November 20, 2003 

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, November 20, 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. Jerry Milner, Director of Finance, Mr. Allen Smith of the firm of Plauche, Smith and Nieset, General Counsel, Mrs. Kathy P. Smith, Recording Secretary, and Mr. Claude D. Smart, Parish Engineer.

 

            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.

 

            Mr. Kevin Merchant, Protection Superintendent of Alcoa Carbon Products, and Mr. Mike Griffin, Plant Manager, appeared before the Police Jury to present a check in the amount of $7,500.00 which represented a grant to the Calcasieu Emergency Training Center to be used for search and rescue training.

 

            Mr. Griffin stated that his company was proud to be a part of something that would help improve the health and safety of the people in the community.

 

            Mr. Gremillion stated that this was an excellent example of the public/private partnerships in the Parish and thanked Alcoa Carbon Company for being friends to the public safety community.

 

            Dr. Mackey asked if the State had disbursed Homeland Security funding to the local governments yet, to which Mr. Gremillion responded that Calcasieu had received its first $289,000 of equipment and that in the next couple of weeks, he would be budgeting for expenditure of $821,000 which would be forthcoming.

 

            President Kleckley thanked Alcoa Carbon Company for being good corporate neighbors in Calcasieu Parish.

 

            Mr. Gremillion and Mr. Mason Lindsey, Chairman of the Local Emergency Planning Committee, presented the 2003 Volunteer Firefighter of the Year awards to the following persons, giving a brief biographical outline of each person: Klint Dubrock – Ward Two Fire Protection District No. One; Michael Dickerson – Ward Four Fire Protection District No. Three; A. J. Grevemberg – Ward Four Fire Protection District No. Four; Mark LeDoux – Ward Four Fire Protection District No. Two; Dennis Eygaboard – Ward Five Fire Protection District No. One (Mr. Eygaboard was unable to attend the meeting); Michael Ezell, Jr. – Ward Eight Fire Protection District No. Two; Phil Mallett – Iowa Fire Protection District No. One of Ward Eight and Ward Eight Fire Protection District No. Two; Ben Fox – Ward Seven Fire Protection District No. One; and Pat Aguillard – Iowa Fire Protection District No. One of Ward Eight.

 

            Mr. Gremillion stated that Mr. Pat Aguillard was the unanimous choice of the judges in determining who would be selected Firefighter of the Year. He explained that Mr. Aguillard had been associated with the fire district as either a member of the Board of Commissioners or a fire fighter for the past 53 years and that he was still active with the fire department. Mr. Gremillion advised that Mr. Aguillard had served as Fire Chief of the district from 1964 to 1976.

 

            Mr. Aguillard received a standing ovation, and he stated that he was proud to be honored for his service and proud that he was still a fireman. He pointed out that he was 83 years old.

 

            Mr. Manuel stated that volunteer firefighters were a very special group of people and that without them, the fire departments could not function. He also stated that he had never met a more dedicated group of people and urged them to keep up the good work.

 

            Upon motion made by Mrs. Treme, which was duly seconded by Mrs. August and carried unanimously, the following applications for liquor and beer permits were approved:

 

WARD III

Pine Shadows Golf Course, Inc.

Ronald Rider - Pres.

PINE SHADOWS GOLF CENTER

750 Goodman Road

Lake Charles, LA 70615                                   Liquor & Beer - ‘2004                          135.00

(Calvin Collins’ District)


Roland & Lois, LLC

Shawn P. Saucier - Member

GEAUX - GEAUX’S

4101 Hwy. 90 East

Lake Charles, LA 70615                                   Liquor & Beer - ‘2004                          135.00

(Algie Breaux’s District)


WARD VI


Drew D. Pitre d/b/a

WINGATE’S GROCERY

1020 Hwy. 27

DeQuincy, LA 70633                                       Liquor & Beer - Pkg. - ‘2004                        75.00

(Sandy Treme’s District)

 

        TOTAL REMITTANCE:                                                           $345.00


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


            It was moved by Mrs. August, seconded by Mrs. Griffin and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated October 23, 2003.

 

            President Kleckley advised that action was needed on Zoning Case RZ01-046-03 which was a request by Keith and Helaine Gover to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow three duplexes at 124 Fruge Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, November 18, 2003, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that all drives and parking be hardsurfaced (concrete or asphalt).

 

            Motion was made by Mr. Andrepont, seconded by Dr. Mackey and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-046-03 and that the request be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4653

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Keith and Helaine Gover to rezone from R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow three duplexes on the property described as: Com at a point which is 417.4 feet S and 208.7 feet W of the NE cor of the NW/4 of the NW/4 of S8, T9S, R8W; thence W 208.7 feet; thence S along Spears Road, now being Fruge Road, a distance of 184.6 feet; thence E 208.7 feet; thence N 184.6 feet to the poc.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of November, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:

 

From R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow three duplexes with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that all drives and parking must be hardsurfaced (concrete or asphalt), on the property described as: Com at a point which is 417.4 feet S and 208.7 feet W of the NE cor of the NW/4 of the NW/4 of S8, T9S, R8W; thence W 208.7 feet; thence S along Spears Road, now being Fruge Road, a distance of 184.6 feet; thence E 208.7 feet; thence N 184.6 feet to the poc.

