Calcasieu Parish Police Jury Agenda Minutes

March 4, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 4, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Brent Clement, President, presiding, and the following members present:

Mrs. Sandra J. Treme; and Messrs. Francis Andrepont, Mike Danahay, Tony Guillory, Chuck Kleckley, Chris Landry, Don Manuel, Hal McMillin, Cornie Moon, Tony Stelly, and Alvin Stevens

Absent: Mrs. Elizabeth Conway Griffin, Mr. Calvin Collins (recuperating from surgery), and Dr. Charles S. Mackey (out of town)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mr. Richard Gremillion, Director of Emergency Preparedness; Mr. Jerry Milner, Director of Finance; Mr. Claude D. Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Mrs. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facility Management; and Mr. Jim Vickers, Director of Planning and Development.

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

President Clement advised that Mr. Collins had surgery on this date and was doing well.

President Clement 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.

Certificates were presented at this time by Mr. Stelly to Calcasieu 4-H and FFA members who were recently recognized as Champion Exhibitors at the District and State Livestock Shows. Mr. Stelly pointed out that the recipients were the “best of the best” and that the program in Calcasieu Parish was a wonderful program. He advised that he had always told his own children that while they could not win every time, each time they entered the race, they were a winner.

The following persons received a certificate and all were given a round of applause:

State Champions: Garet Berry, Lauren Brown, Joshua Denison, Thad Derouen, Claire Galley, Shawnna Harrington, Monty Galley, Alexa Miller, Chelsie Morein, Jayde Newman, Brad Roussell, Klancy Shope, and Brittany Stewart

District Champions: Nick Abshire, Garet Berry, Lauren Brown, Sadie Daigle, John Denison, Joshua Denison, Joel Denison, Thad Derouen, Brandi Drost, Jessica Fontenot, Claire Galley, Kameron Gautreaux, Shawnna Harrington, Logan Hayes, Gerald Hyatt, Garrett Kelly, Lauren Kinney, Brittany Landry, Jarret Landry, J. Trent Landry, Kyla Little, James Lowery, Alexa Miller, Molly Milner, Mary Moore, Brooke Newman, Jayde Newman, Megan Phillips, Lynsey Reed, Brad Roussell, Klancy Shope, Dillon Stewart, Jacob Streeter, Jeanne Thibodeaux, Chance Vallette, Whitney White, Adam Williams, and Shannon Williams

President Clement complimented the 4-H program and its leaders, Mr. Jerry Whatley, Mr. Jimmy Meaux, and Mr. Trent Guidry. He stated that the program instilled a lot of values in the youth of the community such as responsibility, family togetherness, etc., and he asked how many animals were exhibited in the show.

Mr. Jerry Whatley stated that this year there were about 2,200 and that there were seven district shows in the State, with Calcasieu Parish being larger than six of them which made the Parish and the District the leader. He complimented the young people for representing the Parish well and pointed out that Calcasieu was first in most of the District competitions. Mr. Whatley also complimented the parents for their support and the Police Jury for its support of the program.

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

Motion was made by Mr. Kleckley, seconded by Mr. Guillory and carried unanimously that payment of all current invoices be approved.

It was moved by Mr. Guillory, seconded by Mr. Moon and carried unanimously to approve the minutes of the regular meeting of the Police Jury dated February 5, 2004, and the reading of same was dispensed with.

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Stevens and carried unanimously, the Agenda Committee Report dated February 26, 2004, was approved as follows:

AGENDA COMMITTEE REPORT

February 26, 2004

A meeting of the Agenda Committee was held on Thursday, February 26, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Calvin Collins presiding, and the following members present:

Mr. Francis Andrepont, Mr. Brent Clement, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme

Absent: Mr. Hal McMillin

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen Smith, Mrs. Kathy P. Smith, 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 March 4, 2004.

