June 3, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 3, 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. Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Calvin Collins, Tony Guillory, Chuck Kleckley, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, Tony Stelly, and Alvin Stevens

Absent: Mr. Mike Danahay (out of town)

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

President Clement 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 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.

President Clement 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 Calcasieu Parish Project No. 2004-06 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana).

Mr. McMurry then proceeded to open the following bids:

R. E. Heidt Construction Company, Inc. $1,416,457.14

(Mr. McMurry noted that there was a scratched-through amount on said bid but that it had been initialed.)

Prairie Contractors, Inc. $1,544,063.74

There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the bids be referred to the Parish Engineer for final tabulation with further action thereon to be taken at the Regular Meeting on June 17, 2004.

It was moved by Mr. Stelly, seconded by Mr. Stevens and carried unanimously to approve the following applications for liquor and beer permits, as well as to ratify the issuance of the following Special Events Permit:

WARD VI

S. Nelson, Inc.

Shane Nelson - President

BUCKIN’ BRONCO

1044 Hwy. 27 North

DeQuincy, LA 70633 Liquor & Beer 135.00

(Sandy Treme’s District)

TOTAL REMITTANCE: 135.00

Type C permit to allow alcoholic beverages for the special event (car show):

GROUP THERAPY DRAG FEST

June 4, 5, 6, 2004

4200 Luke Powers Road, Lake Charles, LA 70615

Deborah Briley, Organizer

(Calvin Collins’ District)

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

Motion was made by Mr. Landry, seconded by Dr. Mackey and carried unanimously that the payment of all current invoices be approved.

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Stevens and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated May 6, 2004, were approved, and the reading of same was dispensed with.

It was moved by Mrs. Griffin, seconded by Mr. Kleckley and carried unanimously that the Agenda Committee Report dated May 27, 2004, be approved as follows:

AGENDA COMMITTEE REPORT

May 27, 2004

A meeting of the Agenda Committee was held on Thursday, May 27, 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, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme

Absent: Mr. Cornie Moon (vacation)

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 L. Smith, Jr., and Mr. Jim Vickers.

Chairman Collins 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 June 3, 2004.

Following review of the items to be considered by the Police Jury on June 3^rd, 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.

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

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the Public Works Committee Report dated May 27, 2004, and all recommendations contained therein, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

May 27, 2004

______________________________________

A meeting of the Public Works Committee was held on Thursday, May 27, 2004, in the Police Jury Meeting Room on the first floor 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, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth C. Griffin, Mr. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme

Absent: Mr. Cornie Moon (vacation)

Recommendations made by the Committee:

(1) Cleo Coulter appeared before the Committee regarding drainage problems on Dave Dugas Road. Mr. Coulter stated that he felt the problems were not being properly addressed by the Ward Four Drainage Board (Gravity Drainage District No. Five of Ward Four) and requested the assistance of the Police Jury in this matter. Mr. Coulter also alleged the possible improper use of drainage district equipment on private property off of W.P.A. Road at which time Mr. Bob Kleinschmidt and Mr. Terry Manuel with the Calcasieu Parish District Attorney’s Office addressed the Committee and reported that they had reviewed said allegations and determined the work done at this location was proper and legal as it related to the shoring up of a levee adjacent to a drainage canal which was maintained by the Drainage District. Mr. Ricky Blackwell and Mr. Neil Nelson with the Ward Four Drainage District also addressed the Committee and responded to the allegations and answered questions of the Committee. With regard to the drainage problems on Dave Dugas Road, Mr. Claude Smart, Parish Engineer, stated that the Police Jury has done everything it could with reference to encouraging the Corps of Engineers to proceed with the dredging of Choupique Bayou, and it would just take time. Mr. Smart also acknowledged that the Police Jury’s Division of Engineering and Public Works would continue to look at ways to improve the drainage in this area which consisted of a drainage basin containing approximately 600-700 acres.

