April 3, 2003

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, April 3, 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 Luvertha August, Elizabeth Conway Griffin, and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Enos Derbonne, Hal McMillin, and Cornelius “Cornie” Moon

Absent: Messrs. Algie Breaux (ill), Chris Landry (vacation), Charles S. Mackey, D.D.S. (out-of-town), and Don Manuel (another Police Jury-related commitment)

Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant Administrator, 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 D. Smart, Parish Engineer, Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, Legal Counsel, Mrs. Kathy P. Smith, Recording Secretary, 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. Collins which was followed by the Pledge of Allegiance. 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.

President Kleckley presented retirement plaques in commemoration of the retirement of the following parish employees: Jesic Cravens, Jr., 18 years, Office of Juvenile Justice Services; Richard Flanagan, 11 years, Division of Engineering/Public Works; Louis W. Fournerat, 17 years, Division of Engineering/Public Works; Wanda E. Guidry, 14 years, E911 Communications District; James H. Hebert, 11 years, Division of Engineering/Public Works; and Henrietta Landry, 28 years, Calcasieu Workforce Center.

Mr. Cravens and Ms. Landry were present to receive their awards, and they both expressed their appreciation for having been recognized for their service.

Mr. Richard Guillory appeared before the Police Jury with reference to his candidacy for the office of Calcasieu Parish Sheriff. He stated that he had spent his entire professional career in law enforcement and was campaigning on (1) tightening jail security, (2) eliminating duplicate services, and (3) fiscal management. Mr. Guillory also stated that he would like to increase the deputies’ salaries and provide 24-7 (24 hours per day, seven days a week) operation in Moss Bluff and Carlyss. He thanked the jurors for the opportunity to address them on his campaign.

In response to Mr. McMillin’s request to take an agenda item out of sequence, motion was made by Mr. McMillin, seconded by Mrs. Griffin and carried unanimously to adopt the following resolution:

RESOLUTION

A RESOLUTION stating the Calcasieu Parish Police Jury’s endorsement of Air Products and Chemicals, Inc., to participate in the benefits of the Louisiana Enterprise Zone Program for the company’s Westlake Hydrogen Facility project.

WHEREAS, the Louisiana Legislature enacted Louisiana Enterprise Zone Act 901 of 1981, Act 337 of 1982, Act 433 of 1987, Act 1024 of 1992, Act 581 of 1995, Act 624 of 1997, Act 647 of 1997, and Act 977 of 1999; and

WHEREAS, the Louisiana Enterprise Zone Program offers significant incentives for economic development to some of the most distressed areas in the State; and

WHEREAS, the business is located within Census Tract 27, Block Group 3; and

WHEREAS, the Calcasieu Parish Police Jury states this endorsement is in agreement with the Overall Economic Development Plan for the Calcasieu Parish Police Jury; and

WHEREAS, the attached Enterprise Zone map has been marked to show the location of the business being endorsed; and

WHEREAS, in accordance with the Louisiana Enterprise Zone Program requirements, the Calcasieu Parish Police Jury agrees:

1.To participate in the Enterprise Zone Program.

2.To assist the Department in evaluating progress made in any Enterprise Zone within its jurisdiction.

3. To rebate all eligible local sales/use taxes on the purchase of eligible construction materials, machinery, and equipment purchased for this project and used by the business permanently on that site.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular and legal session convened on the 3^rd day of April, 2003, that Air Products and Chemicals, Inc., Enterprise Zone Application #2002-0491, is endorsed to participate in the Louisiana Enterprise Zone Program, for the company’s Westlake Hydrogen Facility project.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.

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

Mr. Rowdy Gaudet appeared before the Police Jury at this time to introduce himself to the members of the Police Jury as Senator Mary Landrieu’s new Regional Director serving Lake Charles and Lafayette. He encouraged the jurors and staff to contact him whenever he could be of assistance.

