December 4, 2003

Lake Charles, Louisiana

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

Absent: Mr. Algie Breaux (ill), Mr. Enos Derbonne (funeral), and Mr. Cornie Moon (vacation)

Also present were District 10 Police Juror-Elect, Mr. Tony Stelly; Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Ed McGuire of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Jerry Milner, Director of Finance; Mrs. Kathy P. Smith, Recording Secretary; Gerry Trahan, Director of Facility Management; Mr. Claude D. Smart, Parish Engineer; 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. 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 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 the South Half of Section 22 and the entirety of Section 27, Township 10 South, Range 10 West, in Ward Four (Police Jury District 12).

Mr. McMurry then proceeded to open the only bid received, from Mayne and Mertz, Inc., the details of which are set forth in the following resolution which was adopted upon motion made by Mrs. Griffin, duly seconded by Mr. McMillin, and carried unanimously:

RESOLUTION

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

Those certain strips or parcels of land belonging to and not under mineral lease from the Calcasieu Parish Police Jury, on November 12, 2003, being more fully described as follows: all streets, roads, alleys, and other easements belonging to the Calcasieu Parish Police Jury by dedication, or otherwise, located in the South Half (S/2) of Section 22 and the entirety of Section 27, Township 10 South, Range 10 West, Calcasieu Parish, Louisiana, excluding beds and bottoms of all navigable waters, containing approximately 17.759 acres.

for a three-year lease with a cash bonus of Four Thousand Four Hundred Thirty Nine and 75/100 ($4,439.75) and an annual rental of Four Thousand Four Hundred Thirty Nine and 75/100 ($4,439.75) and with the Calcasieu Parish Police Jury to receive one-quarter of all oil produced and saved or utilized, one-quarter of all gas produced and saved or utilized, one-quarter of all sulphur produced and saved, and one-quarter of all other liquid or gaseous hydrocarbon minerals produced and saved.

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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A Certificate of Recognition was presented at this time by Mr. Andrepont to Ms. Catherine Holden who was recently recognized as the 2003 Southwest District Female Athlete of the Year by the Louisiana Senior Olympic Games. Mr. Andrepont congratulated Ms. Holden and urged her to keep up the good work.

Ms. Holden thanked Mr. Andrepont and the Police Jury for recognizing her, and she explained that she competed in swimming and race-walking. She stated that she had brought home the “gold” for two or three years and was nominated and elected as Southwest District Female Athlete of the Year, a position which would make her the ambassador for the Louisiana Senior Olympic Games.

President Kleckley advised that a report and recommendation would be received at this time from the Prien Lake Park Evaluation Committee regarding professional preliminary design services for Prien Lake Park in response to the Parish’s Request-for-Qualifications/Proposals.

Mr. McMurry gave some background on this matter, pointing out that the Prien Lake Park Development Task Force had been appointed by the Police Jury in 2002 to assist in developing a list of the features that should be included in the expanded park. (In 2000, the Police Jury purchased approximately 20 acres of property next to its 7-acre existing park, the expanded property being one of the few remaining public park areas along the waterfront.) Mr. McMurry advised that a Request-for-Proposals for conceptual design yielded five very good proposals, those being from:

Brossett Architect, LLC & Randall D. Broussard, Architect, LLC (Joint Venture)

Champeaux Landry, APC

Ellender Architects & Associates, LLC

Randy M. Goodloe AIA, APAC

H. Curtis Vincent - Steven D. Shows, Architects, APC

Mr. Rusty Vincent, a member of the Committee, appeared before the Police Jury and on behalf of said committee and the Task Force, thanked the Police Jury for allowing the citizens to come together and be a part of the process. He stated that they had a wide spectrum of citizenry involved in the process representing such areas as sports fishing, senior citizens, area residents, etc.