 

Zoning Case RZ01-046-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


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

 

                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


            President Kleckley advised that action was needed on Zoning Case RZ01-045-03 which was a request by the residents of Bozo Road to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to maintain single-family residential character on Bozo Road, Emile Road, and Maude Road in Ward One, Police Jury District 1. He further advised that the Planning and Zoning Board had met on Tuesday, November 18, 2003, and voted ten (for) to one (against) to recommend that the request be granted.

 

            It was moved by Mr. Manuel, seconded by Mrs. Treme and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to Zoning Case RZ01-045-03 and to grant the request to rezone; whereupon, the following ordinance was adopted:

 

ORDINANCE NO. 4654

 

AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by the Residents of Bozo Road to rezone from R-2 (Mixed Residential) to R-1 (Single Family Residential) to maintain single family residential character on the property described as: Com at SW cor of SE NE 7-9-8, thence N 845’, thence E 896’, thence S 412’, thence Southeasterly 520’, thence S 226’, thence W 1320’ to poc and N/2, N/2 of NE SE 7-9-8.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of November, 2003, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:

 

From R-2 (Mixed Residential) to R-1 (Single Family Residential) to maintain single family residential character, on the property described as: Com at SW cor of SE NE 7-9-8, thence N 845’, thence E 896’, thence S 412’, thence Southeasterly 520’, thence S 226’, thence W 1320’ to poc and N/2, N/2 of NE SE 7-9-8.

 

Zoning Case RZ01-045-03


            BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.


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

 

                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


            President Kleckley advised that action was needed on amending Chapter 26 (Zoning) of the Calcasieu Parish Code of Ordinances as follows: (1) exclude public and private schools in the definition of “Public Use” in Definitions as well as amending Chart A accordingly; and (2) redefine the building area of accessory buildings in “Accessory Uses” from “shall not be greater than forty (40) percent of the required rear yard area” to “shall not exceed 2,000 square feet.” He further advised that with respect to the amendment numbered (1) as outlined heretofore, the Planning and Zoning Board had met on Tuesday, November 18, 2003, and voted ten (for) to one (against) to recommend that the amendment be approved, and further, that said Board at said meeting had voted unanimously to recommend that the amendment numbered (2) as outlined heretofore be approved.

 

            In answer to a question by Mr. Derbonne, Mrs. Pam Mattingly, Assistant Director of Planning and Development, advised that research done by the staff with regard to the past four years had indicated that the average accessory building was 1,700 square feet, so that figure had been increased to 2,000 square feet in developing the new definitions. She further advised that owners of larger buildings could make a request for a variance, but that the staff was trying to reduce that number of requests by reducing the square footage requirements.

 

            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Moon and carried unanimously, the amendments as outlined heretofore were approved, and the following ordinance was adopted:

 

ORDINANCE NO. 4655

 

AN ORDINANCE amending Chapter 26 – Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.

                          

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of November, 2003, that it does hereby amend Chapter 26 – Zoning, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:


            SECTION I.            Article II, Sec. 26-6. Definitions, is amended as follows:

 

Public use: Any use operated by an agency of government or private entity which provides a direct service to the public including police, fire, library, and recreational services (excluding public and private schools).


            SECTION II. Article IV, Sec. 26-24. Accessory uses (a) is hereby amended to read as follows:


            (a) The building area of accessory buildings shall not exceed 2,000 square feet.


            SECTION III.        Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, Zoning District: A-1 (AGRICULTURAL), Permitted as Exceptions by Planning and Zoning Board is amended in its entirety to read as follows:

 

Permitted as Exceptions by Planning and Zoning Board –Airports; bed and breakfast establishments; borrow-pits; communication towers; fourplexes; institutions; off-premise signs; outdoor shooting ranges; public and private schools; railroads; solid waste sites, excluding sanitary landfills; tri-plexes; and uses permitted in a C-1 (Light Commercial) zoning district.

            SECTION IV. Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, Zoning District: R-1 (SINGLE FAMILY RESIDENTIAL), Permitted as Exceptions by Planning and Zoning Board is amended in its entirety to read as follows:

 

Permitted as Exceptions by Planning and Zoning Board – Bed and breakfast homes; borrow-pits; communication towers, day cares; detached barber/beauty shops; institutions; public and private schools; railroads; single unit manufactured homes; single unit modular homes; and temporary commercial amusements.


            SECTION V.   Article IV, Sec. 26-28. Minimum requirements, Chart A, Schedule of Zoning District Regulations, Zoning District: R-2 (MIXED RESIDENTIAL), Permitted as Exceptions by Planning and Zoning Board is amended in its entirety to read as follows:

 

Permitted as Exceptions by Planning and Zoning Board – Bed and breakfast homes; borrow-pits; communication towers; day cares; detached barber/beauty shops; fourplexes (one (1) per lot); institutions; public and private schools; railroads; temporary commercial amusements; and triplexes (one (1) per lot).


            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 20th day of November, 2003.


                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary


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


            It was moved by Dr. Mackey, seconded by Mr. Andrepont and carried unanimously to adopt the following resolution:

 

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 Dwight Lemoine to install and maintain 112 linear feet of vinyl sheet pile bulkhead parallel to the mean low water shoreline and place approximately 220 cubic yards of hauled-in earthen fill material behind the bulkhead as backfill, all to prevent further shoreline erosion. The proposed site is situated in Fernwood Subdivision, Lot No. 10, Lake Charles, in Calcasieu Parish; and


            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Dwight Lemoine relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and


            WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Lake Charles.