Ms. Angie Quienalty, Calcasieu Parish Registrar of Voters, appeared before the Police Jury with reference to voter registration numbers and changes in voting precincts as a result of reapportionment. Ms. Quienalty reported that there were a total of 118,272 registered voters in Calcasieu Parish at the present time and that absentee voting had increased in the past year. She stated that efforts were being made to go to an early voting process and that the jurors would be hearing more about that in the legislative session.

Mrs. Griffin stated that she was concerned about the voters being confused as to their voting locations and asked if it was possible that jurors would be sharing locations, to which Ms. Quienalty advised that this was possible but that they would not be sharing voting precincts. She stated that there would be a concentrated effort to inform voters of this fact and pointed out that a card was mailed to each registered voter who was affected by a precinct change. Ms. Quienalty also stated that her office would work with the media to get this information to the public and advised that it was available on the internet. She further stated that perhaps her office could provide some public education at the mall and suggested that signs be put up on voting day to instruct people where to vote in order to try and eliminate confusion.

Mrs. Griffin pointed out that sometimes two voting boxes were put in one location, to which Ms. Quienalty advised that this was done to save money and in some cases, there might not be a public place in a precinct to use as a polling place.

Mrs. Griffin advised that she had noticed that the Courthouse was still being used as a voting place, instead of the Parish Government Building. Mr. McMurry explained that the Police Jury had taken action to temporarily move the polling place to the Courthouse during renovation of the Parish Government Building and that it had worked out well having it at the Courthouse. He stated that it could be at either one of the locations that the Police Jury chose to utilize.

Ms. Quienalty introduced Ms. Linda Guillory of her office who was also present at the meeting. Ms. Quienalty thanked the members of the Police Jury for their support and the Parish G.I.S. (Geographic Information Systems) staff for their assistance.

Various members of the Police Jury thanked Ms. Quienalty for her efforts in increasing the number of registered voters in the Parish and for the good job she was doing as Registrar of Voters.

It was moved by Mrs. August, seconded by Mr. Collins and carried unanimously to approve the following application for a liquor and beer permit and to ratify the issuance of the following Special Events Permit:

WARD III

Fred D. Comeaux, Jr. d/b/a

FESTIVAL CITY

4010 Goodman Lane

Lake Charles, LA 70615 Liquor & Beer $ 135.00

(Calvin Collins’ District)

Type A permit to allow alcoholic beverages for the special event:

CAJUN FESTIVAL DAYS

April 25, 26, 27, ‘2003

American Legion #208 John C. Bowden Post

5461 Joe Courville Road, Vinton, LA 70668

Allen R. Malone, Finance Officer

(Brent Clement’s District)

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

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

Upon motion made by Mrs. August, which was duly seconded by Mr. Moon and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated March 6, 2003, were approved, and the reading of same was dispensed with.

It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to approve the Agenda Committee Report dated March 27, 2003, as follows:

AGENDA COMMITTEE REPORT

March 27, 2003

A meeting of the Agenda Committee was held on Thursday, March 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. 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, and Mrs. Sandra J. Treme

Absent: Mr. Algie Breaux (ill) and Mr. Cornie Moon (vacation)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen Smith, Mrs. Kathy P. 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 April 3, 2003.

Following review of the items to be considered by the Police Jury on April 3^rd, it was unanimously recommended that the proposed agenda be accepted with the following additions:

•Receive update from Ms. Angie Quienalty, Calcasieu Parish Registrar of Voters, with reference to voter registration numbers and changes in voting precincts as a result of reapportionment.

•Consideration of requesting legal counsel and the Division of Planning and Development to look into the possibility of curtailing or perhaps prohibiting the practice of various groups collecting money from motorists at heavily traveled intersections in the Parish because of the frequency of these collections, the related safety concerns, and the blocking of traffic, as evidenced by complaints from citizens regarding these collections at the intersection of Highway 378 and Highway 171 in Moss Bluff. (Mr. Manuel)

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. Danahay and carried unanimously that the Public Works Committee Report dated March 27, 2003, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

March 27, 2003

_______________________________________

A meeting of the Public Works Committee was held on Thursday, March 27, 2003, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Chris Landry, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Mr. Don Manuel, Dr. Charles S. Mackey, Mr. Hal McMillin, and Mrs. Sandra J. Treme

Absent: Mr. Algie Breaux (ill) and Mr. Cornie Moon (vacation)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Allen Smith, Mrs. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.