Mr. Vincent stated that the Task Force and Committee wanted to preserve the present function of providing a meeting place, the boat launching capabilities, and the natural beauty of the park. He pointed out that all five proposals had been very good, and he was proud that they had such excellent architectural teams that took the initiative, time, and effort. Mr. Vincent stated that when selecting the finalist, they had looked at experience and qualifications of each firm, the ability to incorporate a local theme, as well as how the firms incorporated all of the elements contained in the Request-for-Proposals. Mr. Vincent stated that it had been a tough decision, but the Committee recommended the proposal of Ellender Architects and Associates.

President Kleckley recognized the following members of the Prien Lake Park Evaluation Committee who were present at the meeting: Mr. Anthony Biagas, Mr. Charles S. Liggio, Sr., Ms. Jane Dufrene, and Mr. Scott Moffett. It was noted that another member of the Committee, Mr. George Clyde, had been unable to attend the meeting on this date. President Kleckley stated that the Police Jury owed the Committee a huge debt of gratitude.

Mr. E. J. Ellender appeared before the Police Jury at this time and thanked the Police Jury for its consideration of his design group, as well as for its wisdom and foresight in providing parks and boat launch sites throughout the Parish. Mr. Ellender stated that in drawing up a proposal for the Prien Lake Park, his firm felt it should represent the history of the area, e.g. the timber industry, the schooner landing at Indian Bay, and the famous paddle wheeler Borealis Rex.

Mr. Ellender stated that his firm would be the lead firm and would work in conjunction with Reich Associates of Baton Rouge, a firm which Mr. Ellender described as the “guru” of landscape architecture in Louisiana. He pointed out that Dr. Reich was the head of the LSU Landscape Department for many years.

Mr. Ellender also stated that Greengate Nursery, represented at the meeting by Julian and Nathan Dondis, would assist in landscape design and would also supervise the maintenance of the planting over a four-year period. Mr. Ellender stated that Greengate would ultimately train the Parish crews and pointed out that the Police Jury would have a sizeable investment which would need to be maintained.

Mr. Ellender advised that the Charles Ladner Group would be the engineering design group.

Mr. Charles Moore, Design Architect for the project, appeared before the Police Jury at this time and gave a slide show presentation of the conceptual plan for Prien Lake Park. He pointed out that only half of the work had been done at this point, and the other half would come as a result of input from the Police Jury and others who would make it a reality.

Some of the features/objectives included in Mr. Moore’s presentation were: (1) maintain and enhance with landscaping the current parts of Prien Lake Park; (2) additional pavilions and boat launch facilities; (3) amphitheater and flag plaza; (4) restoration of the lake’s edge; (5) walkways connecting the boat launch to the amphitheater; (6) reforestation of some areas; (7) extension of the current boardwalk leading to an observation area; (8) a raised deck to enjoy the environment; (9) a botanical garden; (10) a water dome or fountain visible to traffic coming eastbound on Interstate 210; (11) areas for picnics and games; (12) a small café; (13) restrooms; and (14) a pavilion with a wrap-around porch to recreate the feeling of the old Majestic Hotel which had been referred to as the “front porch of Lake Charles” in the past. Mr. Moore stated that a water taxi or ferry might be useful to connect the park to other areas in the community.

Mr. Moore stated that it was an exciting project and while it was difficult to get into the details with such a large group as the Police Jury, he and the others in the design group would be happy to entertain the individual jurors with more details at any time.

Mrs. August expressed a concern that events taking place in the amphitheater could be disrupted by noise from boat traffic in the lake. Mr. McMurry explained that one of the ideas stressed by the Task Force was to have an amphitheater but one not large enough to draw big crowds, keeping in mind that the park was located in a residential area. He stated that the amphitheater being planned would seat 100 or less people and like all of the plans, was still in the conceptual stages, and adjustments would be made as needed through the final design stages.

Mrs. Griffin stated she was pleased with the presentation and impressed with the concept of a ferry, particularly with the rapid rate Calcasieu Parish was growing.