(2) Wes Crain, Assistant Director of the Division of Planning and Development, presented pictures of illegal dumping occurring at the end of Lake Street in Ward Three and Huey Miller Road in Ward Seven. The Committee recommended that the Planning Staff meet with the affected property owners as to whether the roads should be abandoned or a gate erected and report back to the Police Jury for further action. (Police Jury Districts 7 and 12)

(3) Recommended that a resolution be adopted accepting Dominion Ranch Subdivision located in Section 10, Township 11 South, Range 9 West located off of Saucier Road in Ward Three. (Police Jury District 8)

(4) Recommended that a resolution be adopted authorizing the Director of Planning and Development and the Calcasieu Parish Clerk of Court to file the Dunn Ferry Subdivision plat of survey located on North West Fork Road in Section 28, Township 8 South, Range 9 West in Ward One. (Police Jury District 11)

(5) Recommended that the 2004 Capital Improvement Plan be amended to include East Leichty Road, Suburban Drive, and Tijie Drive. (Police Jury Districts 1, 2, and 11)

(6) Recommended that ordinances be amended and/or adopted establishing a 50-mph speed limit on Hungerford Road located in Ward Eight. (Police Jury Districts 4 and 10)

(7) Recommended that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way (east tract) from Joshua Timberlands, LLC, on Paul Bellon Road in Ward One (Calcasieu Parish Project No. 2003-06), in accordance with criteria established by the Police Jury and the recommendation of the Parish Engineer. (Police Jury District 2)

(8) Recommended that a resolution be adopted approving a Traffic Maintenance Agreement between the Police Jury and the City of Lake Charles wherein the City will maintain and operate traffic signals at the intersections of Nelson Road and Gauthier Road and Nelson Road and Ham Reid Road located in the unincorporated area of Calcasieu Parish, and the Police Jury will reimburse the City on a semi-annual basis for maintenance cost on each approved traffic signal installation (two intersections) at the rate of $1,345.00 per signalized intersection per year, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

(9) Advised that the Louisiana Department of Transportation and Development is requesting that the United States Coast Guard hold a public hearing concerning the proposition that the Grand Lake Pontoon Bridge and the Black Bayou Pontoon Bridge be closed to marine navigation from the hours of 6:30 a.m. to 8:00 a.m. and 5:00 p.m. to 6:00 p.m., Monday through Friday, each week.

(10) Advised that the Lorrain Bridge Association will hold a “Lorrain Bridge Opening Dedication” on Sunday, June 13, 2004, from 10:00 a.m. to 2:00 p.m.

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

As a result of approval of all recommendations of the Public Works Committee as outlined heretofore, the following resolutions and ordinance were adopted:

RESOLUTION

WHEREAS, Lash Stevens, Momentum Resources, Inc. subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as Dominion Ranch Subdivision, a subdivision in Section 10, Township 11 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 D. W. Jessen, Jr., Registered Land Surveyor No. 4646, 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 June 4, 2004, bearing File No. 2674732.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of June, 2004, that it does hereby officially accept the plat of Dominion Ranch Subdivision in Ward Three of Calcasieu Parish, Louisiana, including Saucier Road located within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of June, 2004, that it does hereby authorize the Director of the Parish Division of Planning and Development and the Calcasieu Parish Clerk of Court to file the plat of Dunn Ferry Subdivision located off of North West Fork Road in Ward One in Section 28, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana, in the records of the Calcasieu Parish Clerk of Court, for the sole purpose of meeting the legal recording requirements, bearing File No. 2679750.

BE IT FURTHER RESOLVED that the recordation of the survey shall not be construed to mean that the Police Jury and/or Parish Planning and Zoning Board or anyone acting on their behalf has accepted and/or approved the streets, roads, drainage system, or any facilities in the subject survey.

BE IT FURTHER RESOLVED that said streets, roads, and drainage system on the aforementioned plat have not been and are not hereby approved in accordance with parish ordinances and regulations, and are solely private in nature.

BE IT FURTHER AND FINALLY RESOLVED that a certified copy of this resolution shall be filed in the office of the Calcasieu Parish Clerk of Court and reference shall be made to same on the plat to be recorded.

THUS DONE AND PASSED on the date above inscribed.

