December 2, 2004

Lake Charles, Louisiana

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

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

Absent: Mrs. Elizabeth Conway Griffin, and Charles S. Mackey, D.D.S. (recuperating from surgery)

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Jeff Cole of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Richard Gremillion, Director of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mrs. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.

President Clement called the meeting to order. The invocation was pronounced by his mother, Mrs. Doris Finnigan, which was followed by the Pledge of Allegiance led by President Clement. 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.

Mr. Gremillion presented the 2004 Volunteer Firefighter of the Year awards to the following persons, giving a brief biographical outline of each person: Mr. David Glenn Jackson – Ward One Fire Protection District No. One (Moss Bluff) (Chief Mark Degenhardt accepted the award on behalf of Mr. Jackson); Mr. Richard Brown, Sr. – Ward Three Fire Protection District No. Two (Cajun Country); Mr. Mark Smith – Ward Four Fire Protection District No. Two (Carlyss); Mr. Mike Estes (Ward Four Fire Protection District No. Three (Westlake); Mr. Ricky Ashworth – Ward Five Fire Protection District No. One (Starks); Mr. Chris Vice – Ward Seven Fire Protection District No. One (Vinton); and Mr. Charles “Buster” Johnson – Ward Eight Fire Protection District No. Two (LeBleu).

Mr. Gremillion then announced that Mr. Ricky Ashworth had been chosen as Firefighter of the Year and presented Mr. Ashworth with a plaque. Mr. Ashworth received a standing ovation, and he stated that it was an honor to be selected and an honor to serve his community.

President Clement thanked all the men and women who served as volunteer firefighters throughout the Parish and most particularly, the recipients of the Volunteer Firefighter of the Year awards.

Mrs. Treme expressed her pride in Mr. Ashworth and the Ward Five Fire Department, as well as all the fire departments in the Parish. She explained that the Starks (Ward Five) Fire Department had been doing the best they could in a makeshift metal building until the voters passed a millage to support fire protection in the District and that the department had just built its third new fire station in Big Woods, making it a first-class operation. Mrs. Treme expressed her gratitude for the riverboat funding and other funding from the Police Jury which had helped the department fill some of its equipment needs. She pointed out this was money that was truly going back into the community and making a positive difference.

Mr. Manuel expressed his appreciation for the work of the volunteer firefighters and stated that without them, most of the Ward One community would not have adequate fire protection. Mr. Manuel also stated that he had never met a more dedicated group of individuals than firefighters, especially the volunteers.

Upon motion made by Mr. Stelly, which was duly seconded by Mr. McMillin and carried unanimously, the following applications for liquor and beer permits were approved:

WARD I

Boskeez’s Grill, LLC

Tommy Brown - Member

BOSKEEZ GRILL

4185 Hwy. 171 North

Lake Charles, LA 70611 Beer - ‘2005 35.00

(Don Manuel’s District)

WARD III

J. Wesley Restaurant, LLC

John C. Guidry - Member

J. WESLEY RESTAURANT

5501 Hwy. 90 East

Lake Charles, LA 70615 Beer - ‘2005 35.00

(Calvin Collins’ District)

WARD IV

Samantha Diane Istre d/b/a

SAM’S COVE

3609 Davis Road

Westlake, LA 70669 Liquor & Beer - ‘2005 135.00

(Hal McMillin’s District)

WARD VII

Circle A Mini Mart, Inc.

Kia Ty Huynh - Pres.

CIRCLE A MINI MART

1869 Hwy. 109 South

Vinton, LA 70668 Liquor & Beer - Pkg. - ‘2005 93.75

(Brent Clement’s District)

TOTAL REMITTANCE: $298.75

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

It was moved by Mr. Andrepont, seconded by Mr. Collins and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated November 4, 2004.

Upon motion made by Mr. Landry, which was duly seconded by Mr. Moon and carried unanimously, the Agenda Committee Report dated November 23, 2004, was approved as follows:

AGENDA COMMITTEE REPORT

November 23, 2004

A meeting of the Agenda Committee was held on Thursday, November 23, 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. Kevin Guidry, Mr. Chuck Kleckley, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandra J. Treme

Absent: Mr. Tony Guillory

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Jerry Milner, Mr. Claude Smart, 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 December 2, 2004.