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

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

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

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Motion was made by Mr. Stelly, seconded by Mr. Manuel and carried unanimously that the Public Works Committee Report dated February 26, 2004, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

February 26, 2004

______________________________________

A meeting of the Public Works Committee was held on Thursday, February 26, 2004, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Cornie Moon, Vice-Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Dr. Charles S. Mackey, Mr. Don Manuel, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme

Absent: Chairman Hal McMillin

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

Said Committee:

(1) Received and opened the following bids, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2004-02 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana):

Prairie Construction Company, Inc.$2,261,332.10

R. E. Heidt Construction Company, Inc.$2,123,345.77

(2) Received the following grants from the Louisiana Rural Development Grant Program, as presented by Senator Gerald Theunissen and Representative Dan Morrish, representing the Calcasieu Legislative Delegation: (Action on this item was taken during the Special Meeting of the Police Jury which was held prior to the Public Works Committee meeting on this date.)

Community Center & Playground District No. 7 of Ward 2 Bleachers $12,428

Sewer District No. 13 of Ward 4 Upgrades $12,428

Ward 5 Fire Protection District No. 1 Radios $12,428

Ward 6 Fire Protection District No. 1 Equipment $12,428

Waterworks District No. 5 of Wards 3 & 8 Computers $10,000

(3) Recommended that a resolution be adopted accepting Rustic View Estates Phase 2 A & B located in Section 29,Township 11 South, Range 8 West, off Helms Road and Greathouse Road in Ward Three. (Police Jury District 7)

(4) Recommended that a resolution be adopted accepting Hunters Cove Part I located in Section 8, Township 10 South, Range 10 West, off Currie Road in Ward Four. (Police Jury District 12)

(5) Recommended that a resolution be adopted approving an agreement between the Police Jury and H. Curtis Vincent and Steven D. Shows Architects, LLC, for architectural services related to the improvements at Intracoastal Park, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

(6) Recommended that a resolution be adopted approving an agreement between the Police Jury and the Office of State Parks for a grant in the amount of $73,292.50 for the improvements to the boat launch at the end of old Highway 90 in Vinton, and providing for a 50% match ($73,292.50) from the undesignated reserve in the Parks Fund, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (Note: A letter was received from the Office of State Parks indicating that the Police Jury had been awarded said grant for this project; however, the 50% match from the Police Jury was not provided for in a specific line item in the 2004 Annual Budget, thereby necessitating the transfer from the reserve.)

(7) Advised that a letter was received from The Honorable Ulysses Gene Thibodeaux, Judge of the Third Circuit Court of Appeals, expressing the Court’s appreciation for the Police Jury’s recent action (on February 19, 2004) to enter into a Joint Services Agreement with the City of Lake Charles for the installation of a traffic signal and turn lane at the intersection of Broad Street, Main Street, and Bunker Road in Ward Three. (The Third Circuit Court of Appeals’ building is located at 1000 Main Street, and the judges and employees of the Court had experienced traffic problems at this intersection.)

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Motion was made by Mr. Stelly, seconded by Mr. Manuel and carried unanimously that Recommendation No. 1 of the Public Works Committee be approved as outlined heretofore, and further, that in accordance with the recommendation of the Parish Administrator, the low bid of R.E. Heidt Construction Company, Inc. in the amount of $2,123,345.77, be accepted for Calcasieu Parish Project No. 2004-02 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana), said bids having been received by the Police Jury on February 26, 2004, and further, that the President of the Police Jury be authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2004-02.

It was moved by Mrs. Treme, seconded by Mr. Stevens and carried unanimously that Recommendation No. Two of the Public Works Committee be approved.

Upon motion made by Mr. Landry, which was duly seconded by Mr. Stelly and carried unanimously, Recommendation No. 3 of the Public Works Committee was approved, and the following resolution was adopted:

RESOLUTION

WHEREAS, Barry McGee, subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as Rustic View Estates Phase 2-A and 2-B, a subdivision in Section 29, Township 11 South, Range 8 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 plats were prepared by George A. Evans, Jr., Registered Land Surveyor No. 4750, and certification was made that the subdivision plats were prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plats were filed for record in the Office of the Clerk of Court on March 9, 2004, bearing File No. 2663914 - Rustic View Estates Phase 2-A and File No. 2663915 - Rustic View Estates Phase 2-B.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby officially accept the plats of Rustic View Estates Phase 2-A and 2-B in Ward Three of Calcasieu Parish, Louisiana, including Barn Stable Drive and Tall Sky Drive located within said subdivision, for future maintenance by the Parish.