Said Committee:

1. Received and opened the following sealed bids for Calcasieu Parish Project No. 2003-02 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana), as advertised in accordance with law for action to be taken at 5:30 p.m.: R. E. Heidt Construction Company, Inc. in the amount of $1,543,977.22; and Prairie Contractors, Inc. in the amount of $1,526,825.31. The Committee recommended that the bids be referred to the Parish Engineer for final tabulation with a recommendation to be made thereon at the Regular Meeting on April 3^rd.

2. Recommended that a resolution be adopted accepting Southern Woods Estates Phase One located on the Northeast Corner of McCown Road and Highway 397 in Ward Eight located in Section 31, Township 9 South, Range 7 West (Police Jury District 10).

3. Recommended that a resolution be adopted changing the name of Laurel Lane to Feet Street located in Ward One (Police Jury District 1). (The majority of the affected property owners had requested the change.)

4. Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

(4.1)Establish a 35-mph speed limit on Sara Street in Ward 4 (Police Jury District 13)

(4.2)Establish a “no wake zone” on Olsen Bayou, a distance of 600 feet beginning at the mouth of Olsen Bayou at Moss Lake and continuing inland, and further, that signs be erected warning the operators of water craft or motor-propelled marine craft of idle speed/no wake zone, and any person exceeding idle speed and/or causing a wake on Olsen Bayou shall be punished as provided for in the Calcasieu Parish Code of Ordinances. (Mr. Clement)

5. Recommended that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from Keith A. and Sirikit Yau Fontenot on Nelson Road in Ward Three (Calcasieu Parish Project No. 1999-07).

6. Recommended that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from Billy Carlton Vanwinkle, Jr. on Paul Bellon Road in Ward One.

7. Recommended that a resolution be adopted accepting the conditions for the hardsurfacing and acceptance of non parish-maintained public roads by the Police Jury.

8. Recommended that a resolution be adopted approving the Parish’s participation in a Joint Services Agreement(s) with Gravity Drainage Districts No. Four of Ward Three and No. Five of Ward Four, and the Corps of Engineers, for a three-year, $1,000,000 drainage project feasibility study of the Black Bayou, Hippolyte Coulee, Choupique Bayou, and Bayou D’Inde watersheds, wherein the Corps would fund 50% of the study, the drainage districts would fund 25% of the study, and the Parish would fund the remaining 25% of the study, and further, that the issue of the Parish’s funding match be referred to the Budget Committee to determine the source of funds for the Parish’s portion of the cost. (This was the result of action taken by U.S. Congressman Chris John in response to the Police Jury’s resolution of January 2, 2003, asking for congressional assistance with drainage problems related to Choupique Bayou. Representative John allocated $500,000 for a feasibility study, with each of the entities listed above to contribute their share as noted.)

9. Recommended that a resolution be adopted approving a joint services agreement between the Police Jury and the City of Sulphur for the overlaying of Prater Street (from I-10 to Highway 90) wherein the Police Jury will fund 37% of the total cost of the project or approximately $140,000. (Mr. Danahay)

10. Recommended that a Contract to Provide Services/Hold Harmless Agreement be approved between the Police Jury and Leo David Giovanni and Evelyn Jane Giovanni for parkkeeper services at Prien Lake Park.

11. Recommended that a resolution be adopted requesting the Louisiana Department of Transportation and Development to clean the ditches along the state portion of Hungerford Road in Ward Eight (Police Jury District 2). (Mr. Landry)

12. Advised that a letter had been received from the Louisiana Department of Transportation and Development (DOTD) with reference to a request from the Police Jury that a westbound turn be permitted for northbound traffic on Prien Lake Road at Kiwanis Drive for the Cove Lane project that is now being planned wherein DOTD advised that this movement would be allowed.

