December 16, 2004
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 16, 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 Messrs. Francis Andrepont, Calvin Collins, Mike Danahay, Kevin Guidry, Chuck Kleckley, Chris Landry, Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly
Absent: Mrs. Sandra J. Treme (attending Louisiana Police Jury Association Executive Board Meeting), Mr. Tony Guillory (out-of-town on business), 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; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Andy Johnson of the firm of Plauche, Smith and Nieset, General Counsel; 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 Mrs. Griffin, which was followed by the Pledge of Allegiance led by Mr. Manuel. 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 Prien Lake Park Improvements, Phase 1-A, Parking and Drives, and appropriate action would be taken thereon.
Mr. McMurry then proceeded to open the following bids:
McManus Construction, Inc. $789,989.00
Bessette Development $875,000.00
Simco Enterprises, Limited $887,500.00
Lewing Construction Company $929,000.00
F. Miller and Sons $936,000.00
Cypress General Contractors, Inc. $836,000.00
HD Truck and Tractor $972,000.00
There being no other bids, motion was made by Mrs. Griffin, seconded by Mr. Manuel and carried unanimously that the bids be referred to the project architect, Ellender Architects and Associates, LLC, for final tabulation.
President Clement advised that bids would be opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for construction of the Public Works West Maintenance Facility, and appropriate action would be taken thereon.
Mr. McMurry then proceeded to open the following bids:
Base Bid Alternate Bid (Deduct)
Bessette Development $4,350,000.00 $260,000.00
Lewing Construction Company $4,080,000.00 $312,400.00
Miller & Associates Development $4,039,000.00 $268,000.00
F. Miller & Sons, LLC $4,075,000.00 $275,000.00
Alfred Palma Incorporated $3,979,700.00 $265,000.00
Priola Construction Company $3,910,000.00 $265,000.00
There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. Moon and carried unanimously that the bids be referred to the project architect, H. Curtis Vincent - Steven D. Shows, Architects, A Professional Corporation, as well as the Division of Engineering and Public Works, for final tabulation.
President Clement presented a plaque to the Devall family of Devall Towing for said company’s efforts during the recent closure of the Ellender Bridge for necessary repairs after being struck by a barge. President Clement stated that Devall Towing ferried approximately 3500 people back and forth in the four and one-half day period the bridge was closed, with no compensation for labor, fuel or any other expenses. He pointed out that this was done 24 hours a day while the bridge was closed, and the company had refused any reimbursement of its expenses. President Clement stated that some of the best decisions were those made from the heart, and he felt Devall Towing exemplified the kind of company any community would be proud of.
President Clement also thanked the Calcasieu Parish Sheriff’s Department, the Public Works Department, the Facility Management Department, and the West Calcasieu Port, Harbor and Terminal District.
Mr. Devall received a standing ovation, and he expressed his appreciation for the plaque, as well as his appreciation to those whom President Clement previously mentioned.
Motion was made by Mr. McMillin, seconded by Mr. Moon and carried unanimously that the following applications for liquor and beer permits be approved:
WARD IV
Crown Petroeum, Inc.
Asia Bilal - Director
QUICK CHECK #9
3440 Hwy. 27 South
Sulphur, LA 70665 Liquor & Beer - Pkg. - ‘2005 93.75
(Brent Clement’s District)
S. Nelson, Inc.
Shane Nelson - Pres.
BIG REDS II *
861 East Houston River Road
Sulphur, LA 70663 Liquor & Beer - ‘2005 168.75
(Hal McMillin’s District)
* (Ordinance No. 4725 passed by Calcasieu Parish Police Jury in regular session on the 6th day of May, 2004 for a restricted liquor permit. No sales of hard liquor as defined by current state law.)
WARD VI
S. Nelson, Inc.
Shane Nelson - Pres.
BUCKIN’ BRONCO
1044 South Grand Avenue
DeQuincy, LA 70633 Liquor & Beer - ‘2005 168.75
(Sandy Treme’s District)
TOTAL REMITTANCE: $431.25
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Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Stelly and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated November 18, 2004, were approved, and the reading of same was dispensed with.
President Clement advised that action was needed on Zoning Case RZ01-039-04 which was a request by Tan K. Norwood to rezone from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow duplexes at 254 Gilmore and 282 Gilmore A & B in Ward One, Police Jury District 1. President Clement further advised that the Planning and Zoning Board had met on Tuesday, December 14, 2004, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that a six-foot wood privacy fence must be installed along the north property line within sixty days of zoning approval; and (3) that an enclosed dumpster must be provided for the duplexes.
