March 3, 2005

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, March 3, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Hal McMillin, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin, Mary Kaye Eason and Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Mike Danahay, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Cornie Moon, and Tony Stelly

Absent: None

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

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

President McMillin 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 McMillin advised that bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2005-02 (Overlaying of Various Roads in Calcasieu Parish, Louisiana). Mr. McMurry then proceeded to open the following bids:

Bessette Development $1,760,134.30

Prairie Contractors, Inc. $1,916,948.70

R. E. Heidt Construction Company, Inc. $1,681,000.33

There being no other bids submitted, motion was made by Mrs. Griffin, seconded by Dr. Mackey and carried unanimously that the bids be referred to the Parish Engineer for final tabulation with further action thereon to be taken by the Police Jury at its Regular Meeting on March 17, 2005.

President McMillin 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 an oil, gas and mineral lease on certain tracts of land (five acres, more or less) in Section 14, Township 8 South, Range 11 West, in Ward Six (Police Jury District 11, Mrs. Treme).

Mr. McMurry then proceeded to open the only bid submitted of Aspect Energy, LLC, Denver, Colorado, the details of which are outlined in the following resolution which was adopted upon motion made by Mr. Andrepont, duly seconded by Mr. Moon and carried unanimously:

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of March, 2005, that it does hereby accept the bid of Aspect Energy, LLC, for a mineral lease on the following described property, to-wit:

All streets, alleys, lanes, roads, and ditches lying within those areas outlined in red on the plat attached and situated in the South Half of the Southwest Quarter (S/2 of SW1/4) of Section 14, Township 8 South, Range 11 West, Calcasieu Parish, Louisiana; and said areas outlined in red being more particularly described as follows: Linda Lane, Virginia Lane, and Adell Lane as per plat of Mini Farms Subdivision, recorded in Plat Book 22, at page 31, in the Conveyance Records of Calcasieu Parish, Louisiana, containing approximately five acres, more or less. All bearings, distances, and coordinates are based on Louisiana Coordinate System of 1927, (North or South Zone), where applicable.

for a three-year lease with a cash bonus of One Thousand Six Hundred Sixty Six and 65/100 Dollars ($1,666.65) and an annual rental of One Thousand Six Hundred Sixty Six and 65/100 Dollars ($1,666.65) and with the Calcasieu Parish Police Jury to receive twenty-five percent (25%) of all oil produced and saved twenty-five percent (25%) of all sulphur produced and saved, and twenty-five percent (25%) of all other liquid or gaseous hydrocarbon minerals produced and saved.

BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury is hereby authorized to execute the necessary lease contract to consummate this transaction.

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President McMillin 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 an oil, gas and mineral lease on certain tracts of land (two and one-half acres, more or less) in Section 14, Township 8 South, Range 11 West, in Ward Six (Police Jury District 11, Mrs. Treme).

Mr. McMurry then proceeded to open the only bid submitted of Aspect Energy, LLC, Denver, Colorado, the details of which are outlined in the following resolution which was adopted upon motion made by Mrs. Treme, duly seconded by Mr. Stelly and carried unanimously:

RESOLUTION

That certain tract or parcel of land being described as the South Half of Lot Three (S/2 of Lot 3), of Block “A,” of Mini Farms Subdivision, situated in the South Half of the Southwest Quarter (S/2 of SW1/4) of Section 14, Township 8 South, Range 11 West, and being more particularly described as per plat recorded in Plat Book 22 at page 31, in the Conveyance Records of Calcasieu Parish, Louisiana, containing 2.5 acres, more or less. All bearings, distances, and coordinates are based on Louisiana Coordinate System of 1927, (North or South Zone), where applicable.

for a three-year lease with a cash bonus of Eight Hundred Thirty Three and 33/100 Dollars ($833.33) and an annual rental of Eight Hundred Thirty Three and 33/100 Dollars ($833.33) and with the Calcasieu Parish Police Jury to receive twenty-five percent (25%) of all oil produced and saved twenty-five percent (25%) of all sulphur produced and saved, and twenty-five percent (25%) of all other liquid or gaseous hydrocarbon minerals produced and saved.

BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury is hereby authorized to execute the necessary lease contract to consummate this transaction.

