September 4, 2003

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 4, 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, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Cornie Moon

Absent: Mr. Algie Breaux (ill)

Also present were Mr. S. Mark McMurry, Parish Administrator, Mr. Bryan Beam, Assistant Administrator, Mrs. Coleen Clark, Executive Secretary, Mr. Richard Gremillion, Director of Emergency Preparedness, Mrs. Cheryl Heisser, Director of Human Resources, Mr. Claude D. Smart, Parish Engineer, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, Legal Counsel, Mrs. Kathy P. Smith, Recording Secretary, and Mr. Jim Vickers, Director of Planning and Development.

President Kleckley called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance led by Mr. Clement. 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 advised that in an effort to more clearly outline the business transacted at Police Jury meetings, he would be reading aloud each agenda item, or a portion thereof, prior to accepting a motion on the particular item. He further advised that if a motion was made prior to his reading of the item, he would not accept said motion until after the reading occurred. President Kleckley pointed out that some agenda items would have already been thoroughly discussed in committee, or were routine in nature and would have no corresponding need for discussion, and he did not feel a need to read aloud each of those.

President Kleckley advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for an oil, gas, and mineral lease on certain roads and/or streets in Bayou Guy Subdivision located in Sections 4 and 5, Township 11 South, Range 9 West, in Ward Three (Police Jury District 9).

Mr. McMurry then proceeded to open the only bid received, said bid having been submitted by Mayne and Mertz, Inc., the details of which are outlined in the resolution which follows.

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the bid of Mayne and Mertz, Inc. be accepted and that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby accept the bid of Mayne and Mertz, Inc. for a mineral lease on the following described property, to-wit:

Tract 1: that certain tract of land containing 0.86 acres, more or less, situated in the West Half of the Northwest Quarter (W/2 of NW/4) of Section 4 and in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 9 West, Calcasieu Parish, Louisiana, and being more particularly identified as a street known as Wilder Road and all adjacent and adjoining easements as shown on a plat survey dated June 3, 1971, prepared by Philip L. Whitaker and recorded in Plat Book 22, Page 8, bearing File No. 1214613 of the conveyance records of Calcasieu Parish, Louisiana.

Tract 2: that certain tract of land containing 1.04 acres, more or less, situated in the East Half of the Northeast Quarter (E/2 NE/4) of Section 5, Township 11 South, Range 9 West, Calcasieu Parish, Louisiana, and being more particularly identified as a street known as Ford Road and all adjacent and adjoining easements as shown on a plat of survey dated June 3, 1971, prepared by Philip L. Whitaker and recorded in Plat Book 22, Page 8, bearing File No. 1214613 of the conveyance records of Calcasieu Parish, Louisiana.

All tracts and/or parcels of land described above containing 1.90 acres, more or less.

for a three-year lease with a cash bonus of Five Hundred Seventy and no/100 ($570.00) and an annual rental of Five Hundred Seventy and no/100 ($570.00) and with the Calcasieu Parish Police Jury to receive 22.5% of all oil produced and saved or utilized, 22.5% of all gas produced and saved or utilized, 22.5% of all sulphur produced and saved, and 22.5% of all other liquid or gaseous hydrocarbon minerals produced and saved.

BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute the necessary lease contract to consummate this transaction.

THUS DONE AND PASSED on the date above inscribed.

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Mrs. Treme and Mr. McMillin presented a plaque with the following wording to representatives of Waterworks District No. Seven of Wards Four and Six:

Certificate of Recognition

Presented by the Calcasieu Parish Police Jury on this, the 4^th day of September, 2003, to

Waterworks District No. Seven of

Wards Four & Six

in recognition and commendation of receiving the Water System of the Year,

South Louisiana award, given by the Louisiana Rural Water Association, at its

18^th annual awards banquet held Wednesday, July 16, in Alexandria, Louisiana.

Congratulations and keep up the good work!

/s/ Chuck Kleckley, President

/s/ Sandra J. “Sandy” Treme, District 11

/s/ Hal McMillin, District 14

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Mrs. Treme pointed out that this district performed one of the most awesome jobs for the area insofar as water service, and she was very proud of the award.