President Kleckley recognized two other members of the Task Force who had come in during the presentation, those being Mr. David Booth, and Mr. Frank Pruitt.

Motion was made by Dr. Mackey, seconded by Mrs. August and carried unanimously to select the proposal of the Ellender Architects and Associates design group, as recommended by the Prien Lake Development Task Force, for architectural design and inspection services related to the development of Prien Lake Park, and further, to authorize the President of the Police Jury to execute all necessary documents in connection therewith.

Motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the following applications for liquor and beer permits be approved:

WARD III

The Boarding House, Inc.

Rose V. White - Pres.

THE BOARDING HOUSE

3353 Hwy. 14 East

Lake Charles, LA 70607 Liquor & Beer - ‘2004 135.00

(Algie Breaux’s District)

WARD IV

KLA, Inc.

Kathy Lejeune - Pres.

THE DETOUR BAR

3306 East Napolean Street

Sulphur, LA 70663 Liquor & Beer - ‘2004 135.00

(Mike Danahay’s District)

Al Barnes d/b/a

LUMPY’S

3609 Davis Road

Westlake, LA 70669 Liquor & Beer - ‘2004 135.00

(Hal McMillin’s District)

WARD VII

Delta Town Truck Stop & Motel, LLC

Jacob Thomas - Manager

DELTA TOWN TRUCK STOP

2466 Toomey Road

Vinton, LA 70668 Liquor & Beer - ‘2004 135.00

(Brent Clement’s District)

TOTAL REMITTANCE: $540.00

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It was moved by Dr. Mackey, seconded by Mr. Landry and carried unanimously to approve payment of all current invoices.

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

Motion was made by Mr. Andrepont, seconded by Mr. McMillin and carried unanimously that the Agenda Committee Report dated November 25, 2003, be approved as follows:

AGENDA COMMITTEE REPORT

November 25, 2003

A meeting of the Agenda Committee was held on Thursday, November 25, 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, Dr. Charles S. Mackey, Mr. Don Manuel, and Mrs. Sandra Treme

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

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude 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 December 4, 2003.

Following review of the items to be considered by the Police Jury on December 4^th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the addition of the following item:

Consideration of authorizing the execution of an agreement by the Parish Administrator with the Southwest Louisiana Economic Development Partnership for lease of office space in the Magnolia Building for a term not to exceed three (3) years at a rate to include only the cost of utilities.

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

Chairman McMillin urged the jurors to drive out to, and familiarize themselves with, the Stegal Road/Highway 108 area so that they could make an informed decision about the following item which was placed on the agenda on this date and which would be discussed at the Regular Meeting on December 4, 2003:

Consideration of adopting a resolution approving a new public highway agreement between the Police Jury and Union Pacific Railroad whereby Union Pacific Railroad Company will construct an at-grade crossing at the northerly extension of Highway 108 and the Union Pacific railroad track, and the Police Jury will agree to the following: 1) the Police Jury will permanently close the Stegal Road and Racca Road at-grade crossings; 2) the Police Jury will pay Union Pacific Railroad Company all costs associated with the construction of said Highway 108 crossing; 3) the Police Jury agrees that they will not reopen the Stegal Road and Racca Road crossings nor seek approval from a federal or state entity having jurisdiction to reopen the two road crossings, and 4) any other requirements as stated in the agreement, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

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

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It was moved by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously to approve the Public Works Committee Report dated November 25, 2003, as follows:

PUBLIC WORKS COMMITTEE REPORT

November 25, 2003

______________________________________

A meeting of the Public Works Committee was held on Thursday, November 25, 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, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Enos Derbonne, Mrs. Elizabeth C. Griffin, Mr. Chuck Kleckley, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornelius Moon, and Mrs. Sandra J. Treme

Absent: Mrs. Luvertha August (personal business), and Mr. Algie Breaux (ill)

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, and Mr. Jim Vickers.