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Motion was made by Mr. Manuel, seconded by Mr. Moon and carried unanimously that the following applications for liquor and beer permits be approved:

WARD VIII

Philip J. Glorioso, Jr. d/b/a

JRTS QUICK STOP (CAFÉʹ)

2679-B Hwy. 397

Lake Charles, LA 70615 Beer 35.00

(Tony Stelly’s District)

Philip J. Glorioso, Jr. d/b/a

JRTS QUICK STOP (CAFÉʹ)

2679 Hwy. 397

Lake Charles, LA 70615 Liquor & Beer - Pkg. 75.00

(Tony Stelly’s District)

TOTAL REMITTANCE: $110.00

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President McMillin introduced Ms. Donna Addkison, who succeeded Mr. Joe Cironi upon his retirement as Director of The Chamber/Southwest Louisiana. Ms. Addkison appeared before the Police Jury and stated that she was looking forward to working with the Police Jury, and she hoped the Jury would look to The Chamber for research and support, and partner with The Chamber for economic growth in Calcasieu Parish and the Southwest Louisiana region.

President McMillin then called on Mr. McMurry to introduce Mr. Randy Vincent who succeeded Ms. Sandy Mason as Director of the Calcasieu Office of Community Services (OCS) upon her reassignment to another Parish department. In his introduction of Mr. Vincent, Mr. McMurry pointed out that the OCS was a department “near and dear” to everyone’s heart because of the number of people it served in the community, as well as the number of community programs it operated. He also stated that Mrs. Griffin was currently the President of the OCS Executive Board and that Mr. Guidry and Mr. Danahay also served on the Board.

Mr. Randy Vincent appeared before the Police Jury and stated that after having been away from Lake Charles for the past 27 years, he was encouraged to return home to see that Lake Charles and Calcasieu Parish were in capable hands. Mr. Vincent stated that he had met some wonderful people and re-kindled some old relationships since his return, and he further stated that anything he could do to help, he would.

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Guillory and carried unanimously, the payment of all current invoices was approved.

It was moved by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated February 3, 2005, and the reading of same was dispensed with.

Motion was made by Mr. Clement, seconded by Mrs. Griffin and carried unanimously that the Agenda Committee Report dated February 24, 2005, be approved as follows:

AGENDA COMMITTEE REPORT

February 24, 2005

A meeting of the Agenda Committee was held on Thursday, February 24, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with President Hal McMillin 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. Tony Guillory, Mr. Chuck Kleckley, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Cornie Moon, Chairman Tony Stelly, and Mrs. Sandra J. Treme

Absent: None

(President McMillin chaired the meeting due to the fact that Chairman Stelly had recently had surgery, and Vice-Chairman Guillory was experiencing side effects of cold/flu medicine.)

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

President McMillin advised that the purpose of the meeting on this date was to review the proposed agenda for the regular meeting of the Police Jury to be held on March 3, 2005.

Following review of the items to be considered by the Police Jury on March 3^rd, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the addition of the following item:

Advise that C-Gov, the Calcasieu Parish Government Access Channel, is now available to cable television subscribers in Moss Bluff, Gillis, DeQuincy, Vinton, and Westlake, as well as the Old Town and Mossville areas, on Channel 61.

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

There being no further business, President McMillin declared the meeting to be adjourned.

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Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Danahay and carried unanimously, the Public Works Committee Report dated February 24, 2005, was approved as follows:

PUBLIC WORKS COMMITTEE REPORT

February 24, 2005

______________________________________

A meeting of the Public Works Committee was held on Thursday, February 24, 2005, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Ms. Sandy Treme, Chairman, presiding and the following members present:

Absent: None

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

Said Committee:

(1) Received a presentation from Mr. Steve Rinard, Meteorologist-in-Charge with the National Weather Service, with reference to Calcasieu Parish receiving the Storm Ready Community Award for 2005 - 2008 from the National Oceanic and Atmospheric Administration, an award received by less than 900 entities in the United States, and Calcasieu Parish being the second in the State to receive such distinction, at the current time.

(2) Received a presentation from staff regarding the management of drainage in the Parish. The presentation included, among other things, an evaluation of the current drainage management system, as well as various alternatives/recommendations for effectively managing drainage in the Parish. (A copy of the presentation is on file in the archives of the Police Jury.) President McMillin advised that he would poll the members of the Police Jury to determine whether a sub-committee should be formed to further study this issue. The general consensus of the Committee was that it would first be necessary to determine which alternative(s), if any, contained in the report should be implemented so that the details pertaining to such alternatives could be further refined.