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

With reference to Recommendation No. 4 of the Public Works Committee as outlined heretofore, Mr. Vickers recommended that a provision be added to the resolution accepting Hunters Cove Part I Subdivision indicating that the developer of the subdivision was required to submit a deposit in the amount of $3,500 to the Division of Engineering and Public Works as a condition of said subdivision being accepted. Mr. Manuel asked what the deposit was for, and Mr. Vickers explained that the developer had experienced some silting in of the ditches, and the staff wanted to ensure that the ditches were put back in order.

Motion was made by Mr. Andrepont, seconded by Mr. Stevens and carried unanimously that Recommendation No. 4 of the Public Works Committee be approved, including Mr. Vickers’ recommendation outlined previously; whereupon, the following resolution was adopted:

RESOLUTION

WHEREAS, Henry Misse subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Hunters Cove Part 1, a subdivision in Section 8, Township 10 South, Range 10 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by James R. Webb, Registered Land Surveyor No. 04582-L, 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 March 9, 2004, bearing File No. 2663932.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby officially accept the plat of Hunters Cove Part 1 in Ward Four of Calcasieu Parish, Louisiana, including West Weatherby Drive, East Weatherby Drive and North Weatherby Drive located within said subdivision, for future maintenance by the Parish.

BE IT FURTHER AND FINALLY RESOLVED that the developer has submitted a deposit in the amount of $3,500 to the Division of Engineering and Public Works, as a condition of said subdivision being accepted.

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

It was moved by Mr. Manuel, seconded by Mr. Stevens and carried unanimously to approve Recommendation No. 5 of the Public Works Committee as outlined heretofore; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of March, 2004, that it does hereby approve an agreement between the Police Jury and H. Curtis Vincent and Steven D. Shows Architects, LLC, for architectural services related to the improvements at Intracoastal Park.

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.

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

Motion was made by Mr. Stelly and seconded by Mrs. Treme that Recommendation No. 6 of the Public Works Committee be approved.

Mrs. Treme advised that during the last six years, the Police Jury had repeatedly submitted applications to improve this area of the Parish, and she was elated that something had finally transpired. Mrs. Treme stated that she thought this was one of the most beautiful spots in the Parish and would prove to be a tremendous asset.

Mr. McMillin pointed out that this boat launch was also known as the burned out bridge and that it provided good access to wonderful marshes throughout Southwest Louisiana.

A vote taken on the motion on the floor carried unanimously and as a result thereof, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of March, 2004, that it does hereby approve an agreement between the Police Jury and the Office of State Parks for a grant in the amount of $73,292.50 for the improvements to the boat launch at the end of old Highway 90 in Vinton, and providing for a 50% match ($73,292.50) from the undesignated reserve in the Parks Fund.

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

THUS DONE AND PASSED on the date above inscribed.

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

Upon motion made by Mr. Guillory, which was duly seconded by Mrs. Treme and carried unanimously, Recommendation No. 7 of the Public Works Committee was approved.

Motion was made by Mr. Manuel, seconded by Mrs. Treme and carried unanimously that the following resolution be adopted:

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, by John P. Harris to construct a new boat house, walkway, and dock for private recreational use. The existing dock will be removed and dredging will not be required for this project. Said project is located on Lots 1-10, Section 37, T11S-R9W, off Manning Road, on the east side of Calcasieu Lake, near Lake Charles, in Calcasieu Parish, Louisiana; and

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

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby indicate no objection to the proposal of John P. Harris to construct a new boat house, walkway, and dock for private recreational use. The existing dock will be removed and dredging will not be required for this project. Said project is located on Lots 1-10, Section 37, T11S-R9W, off Manning Road, on the east side of Calcasieu Lake, near 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, provided said work meets with the rules and regulations of the Corps of Engineers subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mrs. Treme, seconded by Mr. Stelly and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development with reference to the Surplus Adjudicated Property Sale conducted on February 23, 2004, on the following cases, and to adopt an ordinance with respect to each piece of property:

APO3-137-04 (Brick Street - vacant lot) (Police Jury District 3)

The highest offer in the amount of $450.00 of Joseph Narcisse was accepted.