Mr. Fred Fluitt, member of the Board of Commissioners of said water district, pointed out that the district had received this award twice, and that it was with the help of the Police Jury who had supported the district in every way since the district was first established.

Mr. McMillin stated that the board was one which did not need to be micro-managed. He thanked Mr. Joe Withers, District Administrator, for his efforts in making sure the district had good water to drink and good water pressure to fight fires.

Mr. Withers stated that it had been through the wisdom of the Police Jury that the water district had been able to accomplish everything it had. He further stated that the riverboat gaming funds had really helped and that he had people from all over the state asking to come look at what the district was doing. Mr. Withers advised that the district had lowered rates to its customers three times and had never raised them.

Mr. Withers introduced Ms. Ann Boyd, Office Manager, and Mr. Eric Vige, Service Manager, who were also present at the meeting on this date.

A presentation which included cake and balloons was made at this time by representatives of the Calcasieu Council on Aging (CCOA) to express appreciation to the Police Jury for the Jury’s recent funding commitment to enhance the CCOA’s Meals on Wheels Program.

Mr. Andrepont thanked the volunteers of CCOA for the work they did to help so many people throughout the Parish. He stated that it was a tribute to them to see the emphasis that was put on the Meals on Wheels Program, and he hoped the Police Jury could help the agency again in the future.

Mrs. Grace Savoie appeared before the Police Jury on behalf of the CCOA to express appreciation for the Jury’s funding commitment. She encouraged the jurors to make the time to ride with the CCOA driver when the meals were being delivered, pointing out that sometimes that driver was the only person that senior citizen saw all day. Mrs. Savoie closed by saying that the staff and volunteers of CCOA thanked God daily for people like the jurors who helped those less fortunate in the community.

Mr. Manuel expressed his appreciation for the CCOA volunteers and pointed out that helping others was probably the best feeling one could have.

Mrs. Treme stated that she enjoyed working with CCOA as a member of its advisory committee. She advised that it was a “feel good thing” because she knew she was helping people who really needed the help.

President Kleckley recognized Mayor Randy Roach of the City of Lake Charles as being present at the meeting on this date.

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

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

It was moved by Mrs. August, seconded by Mr. Landry and carried unanimously to approve the minutes of the regular meeting of the Police Jury dated August 7, 2003.

Motion was made by Mrs. Griffin, which was duly seconded by Mr. McMillin and carried unanimously, that the Agenda Committee Report dated August 28, 2003, be approved as follows:

AGENDA COMMITTEE REPORT

August 28, 2003

A meeting of the Agenda Committee was held on Thursday, August 28, 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. Cornie Moon, and Mrs. Sandra Treme

Absent: Mr. Algie Breaux (ill), Dr. Charles S. Mackey (out-of-town) and Mr. Don Manuel

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

Chairman McMillin 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 September 4, 2003.

Following review of the items to be considered by the Police Jury on September 4^th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.

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.

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Upon motion made by Mr. Moon, which was duly seconded by Mr. Danahay and carried unanimously, the Public Works Committee Report dated August 28, 2003, was approved as follows:

PUBLIC WORKS COMMITTEE REPORT

August 28, 2003

______________________________________

A meeting of the Public Works Committee was held on Thursday, August 28, 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. Hal McMillin, Mr. Cornelius Moon, and Mrs. Sandra J. Treme

Absent: Mr. Algie Breaux (ill), Charles S. Mackey, D.D.S. (out of town) and Mr. Don Manuel

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

Said Committee:

(1) Received report from Mr. Allen Smith, General Counsel, as to the authority of the Parish to address complaints relative to an overgrown lot located on Fontenot Road. Mr. Smith advised that there were no other parishes that had the authority to go on private property to clear such property, and he was concerned about the potential for exposure to a lawsuit or damages if the Police Jury was given the authority to do so. He further advised that the Health Department was charged with the responsibility for making sure there were no health problems associated with overgrown lots, and the Sheriff’s Department was charged with the responsibility for not allowing criminal behavior on such lots. Following a lengthy discussion, the Committee recommended that a resolution be adopted requesting the Calcasieu Legislative Delegation to consider the enactment of legislation to extend the authority currently granted under LSA–R.S. 33:4754 to allow the Parish to clear property for the purpose of alleviating health and safety problems associated with overgrown lots, and further, to grant the Parish immunity from liability in this regard. Voting in opposition to this recommendation were: Mr. Clement, Mr. Danahay, and Mr. Kleckley. Mr. Rex Dansby, 317 Fontenot Road, Lake Charles, who originally asked for assistance in this matter, appeared before the Committee. (Police Jury District 9)