(3) Recommended that a recommendation be made at the Regular Meeting on March 3, 2005, relative to adoption of a resolution indicating objection/no objection to the following proposed project in Calcasieu Parish, Louisiana, provided said work meets with the rules and regulations of the Corps of Engineers, Best Management Practices during the course of construction set forth by the Environmental Protection Agency guidelines, and approvals are received from all other appropriate state and federal agencies, and further, that any required permits are obtained from the Division of Planning and Development:

• Proposal of Joe Cooper to clear a 24.1 acres site, excavate, grade, and redistribute approximately 19,412 cubic yards of native earthern material and deposit an additional 1,110 cubic yards of hauled-in clay and limestone aggregate, all residential/commercial/industrial development. The proposed project is located south of I-10, at the intersection of Bruce Drive and Opelousas Street in Lake Charles. The Planning Staff recommends that the Police Jury indicate no objection to this project application.

NOTE: on February 16, 2005, the Police Jury deferred action until February 24, 2005. Any resolution of no objection to any project, if adopted, will stipulate that such “no objection” is based solely on evaluation by the Parish Planning and Development Staff relative to the project’s compliance with current parish ordinances and provisions, and that no environmental assessment was made, and further, requesting the agencies and/or individuals with environmental expertise to make an evaluation and forward their findings to the U. S. Corps of Engineers.

(4) Recommended that existing ordinances be amended and/or ordinances be adopted with reference to the following:

(4.1) establish a 25-mph speed limit on all roads and streets in Woodland Forest Subdivision located in Ward One (Police Jury District 1, Mr. Manuel); and

(4.2) establish “no parking” on Bending Branch Drive, in its entirety, located in Ward Three (Police Jury District 10, Mr. Stelly).

(5) Recommended that the President of the Police Jury be authorized to execute the necessary documents for a Temporary Work Area Agreement between the Police Jury and Matilda Geddings Gray Trust with reference to the Charlie Moss Road Bridge Project located in Ward Four. (Police Jury District 12, Mr. Clement)

(6) Recognized the members of Boy Scout Troop 110 from the Church of Jesus Christ of Latter Day Saints who were attending the meeting on this date in preparation for their “Citizenship in the Community” badges.

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It was moved by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously to approve Recommendation No. 1 of the Public Works Committee Report.

Motion was made by Mrs. Treme, seconded by Mr. Guillory and carried unanimously that Recommendation No. 2 of the Public Works Committee Report be approved.

It was moved by Mr. Manuel and seconded by Mr. Landry to approve Recommendation No. 3 of the Public Works Committee Report and approve the Planning Staff’s recommendation to adopt a resolution of no objection relative to the proposal of Joe Cooper as outlined heretofore.

Mr. Vickers advised that subsequent to the Public Works Committee Meeting on February 24^th, he, Mr. Collins, and State Representative Elcie Guillory met with Mr. Joe Cooper and Mr. Jack Chelette of Prairie Land Company (PLC). Mr. Vickers pointed out that the original site plan submitted by the consulting firm to the Corps of Engineers was not accurate and did not reflect the current zoning of the property. He stated that PLC officials had been informed that if they wanted to develop industrial businesses in the area currently zoned A-1 (Agricultural), that would have to be approved by the Planning and Zoning Board and the Police Jury.

Mr. Vickers explained that the company planned to develop seven residential lots along Bruce Drive for sale for new construction of 1200 square foot minimum, single-family residential dwellings with no manufactured housing to be allowed along the east side of Bruce Drive. He further explained that the company’s plans for the remainder of the 24-acre site was to divide it into light industrial lots to be used for big truck and/or trailer sales, boat sales and services, small warehousing, etc.

Mr. Vickers stated that PLC was predominantly an agricultural holding company for farming and was not really in the residential subdivision business, and in looking at this property, they realized the land along Bruce Drive had limited value as far as what they wanted to do with it, so they offered it to the people in the immediate area. Mr. Vickers pointed out that for the most part, the property was very grown up with underbrush, etc.

Mr. Vickers reminded the jurors that the Corps would have the final decision as to whether a permit was issued, and the Police Jury’s role was to provide input.

