September 2, 2004

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, September 2, 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:

Mesdames Elizabeth Conway Griffin and Sandra J. Treme; and Messrs. Francis Andrepont, Calvin Collins, Mike Danahay, Tony Guillory, Chuck Kleckley, Chris Landry, Don Manuel, Hal McMillin, Cornie Moon, Tony Stelly, and Alvin Stevens

Absent: Charles S. Mackey, D.D.S.

Also present were Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Emergency Preparedness and Homeland Security; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Jeff Cole 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 Mr. Moon 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 no action was necessary on applications for liquor and beer permits due to the fact that no applications had been submitted.

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

It was moved by Mr. Manuel, seconded by Mr. Collins and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated August 5, 2004.

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

AGENDA COMMITTEE REPORT

August 26, 2004

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

Absent: None

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Claude Smart, Mr. Ed McGuire, Mrs. Kathy P. Smith, Mr. Gerry Trahan, 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 September 2, 2004.

Following review of the items to be considered by the Police Jury on September 2^nd, 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.

[A notice of public meeting was included on the agenda for the Agenda Committee which read as follows: “A public hearing relative to the levy of ad valorem tax millages within Calcasieu Parish will be held on Thursday, September 2, 2004, at 5:30 p.m., in the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, as provided for by the agenda as follows” (with a copy of the proposed agenda set forth in its entirety).]

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

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

PUBLIC WORKS COMMITTEE REPORT

August 26, 2004

______________________________________

A meeting of the Public Works Committee was held on Thursday, August 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. 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. Cornie Moon, Mr. Tony Stelly, Mr. Alvin Stevens, and Mrs. Sandra J. Treme

Absent: None

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

Said Committee:

(1) Received and opened the following bids for Calcasieu Parish Project No. 2004-08 (Installation of Side Drain Safety End Treatment on Various Roads in Calcasieu Parish, Louisiana), as advertised in accordance with law for action to be taken at 5:30 p.m.:

Bessette Development $699,148.00

Civil Construction Company & Environmental Services, Inc. $851,770.00

Hicks Pedersen Construction, Inc. $871,435.00

James Construction Group, LLC $1,036,697.00

McManus Construction, Inc. $940,510.00

(The Parish Engineer recommended at the Regular Meeting on September 2, 2004, that the low bid in the amount of $699,148.00 of Bessette Development be accepted.)

(2) Received a presentation by Mr. Ralph Lewing, a member of the Board of Commissioners of Recreation District No. One of Ward Three, with reference to the District’s upcoming tax proposal on the ballot on September 18, 2004. The Committee recommended that a resolution be adopted supporting the tax proposal.

(3) Received a presentation by Mr. Don Elfert, 2414 19th Street, Lake Charles, of Southwest Louisiana Team Green on a new initiative called Neighborhood Pride affiliated with the Keep America Beautiful program. The consensus of the Committee was that Mr. David Robinson of the Division of Planning and Development meet with Mr. Elfert to see how this initiative could be integrated into the Parish’s litter abatement efforts and for Mr. Robinson to report back to the Public Works Committee regarding this matter.

(4) Recommended that the President of the Police Jury be authorized to execute the necessary documentation for acquisition of right of way from Iva Perry on Pine Forest Road in Ward Six, in accordance with criteria established by the Police Jury and recommendation of the Parish Engineer. (Police Jury District 11)

(5) Recommended approval of a Joint Services Agreement between the Police Jury and Ward Four Fire Protection District No. Three (Westlake) to provide and haul approximately 400 yards of dirt to the District’s substation located on Old Spanish Trail, with the Police Jury being reimbursed for labor, material, and fuel at an estimated cost of $2,264.80. (Police Jury District 14)

(6) Recommended that Calcasieu Parish Project No. 1999-07 (Nelson Road) be accepted as substantially complete.

(7) Recommended that the Parish Administrator be authorized to advertise for bids for construction of a new pavilion and restrooms at Intracoastal Park. (Police Jury District 12)

(8) Recommended that the Parish Purchasing Agent be authorized to advertise for bids for one (1) sewer discharge treatment system to be used at the East Maintenance Public Works Facility.

(9) Recommended that the Parish Administrator be authorized to advertise for bids for construction of the West Maintenance Facility.

(10) Various members of the Committee expressed their sympathy and personal comments relative to the recent death of Mayor L. A. “Buddy” Henagan of the City of DeQuincy.

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

It was moved by Mrs. Griffin, seconded by Mr. Stelly and carried unanimously to approve Recommendation No. 1 of the Public Works Committee as outlined heretofore, as well as the recommendation of the Parish Engineer; whereupon, the low bid in the amount of $699,148.00 of Bessette Development was accepted for Calcasieu Parish Project No. 2004-08 (Installation of Side Drain Safety End Treatment on Various Roads in Calcasieu Parish, Louisiana), said bids having been received by the Police Jury at the Public Works Meeting on August 26, 2004, and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2004-08.

