase said property for the consideration of $3,000.00 (three 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. Kirk J. McPherson, for the offered consideration.

 

        NOW, THEREFORE,

 

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 6th day of March, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

 

        Section 1.       The property described as: Com SW Cor Blk 3 Banker Sub in 21, 22.9.8, N 118 ft, E 150 ft, S 91 ft M/L to N/S Conoco St to pt of beg. (AP03-017-02; Tax Assessment No. 456152); 2202 Ora 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. Kirk J. McPherson, his agent, or assign for and in consideration of $3,000.00 (three 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:

 

            (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 6th day of March, 2003.

 

                                                                                    /s/ Chuck Kleckley, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

 

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

 

ORDINANCE NO. 4496

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 7 Blk 3 Himount Sub and 7½ ft alley on S/S lot 7. (AP03-056-02; Tax Assessment No. 400327); 812½ Celeste Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Karen Anne Myers, her agent, or assign for the consideration of $3,200.00 (three thousand two 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 7 Blk 3 Himount Sub and 7½ ft alley on S/S lot 7. (AP03-056-02; Tax Assessment No. 400327); 812½ Celeste 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 Ms. Karen Anne Myers, to purchase said property for the consideration of $3,200.00 (three thousand two 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 Ms. Karen Anne Myers, for the offered consideration.

 

        NOW, THEREFORE,

 

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 6th day of March, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

 

        Section 1.       The property described as: Lot 7 Blk 3 Himount Sub and 7½ ft alley on S/S lot 7. (AP03-056-02; Tax Assessment No. 400327); 812½ Celeste 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 Ms. Karen Anne Myers, her agent, or assign for and in consideration of $3,200.00 (three thousand two 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 6th day of March, 2003.

                                                                               

                                                                                    /s/ Chuck Kleckley, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

 

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            It was moved by Mrs. Griffin, seconded by Mr. Landry and carried unanimously to approve the recommendation of the Director of the Division of Planning and Development with reference to the Surplus Adjudicated Property Sale conducted on February 25, 2003, on the following case and that an ordinance be adopted with respect to the property as follows:

 

AP-03-069-02 (Bryne Street, Lake Charles

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $651.00 of Mr. Joseph RL Duplechain be accepted.

 

ORDINANCE NO. 4497

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 10 Survey of N ½ lot 23 J L Ryan Sub. (AP03-069-02; Tax Assessment No. 270350); Byrne Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Joseph RL Duplechain, his agent, or assign for the consideration of $651.00 (six hundred fifty one 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 10 Survey of N ½ lot 23 J L Ryan Sub. (AP03-069-02; Tax Assessment No. 270350); Byrne 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. Joseph RL Duplechain, to purchase said property for the consideration of $651.00 (six hundred fifty one 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. Joseph RL Duplechain, for the offered consideration.

 

        NOW, THEREFORE,

 

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 6th day of March, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

 

        Section 1.       The property described as: Lot 10 Survey of N ½ lot 23 J L Ryan Sub. (AP03-069-02; Tax Assessment No. 270350); Byrne 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. Joseph RL Duplechain, his agent, or assign for and in consideration of $651.00 (six hundred fifty one 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 6th day of March, 2003.

                                                                               

                                                                                    /s/ Chuck Kleckley, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

 

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            Motion was made by Mr. Collins, seconded by Mrs. August and carried unanimously that the recommendation of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on February 25, 2003, on the following case and that an ordinance be adopted with respect to the property as follows:

 

AP-03-072-02 (126 Kingsley Street, Lake Charles)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $500.00 of Mr. George Alfred Rachal be accepted.

 

ORDINANCE NO. 4498

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 7 Blk A, Liggio Sub Sec 33.9.8. (AP03-071-02; Tax Assessment No. 292109); 126 Kingsley Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. George Alfred Rachal, his agent, or assign for the consideration of $500.00 (five 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 7 Blk A, Liggio Sub Sec 33.9.8. (AP03-071-02; Tax Assessment No. 292109); 126 Kingsley 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. George Alfred Rachal, to purchase said property for the consideration of $500.00 (five 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. George Alfred Rachal, for the offered consideration.

 

        NOW, THEREFORE,

 

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 6th day of March, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

 

        Section 1.       The property described as: Lot 7 Blk A, Liggio Sub Sec 33.9.8. (AP03-071-02; Tax Assessment No. 292109); 126 Kingsley 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. George Alfred Rachal, his agent, or assign for and in consideration of $500.00 (five 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.