Said Committee:

(1) Received report from the Division of Planning and Development staff regarding the newly-implemented Sewerage Ordinance. Mr. Wes Crain, Assistant Director of Planning and Development, reported that the main problem encountered by the staff had been related to maintenance of systems in that most homeowners were of the mind set “out of sight, out of mind” but that the majority of the homeowners had been cooperative in resolving the complaints.

(2) Recommended that a resolution be adopted accepting Barcelona Subdivision Phase One located off of Old Spanish Trail in Section 30, Township 9 South, Range 9 West, in Ward Four (Police Jury District 15). [On November 2, 2002, the Police Try accepted the plat for recordation purposes only (private roads). The developer is now requesting that the roads become public.]

(3) Recommended that a resolution be adopted accepting Woodland Forest Estates Part Two located off of North Perkins Ferry Road in Section 36, Township 8 South, Range 9 West, in Ward One (Police Jury District 1).

(4) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following roads and/or streets located in Ward Four (Police Jury District 14):

•establish 40-mph speed limit on Miller Avenue, from the Westlake City limits to Hudson Drive;

•cancel 40-mph speed limit on Miller Avenue, from the Westlake City limits to Bagdad Road;

•cancel 45-mph speed limit on Miller Avenue, from Bagdad Road to Hudson Drive;

•establish 40-mph speed limit on Hudson Drive, in its entirety; and

•cancel 45-mph speed limit on Hudson Drive, from Miller Avenue to Westwood Road.

(5) Recommended that the President of the Police Jury be authorized to execute the necessary documents for donation of right-of-way from Charles H. Schultz, Kevin Layne and Reinette Elaine Guillory, Nathan Adam Cormie, Sr., Frances and Michael Miller, Willie P. and Carol Nunez, Rebecca and Michael Schultz, and Benjamin D. and Melissa Nunez on Schultz Road off of A. Derouen Road in Ward Two (Police Jury District 10).

(6) Recommended that the President of the Police Jury be authorized to execute the necessary documents for donation of right-of-way from Ernest Semon and Shelby Dean Benoit, Larry Gene Sonnier, Michael Lynn and Carma Lynn Judy, Randall Wayne Leger, Jonathan Scott and Courtney Ava Page Cresse, F. Dionne Olson, Emily Rutherford and Briant Rutherford II, Kendrea Dawn Roland Terrell and Benson B. Terrell, Jr., Reginald Ralph and Peggy Nash, and Scott David Willis on Miracle Lane in Ward Three (Police Jury District 9).

(7) Recommended that a resolution be adopted authorizing the President of the Police Jury to execute the necessary documents for expropriation of right-of-way from Steven Diefenderfer on Miracle Lane in Ward Three described as follows: commencing at the Northeast Corner of the West Half of the West Half of the East Half of the West Half of the Northeast Quarter of Section 36, Township 11 South, Range 9 West, in Calcasieu Parish, Louisiana, thence South along the East line of said West Half of the West Half of the East Half of the West Half of the Northeast Quarter a distance of 646.0 feet to point of beginning, thence continuing South along said East line a distance of 1039.89 feet, thence West a distance of 30.0 feet, thence North along a line that is parallel to and 30.0 feet West of said East line a distance of 1039.89 feet, thence East a distance of 30.0 feet to point of beginning (Police Jury District 9).

(8) Recommended that the President of the Police Jury be authorized to execute a proposal with Lancon Engineers, Inc., to provide professional engineering services for Red Davis Road Extension, from Louisiana Highway 385 to Louisiana Highway 14, located in Ward Three (Police Jury District 9).

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Upon motion made by Mrs. Griffin, which was duly seconded by Mr. McMillin and carried unanimously, Recommendation No. 1 of the Public Works Committee was approved as outlined heretofore.