AP03-138-04 (O’Brien Street - vacant lot) (Police Jury District 3)

The highest offer in the amount of $1,200.00 of Lester Jerome Duhon was accepted.

AP03-139-04 (N. Cherry Street - vacant lot) (Police Jury District 3)

The highest offer in the amount of $1,300.00 of Lester Jerome Duhon was accepted.

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

ORDINANCE NO. 4696

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lots 29 McMillan Sub of B and C Sub.; (AP03-137-04; Tax Assessment No. 582875); Brick Street-vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Joseph Narcisse, his designated agent, or assignee for the consideration of $450.00 (four hundred fifty 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: Lots 29 McMillan Sub of B and C Sub.; (AP03-137-04; Tax Assessment No. 582875); Brick Street-vacant lot; in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

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

WHEREAS, a request has been received by the Division of Planning & Development from Mr. Joseph Narcisse, to purchase said property for the consideration of $450.00 (four hundred fifty dollars) cash, at the time of sale; and

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

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Joseph Narcisse, 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 March, 2004, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lots 29 McMillan Sub of B and C Sub.; (AP03-137-04; Tax Assessment No. 582875); Brick Street-vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Joseph Narcisse, his designated agent, or assignee for and in consideration of $450.00 (four hundred fifty 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 March, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4697

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 4 Julia E O’Brien Sub of Lot 4 Block 6 Spence Sub.; (AP03-138-04; Tax Assessment No. 572187); 1500 Block of O’Brien Street-vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Lester Jerome Duhon, his designated agent, or assignee for the consideration of $1,200.00 (one thousand two hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lot 4 Julia E O’Brien Sub of Lot 4 Block 6 Spence Sub.; (AP03-138-04; Tax Assessment No. 572187); 1500 Block of O’Brien Street-vacant lot; in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

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

WHEREAS, a request has been received by the Division of Planning & Development from Mr. Lester Jerome Duhon, to purchase said property for the consideration of $1,200.00 (one thousand two hundred dollars) cash, at the time of sale; and

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

NOW, THEREFORE,

Section 1. The property described as: Lot 4 Julia E O’Brien Sub of Lot 4 Block 6 Spence Sub.; (AP03-138-04; Tax Assessment No. 572187); 1500 Block of O’Brien Street-vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Lester Jerome Duhon, his designated agent, or assignee for and in consideration of $1,200.00 (one thousand two 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:

(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 March, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 4698

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 26 Douglas Sub.; (AP03-139-04; Tax Assessment No. 317160); 500 Block of N. Cherry Street-vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Lester Jerome Duhon, his designated agent, or assignee for the consideration of $1,300.00 (one thousand three hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lot 26 Douglas Sub.; (AP03-139-04; Tax Assessment No. 317160); 500 Block of N. Cherry Street-vacant lot; in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

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

WHEREAS, a request has been received by the Division of Planning & Development from Mr. Lester Jerome Duhon, to purchase said property for the consideration of $1,300.00 (one thousand three hundred dollars) cash, at the time of sale; and

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

NOW, THEREFORE,

Section 1. The property described as: Lot 26 Douglas Sub.; (AP03-139-04; Tax Assessment No. 317160); 500 Block of N. Cherry Street-vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Lester Jerome Duhon, his designated agent, or assignee for and in consideration of $1,300.00 (one thousand three 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:

(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 March, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of March, 2004, that it does hereby approve an agreement between the Police Jury and Shaw Environmental, Inc. to provide consultation on a FEMA Acquisition/Elevation Grant Project No. 1437-019-002 (Grant Amount $571,889.00) for approximately six flood mitigation projects.