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

ORDINANCE NO. 4759

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a 50 mph speed limits on Hungerford Road in Ward Eight 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. 17-68.1, Fifty miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Hungerford Road, in Ward 8

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

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

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

BE IT FURTHER AND FINALLY ORDAINED that the provisions of this ordinance shall be included and incorporated in the Code of Ordinances as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

This ordinance was adopted on the 3^rd day of June, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 3^rd day of June, 2004, that it does hereby approve a Traffic Maintenance Agreement between the Police Jury and the City of Lake Charles wherein the City will maintain and operate traffic signals at the intersections of Nelson and Gauthier Roads and Nelson and Ham Reid Roads located in the unincorporated area of Calcasieu Parish.

BE IT FURTHER RESOLVED that the Police Jury will reimburse the City on a semi-annual basis for maintenance costs on each approved traffic signal installation (two intersections) at the rate of $1,345.00 per signalized intersection per year.

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

THUS DONE AND PASSED on the date above inscribed.

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

President Clement advised that action was needed on a request by Dolan Real Estate Corporation, representing Mr. Lee Marsalise, to provide additional information to obtain Corps of Engineers’ approval to develop approximately fifteen acres at the corner of High Hope Road and Broussard Road in Ward Six. President Clement noted that the Police Jury had adopted a resolution on April 22, 2004, objecting to the proposal of Lee Marsalise to develop this property.

Mr. Vickers advised that after the Police Jury had adopted the resolution of objection, some correspondence had been received from Mr. Del Dolan, representing Mr. Marsalise, which further clarified his proposal in hopes of obtaining a resolution of no objection to his request.

Mr. Vickers also advised that there had been some issues related to drainage in the area of the proposed development and that Mr. Dolan had clarified in his letter that there would be five tracts of land fronting Broussard Road, 200' x 519' each which would be approximately 2.83 acres in each tract, and two tracts of land fronting High Hope Road, 259' x 264' which would be approximately 1.75 acres in each tract.

Mr. Vickers further advised that there would be restrictions on the use of the lots, including one which would limit it to one single-family dwelling residence per lot. He pointed out that even though it was located in an agricultural area, there would be no apartments, duplexes, or mobile home park development, and no subdividing of any one tract would be permitted.

Mr. Vickers stated that the proposed restrictions were in the jurors’ packets and that he had received some additional information from Mr. Dolan on this date about which Mr. Dolan might want to address the Police Jury.

Mr. Del Dolan, 2021 East Napoleon Street, Sulphur, appeared before the Police Jury at this time and stated he had represented Mr. Marsalise for several years on different developments throughout the area and that they had been working for one year with the Corps of Engineers trying to get the seven tracts of land on fifteen acres approved for development. Mr. Dolan explained that after the Police Jury had adopted the resolution of objection, the Corps had asked him to try and get a letter from Mr. Vickers or the Planning and Zoning Board since they had not objected to the project, and then the Corps would issue its approval. Mr. Dolan pointed out that the property was “high, dry land” which had a gravity drainage ditch on the west side, as well as parish ditches on High Hope Road and Broussard Road, and that all property owners would be requested to gravitate the flow of water toward the ditches as much as possible to not cause any type of flooding.

Mr. Dolan stated that no commercial enterprising would be allowed on the lots and nothing would be allowed to negatively impact the value of the property. He stated there was a good demand for the lots and that the restrictions were good.

Motion was made by Mr. Manuel, seconded by Mr. Stevens and carried unanimously that the following resolution of no objection 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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Lee Marsalise to clear, grade, and place fill as necessary to build a residential subdivision. Approximately 7,312 cubic yards of clay material will be placed in wetlands. Approximately 5.4 acres of wetlands would be impacted through project implementation. Said project is located on the corner of High Hope Road and Broussard Road approximately .25 miles east of Louisiana Highway 27 near Sulphur in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development evaluated the proposal of Lee Marsalise 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 was no cause for objection to the permit application based strictly on parish ordinances and provisions, provided all necessary permits were obtained from the Parish Division of Planning and Development prior to commencement of the project; and

WHEREAS, objections were voiced at the regular meeting of the Calcasieu Parish Police Jury on April 22, 2004, relative to drainage problems in the area of the proposed development, more particularly, High Hope Road, Broussard Road, and Cassie Lane; and