NOTE: On July 31, 2003, the Police Jury received a report from Mr. Allen Smith, General Counsel, as to the authority of the Parish to address complaints relative to an overgrown lot located on Fontenot Road. Mr. Smith advised that the current Parish ordinance pertaining to this issue provided authority for the cutting of overgrown grass and weeds, not the clearing of lots which would be required in this particular case. The Committee recommended that language be drafted by the staff, for presentation at the next Public Works Committee meeting, to amend the grass cutting ordinance, or to introduce legislation allowing the Parish to amend said ordinance, to give the Police Jury and staff the authority to alleviate the health and safety problems associated with overgrown lots throughout the Parish.

(2) Recommended that an ordinance be adopted to amend Ordinance No. 4443 and to accept the offer of Gillard Enterprises in the amount of $8,000 for the purchase of adjudicated property located at 2709 General Travis Street in Lake Charles. (Police Jury District 10)

NOTE: On November 7, 2002, the Police Jury adopted Parish Ordinance No. 4443 (AP03-031-02) which authorized the sale of this property to Malcolm J. Boatner for $12,000. Mr. Boatner failed to meet the requirements in order to complete the sale of this property. Gillard Enterprises was the second highest bidder and previously bid $11,200 for this property. The staff recommended that, due to deterioration of the subject property since the initial bids were received, the offer of Mr. Gillard be accepted.

(3) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

(3.1) establish 55 mph on Ward Line Road, from Louisiana 14 South to Louisiana 397, in Wards Two and Three (Police Jury Districts 9 and 10); and

(3.2) establish “no thru trucks” on Phils Lane in Ward One (Police Jury Districts 1 and 14).

(4) Recommended approval of an agreement between the Police Jury and Ray Taylor for the extension of Currie Drive in Ward Four a distance of approximately 440 feet at an estimated cost of $873.45, as per the request of Mr. Taylor, and further, authorized the President of the Police Jury to execute the agreement. (Police Jury District 12)

(5) Recommended that a resolution be adopted regarding the expropriation of property from J.A.T.K.Y. Partnership, a limited partnership, domiciled in Calcasieu Parish, for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07) described as follows: (Police Jury District 8)

Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 25, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence S 0° 54' 14" W along the West line of said Southwest Quarter of Northwest Quarter a distance of 350.0 feet, thence East a distance of 30.0 feet to the East Right of Way line of Nelson Road and point of beginning, thence S 0° 54' 14" W along said East Right of Way line a distance of 991.76 feet more or less to the South line of said Southwest Quarter of Northwest Quarter, thence East along said South line a distance of 28.38 feet to the beginning of a non tangent curve that is concave to the West that has a radius of 22963.31 feet, a central angle of 1° 13' 12" and a chord bearing of N 0° 23' 07" W, thence Northerly along said curve a distance of 488.95 feet, thence N 0° 59' 43" W a distance of 103.0 feet to the beginning of a curve concave to the East that has a radius of 22873.31 feet and a central angle of 1° 00' 06", thence Northerly along said curve a distance of 399.90 feet, thence West a distance of 4.2 feet to point of beginning. Contains 0.39 acres more or less.

(6) Recommended that a resolution be adopted regarding the expropriation of property from Joshua Timberlands LLC for the Paul Bellon Road Project in Ward One (No Project Number) as follows: (Police Jury District 1)

East Tract - Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter of Section 22, Township 8 South, Range 8 West, in Calcasieu Parish, Louisiana, thence East along the South line of said Southeast Quarter of Northeast Quarter a distance of 0.5 feet to the East Right of Way line of Paul Bellon Road and point of beginning, thence N 0° 10' 28" W along said East Right of Way line a distance of 2615.57 feet more or less to the South Right of Way of Birdnest Road, thence East along said South Right of Way line a distance of 50.0 feet, thence S 43° 04' 05" W a distance of 43.8 feet, thence S 0° 10' 28" E along a line that is parallel to and 20.0 feet East of said East Right of Way line a distance of 2583.65 feet, more or less to the South line of said Southeast Quarter of Northeast Quarter, thence West along said South line a distance of 20.0 feet to point of beginning. Contains 1.21 acres more or less.