Upon motion made by Mr. Kleckley, which was duly seconded by Mr. Landry and carried unanimously, Recommendation No. 2 of the Public Works Committee was approved; whereupon, the following resolution was adopted:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of September, 2004, that it does hereby support the following tax proposals which will be submitted to qualified voters of Recreation District No. One of Ward Three on the September 18, 2004 election ballot:

BOND PROPOSITION

SUMMARY: AUTHORITY FOR RECREATION DISTRICT NO. ONE OF WARD THREE OF CALCASIEU PARISH, LOUISIANA, TO ISSUE NOT EXCEEDING $9,000,000 OF UP TO 10-YEAR PUBLIC IMPROVEMENT BONDS FOR ACQUIRING, CONSTRUCTING AND IMPROVING PLAYGROUND AND RECREATIONAL FACILITIES WITHIN THE DISTRICT, TO BE PAYABLE FROM AD VALOREM TAXES.

Shall Recreation District No. One of Ward Three of Calcasieu Parish, Louisiana, incur debt and issue bonds in an amount not exceeding $9,000,000 for a period not to exceed ten (10) years from the date thereof, with interest at a rate not exceeding eight (8%) percent per annum, for the purpose of establishing, acquiring, constructing, improving, extending and maintaining within said District the recreational facilities for the benefit of all its citizens, with all necessary equipment and installations in connection therewith, title to which shall be in the public, which said bonds shall be retired with, paid from and secured by ad valorem taxes on all taxable property within the limits of Recreation District No. One of Ward Three of Calcasieu Parish, Louisiana, sufficient in rate and amount to pay said bonds in principal and interest as they respectively mature?

MAINTENANCE MILLAGE PROPOSITION

SUMMARY: AUTHORITY FOR RECREATION DISTRICT NO. ONE OF WARD THREE OF CALCASIEU PARISH, LOUISIANA, TO LEVY AND COLLECT A 10-YEAR MAINTENANCE TAX NOT EXCEEDING FOUR (4) MILLS FOR THE PURPOSE OF MAINTAINING AND OPERATING THE DISTRICT’S RECREATION FACILITIES.

Shall Recreation District No. One of Ward Three of Calcasieu Parish, Louisiana, levy and collect a tax not exceeding 4 mills for a period not to exceed ten (10) years beginning in 2005, in excess of and in addition to other taxes levied by the District, for the purpose of maintaining and operating recreation facilities, including both movable and immovable property, owned or used by the District, title to which shall be in the public?

THUS DONE AND PASSED on the date above inscribed.

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Motion was made by Mr. Manuel, seconded by Mr. Guillory and carried unanimously that Recommendation No. 3 of the Public Works Committee be approved.

It was moved by Mrs. Treme, seconded by Mrs. Griffin and carried unanimously to approve Recommendation No. 4 of the Public Works Committee.

Upon motion made by Mr. McMillin, which was duly seconded by Mr. Manuel and carried unanimously, Recommendation No. 5 of the Public Works Committee was approved.

Motion was made by Mr. Kleckley, seconded by Mr. Moon and carried unanimously that Recommendation No. 6 of the Public Works Committee be approved.

With respect to Recommendation No. 7 of the Public Works Committee, Mr. Beam asked that this recommendation also include authorization to advertise for construction of restrooms at White Oak Park. It was moved by Mrs. Griffin, seconded by Mr. Guillory and carried unanimously to approve Recommendation No. 7 of the Public Works Committee as outlined heretofore, including authorization to also advertise for construction of restrooms at White Oak Park.

It was moved by Mr. Manuel, seconded by Mr. Stevens and carried unanimously to approve Recommendation No. 8 of the Public Works Committee.

Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, Recommendation No. 9 of the Public Works Committee was approved.

Motion was made by Mrs. Treme, seconded by Mr. Guillory and carried unanimously that Recommendation No. 10 of the Public Works Committee be approved.

Upon motion made by Mr. Danahay, which was duly seconded by Mr. Stevens and carried unanimously, the Budget Committee Report dated September 2, 2004, and all recommendations contained therein, was approved as follows:

BUDGET COMMITTEE REPORT

September 2, 2004

______________________________

A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, September 2, 2004, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Mike Danahay, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mrs. Elizabeth Conway Griffin, Mr. Chuck Kleckley, Mrs. Sandy Treme, and President Brent Clement, Ex-Officio

Absent: Charles S. Mackey, D.D.S. (out-of-town)

Also present were Police Jurors Calvin Collins, Don Manuel and Tony Stelly, and Mr. Bryan Beam, Mrs. Tammy Bufkin, Mrs. Coleen Clark, Mrs. Kathy P. Smith, and Mr. Claude Smart.