WHEREAS, after hearing such objections, the Police Jury voted unanimously to issue a resolution of objection to the proposal of Lee Marsalise to develop a residential subdivision at the corner of High Hope Road and Broussard Road until such time as the current drainage problem is resolved and measures are taken to ensure that the proposed subdivision does not negatively impact the drainage in this area of the Parish and exacerbate the problem which already exists; and

WHEREAS, Mr. Del Dolan of Dolan Real Estate, Inc., representing Mr. Lee Marsalise, appeared before the Police Jury at its regular meeting on June 3, 2004, and presented proposed plans and restrictions regarding the sale of the proposed seven tracts of land consisting of a total of 15 acres more or less; and

WHEREAS, the members of the Police Jury were satisfied that if the property is developed and sold in accordance with the plans and restrictions as outlined by Mr. Dolan, the drainage in this area of the Parish will not be negatively impacted nor will the drainage problems which currently exist be exacerbated.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of June, 2004, that it does hereby indicate no objection to the proposal of Lee Marsalise to clear, grade, and place fill as necessary to build a residential subdivision. Approximately 7,312 cubic yards of clay material will be placed in wetlands. Said project is located on the corner of High Hope Road and Broussard Road approximately .25 miles east of Louisiana Highway 27 near Sulphur in Calcasieu Parish, Louisiana

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

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

THUS PASSED AND ADOPTED on the date above inscribed.

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It was moved by Mr. Manuel and seconded by Mr. Collins to authorize the Division of Planning and Development to perform a feasibility study to assess a penalty for violations as it pertained to residential, commercial, and industrial development, as cited in the Code of Ordinances of Calcasieu Parish, Louisiana, for failure to obtain permits, failure to adhere to the submitted site plan, exceeding the allowed square footage, etc.

Mr. Manuel stated that he had placed this item on the agenda because there had been instances of people filing a site plan for development of their property and after having the plan approved by the Planning and Zoning Board and/or Police Jury, they would construct something that varied from the plan. He further stated that there was really no mechanism in place that would require such changes to go back before the Planning and Zoning Board for review.

Mr. Manuel advised that he had “run down” two of these types of problems in the past year, and it was not easy to get things straightened out, i.e. after a concrete slab was poured, so he had asked Mr. Vickers to look into the situation and develop a system that would levy a fine against someone for not following their site plan so they would understand the seriousness of not doing so.

Mr. Andrepont asked how such a system would be policed, and Mr. Vickers stated it would be done through the inspections the Division of Planning and Development normally performed for plumbing, electrical, etc.

Mr. Andrepont stated that he had no problem with the suggestion but asked if a system of checks and balances was not already built in through the inspection process. Mr. Vickers explained that the problem, particularly for the Planning and Zoning Board, was when people did not follow their site plan and then wanted to come “after the fact” to the Board and obtain a variance. Mr. Vickers stated that in many cases in which a variance was granted, some type of penalty was warranted. He pointed out that some people had become very frustrated with these “after the fact” changes/variances.

Mr. Smith, legal counsel, advised that currently the ordinance provided a criminal penalty of $500 for violations, however, that had to go through the District Attorney’s office. He stated that the proposed system would set up civil penalties and a standard schedule of fines which could be assessed by the Division of Planning and Development instead of having to go through the District Attorney’s office and filing a criminal suit. Mr. Smith emphasized that it would not be as if Mr. Vickers would be acting as the “Lone Ranger” in these types of cases but instead, there would be an established schedule of penalties that would apply to various types of violations.

President Clement pointed out that a lot of times a person just did not know (the rules/regulations) and built a shed or outbuilding. He asked if the fine in such instances could be pro-rated. Mr. Vickers stated that he felt some discretion had to be built into the system for honest mistakes by a first-time home builder as opposed to a seasoned home contractor. He further stated that the Planning and Zoning Board should have some discretion in addressing these types of problems.

President Clement asked if the Board would determine the amount of the fine, and Mr. Vickers stated that while there would be a uniform fee schedule for penalties, the Board would need to take into account the circumstances as to what the applicant had done and have some flexibility to listen to those circumstances and perhaps not charge a penalty at all if they felt an honest mistake or first-time mistake had occurred.