Following review of the items to be considered by the Police Jury on December 2^nd, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the addition of the following item:

Consideration of adopting a resolution amending and supplementing a resolution previously adopted on October 21, 2004, approving the issuance, sale and delivery by the Calcasieu Parish Public Trust Authority of $1,500,000 industrial revenue bonds (Racca’s Processing and Specialty Meats, L.L.C. Project), Series 2004.

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. Manuel, seconded by Mrs. Treme and carried unanimously that the Public Works Committee Report dated November 23, 2004, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

November 23, 2004

______________________________________

A meeting of the Public Works Committee was held on Thursday, November 23, 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. Kevin Guidry, Mr. Chuck Kleckley, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandra J. Treme

Absent: Mr. Tony Guillory

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

Said Committee:

(1) Received and opened the following bids for additions to Intracoastal Park (open-air pavilion, playground improvements, and public restrooms) as advertised in accordance with law for action to be taken at 5:30 p.m.:

Bidder Base Bid Alternate

Lewing Construction Company, Inc. $431,373.00 $12,800.00

Priola Construction Corporation $378,000.00 $11,000.00

H D Truck & Tractor, LLC $434,232.00 $10,291.00

(2) Recommended that a resolution be adopted accepting Pentangeli Square Subdivision (Phase 1C) located in Section 25, Township 8 South, Range 9 West, off of North Perkins Ferry Road and Coffey Road in Ward One. (Police Jury District 1)

(3) Recommended that a resolution be adopted accepting C. Wait Estates Subdivision (Phase 4) located in Sections 26 and 27, Township 9 South, Range 7 West, off of Packing House Road in Ward Eight. (Police Jury District 10)

(4) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to establishing speed limits on the following roads in Wards One and Four:

• 55 mph on Clyde Dulaney Drive in Ward One (Police Jury District 1);

• 55 mph on Bellon Road in Ward One (Police Jury District 1); and

• 30 mph on Ravia Road, between Beglis Parkway and Areno Road, in Ward Four (Police Jury District 15).

(5) Recommended that the Code of Ordinances of Calcasieu Parish, Louisiana be amended to increase the current idle speed/no wake zone beginning at the mouth of Olsen Bayou at Moss Lake (Lateral W-36) and continuing inland to Bright Ditch. (President Clement) Mr. Larry Mouton of Carlyss and Mr. Luke Dartez, 908 Henning Drive, Carlyss, appeared before the Committee in favor of this amendment to the Code of Ordinances.

NOTE: the current ordinance provides an idle speed/no wake zone of 600’ in this location.

(6) Recommended that the Code of Ordinances of Calcasieu Parish, Louisiana be amended with reference to Chapter 18, Article VIII. Disturbing the Peace, Sec. 18-100. Specific Prohibitions, to add a paragraph prohibiting excessive, raucous, jarring or unreasonably loud noise within residential neighborhoods.

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

It was moved by Mrs. Treme, seconded by Mr. Moon and carried unanimously to approve Recommendation No. 1 of the Public Works Committee as previously set forth, as well as the recommendation of the Project Architect, and that the base bid in the amount of $378,000.00 and the alternate bid in the amount of $11,000.00 of Priola Construction Corporation be accepted for additions to Intracoastal Park (open-air pavilion, playground improvements, and public restrooms), said bids having been received by the Public Works Committee on November 23, 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 said project.

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

RESOLUTION

WHEREAS, Priola Development Investment Corporation, subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Pentangeli Square Phase 1C, a subdivision in Section 25, Township 8 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 James H. Knapp, Registered Land Surveyor No. 4468, 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 will be filed for record in the Office of the Clerk of Court on December 15, 2004, and will bear File No. 2698600.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of December, 2004, that it does hereby officially accept the plat of Pentangeli Square Phase 1C in Ward One of Calcasieu Parish, Louisiana, including West Gabriel Square and West Rapheal Square, located within said subdivision, for future maintenance by the Parish.

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

Motion was made by Mr. Manuel, seconded by Mr. Moon and carried unanimously that Recommendation Nos. 3 through 6 (both inclusive) of the Public Works Committee be approved as outlined heretofore; whereupon, the following resolution and ordinances were adopted:

RESOLUTION

WHEREAS, Cassie Marie Featherston, President, subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as C. Wait Estates Subdivision Phase 4, a subdivision in Section 26 and 27, Township 9 South, Range 7 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision plat was prepared by George A. Evans, Jr., Registered Land Surveyor No. 4750, 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 will be filed for record in the Office of the Clerk of Court on December 6, 2004, and will bear File No. 2697384.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of December, 2004, that it does hereby officially accept the plat of C. Wait Estates Subdivision Phase 4 in Ward Eight of Calcasieu Parish, Louisiana, including Effie Nina Way, Florence Circle, and Emma Jane Lane, located within said subdivision, for future maintenance by the Parish.