Mr. Clement asked if the input from the meeting on this date would be forwarded to the Corps, to which Mr. Vickers explained that it would be contained in the resolution of objection, or resolution of no objection, depending on what the Jury decided to do, and that both the applicant and the Corps would receive a copy. Mr. Vickers stated that in past situations such as this, the staff had included any agreements or compromises by the developer in the resolution, and sometimes the Corps made these a part of the conditions of the permit, and sometimes they did not.

Mr. Huey Carter, 427 Bruce Drive, Lake Charles, appeared before the Police Jury at this time in opposition to the proposed project. He stated that it would put light industrial buildings 200' from his front door. Mr. Carter also outlined his, and his neighbors, objections to (1) what he felt was a “backdoor” approach by PLC to get the zoning changed, (2) the site plan map was incorrect, (3) they did not want this in their neighborhood and did not want the property rezoned from A-1 (Agricultural), (4) they objected to selling of the lots and the 1200 square-foot minimum requirement; (5) their police juror was not representing them in this issue and did not speak for them; and (6) PLC should be held to a higher standard.

Mr. Carter asked that the Police Jury not go along with the proposal until the company could provide an accurate map of the zoning and that when the request to rezone came before the Police Jury, he wanted it known that their police juror did not represent them in the matter.

President McMillin overruled Mr. Carter and stated that his comments about his juror were out of order. President McMillin further stated that each member of the Police Jury took their job very seriously and worked very hard, and he asked Mr. Carter to refrain from negative comments about individual police jurors and to talk about the issues only.

Mr. Vickers stated that PLC was very much aware that the map they submitted was not consistent with the current zoning and that any industrial development on property not currently zoned for such use would require rezoning through normal channels, which would be the Planning and Zoning Board and the Police Jury. Mr. Vickers pointed out that the property closest to the residents was 800' from Bruce Drive going back to the east, and such property was zoned A-1 (Agricultural), so there could not be any use of that property for light industrial purposes without rezoning.

Mr. Daniel Pierre, Jr., 442 Mitchell Drive, Lake Charles, appeared before the Police Jury and stated that he lived in the area of the proposed subdivision. He further stated that he was not trying to hurt growth in Lake Charles or development of jobs, but he wanted his quiet neighborhood to remain quiet.

Mr. Manuel asked if the development would actually occur 200' from Mr. Carter’s front door, as he (Mr. Carter) had alluded to earlier. Mr. Vickers advised that what the company originally had proposed was to develop the frontage along Bruce Drive, but the site plan was not in accordance with current zoning, a fact the company was well aware of. Mr. Vickers explained that from the centerline of Bruce Drive heading back east, the property was zoned A-1 (Agricultural) a distance of 800', and any development of this property for light industrial purposes would require rezoning.

Mr. Stelly asked if a buffer could be required between the industrial portion and the residential portion of the property, if the company came back later and asked for rezoning. Mr. Vickers stated that the company had not even cleared the land yet, and he could not speak on their behalf, but the company’s proposal made sense to him because of the existing residential area which adjoined the proposed residential area. Mr. Vickers pointed out that PLC had been in the community for a number of years in the farming business and years ago, the property under discussion was farm land. He explained that PLC was just trying to get some use out of this land they already owned.

President McMillin asked for a roll call vote on the motion on the floor, which was to approve Recommendation No. 3 of the Public Works Committee Report and approve the Planning Staff’s recommendation to adopt a resolution of no objection relative to the proposal of Joe Cooper as outlined heretofore. The vote on the motion was as follows:

YEAS:Mr. Clement, Mr. Danahay, Mrs. Eason, Mr. Landry, Dr. Mackey, Mr. Manuel, Mr. Stelly, and Mrs. Treme

NAYS:Mr. Andrepont, Mr. Collins, Mrs. Griffin, Mr. Guidry, Mr. Guillory, and Mr. Moon

ABSENT:None

NOT VOTING:President McMillin

The vote being eight (in favor) to six (against) the motion, President McMillin declared the motion as having carried; whereupon, 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 Joe Cooper to clear a 24.1 acre site, excavate, grade, and redistribute approximately 19,412 cubic yards of native earthen material and deposit an additional 1,110 cubic yards of hauled-in clay and limestone aggregate, all as necessary to construct foundation pads, driveways, and roadways to facilitate the implementation of residential/commercial/ industrial development. Project implementation would directly impact approximately 9.8 acres of jurisdictional wetlands. Said project is located south of I-10, at the intersection of Bruce Drive and Opelousas Street, at Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Joe Cooper 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; and