In answer to a question by Mr. Stevens as to whether the Police Jury could force someone to pay the fine if they refused to do so, Mr. Smith stated that the system would consist of a schedule of fines for various violations with discretion on the part of the Planning and Zoning Board having been built into the system, but that if a fine was assessed, the Division of Planning and Development would notify the applicable person and if they did not pay, it would be up to him, as legal counsel, to file a civil suit for collection, as opposed to having the District Attorney’s office handling it as a criminal matter.

Mr. Manuel stated that there needed to be some emphasis on the importance of sticking to a site plan and gave an example of a dangerous corner in his district where someone had built a building almost on the road instead of where it was indicated on the site plan. He also stated that if a person knew there might be a fine for doing such a thing, they would follow the plan more closely. Mr. Manuel pointed out that he did not think anybody wanted to fine anybody anything and that all they were asking was for people to follow their site plans. He stated that the proposed system would give people an incentive to do so or to come back to the Division of Planning and Development to make changes. Mr. Manuel closed by saying there were a couple of dangerous situations where people did not follow their site plans and that this was an attempt to straighten out or prevent similar situations from occurring.

A vote was taken on the motion on the floor which was to authorize the Division of Planning and Development to perform a feasibility study to assess a penalty for violations as it pertained to residential, commercial, and industrial development, as cited in the Code of Ordinances of Calcasieu Parish, Louisiana, for failure to obtain permits, failure to adhere to the submitted site plan, exceeding the allowed square footage, etc. President Clement declared the motion as having carried unanimously.

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

ORDINANCE NO. 4760

AN ORDINANCE rescinding Ordinance No. 4256, adopted by the Police Jury on April 5, 2001, which ordered demolition of one manufactured home and one house on property located at Highway 1133 and described as: W ½ NW NE NW Sec 2.11.10, Less 300 ft N & S by 290.4 ft E & W in SW Cor; Carlyss area of Ward Four, Calcasieu Parish, Louisiana, and owned by Eugene Roy Vincent, et al.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of June, 2004, that it does hereby rescind Ordinance No. 4256, adopted by the Police Jury on April 5, 2001, which ordered demolition of one manufactured home and one house on property located at Highway 1133 and described as: W ½ NW NE NW Sec 2.11.10, Less 300 ft N & S by 290.4 ft E & W in SW Cor; Carlyss area of Ward Four, Calcasieu Parish, Louisiana, and owned by Eugene Roy Vincent, et al, since the manufactured home and the house has been removed.

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

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

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

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

It was moved by Mrs. Griffin, seconded by Mr. Kleckley 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 Citgo Petroleum Corporation to dredge to maintain navigation depths necessary to support tugboat traffic within an area fronting a marine gate. Approximately 250 cubic yards of accumulated bottom sediment would be removed annually. Dredged material would be placed on non-wetland areas situated within designated disposal sites along the Calcasieu River. Said project is located in the Calcasieu River, right descending bank, at a point approximately 29 miles above the mouth of the waterway, approximately 5 miles Southeasterly from Sulphur, in Calcasieu Parish, Louisiana; and

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

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 3^rd day of June, 2004, that it does hereby indicate no objection to the proposal of Citgo Petroleum Corporation to dredge to maintain navigation depths necessary to support tugboat traffic within an area fronting a marine gate. Approximately 250 cubic yards of accumulated bottom sediment would be removed annually. Dredged material would be placed on non-wetland areas situated within designated disposal sites along the Calcasieu River. Said project is located in the Calcasieu River, right descending bank, at a point approximately 29 miles above the mouth of the waterway, approximately 5 miles Southeasterly from Sulphur, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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

Upon motion made by Mr. Moon, which was duly seconded by Mr. Manuel and carried unanimously, the recommendations of the Director of the Division of Planning and Development were approved with reference to the Surplus Adjudicated Property Sale conducted on May 25, 2004, on the following cases:

AP03-098-03 (Dewey Street-vacant lots) (Police Jury District 2)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $5,500.00 of Helen Fay Lemalle be accepted.

AP03-125-03 (Corner of Lyons and Gieffers Streets) (Police Jury District 2)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $6,500.00 of Charles Tillman Woods be accepted.)