West Tract - Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 22, Township 8 South, Range 8 West, in Calcasieu Parish, Louisiana, thence West along the South line of said Southwest Quarter of Northeast Quarter a distance of 59.5 feet to the West Right of Way line of Paul Bellon Road and point of beginning, thence N 0° 10' 28" W along said West Right of Way line a distance of 2435.65 feet more or less to a line that is parallel to and 208.7 feet South of the North line of said Section 22, thence West along said parallel line a distance of 20.0 feet, thence S 0° 10' 28" E along a line that is parallel to and 20.0 feet West of said West Right of Way line a distance of 2435.65 feet, more or less to the South line of said Southwest Quarter of Northeast Quarter, thence East along said South line a distance of 20.0 feet to point of beginning. Contains 1.12 acres more or less.

(7) Recommended approval of an agreement between the Police Jury and the Louisiana Department of Transportation and Development (Off-System Bridge Replacement Program) for replacement of the Welcome Road Bridge located in Ward One, State Project No. 713-10-0103, and further, authorized the President of the Police Jury, or his designee, when appropriate, to execute all document related thereto. (Police Jury District One)

(8) Recommended approval of a Joint Services Agreement between the Police Jury and Ward Three Fire Protection District No. Two for the clearing of a 100' x 5' area by the Parish along the back property line of the District’s Gulf Highway Fire Station, and further, authorized the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (Police Jury District 10)

NOTE: The Fire District will reimburse the Parish for labor and fuel at an estimated cost of $186.40.

(9) Recommended approval of an Amendment to a Joint Services Agreement between the Police Jury and Ward Six Fire Protection District No. One for the expansion of a parking lot at Station No. One, and further, authorized the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

NOTE: The Police Jury recently approved a Joint Services Agreement for the expansion of the parking lots located at Station No. Two and Station No. Three. Prices will be based on the previously-approved agreement, and the Fire District will reimburse the Parish accordingly.

(10) Recommended that Calcasieu Parish Project No. 2003-05 (Stripping of Various Roads in Calcasieu Parish) be accepted as substantially complete.

(11) Recommended that the staff conduct a traffic study to determine the feasibility of establishing a 25-mph speed limit on You Winn Road, from Highway 171 to Goss Road, in Ward One.

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It was moved by Mr. Moon, seconded by Mr. Danahay and carried unanimously to approve Recommendation Nos. 1 through 10 of the Public Works Committee as outlined heretofore; whereupon, the following resolutions and ordinances were adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby respectfully request the Calcasieu Legislative Delegation to consider the enactment of legislation to extend the authority currently granted under LSA —R.S. 33:4754 to allow the Parish to clear property for the purpose of alleviating health and safety problems associated with overgrown lots.

BE IT FURTHER RESOLVED that this proposed legislation also include that the Parish be granted immunity from liability in this regard.

BE IT FURTHER AND FINALLY RESOLVED that certified copies of this resolution be forwarded to members of the Calcasieu Legislative Delegation requesting their assistance in this matter.

THUS DONE AND PASSED on the date above inscribed.