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

RESOLUTION

WHEREAS, Mike Queenan, subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Barcelona Subdivision Phase One, a subdivision in Section 30, Township 9 South, Range 9 West, Calcasieu Parish, Louisiana; and

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

WHEREAS, said subdivision plat was prepared by George F. Webb, Jr., Registered Land Surveyor No. 3870, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on December 8, 2003, bearing File No. 2653621.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of December, 2003, that it does hereby officially accept the plat of Barcelona Subdivision Phase One in Ward Four of Calcasieu Parish, Louisiana, including Isabella located within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

WHEREAS, Wallace Nichols, subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Woodland Forest Estates Subdivision Part Two, a subdivision in Section 36, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by William L. Haymon, Registered Land Surveyor No. 1823, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat was filed for record in the Office of the Clerk of Court on December 8, 2003 and December 12, 2003, bearing File Nos. 2653620 and 2654143, respectively.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of December, 2003, that it does hereby officially accept the plat of Woodland Forest Estates Subdivision Part Two in Ward One of Calcasieu Parish, Louisiana, including South Woodland Forest Drive, North Woodland Forest Drive, Deerfield Drive, Hickory Ridge Drive and Jessica Drive located within said subdivision, for future maintenance by the Parish.

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Upon motion made by Mr. McMillin, which was duly seconded by Mrs. August and carried unanimously, Recommendation No. 4 of the Public Works Committee was approved, and the following ordinance was adopted as a result thereof:

ORDINANCE NO. 4660

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 various roads in Ward Four of Calcasieu Parish.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

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

Miller Avenue, from Bagdad Road to Hudson Drive, in Ward 4

Hudson Drive, from Miller Avenue to Westwood Road, in Ward 4

SECTION II. 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:

- Miller Avenue, from the Westlake city limits to Bagdad Road, in Ward 4

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

- Miller Avenue, from the Westlake city limits to Hudson Drive, in Ward 4

- Hudson Drive, in its entirety, in Ward 4

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

BE IT FURTHER ORDAINED that appropriate signs shall be posted along the roads 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 December, 2003.

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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Motion was made by Mr. Clement, seconded by Mr. Danahay and carried unanimously that Recommendation No. 5 of the Public Works Committee as outlined heretofore be approved.

It was moved by Mrs. Treme, seconded by Dr. Mackey and carried unanimously to approve Recommendation No. 6 of the Public Works Committee.

Upon motion made by Mr. Clement, which was duly seconded by Mr. Landry and carried unanimously, Recommendation No. 7 of the Public Works Committee was approved; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of December, 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 36, Township 11 South, Range 9 West in Ward Three, Calcasieu Parish, necessary for maintenance and public access, said property being owned by Steven Diefenderfer, and more particularly described as follows:

Commencing at the Northeast Corner of the West Half of the West Half of the East Half of the West Half of the Northeast Quarter of Section 36, Township 11 South, Range 9 West, in Calcasieu Parish, Louisiana, thence South along the East line of said West Half of the West Half of the East Half of the West Half of the Northeast Quarter a distance of 646.0 feet to point of beginning, thence continuing South along said East line a distance of 1039.89 feet, thence West a distance of 30.0 feet, thence North along a line that is parallel to and 30.0 feet West of said East line a distance of 1039.89 feet, thence East a distance of 30.0 feet to point of beginning.

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

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Motion was made by Mrs. August, seconded by Mrs. Griffin and carried unanimously that Recommendation No. 8 of the Public Works Committee as previously outlined be approved.

It was moved by Dr. Mackey, seconded by Mr. Manuel 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 Gulf South Pipeline to place Rip Rap in Calcasieu River to protect existing pipeline, construct boat mooring, and fill with 76 cubic yards of crushed limestone for walkway construction. Project implementation would impact approximately 0.04 acres of water bottoms, and cumulatively impact approximately 0.26 acres of water bottoms. Said project is located 9.5 miles Southwesterly from Lake Charles, in Calcasieu Parish, Louisiana; 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 4^th day of December, 2003, that it does hereby indicate no objection to the proposal of Gulf South Pipeline to place Rip Rap in Calcasieu River to protect existing pipeline, construct boat mooring, and fill with 76 cubic yards of crushed limestone for walkway construction. Project implementation would impact approximately 0.04 acres of water bottoms, and cumulatively impact approximately 0.26 acres of water bottoms. Said project is located 9.5 miles Southwesterly from Lake Charles, in Calcasieu Parish, Louisiana.