            NOW THEREFORE,


        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 20th day of November, 2003, that it does hereby indicate no objection to the proposal of Dwight Lemoine to install and maintain 112 linear feet of vinyl sheet pile bulkhead parallel to the mean low water shoreline and place approximately 220 cubic yards of hauled-in earthen fill material behind the bulkhead as backfill, all to prevent further shoreline erosion. The proposed site is situated in Fernwood Subdivision, Lot No. 10, Lake Charles, in Calcasieu Parish.


            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.


            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to 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.


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


            Motion was made by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously that the following ordinances be adopted:

 

ORDINANCE NO. 4656

 

AN ORDINANCE rescinding Ordinance No. 4462, adopted by the Police Jury on December 5, 2002, which declared property described as: Lots 18, 37 Luke Declouet Sub. (AP03-033-02; Tax Assessment No. 387185); 2728 11th Street in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Ted Hobert for the sum of $1,100.00 (one thousand one hundred dollars) cash.


        BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of November, 2003, that it does hereby rescind Ordinance No. 4462, adopted by the Police Jury on December 5, 2002, which declared property described as: Lots 18, 37 Luke Declouet Sub. (AP03-033-02; Tax Assessment No. 387185); 2728 11th Street in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Ted Hobert for the sum of $1,100.00 (one thousand one hundred dollars) cash, is hereby revoked due to the failure of Mr. Ted Hobert to fulfill the necessary requirements in order to complete the sale of this property.


            BE IT FURTHER ORDAINED that all provisions of Ordinance No. 4462 are hereby declared null and void. 


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


            BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.


            This ordinance was adopted on the 20th day of November, 2003.

 

                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


ORDINANCE NO. 4657

 

AN ORDINANCE rescinding Ordinance No. 4465, adopted by the Police Jury on December 5, 2002, which declared property described as: Lot in blk A J L Bilbo Sub on W side of Moss St betw R R Ave and Church Sts 133.2 ft N of NW cor inters of Church and Moss Sts, th N 100 ft, W 200 ft etc. (AP03-051-02; Tax Assessment No. 561401); 126 Moss Street in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Ted Hobert for the sum of $1,560.00 (one thousand five hundred sixty dollars) cash.

 

        BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of November, 2003, that it does hereby rescind Ordinance No. 4462, adopted by the Police Jury on December 5, 2002, which declared property described as: Lot in blk A J L Bilbo Sub on W side of Moss St betw R R Ave and Church Sts 133.2 ft N of NW cor inters of Church and Moss Sts, th N 100 ft, W 200 ft etc. (AP03-051-02; Tax Assessment No. 561401); 126 Moss Street in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Ted Hobert for the sum of $1,560.00 (one thousand five hundred sixty dollars) cash, is hereby revoked due to the failure of Mr. Ted Hobert to fulfill the necessary requirements in order to complete the sale of this property.


            BE IT FURTHER ORDAINED that all provisions of Ordinance No. 4465 are hereby declared null and void. 


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


            BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.


            This ordinance was adopted on the 20th day of November, 2003.


                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


ORDINANCE NO. 4658

 

AN ORDINANCE rescinding Ordinance No. 4467, adopted by the Police Jury on December 5, 2002, which declared property described as: N ½ lot 16 blk N, D J Reid Sub plat No. 3. (AP03-054-02; Tax Assessment No. 580503); St. Dizier Street in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Ted Hobert for the sum of $560.00 (five hundred sixty dollars) cash.


        BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 20th day of November, 2003, that it does hereby rescind Ordinance No. 4467, adopted by the Police Jury on December 5, 2002, which declared property described as: N ½ lot 16 blk N, D J Reid Sub plat No. 3. (AP03-054-02; Tax Assessment No. 580503); St. Dizier Street in Ward Three, Lake Charles, Louisiana, as surplus property and which authorized the sale of said property to Mr. Ted Hobert for the sum of $560.00 (five hundred sixty dollars) cash, is hereby revoked due to the failure of Mr. Ted Hobert to fulfill the necessary requirements in order to complete the sale of this property.


            BE IT FURTHER ORDAINED that all provisions of Ordinance No. 4467 are hereby declared null and void. 


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


            BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.


            This ordinance was adopted on the 20th day of November, 2003.

 

                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


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

 

ORDINANCE NO. 4659


            WHEREAS, on November 7, 2002, the Calcasieu Parish Police Jury adopted Ordinance No. 4444 which authorized the sale of adjudicated property described as: Lot 20 Blk A Spencer Washington Sub. (AP03-032-02; Tax Assessment No. 342742), 116 Spencer Street in Ward Three, to Mr. Ted Hobert for the sum of $1,100.00 (one thousand one hundred dollars); and


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


            WHEREAS, Mr. Alexander Valerie, Jr. and Mrs. Marjorie Valerie nee Riggs, submitted the second highest bid for the property and have agreed to pay the amount bid by Mr. Hobert ($1,100.00); 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. Alexander Valerie, Jr. and Mrs. Marjorie Valerie nee Riggs in the amount of $1,100.00 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 20th day of November, 2003, that it does hereby amend Ordinance No. 4444 to stipulate that authorization for the sale of property described as: Lot 20 Blk A Spencer Washington Sub. (AP03-032-02; Tax Assessment No. 342742), 116 Spencer Street in Ward Three, to Mr. Ted Hobert for the sum of $1,100.00 (one thousand one hundred dollars) is hereby revoked due to the failure of Mr. Ted Hobert to fulfill the necessary requirements in order to complete the sale of this property.