Motion was made by Mr. Manuel, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to Zoning Case RZ01-039-04 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4854
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Tan K. Norwood to rezone from R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow duplexes on the property described as: Lots 7 and 8 of Ray T. Miller Subdivision, as per plat recorded in Plat Book 7 page 169.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 16th day of December, 2004, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward One of this parish:
From R-2 (Mixed Residential) to R-M (Multi Family Residential) to allow duplexes with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; 2) that a six foot wood privacy fence must be installed along the north property line within 60 days of zoning approval; and 3) that an enclosed dumpster must be provided for the duplexes, on the property described as: Lots 7 and 8 of Ray T. Miller Subdivision, as per plat recorded in Plat Book 7 page 169.
Zoning Case RZ01-039-04
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
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
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President Clement advised that action was needed on Zoning Case RZ01-038-04 which was a request by Ron A. and Maria A. Fogal to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (five manufactured homes) on Moss Lane in Ward One, Police Jury District 1. President Clement pointed out that action on this zoning case had been deferred for thirty days by the Planning and Zoning Board on November 16, 2004, and deferred by the Police Jury for thirty days on November 18, 2004. He further advised that the Planning and Zoning Board had met on Tuesday, December 14, 2004, and deferred action for thirty days to allow the petitioner time to revise his site plan.
It was moved by Mr. Manuel, seconded by Mr. McMillin and carried unanimously to defer action relative to Zoning Case RZ01-038-04 for thirty days.
Upon motion made by Mr. Manuel, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolutions were 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 JACAL Properties to clear, grade, and grub a 4.45 acre area, and deposit approximately 3,500 cubic yards of on-site, graded earthen material, and 1,300 cubic yards of clay and limestone aggregate all to construct a residential and farm equipment sales and service facility. Project implementation would impact approximately 1.4 acres of wetlands. Said project is located off of Highway 90, Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of JACAL Properties 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 16th day of December, 2004, that it does hereby indicate no objection to the proposal of JACAL Properties to clear, grade, and grub a 4.45 acre area, and deposit approximately 3,500 cubic yards of on-site, graded earthen material, and 1,300 cubic yards of clay and limestone aggregate all to construct a residential and farm equipment sales and service facility. Project implementation would impact approximately 1.4 acres of wetlands. Said project is located off of Highway 90, Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers 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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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 Calcasieu Refining Company to excavate approximately 24,862 cubic yards of native material and haul in approximately 3,501 cubic yards of sand and gravel for fill to construct three new petroleum tank complexes with six foot high protection levees, two parking areas, a 150 foot by 150 foot shop area, and a 20 foot by 20 foot tug fueling dock, all to increase production capacity of the existing refinery. Project implementation would impact approximately 4.0 acres of bottomland hardwood wetlands. Said project is located one-half mile east of the Calcasieu Ship Channel along the left descending bank of the Calcasieu River at the end of Tank Farm Road, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Calcasieu Refining Company 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 16th day of December, 2004, that it does hereby indicate no objection to the proposal of Calcasieu Refining Company to excavate approximately 24,862 cubic yards of native material and haul in approximately 3,501 cubic yards of sand and gravel for fill to construct three new petroleum tank complexes with six foot high protection levees, two parking areas, a 150 foot by 150 foot shop area, and a 20 foot by 20 foot tug fueling dock, all to increase production capacity of the existing refinery. Project implementation would impact approximately 4.0 acres of bottomland hardwood wetlands. Said project is located one-half mile east of the Calcasieu Ship Channel along the left descending bank of the Calcasieu River at the end of Tank Farm Road, 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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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 Chuck Bosley to clear, grade, excavate and place approximately 8,000 cubic yards of earthen fill and approximately 15,000 cubic yards of clay and limestone as necessary to construct driveways, house pads, and utilities all to creat a new 55 acre, 112 lot single family residential subdivision. Project implementation would directly impact 6.8 acres of jurisdictional bottomland hardwood wetlands. Said project is located approximately two miles south of Interstate Highway 210 near the junction of Lake Street and Country Club Road, in Lake Charles, Louisiana, in Calcasieu Parish; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Chuck Bosley 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 16th day of December, 2004, that it does hereby indicate no objection to the proposal of Chuck Bosley to clear, grade, excavate and place approximately 8,000 cubic yards of earthen fill and approximately 15,000 cubic yards of clay and limestone as necessary to construct driveways, house pads, and utilities all to creat a new 55 acre, 112 lot single family residential subdivision. Project implementation would directly impact 6.8 acres of jurisdictional bottomland hardwood wetlands. Said project is located approximately two miles south of Interstate Highway 210 near the junction of Lake Street and Country Club 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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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 Kenneth Parker to clear and grade a 20.4 acre tract and place approximately 1,100 cubic yards of on-site graded earthen material and 9,000 cubic yards of hauled in earth, all as necessary to construct a residential subdivision. Project implementation would impact approximately 1.95 acres of jurisdictional wetlands. Said project is located approximately five miles Southwesterly of Moss Bluff, along both sides of Louisiana Highway 378, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Kenneth Parker 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 16th day of December, 2004, that it does hereby indicate no objection to the proposal of Kenneth Parker to clear and grade a 20.4 acre tract and place approximately 1,100 cubic yards of on-site graded earthen material and 9,000 cubic yards of hauled in earth, all as necessary to construct a residential subdivision. Project implementation would impact approximately 1.95 acres of jurisdictional wetlands. Said project is located approximately five miles Southwesterly of Moss Bluff, along both sides of Louisiana Highway 378, 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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Motion was made by Mr. Danahay, seconded by Mr. McMillin and carried unanimously that the following recommendations of the Director of the Division of Planning and Development be approved in reference to the Surplus Adjudicated Property Sale conducted on December 14, 2004, on the following properties, and further, that an ordinance be adopted with respect to each piece of property:
AP03-191-04 (2520 Common Street) (Police Jury District 5)
The Director of the Division of Planning and Development recommended that the highest offer in the amount of $34,000 by Christopher Stills be accepted.