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

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to 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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Motion was made by Mrs. Griffin and seconded by Mrs. August that the recommendations of the Director of the Division of Planning and Development be approved with respect to the Surplus Adjudicated Property Sale conducted on November 24, 2003, on the following cases and that an ordinance be adopted with respect to each piece of property:

AP03-061-02 (1615 Opelousas Street) (Police Jury District 3)

The highest offer in the amount of $7,500.00 by Stephen Christopher Ayers was accepted.

AP03-083-03 (2530 Dewey & 1132 Moeling Street) (Police Jury District 2)

The highest offer in the amount of $17,000.00 by Elmo White was accepted.

AP03-131-03 (N. Enterprise Boulevard-vacant lot) (Police Jury District 3)

The highest offer in the amount of $1,000.00 by Donald Dean Jackson was accepted.

AP03-132-03 (321 N. Prater) (Police Jury District 3)

The highest offer in the amount of $10,000.00 by Stephen Christopher Ayers was accepted.

AP07-130-03 (906 Williams Road) (Police Jury District 11)

The highest offer in the amount of $1,700.00 by Que Phan was accepted.

With reference to the foregoing, Mr. Vickers explained that subsequent to the Agenda Committee Meeting, the original bidder had withdrawn his bid on AP03-132-03, and the staff had approached the second lowest bidder, Dr. Stephen Christopher Ayres, and asked him if he would be willing to buy the property for the amount he had bid ($10,000.00). Mr. Vickers further explained that he thought perhaps the highest bidder (who bid $17,000.00 for the property) had gotten “caught up in the moment” and did not go out and inspect the house very well, pointing out that it had been exposed to the elements, and vagrants had been sleeping in it.

Mr. Vickers advised that Dr. Ayres had purchased property through the adjudicated property program in the past and had reinvested a lot of money back into the community by doing so, and he recommended that Dr. Ayres’ bid be accepted as outlined heretofore.

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

ORDINANCE NO. 4661

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 160 ft E and 25 ft N of NE Cor Opelousas St and Blake St th N 175 ft E 40 ft S 175 ft W 15 ft S 25 ft W 8.2 ft N 25 ft W 16.8 ft to pt of com (in Blk 29 Nix Add) 29 09 08 1330-29 0016; (AP03-061-02; Tax Assessment No. 567159); 1615 Opelousas Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Dr. Stephen Christopher Ayers, his designated agent, or assignee for the consideration of $7,500.00 (seven thousand five hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $325.00 ($250 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Com 160 ft E and 25 ft N of NE Cor Opelousas St and Blake St th N 175 ft E 40 ft S 175 ft W 15 ft S 25 ft W 8.2 ft N 25 ft W 16.8 ft to pt of com (in Blk 29 Nix Add) 29 09 08 1330-29 0016; (AP03-061-02; Tax Assessment No. 567159); 1615 Opelousas Street in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

WHEREAS, a request has been received by the Division of Planning & Development from Dr. Stephen Christopher Ayers, to purchase said property for the consideration of $7,500.00 (seven thousand five hundred dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Dr. Stephen Christopher Ayers, 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 December, 2003, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Com 160 ft E and 25 ft N of NE Cor Opelousas St and Blake St th N 175 ft E 40 ft S 175 ft W 15 ft S 25 ft W 8.2 ft N 25 ft W 16.8 ft to pt of com (in Blk 29 Nix Add) 29 09 08 1330-29 0016; (AP03-061-02; Tax Assessment No. 567159); 1615 Opelousas Street in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President 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 Dr. Stephen Christopher Ayers, his designated agent, or assignee for and in consideration of $7,500.00 (seven thousand five hundred 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:

(1) 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 the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.