WHEREAS, at its Regular Meeting on February 16, 2005, the Calcasieu Parish Police Jury deferred action in order to receive more input from the developer relative to concerns and/or questions expressed by property owners in the area of the proposed development concerning land use and type of construction; and

WHEREAS, at the Regular Meeting of the Calcasieu Parish Police Jury on May 3, 2005, opposition was expressed by some of these property owners for the reasons stated heretofore, however, a letter was entered into the record of the meeting by Mr. Joe Cooper, representing Prairie Land Company, stating that (1) the proposed project along the east side of Bruce Drive would consist of seven (7) lots to be offered for sale for new construction of single-family residential dwellings, each of which would contain no less than 1,200 square feet of living area, (2) that no lot would be sold for manufactured housing, and (3) the remainder of the 24-acre site would be divided into Light Industrial lots to be used for big truck and/or trailer sales, boat sales and services, small warehousing, etc.; and

WHEREAS, it was pointed out at the Regular Meeting of the Calcasieu Parish Police Jury on May 3, 2005, that some of the proposed uses insofar as industrial buildings as depicted on the site plan were not allowed under the current zoning on a portion of the property, and further, that official action would have to be taken in the future to modify the current zoning to allow such uses.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of March, 2005, that it does hereby indicate no objection to the proposal of Joe Cooper to clear a 24.1 acre site, excavate, grade, and redistribute approximately 19,412 cubic yards of native earthen material and deposit an additional 1,110 cubic yards of hauled-in clay and limestone aggregate, all as necessary to construct foundation pads, driveways, and roadways to facilitate the implementation of residential/commercial/industrial development. Project implementation would directly impact approximately 9.8 acres of jurisdictional wetlands. Said project is located south of I-10, at the intersection of Bruce Drive and Opelousas Street, at 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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Motion was made by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that Recommendation No. 4 of the Public Works Committee as listed heretofore be approved; whereupon, the following ordinances were adopted:

ORDINANCE NO. 4873

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a 25 mph speed limit on all roads and streets in Woodland Forest Subdivision located in Ward One 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. 17-64, Twenty-five miles per hour, of the Code of Ordinances is amended by including the following subdivision in the provisions of said section:

Woodland Forest Subdivision, all roads and streets, 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 and streets set forth above, at reasonable intervals, to warn the operators of vehicles of the speed limit herein imposed.

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

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

This ordinance was adopted on the 3^rd day of March, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4874

AN ORDINANCE amending Sec. 17-126 of Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish “no parking” on Bending Branch Drive, in its entirety, in Ward Three of Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Sec. 17-126, Prohibited parking on specified streets, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Bending Branch Drive, in its entirety, in Ward 3

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall park on Bending Branch Drive as heretofore set forth.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along Bending Branch Drive as referred to above, at reasonable intervals, to warn operators of vehicles that parking is prohibited.

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.

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 3^rd day of March, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

It was moved by Mr. Guillory, seconded by Mrs. Griffin and carried unanimously to approve Recommendation No. 6 of the Public Works Committee.

Following a brief presentation by Mr. Brent Clement, Chairman of the Budget Committee, motion was made by Mrs. Griffin, seconded by Mr. Manuel and carried unanimously that the Budget Committee Report dated March 3, 2005, and all recommendations contained therein, be approved as follows:

BUDGET COMMITTEE REPORT

March 3, 2005

______________________________

A meeting of the Budget Committee was held at 4:45 p.m. on Thursday, March 3, 2005, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Brent Clement, Chairman, presiding and the following members present:

Mr. Francis Andrepont, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, and President Hal McMillin, Ex-Officio

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

Also present were Mr. S. Mark McMurry, Mrs. Coleen Clark, Mr. Jerry Milner, and Mr. Claude Smart.

Said Committee:

(1) Recommended approval of the continuation of a grant in the amount of $100,000 for Calendar Year 2005 for the Meals on Wheels Program of the Calcasieu Council on Aging, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto. (On November 18, 2004, the Police Jury approved an extension of a previously approved grant in the amount of $100,000 in the amount of $33,000 through Calendar Year 2004.)