AP03-192-04 (Rose Street-vacant lot) (Police Jury District 4)
The Director of the Division of Planning and Development recommended that the highest offer in the amount of $2,500 by Lena Edwards be accepted.
AP04-193-04 (Guillory Road-vacant lot) (Police Jury District 14)
The Director of the Division of Planning and Development recommended that the highest offer in the amount $8,000 by Amy Elizabeth Richard be accepted.
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As a result of passage of the foregoing motion, the following ordinances were adopted.
ORDINANCE NO. 4855
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 9 Blk A Nelsonwood Sub; (AP03-191-04; Tax Assessment No. 320234); 2520 Common Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Christopher Stills, his designated agent, or assignee for the consideration of $34,000.00 (thirty four 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 9 Blk A Nelsonwood Sub; (AP03-191-04; Tax Assessment No. 320234); 2520 Common 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. Christopher Stills, to purchase said property for the consideration of $34,000.00 (thirty four 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. Christopher Stills, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 16th 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: Lot 9 Blk A Nelsonwood Sub; (AP03-191-04; Tax Assessment No. 320234); 2520 Common 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. Christopher Stills, his designated agent, or assignee for and in consideration of $34,000.00 (thirty four 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 16th day of December, 2004.
/s/ Brent Clement, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 4856
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 42 Blk 18 Oak Park #4; (AP03-192-04; Tax Assessment No. 329150); 2200 Block of Rose Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Lena Edwards, her designated agent, or assignee for the consideration of $2,500.00 (two 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 $225.00 ($150 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Lot 42 Blk 18 Oak Park #4; (AP03-192-04; Tax Assessment No. 329150); 2200 Block of Rose 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. Lena Edwards, to purchase said property for the consideration of $2,500.00 (two 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. Lena Edwards, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 16th 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: Lot 42 Blk 18 Oak Park #4; (AP03-192-04; Tax Assessment No. 329150); 2200 Block of Rose 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. Lena Edwards, her designated agent, or assignee for and in consideration of $2,500.00 (two 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 16th day of December, 2004.
/s/ Brent Clement, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 4857
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 12 Guillory Sub of NW SE 17.9.9; (AP04-193-04; Tax Assessment No. 142751.03); Guillory Road off Houston River Road - vacant lot in Ward Four, Westlake, Louisiana, surplus property and to authorize the sale of said lot to Ms. Amy Elizabeth Richard, her designated agent, or assignee for the consideration of $8,000.00 (eight 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 12 Guillory Sub of NW SE 17.9.9; (AP04-193-04; Tax Assessment No. 142751.03); Guillory Road off Houston River Road - vacant lot 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 Ms. Amy Elizabeth Richard, to purchase said property for the consideration of $8,000.00 (eight 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. Amy Elizabeth Richard, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 16th 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: Lot 12 Guillory Sub of NW SE 17.9.9; (AP04-193-04; Tax Assessment No. 142751.03); Guillory Road off Houston River Road - vacant lot in Ward Four, Westlake, 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. Amy Elizabeth Richard, her designated agent, or assignee for and in consideration of $8,000.00 (eight 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 16th day of December, 2004.
/s/ Brent Clement, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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Motion was made by Mr. Manuel, seconded by Mr. Landry and carried unanimously that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16th day of December, 2004, that it does hereby officially clarify the name of a public road located in Ward One as Paul Bellon Road.
THUS DONE AND PASSED on the date above inscribed.