            BE IT FURTHER ORDAINED that the authorization for the President of the Police Jury and/or the Director of the Division of Planning and Development to execute an act of cash sale for the above described property is hereby extended until December 7, 2003.


            BE IT FURTHER AND FINALLY ORDAINED that all remaining portions of Ordinance No. 4444 shall remain in full force and effect with respect to the sale of the property to Mr. Alexander Valerie, Jr. and Mrs. Marjorie Valerie nee Riggs instead of Mr. Ted Hobert.


            This ordinance was adopted on the 20th day of November, 2003.

 

                                                                                    /s/ Chuck Kleckley, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


            Motion was made by Dr. Mackey and seconded by Mr. McMillin to adopt a policy relative to adjudicated property wherein if a purchaser failed to complete the requirements of the ordinance, that no future offers would be accepted from the same purchaser on the same piece of property.

 

            In answer to a question by Mr. Danahay as to what requirements were not met by Mr. Ted Hobert in the purchase of the adjudicated property described heretofore, Mr. MacDonald James, of the Adjudicated Property Section, advised that one of the requirements in buying a piece of this property was that the purchaser had to research the records in the Clerk of Court’s Office and provide to the Adjudicated Property Section a list of all mortgages and encumbrances on the property, and Mr. Hobert had not done that with regard to properties outlined in Ordinance Nos. 4656, 4657, and 4658. Mr. James further advised that with respect to the property outlined in Ordinance No. 4659, Mr. Hobert had not been able to come up with the money in the amount that he had bid in order to purchase said property.

 

            Mr. Andrepont questioned how the Police Jury could adopt a policy without seeing it in writing, to which Mr. McMurry stated that the process of selling adjudicated property was a relatively new process, and there were some associated “growing pains”. He further stated that it did create some turmoil when a person bid on a piece of property and did not follow through with the necessary requirements to purchase it. Mr. McMurry advised that a policy could be as simple as what was stated on the agenda.

 

            Mrs. Griffin stated that she was in total agreement with enacting a policy and that this would eliminate those persons who were not really serious about purchasing adjudicated property.

 

            Mr. Derbonne suggested that if someone did not come up with the money, perhaps they should be denied the right to bid on any piece of adjudicated property, not just the same piece on which they had already bid.

 

            Mr. McMurry advised that Mr. Derbonne’s suggestion could result in a disenfranchising of a person’s rights and that if the Police Jury wanted to do that, perhaps Mr. Smith as legal counsel should take a look at that first. He explained that the staff would have to readvertise for sale the piece of property on which Mr. Hobert had failed to meet the requirements, and the staff did not want to run the risk of him doing the same thing again.

 

            Mr. Smith stated he did not think the Police Jury could prohibit someone from ever bidding on adjudicated property.

 

            Mr. Landry suggested that perhaps a person who did not meet the requirements after bidding could be prohibited from bidding again in a certain period of time such as one year, and Mr. Smith stated that maybe that would work or maybe a civil penalty. He stated that the threat of a penalty might be an inducement for a person to not do it again.

 

            Mrs. August stated that if she was going to bid $1,000 for a piece of adjudicated property but could only come up with $500 or $600, she did not think she should be denied the ability to bid on another piece of property just because she did not have the money the first time. Mrs. August pointed out that maybe a person could not reach one goal but could reach another.

 

            An amendment to the motion on the floor was offered by Dr. Mackey and seconded by Mr. Manuel to establish a “three strikes and you’re out” type of policy.

 

            Mr. Derbonne asked if a time limit could be put on the amendment to the motion, i.e., one year, and Dr. Mackey stated that he would accept a one-year time limit.

 

            President Kleckley stated that perhaps the best thing to do at this point in time would be to vote on the main motion on the floor (to adopt a policy relative to adjudicated property wherein if a purchaser failed to complete the requirements of the ordinance, that no future offers would be accepted from the same purchaser on the same piece of property) and if that was approved, the ideas discussed at the meeting on this date could be given to Mr. Vickers to consider in drawing up a policy.

 

            Dr. Mackey withdrew his amendment and then amended his main motion on the floor, and said amendment was accepted by Mr. McMillin, that Mr. Vickers and Mr. James be directed to consider the ideas discussed at the meeting on this date when drawing up a policy (for approval by the Police Jury) relative to a purchaser failing to complete the requirements of the adjudicated property ordinance.

 

            It was moved by Mrs. Griffin, seconded by Mrs. August and carried unanimously to authorize the Director of Planning and Development to notify the following property owners in accordance with Article II of Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to show cause at a public hearing on January 22, 2004, or the first regular Police Jury meeting thereafter, as to why the structures on the properties as stipulated should not be condemned:

 

            1.         7412 ANDREW LANE, South Lake Charles area, Lot 13, Green Meadows Subdivision, No. 1, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: R & R Adventures, Inc., c/o Roy Stout, 108 Sheridan, Lake Charles, LA 70605, TA# 00102415 (Police Jury District 7);

 

            2.         CORNER OF DECKER AND RAILROAD, Lake Charles area, E 58 Ft Lot 28, Blk 3, Vista Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Edward Ceasar, Jr., c/o Octavia Thomas, 1711 Gieffers Street, Lake Charles, LA 70601, TA# 00058661 (Police Jury District 2);