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ORDINANCE NO. 4608

WHEREAS, on November 7, 2002, the Calcasieu Parish Police Jury adopted Ordinance No. 4443 which authorized the sale of adjudicated property described as Lot 21 Blk M Greinwich Terrace plat no. 2 (AP03-031-02; Tax Assessment No. 455458), 2709 General Travis in Ward Three, to Mr. Malcolm J. Boatner for the sum of $12,000.00 (twelve thousand dollars); and

WHEREAS, Mr. Boatner has failed to fulfill the necessary requirements in order to complete the sale of this property; and

WHEREAS, Mr. Ray Cleveland Gillard, DBA Gillard Enterprises, was the second highest bidder for the property and previously bid $11,200.00 (eleven thousand, two hundred dollars) for said property; and

WHEREAS, since the time of the original sale of the property to Mr. Boatner, the house located on the property has deteriorated due to termite damage and vandalism, and a condemnation notice has been posted on the structure by the City of Lake Charles; and

WHEREAS, Mr. Gillard has provided written notification of his intent to purchase the property for $8,000.00 (eight thousand dollars) and to immediately perform the necessary repairs and grass cutting to clean up the property; and

WHEREAS, it is the recommendation of the Director of the Division of Planning and Development that given the circumstances outlined heretofore, it is in the best interest of the Parish to accept the offer of Mr. Gillard in the amount of $8,000.00 for the sale of this parcel of adjudicated property.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of September, 2003, that it does hereby amend Ordinance No. 4443 to stipulate that authorization for the sale of property described as Lot 21 Blk M Greinwich Terrace plat no. 2 (AP03-031-02; Tax Assessment No. 455458), 2709 General Travis in Ward Three, to Mr. Malcolm J. Boatner for the sum of $12,000.00 (twelve thousand dollars) is hereby revoked due to the failure of Mr. Boatner to fulfill the necessary requirements in order to complete the sale of this property.

BE IT FURTHER ORDAINED that because of deterioration of the property since the time of the original sale in November of 2002, as well as the posting of a condemnation notice by the City of Lake Charles on the structure which is located on said property, the recent offer of Mr. Ray Cleveland Gillard, DBA Gillard Enterprises, in the amount of $8,000.00 for the purchase of said property is hereby accepted.

BE IT FURTHER AND FINALLY ORDAINED that all remaining portions of Ordinance No. 4443 shall remain in full force and effect with respect to the sale of the property to Mr. Ray Cleveland Gillard instead of Mr. Malcolm J. Boatner.

This ordinance was adopted on the 4^th day of September, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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ORDINANCE NO. 4609

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 Ward Line Road in Wards Two and Three 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. 17-68.2, Fifty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Ward Line Road, from Louisiana 14 South to Louisiana 397, in Wards 2 and 3

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 4^th day of September, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4610

AN ORDINANCE amending Chapter 17, Art. II, Div. 1. Generally, of the Code of Ordinances of Calcasieu Parish, Louisiana, to prohibit truck traffic on Phils Lane in Ward One of Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 1. Generally, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION 1. Sec. 17-45 of Chapter 17, Art. II, Div. 1. Generally, is amended by including the following road in the provisions of said section:

Phils Lane in Ward 1.

BE IT FURTHER ORDAINED that effective immediately, no through truck traffic shall travel on Phils Lane in Ward One, as heretofore set forth.

BE IT FURTHER ORDAINED that appropriate signs shall be erected along the roads set forth above, at reasonable intervals, to warn the operators of vehicles that through truck traffic is prohibited.

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.

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.

This ordinance was adopted on the 4^th day of September, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby approve an agreement between the Police Jury and Ray Taylor for the extension of Currie Drive in Ward Four a distance of approximately 440 feet at an estimated cost of $873.45, as per the request of Mr. Taylor.

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.

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 25, Township 10 South, Range 9 West, necessary for the Nelson Road Project in Ward Three (Calcasieu Parish Project No. 1999-07), said property being owned by J.A.T.K.Y. Partnership, a limited partnership, domiciled in Calcasieu Parish, and more particularly described as follows:

Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 25, Township 10 South, Range 9 West, in Calcasieu Parish, Louisiana, thence S 0^∘ 54' 14" W along the West line of said Southwest Quarter of Northwest Quarter a distance of 350.0 feet, thence East a distance of 30.0 feet to the East Right of Way line of Nelson Road and point of beginning, thence S 0^∘ 54' 14" W along said East Right of Way line a distance of 991.76 feet more or less to the South line of said Southwest Quarter of Northwest Quarter, thence East along said South line a distance of 28.38 feet to the beginning of a non tangent curve that is concave to the West that has a radius of 22963.31 feet, a central angle of 1^∘ 13' 12" and a chord bearing of N 0^∘ 23' 07" W, thence Northerly along said curve a distance of 488.95 feet, thence N 0^∘ 59' 43" W a distance of 103.0 feet to the beginning of a curve concave to the East that has a radius of 22873.31 feet and a central angle of 1^∘ 00' 06", thence Northerly along said curve a distance of 399.90 feet, thence West a distance of 4.2 feet to point of beginning. Contains 0.39 acres more or less.