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

With reference to Recommendation No. 1 of the Public Works Committee as outlined heretofore, Mr. Smart recommended that the low bid of Prairie Contractors, Inc., in the amount of $1,526,825.31 be accepted. Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Danahay and carried unanimously, Recommendation No. 1 of the Public Works Committee as outlined heretofore was approved, and the recommendation of the Parish Engineer was accepted; whereupon, the contract for Project No. 2003-02 was awarded to Prairie Contractors, Inc. in the amount of $1,526,825.31, and the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2003-02.

Motion was made by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously that Recommendation No. 2 of the Public Works Committee be approved and that the following resolution be adopted:

RESOLUTION

WHEREAS, Johnny Guillory, Lee Duplichan, and Kim Trahan, subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as Southern Woods Estates Phase One, a subdivision in Section 31, Township 9 South, Range 7 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and

WHEREAS, said subdivision plat was prepared by George A. Evans, Jr., Registered Land Surveyor No. 4750, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on April 9, 2003, bearing File No. 2621709.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of April, 2003, that it does hereby officially accept the plat of Southern Woods Estates Phase One in Ward Eight of Calcasieu Parish, Louisiana, including Southernwoods Drive and Saddlewood Drive located within said subdivision, for future maintenance by the Parish.

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

It was moved by Mr. Andrepont, seconded by Mr. Clement and carried unanimously to approve Recommendation No. 3 of the Public Works Committee and to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of April, 2003, that it does hereby officially change the road name of Laurel Lane, located in Ward One of Calcasieu Parish, Louisiana, to Feet Street, in accordance with the request of the majority of property owners who would be affected by this change in road name.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that Recommendation No. 4 of the Public Works Committee be approved and that the following ordinances be adopted:

ORDINANCE NO. 4519

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a speed limit on Sara Street in Ward Four 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. 17-66, Thirty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Sara Street in Ward 4

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 3^rd day of April, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 4520

AN ORDINANCE amending Sec. 20-156 of Chapter 20 of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish an “idle speed/no wake zone” at Olsen Bayou.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of April, 2003, that it does hereby amend Chapter 20 - Recreation, Article III. Boats and Boat Launch Areas, Division 1. Generally, Sec. 20-156, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Sec. 20-156 is amended by including the following subsection in the provisions of said section:

(l)Olsen Bayou. There is hereby established an idle speed/no wake zone on Olsen Bayou, a distance of 600 feet beginning at the mouth of Olsen Bayou at Moss Lake and continuing inland. Signs shall be erected to warn the operators of watercraft or motor-propelled marine craft of the idle speed/no wake zone established herein.

Any person exceeding idle speed and/or causing a wake as set forth above shall be punished as provided in Sec. 1-9 of this Code.

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 3^rd day of April, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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

Upon motion made by Mrs. August, which was duly seconded by Mrs. Griffin and carried unanimously, Recommendation Nos. 5, 6 and 7 of the Public Works Committee as outlined heretofore were approved; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of April, 2003, that it does hereby accept the following conditions for the hard surfacing and acceptance of non parish-maintained public roads.

1.Road must serve two or more landowners not in the same immediate family, no gates may be across the road, and there must be no prohibitions against anyone using the road unless established by the Police Jury.

2.100% of the right-of-way must be donated. Exceptions may be made by a majority vote of the Police Jury to expropriate the necessary right-of-way due to non-resident landowners, etc.

3.The road must be hardsurfaced to Calcasieu Parish minimum road standards.

4.The construction costs for any individual road should not be greater than $150,000 per mile or a proportionate basis thereof.

5.At least 80% of the homeowners and owners of at least 50% of the property measured by road frontage must petition the Police Jury to take the road into the Parish road system.

6.The Police Jury will not pay for damages to landscaping, private utilities, mailboxes, etc., lying within or immediately adjacent to the right of way. The removal and/or replacement of these will be the responsibility of the owners of said improvements.

7.The road must not be subject to riverine flooding or excessive environmental mitigation such as wetlands mitigation.