 

            3.         DUKE STREET, Mossville area, Lot 21, Block 9, Queensboro Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Richard J. Bryant, et al, 302 Highland Lake Drive, Highland Village, TX 75077, TA# 00123366 (Police Jury District 15);

 

            4.         1606 EVA STREET, Sulphur area, Com 40 Ft W and 425 Ft N of SW Cor of Lot 4, Block 2, Henry Subdivision in E ½ of NE NE 4.10.10 W 100 Ft S 50 Ft etc., Ward 4,CalcasieuParish,Louisiana (one house and one accessory structure) Owner: Thomas and Gloria Adams, c/o Terry M Adams, 1 W Burton Street, Sulphur, LA 70663, TA# 00185981 (Police Jury District 13);

 

            5.         7405 FLOUNDER, Lake Charles area, Lot 333, Country Pines North Subdivision, No. 7, Ward 3, Calcasieu Parish, Louisiana (one manufactured home and one accessory structure) Owner: Ray Jerry Clopton, et ux, P O Box 412, Nixa, MO 65714, TA# 01334246 (Police Jury District 8);

 

            6.         458 GRAPE STREET, DeQuincy area, Lot 31, Block 4, Pine Acres Subdivision, Ward 6, Calcasieu Parish, Louisiana (one house) Owners: Mrs. Eula Ray Dunham, 458 Grape Street,DeQuincy, LA 70633, Alma Ruth Dunham Smith, 496 Grape Street, DeQuincy, LA 70633, Judith Joy Dunham Christy, 805 Royal Oaks, DeRidder, LA 70634, Bonnye Ann Dunham Hebert, 3813 Lake Street, Lake Charles, LA 70601, TA# 00220353 (Police Jury District 11);

 

            7.         2624 GULFWAY BOULEVARD, Westlake area, Lot 46, Block A, Gulfway Pines Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Sam Blaney, Jr. (NMN), 2250 E Mill Street, Lake Charles, LA 70601, Mortgage Company: Reliable Financial Service, Inc., 3115 Kirkman Street, Lake Charles, LA 70601, TA# 00119636 (Police Jury District 14);

 

            8.         1055 HUNGERFORD ROAD, LeBleu Settlement area, Lot 14, Country Meadows Subdivision, Part B, Ward 8S, Calcasieu Parish, Louisiana (one manufactured home) Owner: Bobby Lee Ore, 1055 Hungerford Road, Lake Charles, LA 70615, TA# 01152327 (Police Jury District 2 );

 

            9.          308 GOODMAN ROAD, Northeast Lake Charles area, Com on W Line NW NE 35.9.8, 230 Ft S of NW Cor NW NE, E 158.3 Ft to W/L of R/W of Pub Road, S 100 Ft etc., Subj to R/W on W 30 Ft, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Clark Real Estate Enterprises Inc., 8 River Road, Lake Charles, LA 70601, TA# 00094072 (Police Jury District 2);

 

            10.       898 WILLOW SPRINGS, North Sulphur area, W 10 Acs of S 30 Acs of SE SE 32.8.9, Ward 6, Calcasieu Parish, Louisiana (one manufactured home) Owner: Leada Vincent Estate, c/o Mae Goodwin, 896 Willow Springs Road, Sulphur, LA 70663, TA# 00235997 (Police Jury District 14).


            President Kleckley advised that action was needed on approval of the General Insurance Committee Report dated November 20, 2003. Mr. Derbonne, Chairman of the Insurance Committee, advised that this meeting was held prior to the Regular Meeting on this date, and he asked Mr. Milner to give a synopsis of the recommendations made by the Committee.

 

            Mr. Milner reported that the Committee had recommended that the proposal of Blue Cross be accepted to be the Parish’s PPO network and third-party administrator with Highmark being the reinsurance carrier, that the life insurance contract with Canada Life be renewed for the second year of the two-year contract, and that the proposal of Blue Cross be accepted to be the Parish’s third-party dental administrator using said company’s dental PPO network.

 

            Mr. Milner stated that the insurance program was in good financial condition overall with an anticipated $5 million in excess funds projected for the end of the current fiscal year.

 

            Mr. Derbonne pointed out that the Parish would continue to pay the premium for each full-time employee, and Mr. Milner stated that the Parish’s payment per employee would increase from $325 to $335 per month. Mr. Milner also stated that the staff would be emphasizing wellness programs in the future in order to address health issues before they became problems. He further stated that research had shown that every dollar spent on wellness programs yielded three dollars in return in the form of reduced claims. Mr. Milner stated that risk assessments were also planned for the future.

 

            Mr. Milner pointed out that Blue Cross had a $500 individual deductible and a $1,000 family deductible and that efforts would be made to try to get employees to take advantage of the in-network incentives. He advised that there was a stipulation that if there was not a specialist in the network within a 50-mile radius, then a physician could be selected from within the 50-mile radius who would be considered as being in the network.

 

            Mr. Derbonne expressed his appreciation to Ms. Laura Young and Ms. Wanda Bulla of the Employee Benefits office and most particularly, Mr. Milner, for his efforts which had resulted in the Parish and Port of Lake Charles saving a lot of money.

 

            Mr. McMurry stated that the insurance program was Mr. Milner’s well thought out “brain child” and was not just luck. He pointed out that it saved not only the Police Jury but also the taxpayers and that employees had an opportunity to make themselves healthier as human beings, not just as employees, which helped lower the Police Jury’s cost of providing insurance coverage.