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

ORDINANCE NO. 4842

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to amend the speed limit on various roads in Ward One and Four of Calcasieu Parish.

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

SECTION I. Sec. 17-67, Forty miles per hour, of the Code of Ordinances is amended by removing the following road from the provisions of said section:

- Ravia Road, from Beglis Parkway to Areno Road, in Ward Four

SECTION II. Sec. 17-65, Thirty miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

- Ravia Road, between Beglis Parkway and Areno Road, in Ward 4

SECTION III. Sec. 17-68.2, Fifty-five miles per hour, of the Code of Ordinances is amended by including the following roads in the provisions of said section:

- Paul Bellon Road in Ward 1

- Clyde Dulaney Drive in Ward 1

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

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

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

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

This ordinance was adopted on the 2^nd day of December, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4843

AN ORDINANCE amending Sec. 20-156 of Chapter 20 of the Code of Ordinances of Calcasieu Parish, Louisiana, to amend the “idle speed/no wake zone” at Olsen Bayou at Moss Lake (Lateral W-36).

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of December, 2004, that it does hereby amend Chapter 20 - Recreation, Article III. Boats and Boat Launch Areas, Division 1. Generally, Sec. 20-156, of the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Sec. 20-156 (l) is amended to read in its entirety as follows:

(l)Olsen Bayou at Moss Lake (Lateral W-36). There is hereby established an idle speed/no wake zone beginning at the mouth of Olsen Bayou at Moss Lake (Lateral W-36) and continuing inland a distance of 11,500 feet to Bright Ditch. Signs shall be erected to warn the operators of watercraft or motor-propelled marine craft of the idle speed/no wake zone established herein.

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

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

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

THUS PASSED AND ADOPTED on this, the 2^nd day of December, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 4844

AN ORDINANCE amending Chapter 18 - Offenses and Miscellaneous Law Enforcement Provisions, Sec. 18-100. Specific Prohibitions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to add a paragraph prohibiting excessive, raucous, jarring or unreasonably loud noise within residential neighborhoods.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 2^nd day of December, 2004, that it does hereby amend Chapter 18 - Offenses and Miscellaneous Law Enforcement Provisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION I. Sec. 18-100. Specific prohibitions., is amended to include the following paragraph as subsection (9) as follows:

(9)Residential neighborhood. The operating or playing of any radio, musical instrument, loud speaker, sound amplifier, television, phonograph, or similar device which produces or reproduces sound in such a manner so as to produce an excessive, raucous, jarring, or unreasonably loud noise plainly audible beyond the property boundaries of the property from which the noise emanates so as to disturb or interfere with the peace and good order of persons within the area of audibility.

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

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

THUS PASSED AND ADOPTED on this, the 2^nd day of December, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Parish Secretary

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Following a brief report by Mr. Danahay, Chairman of the Budget Committee, motion was made by Mr. Andrepont, seconded by Mr. Collins and carried unanimously that the Budget Committee Report dated December 2, 2004, and all recommendations contained therein, be approved as follows:

BUDGET COMMITTEE REPORT

December 2, 2004

______________________________

A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, December 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, Mr. Chuck Kleckley, Mrs. Sandy Treme, and President Brent Clement, Ex-Officio

Absent: Mrs. Elizabeth Conway Griffin, and Charles S. Mackey, D.D.S. (recuperating from surgery)

Also present were Police Jurors Tony Guillory, Hal McMillin, and Tony Stelly, as well as staff members Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, and Mrs. Kathy P. Smith, and Mr. Jeff Cole of the firm of Plauche, Smith and Nieset, General Counsel.

Said Committee:

(1) Held a public hearing at 5:00 p.m., as advertised in accordance with law, for the purpose of receiving public input on the proposed budget for Fiscal Year 2005. No comments were received from the public, and the Committee recommended that the budget be approved as presented by the staff and adopted by the Police Jury at its Regular Meeting on December 16, 2004.