(2) Recommended approval of a request for a six-month extension from Ward Eight Fire Protection District No. Two (LeBleu Settlement) to complete their bay door and fire equipment project. (On January 22, 2004, the Police Jury awarded $25,500 to said district for this project from the Ward Eight allocation of the Delta Downs revenue. Some of the project has been completed, but the District has requested an additional six months to complete the entire project. This program requires that all projects be completed within twelve months of the award.)

(3) Recommended approval of the following funding request from Delta Downs Slots Revenue allocated to the various wards:

(3.1) Ward Four (Police Jury District 12) - $2,000 to the Therapeutic Riding Center Program of West Calcasieu Cameron Hospital in Sulphur.

(4) Advised that the deadline for receipt of applications for funding under the Riverboat Gaming Fund for FY 2005 would be April 15, 2005.

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Upon motion made by Mr. Andrepont, which was duly seconded by Mr. McMillin and carried unanimously, Recommendation No. 1 of the Budget Committee Report was approved.

It was moved by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously to approve Recommendation No. 2 of the Budget Committee Report.

Motion was made by Mrs. Griffin, seconded by Mr. McMillin and carried unanimously that Recommendation No. 3 of the Budget Committee Report be approved.

Upon motion made by Dr. Mackey, 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 CECOS International, Inc. to perform mechanical clearing activities to provide access corridors approximately 20 feet in width as necessary to allow the placement of cone-penetrometer or rotary exploration equipment which would be utilized to drill up to 14 exploratory test wells to determine levels/concentrations of chlorinated hydrocarbons in groundwater. Borings will range from 1.5 inches to 8 inches in diameter and from 80 feet to 180 feet in depth and upon abandonment will be backfilled with grout. Project implementation would impact approximately 0.63 acres of mixed pine/bottomland hardwood wetlands. Said project is located at the BFI/Allied ConocoPhillips site, in Carlyss, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of CECOS International, 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

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 3^rd day of March, 2005, that it does hereby indicate no objection to the proposal of CECOS International, Inc. to perform mechanical clearing activities to provide access corridors approximately 20 feet in width as necessary to allow the placement of cone-penetrometer or rotary exploration equipment which would be utilized to drill up to 14 exploratory test wells to determine levels/concentrations of chlorinated hydrocarbons in groundwater. Borings will range from 1.5 inches to 8 inches in diameter and from 80 feet to 180 feet in depth and upon abandonment will be backfilled with grout. Project implementation would impact approximately 0.63 acres of mixed pine/bottomland hardwood wetlands. Said project is located at the BFI/Allied ConocoPhillips site, in Carlyss, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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It was moved by Mrs. Griffin, seconded by Mr. Guillory and carried unanimously to approve the recommendation of the Director of the Division of Planning and Development with reference to the Surplus Adjudicated Property Sale conducted on February 22, 2005, on the following cases, and to adopt an ordinance with respect to each piece of property:

AP03-197-05 (Church 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 $100.00 by Tony Terry Zackery be accepted.

AP03-198-05 (Jackson Street-vacant lot) (Police Jury District 3)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $350.00 by Betty Dianne Coleman be accepted.

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

ORDINANCE NO. 4875

AN ORDINANCE authorizing the Police Jury to declare the property described as: 53% int in Lot in Lot 9 Blk 6 Gill Add, Com 53 ft E of intersection of La Ave Church St 30 ft th S 50 ft etc.; (AP03-197-05; Tax Assessment No. 552364); 1100 Block of Church Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Tony Terry Zackery, his designated agent, or assignee for the consideration of $100.00 (one 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: 53% int in Lot in Lot 9 Blk 6 Gill Add, Com 53 ft E of intersection of La Ave Church St 30 ft th S 50 ft etc.; (AP03-197-05; Tax Assessment No. 552364); 1100 Block of Church 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. Tony Terry Zackery, to purchase said property for the consideration of $100.00 (one 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. Tony Terry Zackery, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 3^rd day of March, 2005, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: 53% int in Lot in Lot 9 Blk 6 Gill Add, Com 53 ft E of intersection of La Ave Church St 30 ft th S 50 ft etc.; (AP03-197-05; Tax Assessment No. 552364); 1100 Block of Church 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. Tony Terry Zackery, his designated agent, or assignee for and in consideration of $100.00 (one hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

(1) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the Adjudicated Property Section has been provided a Mortgage and Conveyance Certificate or an equivalent by an abstract company doing business in Calcasieu Parish certifying that an examination of the mortgage and conveyance records of the Clerk of Court of Calcasieu Parish was made to obtain the names and last known addresses of all owners, mortgagees, and other persons who might have vested or contingent interests in the property, or who have filed requests for notice as provided for in LSA-R.S. 47:2261, and a list of those names and addresses is attached to the certification. The written certification shall contain an indemnification and hold harmless clause by the purchaser in favor of the Parish of Calcasieu, its officers, agents and employees if the purchase should fail to request notification to an interested party or should incorrectly identify or locate any interested party.