(2) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.

(3) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.

(4) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.

(5) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.

(6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, 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 anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.

Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

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

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4662

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lots 1, 23, 24 Blk 1 Sub of S part Prater Heirs Tract; (AP03-083-03; Tax Assessment No. 752967.01); 2530 Dewey and 1132 Moeling Streets in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Elmo White, his designated agent, or assignee for the consideration of $17,000.00 (seventeen thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $325.00 ($250 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lots 1, 23, 24 Blk 1 Sub of S part Prater Heirs Tract; (AP03-083-03; Tax Assessment No. 752967.01); 2530 Dewey and 1132 Moeling Streets 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. Elmo White, to purchase said property for the consideration of $17,000.00 (seventeen 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

NOW, THEREFORE,

Section 1. The property described as: Lots 1, 23, 24 Blk 1 Sub of S part Prater Heirs Tract; (AP03-083-03; Tax Assessment No. 752967.01); 2530 Dewey and 1132 Moeling Streets 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. Elmo White, his designated agent, or assignee for and in consideration of $17,000.00 (seventeen 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:

(6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

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

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4663

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com on W/S Gray St 183 1/3 ft S of NE Cor Blk 6 Lyons Sub, S 50 ft, W 150 ft etc.; (AP03-131-03; Tax Assessment No. 573957); N. Enterprise Boulevard (vacant lot) in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Donald Dean Jackson, his designated agent, or assignee for the consideration of $1,000.00 (one 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: Com on W/S Gray St 183 1/3 ft S of NE Cor Blk 6 Lyons Sub, S 50 ft, W 150 ft etc.; (AP03-131-03; Tax Assessment No. 573957); N. Enterprise Boulevard (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. Donald Dean Jackson, to purchase said property for the consideration of $1,000.00 (one 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. Donald Dean Jackson, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Com on W/S Gray St 183 1/3 ft S of NE Cor Blk 6 Lyons Sub, S 50 ft, W 150 ft etc.; (AP03-131-03; Tax Assessment No. 573957); N. Enterprise Boulevard (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. Donald Dean Jackson, his designated agent, or assignee for and in consideration of $1,000.00 (one 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:

(6) Purchaser has paid the consideration in cash to the Parish and the cash sale attached has been approved by the Division of Planning & Development.

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

/s/ Chuck Kleckley, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4664

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 140 ft S of center of Opelousas St and 10 ft W of E line of following 5 acs m/l taken from along E/S of NW NW 33.9.8 bdd N by Opelousas St S by R/W of LA W RR E by Spence Washingtons prop W by prop of LA W RR CO fronting 1 ac E and W on LA W RR CO by depth of 5 acs m/l N and S th S 50 ft W 140 ft etc.; (AP03-132-03; Tax Assessment No. 603988); 321 N. Prater in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Dr. Stephen Christopher Ayers, his designated agent, or assignee for the consideration of $10,000.00 (ten thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $325.00 ($250 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Com 140 ft S of center of Opelousas St and 10 ft W of E line of following 5 acs m/l taken from along E/S of NW NW 33.9.8 bdd N by Opelousas St S by R/W of LA W RR E by Spence Washingtons prop W by prop of LA W RR CO fronting 1 ac E and W on LA W RR CO by depth of 5 acs m/l N and S th S 50 ft W 140 ft etc.; (AP03-132-03; Tax Assessment No. 603988); 321 N. Prater 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 Dr. Stephen Christopher Ayers, to purchase said property for the consideration of $10,000.00 (ten 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

NOW, THEREFORE,

Section 1. The property described as: Com 140 ft S of center of Opelousas St and 10 ft W of E line of following 5 acs m/l taken from along E/S of NW NW 33.9.8 bdd N by Opelousas St S by R/W of LA W RR E by Spence Washing