 

            President Kleckley stated that the Police Jury had “stepped out of the box” when it allowed the Port of Lake Charles’ employees to be a part of the Parish’s insurance coverage and asked what the current situation was with the Port. Mr. Milner advised that the Port would have in excess of $300,000 in the bank at the end of the year.

 

            In answer to a question by Mr. Derbonne, Mr. Milner stated that the Parish did pay $25 per month per employee toward the cost of membership at various health clubs such as GiGi’s, Dynamic Dimensions, etc. and that the employee’s spouse was also covered if they were covered under the Parish’s health insurance.

 

            Motion was made by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously to approve the report of the General Insurance Committee dated November 20, 2003, and all recommendations contained therein, as follows:

 

GENERAL INSURANCE COMMITTEE REPORT

November 20, 2003

                                                                                            


            A meeting of the General Insurance Committee was held at 4:00 p.m. on Thursday, November 20, 2003, in the Police Jury Meeting Room of the Parish Government Building, located at 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Enos Derbonne, Chairman, presiding and the following members present:

 

Mr. Francis Andrepont, Mr. Mike Danahay, and Mrs. Elizabeth Conway Griffin

 

Absent: Mr. Calvin Collins and Mr. Hal McMillin


            Also present were Mrs. Sandy Treme, President Chuck Kleckley, Mr. S. Mark McMurry, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, and Mrs. Kathy P. Smith.


            Said Committee:

 

(1)        Recommended that the following staff recommendations be approved:

 

                      accept the proposal of Blue Cross to be the Parish’s PPO network and third party administrator, with Highmark being the reinsurance carrier;

 

                      renew the Parish’s life insurance contract with Canada Life for the second year of the two-year contract, with the rates to remain the same for 2004 as they were for 2003;

 

                      accept the proposal of Blue Cross to be the Parish’s third party dental administrator using said company’s dental PPO network; and

 

                      approve the staff’s hiring of Marsh, a national insurance consulting firm, to assist in the contracting and administration of the insurance program for an annual fee of $35,000.


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


            It was moved by Mrs. Treme, seconded by Mrs. August and carried unanimously to approve the Budget Committee Report dated November 20, 2003, and all recommendations contained therein as follows:

 

BUDGET COMMITTEE REPORT

November 20, 2003

______________________________


            A meeting of the Budget Committee was held at 4:30 p.m. on Thursday, November 20, 2003, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Mike Danahay, Chairman, presiding and the following members present:

 

Mrs. Luvertha August, Mr. Enos Derbonne, Mrs. Elizabeth Conway Griffin, Mr. Chuck Kleckley, Ex-Officio, Dr. Charles S. Mackey, and Mrs. Sandy Treme


            Absent: None


            Also present were Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Tammy Bufkin, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mrs. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Claude Smart.


            Said Committee:

 

(1)        Received the administrative presentation of the Parish budget for Fiscal Year 2004.

 

(2)       Recommended approval of a Cooperative Endeavor Request for funding in the amount of $5,000 from the 2003 Special Projects by Ward allocation in Ward One from Community Center and Playground District No. Four of Ward One for completion of a sprinkler system on the baseball field.

 

(3)       Recommended approval of a request for funding in the amount of $2,500 to Care Help of Sulphur for assistance in providing food to the needy with said funding to come from the Parish’s portion of Delta Downs revenue in Ward Four, as requested by Mr. Andrepont.

 

(4)       Recommended approval of a request for funding in the amount of $31,945 to Recreation District No. One of Ward Eight for necessary equipment for the ball field and soccer field located adjacent to the LeBleu Elementary School from the Parish’s portion of Delta Downs revenue in Ward Eight, as requested by Mr. Collins.

 

(5)       Recommended that the following requests be deferred with reference to reallocation of funding previously allocated from the Ward Two Special Projects by Ward allocation in the Riverboat Fund previously awarded to Ward Two Fire Protection District No. One in Grant Years 2002 and 2003:

 

(5.1)awarded $4,122.00 on April 18, 2002, for purchase of spare carbon cylinders. The Fire District has purchased the cylinders in the amount of $3,878.00 and would like to utilize the remaining grant money ($244.00) for the purchase of hose testers.

 

(5.2)awarded $3,200.00 on April 18, 2002, for purchase of face pieces and breathing tube assemblies. The Fire District has purchased said equipment in the amount of $1,884.00 and would like to utilize the remaining grant money (1,316.00) for the purchase of hose testers.

 

(5.3)awarded $2,576.00 on April 18, 2002, for purchase of alert system motion and heat sensors. The Fire District has purchased the alert system motion and heat sensors in the amount of $1,400.00 and would like to utilize the remaining grant money ($1,176.00) for the purchase of medical supplies.

 

(5.4)awarded $3,458.00 on April 3, 2003, for purchase of tires. The Fire District has purchased tires in the amount of $1,563.00 and would like to utilize the remaining grant money ($1,895.00) for the purchase of pagers.

 

(5.5)awarded $545.00 on April 3, 2003, for purchase of spray bed liner on new truck. The Fire District would like to utilize this grant money for the purchase of boots instead of the spray bed liner.

 

(5.6)awarded $3,279.00 on April 3, 2003, for purchase of helmets, trousers, gloves, and gear bags. The Fire District has purchased said equipment in the amount of $2,507.00 and would like to utilize the remaining grant money ($772.00) for the purchase of a portable radio.