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

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby authorize its staff to proceed with the necessary legal steps, as authorized by LSA-R.S. 19:134 et seq., to expropriate property located in Section 22, Township 8 South, Range 8 West, necessary for the Paul Bellon Road Project in Ward One, said property being owned by Joshua Timberlands LLC, and more particularly described as follows:

East Tract: Commencing at the Southwest corner of the Southeast Quarter of the Northeast Quarter of Section 22, Township 8 South, Range 8 West, in Calcasieu Parish, Louisiana, thence East along the South line of said Southeast Quarter of Northeast Quarter a distance of 0.5 feet to the East Right of Way line of Paul Bellon Road and point of beginning, thence N 0^o 10' 28" W along said East Right of Way line a distance of 2615.57 feet more or less to the South Right of Way of Birdnest Road, thence East along said South Right of Way line a distance of 50.0 feet, thence S 43^o 04' 05" W a distance of 43.8 feet, thence S 0^o 10' 28" E along a line that is parallel to and 20.0 feet East of said East Right of Way line a distance of 2583.65 feet, more or less to the South line of said Southeast Quarter of Northeast Quarter, thence West along said South line a distance of 20.0 feet to point of beginning. Contains 1.21 acres more or less.

West Tract: Commencing at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 22, Township 8 South, Range 8 West, in Calcasieu Parish, Louisiana, thence West along the South line of said Southwest Quarter of Northeast Quarter a distance of 59.5 feet to the West Right of Way line of Paul Bellon Road and point of beginning, thence N 0^o 10' 28" W along said West Right of Way line a distance of 2435.65 feet more or less to a line that is parallel to and 208.7 feet South of the North line of said Section 22, thence West along said parallel line a distance of 20.0 feet, thence S 0^o 10' 28" E along a line that is parallel to and 20.0 feet West of said West Right of Way line a distance of 2435.65 feet, more or less to the South line of said Southwest Quarter of Northeast Quarter, thence East along said South line a distance of 20.0 feet to point of beginning. Contains 1.12 acres more or less.

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

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby approve an agreement between the Police Jury and the Louisiana Department of Transportation and Development (Off-System Bridge Replacement Program) for replacement of the Welcome Road Bridge located in Ward One, State Project No. 713-10-0103.

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.

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby approve a Joint Services Agreement between the Police Jury and Ward Three Fire Protection District No. Two for the clearing of a 100' x 5' area along the back property line of the District’s Gulf Highway Fire Station.

BE IT FURTHER RESOLVED that the Fire District will reimburse the Parish for labor and fuel at an estimated cost of $186.40.

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

THUS DONE AND PASSED on the date above inscribed.

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby approve an Amendment to a Joint Services Agreement between the Police Jury and Ward Six Fire Protection District No. One for the expansion of a parking lot at Station No. One.

BE IT FURTHER RESOLVED that the prices will be based on the previously-approved agreement for the expansion of the parking lots located at Station No. Two and Three, and the Fire District will reimburse the Parish accordingly.

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

THUS DONE AND PASSED on the date above inscribed.

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With reference to Recommendation No. 11 of the Public Works Committee as outlined heretofore, Mr. Smart advised that an engineering traffic study had been done (a copy of which is on file in the archives of the Police Jury) and that the staff could not recommend a 25-mph speed limit on You Winn Road. He pointed out that said road was currently posted with a 40-mph speed from U.S. Highway 171 to Smith Road and 45-mph from Smith Road to Goos Road, and the staff’s recommendation was to cancel both of these speed limits and adopt an ordinance establishing a 40-mph speed limit the entire length of You Winn Road.