AP03-145-04 (Mill Street-parking lot) (Police Jury District 4)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $500.00 of James Nolton Frank be accepted.

AP03-150-04 (2416 Combre Boulevard) (Police Jury District 9)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $7,500.00 of Woodie Williams, Sr. be accepted.

AP06-151-04 (Corner of Virginia Lane and Route 66-vacant lot) (Police Jury District 11)

The Director of the Division of Planning and Development recommended that the highest offer in the amount of $13,000.00 of Lee Oscar Cannon be accepted.

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

ORDINANCE NO. 4761

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lots 13 and 14 Blk 2 Sub of South part of Prater Heirs; (AP03-098-03; Tax Assessment No. 811335); 2400 Block of Dewey Street-vacant lots in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Helen Fay Lemalle, her designated agent, or assignee for the consideration of $5,500.00 (five 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 $75.00.

WHEREAS, the Parish of Calcasieu owns property described as: Lots 13 and 14 Blk 2 Sub of South part of Prater Heirs; (AP03-098-03; Tax Assessment No. 811335); 2400 Block of Dewey Street-vacant lots in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

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

WHEREAS, a request has been received by the Division of Planning & Development from Ms. Helen Fay Lemalle, to purchase said property for the consideration of $5,500.00 (five thousand five hundred dollars) cash, at the time of sale; and

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

WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Ms. Helen Fay Lemalle, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 3^rd day of June, 2004, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lots 13 and 14 Blk 2 Sub of South part of Prater Heirs; (AP03-098-03; Tax Assessment No. 811335); 2400 Block of Dewey Street-vacant lots 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 Ms. Helen Fay Lemalle, her designated agent, or assignee for and in consideration of $5,500.00 (five 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 3^rd day of June, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4762

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com at SW Cor Blk 16, Nix Add E 50 ft N 125 ft etc; (AP03-125-03; Tax Assessment No. 609536); Corner of Lyons and Gieffers in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Charles Tillman Woods, his designated agent, or assignee for the consideration of $6,500.00 (six 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 $75.00.

WHEREAS, the Parish of Calcasieu owns property described as: Com at SW Cor Blk 16, Nix Add E 50 ft N 125 ft etc; (AP03-125-03; Tax Assessment No. 609536); Corner of Lyons and Gieffers 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. Charles Tillman Woods, to purchase said property for the consideration of $6,500.00 (six 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 Mr. Charles Tillman Woods, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Com at SW Cor Blk 16, Nix Add E 50 ft N 125 ft etc; (AP03-125-03; Tax Assessment No. 609536); Corner of Lyons and Gieffers 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. Charles Tillman Woods, his designated agent, or assignee for and in consideration of $6,500.00 (six 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:

(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 3^rd day of June, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4763

AN ORDINANCE authorizing the Police Jury to declare the property described as: 80% int in 40% int in com 120 ft N of NE Cor Lot 2 Guillory Sub S 150 ft W 60 ft etc; (AP03-145-04; Tax Assessment No. 870927); Mill Street-parking lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. James Nolton Frank, his designated agent, or assignee for the consideration of $500.00 (five 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: 80% int in 40% int in com 120 ft N of NE Cor Lot 2 Guillory Sub S 150 ft W 60 ft etc; (AP03-145-04; Tax Assessment No. 870927); Mill Street-parking 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. James Nolton Frank, to purchase said property for the consideration of $500.00 (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 Mr. James Nolton Frank, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: 80% int in 40% int in com 120 ft N of NE Cor Lot 2 Guillory Sub S 150 ft W 60 ft etc; (AP03-145-04; Tax Assessment No. 870927); Mill Street-parking 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. James Nolton Frank, his designated agent, or assignee for and in consideration of $500.00 (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:

(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 3^rd day of June, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4764

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 13 Blk 3 Hillcrest Sub; (AP03-150-04; Tax Assessment No. 348651); 2416 Combre Boulevard in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Woodie Williams, Sr., 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: Lot 13 Blk 3 Hillcrest Sub; (AP03-150-04; Tax Assessment No. 348651); 2416 Combre Boulevard 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. Woodie Williams, Sr., to purchase said property for the consideration of $7,500.00 (seven thousand five hundred dollars) cash, at the time of sale; and