 

(5.7)awarded $7,752.00 on April 3, 2003, for the purchase of SCBA’s and bottles. The Fire District has purchased said equipment in the amount of $7,550.00 and would like to utilize the remaining grant money $202.00) for the purchase of medical supplies.

 

(5.8)awarded $2,620.00 on April 3, 2003, for the purchase of 2-1/2" hose. The Fire District has purchased the hose in the amount of $1,780.00 and would like to utilize the remaining grant money ($840.00) for the purchase of medical supplies.

 

(6)       Provided clarification relative to a grant in the amount of $15,000 to the Office of Emergency Preparedness which was awarded on August 7, 2003, for the purchase of a trailer to be utilized by ham radio operators during emergency situations from the Parish’s portion of Delta Downs revenue in Ward Four. (The Budget Committee agenda on August 7, 2004, listed the grant as being in the amount of $10,000. This amount was changed to $15,000 at the Regular Meeting of the Police Jury on August 7, 2004, and the staff felt the intention of the Police Jury was to award $15,000 for purchase of this trailer and equipment.)


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


            Mr. Danahay, Chairman of the Budget Committee, stated that the budget for FY 2004 was approximately $133 million. He thanked Mr. Milner and his staff, particularly Ms. Tammy Bufkin, for their efforts in compiling the budget.

 

            Mr. Andrepont stated that something had been said during the administrative presentation of the budget that had thrown up a red flag for him related to the Parish needing to take care of the problem of effluent in roadside ditches. Mr. Andrepont further stated that the Parish had been “Santa Claus” to a lot of different entities, and he felt that at some point in time, the Parish would have to address its own problems in the unincorporated areas. Mr. Andrepont explained that he did not want to sound like “Scrooge” but before the Parish started writing checks in the future, he thought it needed to address some of its own problems.

 

            Mr. McMurry stated that this was really a Budget Committee issue and that he had been attempting to set the stage for said committee to begin reviewing the concerns expressed by Mr. Andrepont. Mr. McMurry advised that as part of the adoption of the budget for FY 2004, the gaming funds were not yet earmarked, so he felt the Police Jury had an opportunity to do just what Mr. Andrepont was suggesting. Mr. McMurry pointed out that in the budget narrative, the staff had recommended that serious consideration be given to allocation of the gaming revenues. He also pointed out that in the past, 50% of said revenues had gone toward external entities rather than internal issues. Mr. McMurry stated that sometimes “Santa” had to take care of his own problems. He pointed out that sewerage would be one of the most expensive public utility projects the Parish could ever tackle and that the Police Jury would be limited as to how funds could be generated for solving these problems. Mr. McMurry also stated that before Pinnacle’s facility was completed and the Parish started receiving revenues from said facility would be a perfect time to review the allocation policies for gaming funds.

 

            President Kleckley advised that the increase in the amount of the budget from FY 2003 to FY 2004 ($118 million to $133 million) was mostly attributable to capital projects. Mr. McMurry agreed, pointing out that the growth in operating funds was right at the cost of living.

 

            Mr. Andrepont advised that there had been a 22% growth in the Parish’s budget in the past ten years.

 

            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Danahay and carried unanimously, the following resolution was adopted:

 

RESOLUTION

 

A resolution ordering and calling a special tax election to be held in Calcasieu Parish, to authorize the continuation of the levy and collection of a special tax of four and six one-hundredths (4.06) mills, on each dollar of assessed valuation on all property subject to taxation in the Parish of Calcasieu, State of Louisiana, for ten (10) years, starting in 2004, for the purpose of paying the cost of expenses, equipment, and supplies related to the construction, hardsurfacing and improving of roads, highways, bridges, and the necessary ditching and drainage related thereto; continuation of a road and drainage trust fund in the amount of $1,000,000 annually to be appropriated to projects which have local, state, or federal matching funds; and making application to the State Bond Commission and United States Attorney General in connection therewith.


            BE IT RESOLVED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, LOUISIANA, acting as the governing authority of Calcasieu Parish, Louisiana, as follows:


            Section 1.       Subject to the approval of the State Bond Commission and under the authority conferred by Article VI, Sections 26 and 32 of the 1974 Louisiana Constitution, Chapter 6A of Title 18, Sections 301 through 317, inclusive, of Title 47, and other constitutional and statutory authority supplemental thereto, a special election be and the same is hereby called and ordered to be held in Calcasieu Parish, Louisiana (the “Parish”), on Tuesday, March 9, 2004, between the hours of six o’clock (6:00) a.m. and eight o’clock (8:00) p.m., in compliance with the provisions of the Louisiana Election Code, and that at said election there shall be submitted to all registered voters of the Parish qualified and entitled to vote at said election under the Constitution and Laws of the State and the Constitution of the United States, the following Proposition:


ROAD AND DRAINAGE TAX CONTINUATION

 

SUMMARY: Continuation of a ten (10) year 4.06-mill property tax by the Calcasieu Parish Police Jury for improving roads, bridges and drainage, and continuation of a road and drainage trust fund in the amount of $1,000,000 annually.