Said Committee:

(1) Recommended approval of the following requests for funding from Delta Downs Slots Revenue allocated to the various wards as listed:

(1.1) Ward Four (Police Jury District 15) – $20,000 to be used as matching funds for a Joint Services Agreement between the Police Jury, the City of Sulphur, and Gravity Drainage District No. Five of Ward Four for the piping-in of Lee Street ditch;

(1.2) Ward Eight (Police Jury District 4 - $7,250 and Police Jury District 10 - $42,750) – $50,000 to Waterworks District No. Five of Wards Three and Eight to be used as a reserve for the purpose of extending waterlines southerly to the Manchester area and easterly down McCown Road to Boys Village Road; and

(1.3) Ward Eight (Police Jury District 10) – $1,500 to the Town of Iowa to be used for recreational needs related to league ball.

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It was moved by Mrs. Griffin, seconded by Mr. Collins 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 PNK Lake Charles, L. L. C. to clear, grub, and grade an area and deposit approximately 3,100 cubic yards of hauled-in clay and limestone aggregate fill in addition to 2,600 cubic yards of on-site graded material all as necessary to construct a 95 feet wide by 1,300 feet long access road and turnaround to the Pinnacle Casino & Resort. Project implementation would directly impact approximately 1.60 acres of jurisdictional wetlands. Said project is located off Nelson Road, north of Interstate 210, in Lake Charles, Louisiana in Calcasieu Parish; and

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

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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of September, 2004, that it does hereby indicate no objection to the proposal of PNK Lake Charles, L. L. C. to clear, grub, and grade an area and deposit approximately 3,100 cubic yards of hauled-in clay and limestone aggregate fill in addition to 2,600 cubic yards of on-site graded material all as necessary to construct a 95 feet wide by 1,300 feet long access road and turnaround to the Pinnacle Casino & Resort. Project implementation would directly impact approximately 1.60 acres of jurisdictional wetlands. Said project is located off Nelson Road, north of Interstate 210, in Lake Charles, Louisiana in Calcasieu Parish.

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

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

THUS PASSED AND ADOPTED on the date above inscribed.

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Motion was made by Mrs. Treme, seconded by Mr. Stevens 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, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Dale Dolan to clear, grade, excavate and place 6,520 yards of earthen fill as necessary to construct driveways, house pads, and utilities all to create a new four lot single family residential subdivision. The proposed project would directly impact 0.65 acres of jurisdictional wet pasture. Said project is located near the junction of Saunier Street and Interstate Highway 10, in the City of Sulphur, Louisiana in Calcasieu Parish; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of September, 2004, that it does hereby indicate no objection to the proposal of Dale Dolan to clear, grade, excavate and place 6,520 yards of earthen fill as necessary to construct driveways, house pads, and utilities all to create a new four lot single family residential subdivision. The proposed project would directly impact 0.65 acres of jurisdictional wet pasture. Said project is located near the junction of Saunier Street and Interstate Highway 10, in the City of Sulphur, Louisiana in Calcasieu Parish.

THUS PASSED AND ADOPTED on the date above inscribed.

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

It was moved by Mr. Guillory, seconded by Mrs. Griffin 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 August 24, 2004, on the following cases and to adopt an ordinance with respect to each piece of property:

AP03-157-04 (1701 Carver Street) (Police Jury District 4)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $20,000.00 by Henry Huey Jackson be accepted.

AP03-158-04 (N. Prater Street-vacant lot) (Police Jury District 3)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,800.00 by Rosalyn M. Simien be accepted.

AP03-159-04 (Calcasieu Street-vacant lot) (Police Jury District 3)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $350.00 by Mark Elliott Bauer be accepted.

AP03-160-04 (Calcasieu Street-vacant lot) (Police Jury District 3)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $800.00 by Rosalyn M. Simien be accepted.

AP03-161-04 (Craft Street-vacant lot) (Police Jury District 5)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $4,200.00 by Joseph Kennedy Cooper be accepted.

AP04-101-03 (Elm Street-vacant lot) (Police Jury District 13)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $400.00 by Our Lady of Prompt Succor be accepted.