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mr. Clement, seconded by Mr. McMillin and carried unanimously to approve Recommendation No. 8 of the Public Works Committee and to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of April, 2003, that it does hereby approve the Parish’s participation in a Joint Services Agreement(s) with Gravity Drainage Districts No. Four of Ward Three and No. Five of Ward Four, and the Corps of Engineers, for a three-year, $1,000,000 Drainage Project Feasibility Study of the Black Bayou, Hippolyte Coulee, Choupique Bayou and Bayou D’Inde watersheds, wherein the Corps would fund 50% of the study, the drainage districts would fund 25% of the study, and the Parish would fund the remaining 25% of the study.

BE IT FURTHER RESOLVED that the issue of the Parish’s funding match be referred to the Budget Committee to determine the source of funds for the Parish’s portion of the cost.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mr. Danahay and seconded by Mrs. Griffin to approve Recommendation No. 9 of the Public Works Committee and to adopt the resolution associated therewith.

Mr. Danahay asked that the City of Sulphur be requested to submit the engineering plans to the Parish Engineering Department prior to start of the project.

Mrs. Griffin asked if this was a new procedure, or if plans were normally submitted to the Parish for these projects, to which Mr. Smart responded that on most of them, the Parish did the engineering work but in this particular case, the City of Sulphur had initiated the engineering work, and the Parish Engineering Department just wanted an opportunity to review the plans before construction was begun.

A voice vote was taken on the motion on the floor, and said motion carried unanimously; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of April, 2003, that it does hereby approve a Joint Services Agreement between the Police Jury and the City of Sulphur for the overlaying of Prater Street (from I-10 to Highway 90) wherein the Police Jury will fund 37% of the total cost of the project or approximately $140,000.

BE IT FURTHER RESOLVED that the Police Jury does hereby respectfully request that the engineering plans for this project be submitted to the Parish Engineer for review prior to the project being let for bid.

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mr. Andrepont, seconded by Mrs. August and carried unanimously to approve Recommendation No. 10 of the Public Works Committee as outlined heretofore; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of April, 2003, that it does hereby approve a “Contract to Provide Services/Hold Harmless Agreement” between the Police Jury and Leo David Giovanni and Evelyn Jane Giovanni to provide parkkeeper services at Prien Lake Park in Ward Three.

BE IT FURTHER RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

THUS DONE AND PASSED on the date above inscribed.

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

Upon motion made by Mr. Collins, which was duly seconded by Mrs. August and carried unanimously, Recommendation No. 11 of the Public Works Committee was approved, and the following resolution was adopted as a result thereof:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of April, 2003, that it does hereby request the Louisiana Department of Transportation and Development to clean the ditches along the state portion of Hungerford Road in Ward Eight.

THUS DONE AND PASSED on the date above inscribed.

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

Motion was made by Mrs. August, seconded by Mr. McMillin and carried unanimously that Recommendation No. 12 of the Public Works Committee be approved.

It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the recommendations of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on March 25, 2003, on the following cases:

AP03-029-02 (408 N. Goss)

The Director of Planning and Development recommended that the highest offer in the amount of $3,500.00 of Ms. Marquita Arlene Williams be accepted.

AP03-049-02 (2024 Moeling Street)

The Director of Planning and Development recommended that the highest offer in the amount of $4,075.00 of Mr. and Mrs. Cleveland Demetrius Paul III be accepted.

As a result of passage of the motion previously outlined, the following ordinances were adopted:

ORDINANCE NO. 4521

AN ORDINANCE authorizing the Police Jury to declare the property described as: The W 92 ft of lot 4 W G Moeling Sub of Blk 1 of Katrina B Moeling Sub and also that portion of Goss Blvd lying W abandoned by City (being 15 ft), (AP03-029-02; Tax Assessment No. 836680); 408 N Goss in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Marquita Arlene Williams, her agent, or assign for the consideration of $3,500.00 (three thousand 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: The W 92 ft of lot 4 W G Moeling Sub of Blk 1 of Katrina B Moeling Sub and also that portion of Goss Blvd lying W abandoned by City (being 15 ft), (AP03-029-02; Tax Assessment No. 836680); 408 N Goss 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. Marquita Arlene Williams, to purchase said property for the consideration of $3,500.00 (three thousand 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 Ms. Marquita Arlene Williams, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 3^rd day of April, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: The W 92 ft of lot 4 W G Moeling Sub of Blk 1 of Katrina B Moeling Sub and also that portion of Goss Blvd lying W abandoned by City (being 15 ft), (AP03-029-02; Tax Assessment No. 836680); 408 N Goss 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. Marquita Arlene Williams, her agent, or assign for and in consideration of $3,500.00 (three thousand 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 her 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, or his designee, when appropriate, 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 3^rd day of April, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4522