 

“Shall the Calcasieu Parish Police Jury (the “Police Jury”), serving as the governing authority of Calcasieu Parish, Louisiana, (the “Parish”) be authorized to levy and collect a continuation of a four and six one-hundredths (4.06)-mill tax, on all property subject to taxation in the Parish for a period of ten (10) years, beginning in 2004, for the purposes of paying the cost of expenses, equipment and supplies related to construction, hardsurfacing and improving roads, highways, and bridges, and the necessary ditching and drainage related thereto; continuation of a road and drainage trust fund in the amount of $1,000,000 annually to be appropriated to projects which have local, state, or federal matching funds; and in the event the proposition carries, for authority to levy the special tax provided for in the proposition?”


            Section 2.       There shall be published in the “Lake Charles American Press”, a daily newspaper of general circulation within the Parish, published in Lake Charles, Louisiana, and being the official journal of the Calcasieu Parish Police Jury and the Parish, once a week for four consecutive weeks, with the first publication to be not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for the election, notice of said election, which notice shall be substantially in accordance with the Notice of Special Election annexed hereto as “Exhibit A” and incorporated herein by reference the same as if it were set forth herein in full.


            Section 3.       This Calcasieu Parish Police Jury, acting as the governing authority of the Parish, shall meet at its regular meeting place, the Police Jury Meeting Room, Calcasieu Parish Government Building, Lake Charles, Louisiana, on Thursday, March 18, 2004, at 5:30 p.m., and shall then and there in open and public session proceed to examine and count the votes, examine and canvass the returns, and declare the results of said special election.


            Section 4.       The polling places set forth in the aforesaid Notice of Special Election and situated within the corporate limits of the Parish, be and the same are hereby designated as the polling places at which to hold said election, and the Commissioners and Commissioners-in-Charge shall be those persons referred to in said Notice of Special Election.


            Section 5.       The officers designated to serve as Commissioners and Commissioners-in-Charge, or such substitutes therefor as may be selected and designated in compliance with the Louisiana Election Code, shall hold the special election as herein provided, shall make due returns of said election for the meeting of the Police Jury to be held on Thursday, March 18, 2004, and the compensation of said officers be and the same is hereby fixed at the sum prescribed by law. All registered voters in the Parish are entitled to vote at said special election, and voting machines shall be used in said special election.


            Section 6.       The Secretary of the Calcasieu Parish Police Jury be and he is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election the necessary equipment, forms and other paraphernalia essential to the proper holding of said election.


            Section 7.       Certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for the Parish of Calcasieu, Louisiana, and the Registrar of Voters in and for said Parish, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as required by law.


            Section 8.       Application be and the same is hereby formally made to the State Bond Commission for consent and authority to hold the aforesaid special election as herein provided, and in the event the aforesaid Proposition is carried, for authority to levy and collect and adopt an ordinance providing for such levy and collection of the Tax as authorized by said Proposition. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Parish, together with a letter requesting the prompt consideration and approval of this application.


            Section 9.       A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act and regulations pertaining thereto, shall be submitted to the United States Attorney General for approval, should such submission be required.


            Section 10.     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.


            Section 11.     All resolutions, ordinances or parts thereof in conflict herewith are hereby repealed.


            This resolution having been submitted to a vote, the vote thereon was as follows:

 

YEAS:Mr. Francis Andrepont, Mrs. Luvertha August, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth Conway Griffin, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornelius Moon, and Mrs. Sandra Treme.

 

NAYS:None

 

ABSENT:Mr. Algie Breaux

 

NOT VOTING:President Kleckley

 

            And the resolution was adopted on this 20th day of November, 2003.

 

                                                                                    /s/ Chuck Kleckley, President

ATTEST:


/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary


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


EXHIBIT A


NOTICE OF SPECIAL ELECTION


            Pursuant to the provisions of a resolution adopted by the Police Jury of the Parish of Calcasieu, Louisiana, acting as the governing authority of Calcasieu Parish, Louisiana (the “Parish”), on November 20, 2003, NOTICE IS HEREBY GIVEN that a special election will be held in the Parish on Tuesday, March 9, 2004, and that at said election there will be submitted to all registered voters of the Parish qualified and entitled to vote at said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following Proposition, to-wit:


ROAD AND DRAINAGE TAX CONTINUATION

 

SUMMARY: Continuation of a ten (10) year 4.06-mill property tax by the Calcasieu Parish Police Jury for improving roads, bridges and drainage, and continuation of a road and drainage trust fund in the amount of $1,000,000 annually.

 

“Shall the Calcasieu Parish Police Jury (the “Police Jury”), serving as the governing authority of Calcasieu Parish, Louisiana, (the “Parish”) be authorized to levy and collect a continuation of a four and six one-hundredths (4.06)-mill tax, on all property subject to taxation in the Parish for a period of ten (10) years, beginning in 2004, for the purposes of paying the cost of expenses, equipment and supplies related to construction, hardsurfacing and improving roads, highways, and bridges, and the necessary ditching and drainage related thereto; continuation of a road and drainage trust fund in the amount of $1,000,000 annually to be appropriated to projects which have local, state, or federal matching funds; and in the event the proposition carries, for authority to levy the special tax provided for in the proposition?”


            The special election will be held at the following polling places, which are all of the regular voting precincts in the Parish, and the election officials appointed to serve at the following places in the Parish in accordance with Section 1286 of Title 18 of the Louisiana Revised Statutes of 1950 (L.R.S. 18:1286) shall be and are hereby appointed to serve as the election officials for this special election:


PRECINCT     POLLING PLACE

 

160 W               Gillis Elementary School, 916 Topsy Road, Gillis