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

ORDINANCE NO. 4787

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 1 Blk A Harlem Heights No 2; (AP03-157-04; Tax Assessment No. 368105); 1701 Carver Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Henry Huey Jackson, his designated agent, or assignee for the consideration of $20,000.00 (twenty thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $325.00 ($250 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lot 1 Blk A Harlem Heights No 2; (AP03-157-04; Tax Assessment No. 368105); 1701 Carver Street in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

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

WHEREAS, a request has been received by the Division of Planning & Development from Mr. Henry Huey Jackson, to purchase said property for the consideration of $20,000.00 (twenty thousand dollars) cash, at the time of sale; and

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

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

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 2^nd day of September, 2004, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lot 1 Blk A Harlem Heights No 2; (AP03-157-04; Tax Assessment No. 368105); 1701 Carver Street in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Henry Huey Jackson, his designated agent, or assignee for and in consideration of $20,000.00 (twenty thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

(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 2^nd day of September, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4788

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 100 ft from center of Opelousas St, on E side of Prater St, E 120 ft N 40 ft etc in SE SW 28.9.8; (AP03-158-04; Tax Assessment No. 399876); 400 Block of N. Prater Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Rosalyn M. Simien, her designated agent, or assignee for the consideration of $2,800.00 (two thousand eight 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: Com 100 ft from center of Opelousas St, on E side of Prater St, E 120 ft N 40 ft etc in SE SW 28.9.8; (AP03-158-04; Tax Assessment No. 399876); 400 Block of N. Prater 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 Ms. Rosalyn M. Simien, to purchase said property for the consideration of $2,800.00 (two thousand eight 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. Rosalyn M. Simien, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Com 100 ft from center of Opelousas St, on E side of Prater St, E 120 ft N 40 ft etc in SE SW 28.9.8; (AP03-158-04; Tax Assessment No. 399876); 400 Block of N. Prater 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 Ms. Rosalyn M. Simien, her designated agent, or assignee for and in consideration of $2,800.00 (two thousand eight 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 2^nd day of September, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4789

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 23 Katula Sub. less 30% int for 1981 Taxes; (AP03-159-04; Tax Assessment No. 539368); 200 Block of Calcasieu Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Mark Elliott Bauer, his designated agent, or assignee for the consideration of $350.00 (three 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: Lot 23 Katula Sub. less 30% int for 1981 Taxes; (AP03-159-04; Tax Assessment No. 539368); 200 Block of Calcasieu 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. Mark Elliott Bauer, to purchase said property for the consideration of $350.00 (three 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

NOW, THEREFORE,

Section 1. The property described as: Lot 23 Katula Sub. less 30% int for 1981 Taxes; (AP03-159-04; Tax Assessment No. 539368); 200 Block of Calcasieu 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. Mark Elliott Bauer, his designated agent, or assignee for and in consideration of $350.00 (three 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:

(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 2^nd day of September, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4790

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 41 Katula Sub.; (AP03-160-04; Tax Assessment No. 408387); 100 Block of Calcasieu Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Rosalyn M. Simien, her designated agent, or assignee for the consideration of $800.00 (eight 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 41 Katula Sub.; (AP03-160-04; Tax Assessment No. 408387); 100 Block of Calcasieu 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 Ms. Rosalyn M. Simien, to purchase said property for the consideration of $800.00 (eight 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. Rosalyn M. Simien, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Lot 41 Katula Sub.; (AP03-160-04; Tax Assessment No. 408387); 100 Block of Calcasieu 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 Ms. Rosalyn M. Simien, her designated agent, or assignee for and in consideration of $800.00 (eight 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 2^nd day of September, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4791

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 50 ft E of SW Cor Lot 1 Stone; (AP03-161-04; Tax Assessment No. 440655); 800 Block of Craft Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Joseph Kennedy Cooper, his designated agent, or assignee for the consideration of $4,200.00 (four 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: Com 50 ft E of SW Cor Lot 1 Stone; (AP03-161-04; Tax Assessment No. 440655); 800 Block of Craft 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 Kennedy Cooper, to purchase said property for the consideration of $4,200.00 (four 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: Com 50 ft E of SW Cor Lot 1 Stone; (AP03-161-04; Tax Assessment No. 440655); 800 Block of Craft 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 Kennedy Cooper, his designated agent, or assignee for and in consideration of $4,200.00 (four 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 2^nd day of September, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4792

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 111.4 ft W and 46.7 ft N of SE Cor Lot 22 Blk A George Lock Sub of N/2 SE and S/2 NE 34.9.10, th N 38 ft, W 111.4 ft etc.; (AP04-101-03; Tax Assessment No. 481963); 800 Block of Elm Street - vacant lot in rear of Our Lady of Prompt Succor in Ward Four, Sulphur, Louisiana, surplus property and to authorize the sale of said lot to Our Lady of Prompt Succor, its designated agent, or assignee for the consideration of $400.00 (four 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: Com 111.4 ft W and 46.7 ft N of SE Cor Lot 22 Blk A George Lock Sub of N/2 SE and S/2 NE 34.9.10, th N 38 ft, W 111.4 ft etc.; (AP04-101-03; Tax Assessment No. 481963); 800 Block of Elm Street - vacant lot in rear of Our Lady of Prompt Succor in Ward Four, 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 Our Lady of Prompt Succor, to purchase said property for the consideration of $400.00 (four 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 Our Lady of Prompt Succor, for the offered consideration.

NOW, THEREFORE,