Mr. Manuel stated that he had seen a copy of the study and that he agreed with the staff’s recommendation. Motion was then made by Mr. Manuel, seconded by Mrs. August and carried unanimously that the following ordinance be adopted:

ORDINANCE NO. 4611

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to amend the speed limit on You Winn Road in Ward One of Calcasieu Parish.

SECTION 1. Sec. 17-68, Forty-five miles per hour, of the Code of Ordinances is amended by removing the following road from the provisions of said section:

You Winn Road, from Smith Road to Goos Road, in Ward 1

SECTION 2. Sec. 17-67, Forty miles per hour, of the Code of Ordinances is amended:

By Removing the following road in the provisions of said section:

- You Winn Road, from U.S. Highway 171 to Smith Road, in Ward 1

By Including the following roads in the provisions of said section:

- You Winn Road, in its entirety, in Ward 1

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall travel in excess of the maximum speed limit established above.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along the road set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.

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

This ordinance was adopted on the 4^th day of September, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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It was moved by Mr. Derbonne, seconded by Mr. Collins and carried unanimously to authorize the Division of Planning and Development to conduct a zoning classification study to consider rezoning property in subdivisions adjoining Lake Breeze Drive, as requested by Mr. Derbonne. Mr. Vickers explained that this area was currently zoned R-2 (Mixed Residential) and that Mr. Derbonne had asked for a study to determine if R-1 (Single Family Residential) might be a more appropriate classification.

Upon motion made by Mrs. August, which was duly seconded by Mr. Moon and carried unanimously, the following resolutions were adopted:

RESOLUTION

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Mr. Stephen Krajicek 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 4^th day of September, 2003, that it does hereby indicate no objection to the proposal of Mr. Stephen Krajicek to deposit approximately 110 cubic yards of limestone rip-rap to stabilize an eroding shoreline, and construct a 12-feet wide by 80-feet long timber wharf for private use. Project construction would occur withing an area 400 feet long, parllel to the mean high water shoreline, and extending channelward a distance of 12 feet. Project implementation would impact approximately 0.047 acres of water bottoms. Said project is located along the west bank of the West Fork of the Calcasieu River, near Moss Bluff, 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, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to 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, the staff of the Division of Planning and Development has evaluated the proposal of Momentum Resources, Inc. 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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby indicate no objection to the proposal of Momentum Resources, Inc. to clear, grade, grub, excavate and place approximately 32,000 cubic yards of on-site earthen fill and 14,000 cubic yards of hauled-in clay and crushed limestone fill for construction of 9 house pads and driveways, a road extension, and drainage ditches, all to implement the Dominion Ranch residential subdivision. Project implementation would directly impact approximately 6.1 acres of jurisdictional wetlands on the 78.33 acre tract. Said project is located off Tank Farm Road near Lake Charles, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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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 CITGO Petroleum Corporation to deposit 3,000 cubic yards of fill material to improve 135 feet of existing roadway and to construct 300 feet of new roadway and erect 530 feet of bridge for the purpose of accessing work sites; dredge and remove 8,500 cubic yards of bottom sediments and place 2,500 cubic yards of low permeable clay to re-contour 700 feet of the Indian Marais channel, dredge to construct 1,225 feet of new Indian Marais channel through wetlands of which 550 feet would be enclosed with sheet pile walls. Place 2,000 cubic yards of earthen material to improve 900 feet of existing levee, install 430 feet of sheet pile wall and deposit 2,500 cubic yards of riprap to seal a lagoon outlet at the Calcasieu River, all as part of complying with a Louisiana Department of Environmental Quality closure request for facilities at CITGO’s Lake Charles Manufacturing Complex. Project implementation would impact approximately 2.30 acres of tidal marsh and 1.20 acres of bottomland hardwood wetlands. Said project is located off Louisiana Highway 108 near Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of CITGO Petroleum Corporation 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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby indicate no objection to the proposal of CITGO Petroleum Corporation to deposit 3,000 cubic yards of fill material to improve 135 feet of existing roadway and to construct 300 feet of new roadway and erect 530 feet of bridge for the purpose of accessing work sites; dredge and remove 8,500 cubic yards of bottom sediments and place 2,500 cubic yards of low permeable clay to re-contour 700 feet of the Indian Marais channel, dredge to construct 1,225 feet of new Indian Marais channel through wetlands of which 550 feet would be enclosed with sheet pile walls. Place 2,000 cubic yards of earthen material to improve 900 feet of existing levee, install 430 feet of sheet pile wall and deposit 2,500 cubic yards of riprap to seal a lagoon outlet at the Calcasieu River, all as part of complying with a Louisiana Department of Environmental Quality closure request for facilities at CITGO’s Lake Charles Manufacturing Complex. Project implementation would impact approximately 2.30 acres of tidal marsh and 1.20 acres of bottomland hardwood wetlands. Said project is located off Louisiana Highway 108 near Lake Charles , in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Calcasieu Drainage District 4 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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of September, 2003, that it does hereby indicate no objection to the proposal of Calcasieu Drainage District 4 to clear, grade, snag and dredge drainage main W-6 and L-3 to improve drainage of surrounding area. Existing spoil banks would be cleared and leveled prior to snagging and dredging operations. Approximately 81,000 cubic yards of material and debris excavated from the canals would be deposited on cleared and leveled spoil banks located within a proposed 100-foot right-of-way. Project implementation would adversely affect approximately 15.3 acres of jurisdictional wetlands. Said project is located in Black Bayou, central to a point about 6.3 miles southerly from Lake Charles, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was made by Mr. Andrepont, 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 August 26, 2003, on the following cases, and that an ordinance be adopted with respect to each piece of property:

AP03-052-02 (Taylor Street - vacant lot) Police Jury District 10

The Director of Planning and Development recommended that the highest offer in the amount of $3,000.00 submitted by Mr. Gregory D. Brooks be accepted.

AP03-106-03 (Lyons Street - vacant lot) Police Jury District 2

The Director of Planning and Development recommended that the highest offer in the amount of $650.00 submitted by Mr. Michael W. Jones be accepted.

AP03-115-03 (Hwy. 14 - vacant lot) Police Jury District 10

The Director of Planning and Development recommended that the highest offer in the amount of $5,000.00 submitted by Mr. Gregory D. Brooks be accepted.

AP03-116-03 (2330 9^th Street) Police Jury District 4

The Director of Planning and Development recommended that the highest offer in the amount of $8,000 submitted by Mr. Gregory D. Brooks be accepted.

AP03-117-03 (Jackson Street - vacant lot) Police Jury District 3

The Director of Planning and Development recommended that the highest offer in the amount of $2,000 submitted by Mr. Dennis C. Ware III be accepted.

AP04-045-02 (Houston River Road - vacant lot) Police Jury District 15

The Director of Planning and Development recommended that the highest offer in the amount of $10,500.00 submitted by Mr. Willie Hollis be accepted.

AP04-113-03 (Prater Road - west side) Police Jury District 15

The Director of Planning and Development recommended that the highest offer in the amount of $6,000.00 submitted by Ms. Gilda Marie Jones be accepted.

AP03-089-03 (Lyons Street) Police Jury District 3

Donated Surplus Adjudicated Property

Legal Description: Lot 10 Blk 4 Sub of Lots 7, 8 Spence Sub (Being Arbogast Sub) Appraisal: $2,500.00 Deposit Amount: $225.00

Donee: Reeves Temple Methodist Episcopal Church

The Director of Planning and Development recommended that the said property be accepted as a donation as no opposition was received.

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

ORDINANCE NO. 4612

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 29 Blk L Greinwich Village; (AP03-052-02; Tax Assessment No. 751456); Taylor Street (vacant lot) in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Gregory D. Brooks, his designated agent, or assignee for the consideration of $3,000.00 (three thousand dollars) cash, or to the highest offer or which is accompanied by 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 29 Blk L Greinwich Village; (AP03-052-02; Tax Assessment No. 751456); Taylor Street (vacant lot) 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. Gregory D. Brooks, 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. Gregory D. Brooks, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 4^th day of September, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lot 29 Blk L Greinwich Village; (AP03-052-02; Tax Assessment No. 751456); Taylor Street (vacant lot) 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 or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Gregory D. Brooks, his designated agent, or assignee for and in consideration of $3,000.00 (three thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

A) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to