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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Motion was made by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously that the following resolution be adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of March, 2004, that it does hereby authorize the Division of Planning and Development to implement procedures through the Parish permitting process to insure compliance of resident and non-resident contractors with applicable state laws governing construction contract activity.

THUS DONE AND PASSED on the date above inscribed.

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

It was moved by Mr. Manuel, seconded by Mr. Guillory and carried unanimously to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of March, 2004, that it does hereby approve the submittal of a grant application in the amount of $5,000.00 to the Louisiana Department of Environment Quality’s Litter Abatement Grant Program to fund litter education and abatement initiatives, with a $1,250.00 match to come from the Solid Waste Fund.

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

THUS DONE AND PASSED on the date above inscribed.

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

Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Manuel and carried unanimously, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 4^th day of March, 2004, that it does hereby approve a Joint Services Agreement between the Police Jury and McNeese State University to implement a community service project for juveniles involved with the Office of Juvenile Justice Services at the McNeese State University Farm which will offer opportunities for community service and service learning and will facilitate the development of skills and positive interests to prevent further delinquency.

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.

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

With reference to the foregoing and in answer to a question by Mr. Danahay as to whether the program outlined in the resolution was a renewal of an existing program, Mrs. Martha Parnell, Director of the Office of Juvenile Justice Services (OJJS), appeared before the Police Jury and explained that this was a new program. She further explained that OJJS had a similar program with the Sheriff’s Department for juveniles to work at the farm operated by the Sheriff’s Department.

Motion was made by Mr. Stelly, seconded by Mr. Stevens and carried unanimously that the following resolution be adopted:

RESOLUTION

WHEREAS, the Police Jury of Calcasieu Parish, Louisiana, took action at its regular meeting on the 8^th day of April, 1999, to declare Waterworks District No. Fifteen of Ward Two (the District) as being inactive, due to the fact that the District did not have any funds with which to operate and did not hold meetings on a regular basis; and

WHEREAS, it was further noted at the meeting on April 8, 1999, that the Police Jury could reactivate the District if funds became available for operation in the future; and

WHEREAS, there currently exists a possibility to obtain funding and provide service within the boundaries of the District and thus a need to reactivate said District and its Board of Commissioners.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby officially declare Waterworks District No. Fifteen of Ward Two an active special service district of the Parish of Calcasieu, Louisiana.

BE IT FURTHER RESOLVED that the Calcasieu Parish Police Jury shall serve as the Board of Commissioners of Waterworks District No. Fifteen of Ward Two.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mr. Manuel, seconded by Mr. Guillory and carried unanimously for the Police Jury, acting as the Board of Commissioners of Waterworks District No. Fifteen of Ward Two, to approve the submittal of a Cooperative Endeavor Request in the amount of $25,000 from the Police Jury’s Riverboat Fund (Special Projects by Ward) as matching funds for a project by the Jeff Davis Water and Sewer Commission No. One to construct a waterline to the Bell City and Hayes areas.

Upon motion made by Mr. Kleckley, which was duly seconded by Mr. Landry and carried unanimously, action was deferred for thirty days on expiration of the term of Mr. Ronald L. Williams as a member of the Board of Commissioners of Ward Three Fire Protection District No. Two due to the fact that a determination needed to be made regarding the allotment of said members to the respective Police Jury districts.

Motion was made by Mr. Kleckley, seconded by Mr. Landry and carried unanimously that action be deferred for thirty days on expiration of the term of Ms. Teresa Ryan as a member of the Board of Commissioners of Ward Three Fire Protection District No. Two due to the fact that a determination needed to be made regarding the allotment of said members to the respective Police Jury districts.

It was moved by Mr. Andrepont, seconded by Mr. Manuel and carried unanimously to adopt the following resolution appointing Mr. Ronald Phelps to fill a vacancy on the Board of Commissioners of the Calcasieu Parish Communications District which was created by the resignation of Mr. Gene Mullin:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby appoint Mr. Ronald Phelps, to replace Mr. Gene Mullin, as a member of the Board of Commissioners of the Calcasieu Parish Communications District, said term to expire March, 2006.