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With reference to the foregoing resolution, it was noted that this road was sometimes referred to as Bellon Road and sometimes as Paul Bellon Road and that for the sake of consistency between parish departments, and for 911 purposes, the road name needed to be clarified.
It was moved by Mr. Danahay and seconded by Mrs. Griffin that a resolution be adopted to approve and adopt the Fiscal Year 2005 Budget in accordance with the Local Government Budget Act, in accordance with the public hearing held, and as a result of the recommendations of the Budget Committee on Thursday, December 2, 2004, and further, that a resolution be adopted amending the Fiscal Year 2004 Budget for those funds which deviate from estimated budgeted revenues and/or expenditures, in accordance with LSA—R.S. 39:1310.
Mr. Charlie Atherton, 122 Vine Street, Sulphur, appeared before the Police Jury with reference to this matter. He expressed appreciation to the staff and Police Jury for responsible and accountable budgeting but more so, for policies and procedures in the budget process which allowed the public to address the Police Jury regarding same. Mr. Atherton stated that he would like the Police Jury to identify a line item in the budget for construction of a parking garage. He advised that it was his understanding from previous discussions that only an additional 12 ½ feet of property would be needed to build a garage on the south lot, and he had gotten a verbal commitment from the City of Lake Charles to accommodate that through a closing of Gill Street from Lakeshore Drive to Pithon Street.
Mr. Atherton stated that parking was definitely a problem in and around the Courthouse and that on numerous occasions, he had seen elderly people have to park in the Civic Center parking lot, sometimes in bad weather, and walk quite a distance to get to the Parish Government Building.
Mr. Atherton presented a copy of a letter that was written by a group of citizens, including Mr. Atherton, which was published in the October 6, 1985, edition of “The Southwest Builder News” in opposition to a proposal by then-Sheriff Wayne McElveen for a one-half cent sales tax to build a new jail. The letter favored the Police Jury collecting such a tax, instead of the Sheriff, to (1) build a new jail, (2) renovate the courthouse, (3) solve all of the Parish’s solid waste problems, and (4) build a parking garage to solve the courthouse parking problem. Mr. Atherton stated that this letter had generated the establishment of a Blue Ribbon Committee which had made recommendations ultimately approved by the Police Jury and the electorate, and that the only thing that had not been accomplished on the foregoing list was the construction of the parking garage.
Mr. McMurry pointed out that since the 1985 letter, the Police Jury had negotiated with the City of Lake Charles for an additional 200 parking places at the Civic Center for use by people who had been called for jury duty and that if everybody called for jury duty would utilize those spaces, parking would not be as big a problem as it currently was.
Mr. McMurry further pointed out that the Police Jury actually had an architect take a look at both Police Jury parking lots and that one problem was the historic stable building on the bigger parking lot which took up a lot of space, said building currently being used by the Junior League. Mr. McMurry stated that preliminary plans had been drawn for a parking garage on the other Parish lot, and although long-term plans included building it, it would be a very expensive project. He estimated that within five years, the project would probably be in the Parish budget for construction.
Mr. Andrepont stated that a parking garage was definitely needed, discussions had been held about it, and that the Police Jury was heading in the right direction.
As a practical joke, and in keeping with the “spirit of Christmas giving”, Mr. Moon presented Mr. Atherton with a personalized, laminated “Request to Appear” form with a dry-erase marker.
A vote taken on the motion on the floor carried unanimously; whereupon, the following resolutions were adopted:
RESOLUTION
A RESOLUTION adopting the Fiscal Year 2005 Annual Budget of the Parish of Calcasieu, Louisiana, as submitted by the Parish Administrator and Staff.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in regular session convened on the 16th day of December, 2004, that:
Section 1. The Fiscal Year 2005 Annual Budget of the Parish of Calcasieu, Louisiana, as submitted by the Parish Administrator and Staff, is hereby adopted.
Section 2. Certification is hereby given that all actions required by the Local Government Budget Act have been completed in compliance with L.R.S. 39:1306.
Section 3. In accordance with L.R.S. 39:1304, the Parish Administrator is authorized to make changes within various budget classifications without approval of the governing authority.
THUS PASSED AND ADOPTED on this, the 16th day of December, 2004.
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|
GENERAL FUND |
|
|
|
|
Legislative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
$ 399,435 |
|
Coroner’s Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
506,885 |
|
City/Wards Judicial . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
629,294 |
|
Registrar of Voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
227,449 |
|
Facility Management . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
2,715,150 |
|
Facility Management - Magnolia Building . . . . . . . . . . . |
|
|
258,780 |
|
Creative Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
191,600 |
|
Weed & Grass Control . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
115,000 |
|
Calcasieu Government Channel Access. . . . . . . . . . . . . |
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