(2) Recommended approval of providing a grant in the amount of $4,000 under the terms of a Cooperative Endeavor Agreement with CareHelp of Sulphur for assistance in their Christmas-giving programs to the needy in the community with said funding coming from the Delta Downs Slots Revenue allocated to Ward Four ($2,000 - District 12 and $2,000 - District 15.

(3) Recommended approval of funding in an amount not exceeding $2,500 from the Delta Downs Slots Revenue allocated to Ward Two for improvements to the Ward Two Fire Protection District No. One fire station.

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

Following a brief report by Mr. Kleckley, Chairman of the General Insurance Committee, motion was made by Mr. Moon, seconded by Mr. Manuel and carried unanimously that the General Insurance Committee Report dated December 2, 2004, and all recommendations contained therein, be approved as follows:

GENERAL INSURANCE COMMITTEE REPORT

December 2, 2004

A meeting of the General Insurance Committee was held at 4:30 p.m. on Thursday, December 2, 2004, in the Police Jury Meeting Room of the Parish Government Building, located at 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Chuck Kleckley, Chairman, presiding and the following members present:

Mr. Cornelius Moon, Vice-Chairman, Mr. Francis Andrepont, Mr. Mike Danahay, and Mr. Tony Stelly

Absent: Mrs. Elizabeth Conway Griffin

Also present were Police Juror Tony Guillory, Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Jerry Milner, Mr. Claude Smart, and Mrs. Kathy P. Smith.

Said Committee:

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

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

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

• approve the staff’s hiring of Gallagher, a national insurance consulting firm, to assist in the contracting and administration of the insurance program for an annual fee of $38,100.

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

With respect to the foregoing, Mr. Kleckley pointed out that there had been a spike in health insurance claims during the year 2004 but that it was not necessarily unforeseen. He also pointed out that the monthly rate increases for the year 2005 were nominal, with no increase in dependent coverage, and this was good news considering the fact that the amount paid by the Police Jury for employee coverage had risen by 57.5% over the past ten years. Mr. Kleckley advised that there were 851 employees insured under the Parish’s self-insured program and that the bottom line was the fund balance was still in excellent shape. He stated that it had been a good move by the Parish to “step out of the box” several years ago when the program became self-insured in that this saved the employees’ and the taxpayers’ money.

In response to Mr. Kleckley’s request, Mr. Milner reported that the Port of Lake Charles’ employees insurance program (which had joined the Parish’s health insurance program) had experienced a very good year and that the Port had a fund balance of approximately $850,000 which would help them offset any unexpected claims.

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Moon and carried unanimously, the following resolution was 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 L & M Traffic, Inc. to install and maintain 500-linear feet of steel bulkhead, dredge approximately 1,000 cubic yards of water bottom, and place behind the proposed bulkhead along with 1,518 cubic yards of limestone aggregate, also place 160 cubic yards of rip-rap in front of the bulkhead, and deposit approximately 2,100 cubic yards of concrete all to improve docking facilities and construct a loading platform. Project implementation will impact approximately 0.40 acres of water bottoms. Said project is located at 400 North Kirkman, in Lake Charles, Louisiana, in Calcasieu Parish; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of L & M Traffic, Inc. 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 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 December, 2004, that it does hereby indicate no objection to the proposal of L & M Traffic, Inc. to clear, grub, grade, and place fill, as necessary, to construct a retail building materials store and parking lot and dredge a stormwater retention pond for drainage improvements. Approximately 5,502 cubic yards of native earthen material, 5,524 cubic yards of hauled-in clays and silts, and 3,776 cubic yards of limestone aggregate will be deposited in wetlands, as required to construct the proposed facility. Project implementation will impact approximately 5.146 acres of which 0.90 acres have been identified as jurisdictional wetlands. Said project is located off Nelson Road, 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 Mr. Manuel, seconded by Mr. McMillin and carried unanimously that the recommendation of the Director of the Division of Planning and Development be approved with reference to the Surplus Adjudicated Property Sale conducted on November 22, 2004, on the following cases, and further, that an ordinance be adopted with respect to each piece of property:

AP03-182-04 (between Louisiana Avenue and Burton Street-vacant lot) (Police Jury Dist. 5)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 by Gregory James Davis be accepted.]

AP03-185-04 (N. First Avenue-vacant lot) (Police Jury District 3)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $150.00 by Jacob Williams, Jr. be accepted.]

AP03-186-04 (Cherry Street-vacant lot) (Police Jury District 3)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount $41,000.00 by Ruthie M. Thomas be accepted.]