BE IT FURTHER RESOLVED that, in accordance with state law, the above referred to appointee shall be administered an oath of office by any judge, justice of the peace, clerk of court, or notary public duly appointed and qualified in the State of Louisiana.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Upon motion made by Mr. Danahay, which was duly seconded by Mr. Guillory and carried unanimously, the following resolution was adopted reappointing Mr. Dale Hernandez as a member of the Board of Commissioners of Ward Four Fire Protection District No. Two: [It was noted that the nomination structure for this Board was as follows: District 12 – 4 members; District 15 – 1 member (after consultation with District 13). The consensus of those jurors was that the current membership of the Board be allocated as follows: District 12 – Dale Hernandez, Tony Dougherty, James Dennis, and Milton Castille, and District 15 (after consultation with District 13) – Vince Lanier.]

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby reappoint Mr. Dale Hernandez, as a member of the Board of Commissioners of Ward Four Fire Protection District No. Two, said term to expire March, 2007.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Danahay, seconded by Mr. Stelly and carried unanimously that the following resolution be adopted appointing Mr. John Charles “Charlie” Guidry to fill a vacancy on the Board of Commissioners of Ward Four Fire Protection District No. Two which was created by the fact that Mr. Vince Lanier’s term on said Board had expired and he did not wish to be reappointed:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby appoint Mr. John Charles Guidry, to replace Mr. Vince Lanier, as a member of the Board of Commissioners of Ward Four Fire Protection District No. Two, said term to expire March, 2007.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mr. Manuel, seconded by Mr. Stevens and carried unanimously to adopt the following resolution:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby reappoint Mr. James J. Vickers, as a member of the IMCAL Board of Directors, said term to expire March, 2009.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Upon motion made by Mrs. Treme, which was duly seconded by Mr. McMillin and carried unanimously, the following resolution was adopted to appoint Mr. Terry Burns to fill a vacancy on the Board of Commissioners of Community Center and Playground District No. Three of Ward Seven which was created by the resignation of Mr. David Moreau: (It was noted that the nomination structure for this Board was as follows: Districts 11 and 12 – 1 member; District 12 – 4 members. The consensus of those jurors was that the current membership be allocated as follows: Districts 11 and 12 – David Moreau, and District 12 – Linda Dugas, Donald D. Coleman, Charles Broussard, and Karen Douglass.)

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 4^th day of March, 2004, that it does hereby appoint Mr. Terry Burns, to replace Mr. David Moreau, as a member of the Board of Commissioners of Community Center and Playground District No. Three of Ward Seven, said term to expire July, 2005.

BE IT FURTHER RESOLVED that the above-named appointee shall be administered the oath of office within thirty days following receipt of this resolution.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Motion was made by Mr. Manuel, seconded by Mr. Guillory and carried unanimously that in accordance with the recommendation of the Parish Engineer, the low bid of R.E. Heidt Construction Company, Inc. in the amount of $1,267,910.05 be accepted for Calcasieu Parish Project No. 2004-03 (Hardsurfacing of Paul Bellon Road and Clyde Dulaney Road), said bids having been received by the Police Jury on February 19, 2004, and further, that the President of the Police Jury be authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2004-03.

It was moved by Mr. Danahay, seconded by Mr. Stevens and carried unanimously to approve the following staff recommendations with respect to acceptance of bids for purchase of cold mix, hot mix, ready mix concrete, crushed stone, liquid asphalt, light weight aggregate, and borrow material, with unit prices effective from April 1, 2004, until September 30, 2004, said bids having been received by the Parish Purchasing Agent on February 26, 2004:

Cold Mix

Accept the respective low bids of John River Asphalt and R. E. Heidt Construction Company, Inc.

Hot Mix

Accept the respective low bids of James Corporation of Opelousas, Inc., and R. E. Heidt Construction Company, Inc.

Ready Mix Concrete