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 2 Shattuck Sub of N ½ Blk 6 Mansfield Sub, (AP03-049-02; Tax Assessment No. 285323); 2024 Moeling Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr and Mrs. Cleveland Demetrius Paul, III, their agent, or assign for the consideration of $4,075.00 (four thousand seventy five 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 2 Shattuck Sub of N ½ Blk 6 Mansfield Sub, (AP03-049-02; Tax Assessment No. 285323); 2024 Moeling 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. Cleveland Demetrius Paul, III, to purchase said property for the consideration of $4,075.00 (four thousand seventy five 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. Cleveland Demetrius Paul, III, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Lot 2 Shattuck Sub of N ½ Blk 6 Mansfield Sub, (AP03-049-02; Tax Assessment No. 285323); 2024 Moeling 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. Cleveland Demetrius Paul, III, their agent, or assign for and in consideration of $4,075.00 (four thousand seventy five 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 their 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.

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.

This ordinance was adopted on the 3^rd day of April, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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Motion was made by Mrs. August, seconded by Mr. Collins and carried unanimously that the recommendations of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on March 25, 2003, on the following cases:

AP03-047-02 (319 S. Bank Street)

The Director of Planning and Development recommended that the highest offer in the amount of $350.00 of Ms. Helen Fay Lemalle be accepted.

AP03-055-02 (1026 13^th Street)

The Director of Planning and Development recommended that the highest offer of $3,100.00 of Ms. Marilyn Jo Woodcock be accepted.

As a result of passage of the motion previously outlined, the following ordinances were adopted:

ORDINANCE NO. 4523

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 167 ft N of NE Cor intersection Bank and Lawrence St, E 134 ft, N 33 ft etc., (AP03-047-02; Tax Assessment No. 598240); 319 S Bank Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Helen Fay Lemalle, her agent, or assign for the consideration of $350.00 (three hundred fifty 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 167 ft N of NE Cor intersection Bank and Lawrence St, E 134 ft, N 33 ft etc., (AP03-047-02; Tax Assessment No. 598240); 319 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 Ms. Helen Fay Lemalle, to purchase said property for the consideration of $350.00 (three hundred fifty 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

NOW, THEREFORE,

Section 1. The property described as: Com 167 ft N of NE Cor intersection Bank and Lawrence St, E 134 ft, N 33 ft etc., (AP03-047-02; Tax Assessment No. 598240); 319 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 Ms. Helen Fay Lemalle, her agent, or assign for and in consideration of $350.00 (three hundred fifty 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:

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.

This ordinance was adopted on the 3^rd day of April, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4524

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lots 6, 7 Blk 5 Himount Sub, (AP03-055-02; Tax Assessment No. 403016); 1026 13^th Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Marilyn Jo Woodcock, her agent, or assign for the consideration of $3,100.00 (three thousand one 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: Lots 6, 7 Blk 5 Himount Sub, (AP03-055-02; Tax Assessment No. 403016); 1026 13^th 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. Marilyn Jo Woodcock, to purchase said property for the consideration of $3,100.00 (three thousand one 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

NOW, THEREFORE,

Section 1. The property described as: Lots 6, 7 Blk 5 Himount Sub, (AP03-055-02; Tax Assessment No. 403016); 1026 13^th 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. Marilyn Jo Woodcock, her agent, or assign for and in consideration of $3,100.00 (three thousand one 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:

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.

This ordinance was adopted on the 3^rd day of April, 2003.