AP03-187-04 (N. Cherry 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 $5,700.00 by Ruthie M. Thomas be accepted.]

AP03-188-04 (S. Kirkman Street-vacant lots) (Police Jury District 3)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $7,500.00 by Henry Brown be accepted.]

AP03-189-04 (Brooks Street-vacant lots) (Police Jury District 3)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $6,500.00 by Ruthie M. Thomas be accepted.]

AP03-190-04 (N. Goss Street-vacant lots) (Police Jury District 2)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,500.00 by Antionette Faye Colquitt be accepted.]

AP04-184-04 (Royal Oak Lane-vacant lot) (Police Jury District 15)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $7,000.00 by Eddie Langley be accepted.]

AP06-183-04 (Peggy Lane-vacant lots) (Police Jury District 11)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $12,000.00 by Paula Gail Richmond be accepted.]

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

ORDINANCE NO. 4845

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 20 ft W of NE Cor S/2 E/2 SE SW 8.10.8, th W 400 ft, to E/L of Bank St, S 17.5 ft etc.; (AP03-182-04; Tax Assessment No. 1263854.01); between Louisiana Avenue and Burton Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Gregory James Davis, 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: Com 20 ft W of NE Cor S/2 E/2 SE SW 8.10.8, th W 400 ft, to E/L of Bank St, S 17.5 ft etc.; (AP03-182-04; Tax Assessment No. 1263854.01); between Louisiana Avenue and Burton 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. Gregory James Davis, 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. Gregory James Davis, 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 December, 2004, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Com 20 ft W of NE Cor S/2 E/2 SE SW 8.10.8, th W 400 ft, to E/L of Bank St, S 17.5 ft etc.; (AP03-182-04; Tax Assessment No. 1263854.01); between Louisiana Avenue and Burton 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. Gregory James Davis, 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:

(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 December, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4846

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 7 Blk 9 George and Swift Sub of Blk 9, 10; (AP03-185-04; Tax Assessment No. 583448); 200 Block of N. First Avenue - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Jacob Williams, Jr., his designated agent, or assignee for the consideration of $150.00 (one 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 7 Blk 9 George and Swift Sub of Blk 9, 10; (AP03-185-04; Tax Assessment No. 583448); 200 Block of N. First Avenue - 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. Jacob Williams, Jr., to purchase said property for the consideration of $150.00 (one 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. Jacob Williams, Jr., for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Lot 7 Blk 9 George and Swift Sub of Blk 9, 10; (AP03-185-04; Tax Assessment No. 583448); 200 Block of N. First Avenue - 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. Jacob Williams, Jr., his designated agent, or assignee for and in consideration of $150.00 (one 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 December, 2004.

/s/ Brent Clement, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4847

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 6 Blk 2 Stone Sub of Mansfield Sub lots 1,2,3,4,10 Charles Clerc Sub of S ½ Blk 6 Mansfield Sub E 100 ft lots 11,12,13 Clerc Sub of S ½ Blk 6 Mansfield Sub; (AP03-186-04; Tax Assessment No. 442356); 800 Block of Cherry Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Ruthie M. Thomas, her designated agent, or assignee for the consideration of $41,000.00 (forty-one thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lot 6 Blk 2 Stone Sub of Mansfield Sub lots 1,2,3,4,10 Charles Clerc Sub of S ½ Blk 6 Mansfield Sub E 100 ft lots 11,12,13 Clerc Sub of S ½ Blk 6 Mansfield Sub; (AP03-186-04; Tax Assessment No. 442356); 800 Block of 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 Ms. Ruthie M. Thomas, to purchase said property for the consideration of $41,000.00 (forty-one thousand dollars) cash, at the time of sale; and

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

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

NOW, THEREFORE,

Section 1. The property described as: Lot 6 Blk 2 Stone Sub of Mansfield Sub lots 1,2,3,4,10 Charles Clerc Sub of S ½ Blk 6 Mansfield Sub E 100 ft lots 11,12,13 Clerc Sub of S ½ Blk 6 Mansfield Sub; (AP03-186-04; Tax Assessment No. 442356); 800 Block of 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 Ms. Ruthie M. Thomas, her designated agent, or assignee for and in consideration of $41,000.00 (forty-one thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

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

This ordinance was adopted on the 2^nd day of December, 2004.

/s/ Brent Clement, President