(2) Purchaser has made written request to the Adjudicated Property Section of the Division of Planning & Development to notify those persons identified above in accordance with LSA-R.S. 33:4720.17 and LSA-R.S. 47:2261 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication requested.

(3) Upon written request from the Adjudicated Property Section of the Division of Planning and Development, the Purchaser shall remit 25% of the purchase price as earnest money to be held in escrow by the Calcasieu Parish Police Jury for application to the purchase price at closing, or to be retained by it in the event Purchaser fails to complete the purchase.

(4) The Adjudicated Property Section of the Division of Planning & Development has provided purchaser with proof of notice, and purchaser has recorded same in the conveyance records of Calcasieu Parish and has provided the Adjudicated Property Section of the Division of Planning & Development a stamped copy of the recorded proof of notice.

(5) Purchaser has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the number of days required by LSA-R.S. 33:4720.17 has elapsed since the above required notice was made or attempted and that the property has not been redeemed by the payment of the taxes owed.

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

Section 3. If purchaser should fail to complete the requirements of Section 2 A) and B) within sixty (60) days of adoption of this ordinance, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to anyone who shall complete the requirements of Section 2. If all of the requirements of Section 2 are not completed within six months from the date this ordinance is adopted, the President’s authority to execute an act of cash sale for this property shall cease, and any and all rights of the purchaser to this property shall terminate.

Section 4. This act of sale shall be without any warranty or recourse whatsoever (including warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights and actions of warranty the Parish of Calcasieu may have, and shall contain such warranty limitations and other provisions as are required by the Parish Attorney. The Parish of Calcasieu shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall convey the surface rights of the said property.

This ordinance was adopted on the 3^rd day of March, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 4876

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 103 ft 9 in W of NW Cor intersection of La Ave and Jackson St on N side of Jackson St, W along N side of Jackson St 33 ft 9 in th parl to La Ave 200 ft etc.; (AP03-198-05; Tax Assessment No. 610739); 1000 Block of Jackson Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Betty Diane Coleman, her designated agent, or assignee for the consideration of $350.00 (three hundred fifty dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Com 103 ft 9 in W of NW Cor intersection of La Ave and Jackson St on N side of Jackson St, W along N side of Jackson St 33 ft 9 in th parl to La Ave 200 ft etc.; (AP03-198-05; Tax Assessment No. 610739); 1000 Block of Jackson 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. Betty Diane Coleman, to purchase said property for the consideration of $350.00 (three hundred fifty dollars) cash, at the time of sale; and

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

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. Betty Diane Coleman, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Com 103 ft 9 in W of NW Cor intersection of La Ave and Jackson St on N side of Jackson St, W along N side of Jackson St 33 ft 9 in th parl to La Ave 200 ft etc.; (AP03-198-05; Tax Assessment No. 610739); 1000 Block of Jackson 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. Betty Diane Coleman, her designated agent, or assignee for and in consideration of $350.00 (three hundred fifty dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

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

This ordinance was adopted on the 3^rd day of March, 2005.

/s/ Hal McMillin, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 4877

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lots 15, 16 Clara Fitzenreiter Subdivision of West 339 feet Block 49 Katrina B Moeling (AP03-181-04; Tax Assessment No. 1032534); 1800 Block of N. Shattuck Street-vacant lots in Ward Three, Lake Charles, Louisiana, as surplus property and to authorize the donation of said property to Jene Community Outreach, Inc.

WHEREAS, the Parish of Calcasieu owns property described as: Lots 15, 16 Clara Fitzenreiter Subdivision of West 339 feet Block 49 Katrina B Moeling (AP03-181-04; Tax Assessment No. 1032534); 1800 Block of N. Shattuck Street-vacant lots in Ward Three, Lake Charles, Louisiana, 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 as abandoned, surplus property not needed for a public purpose; and

WHEREAS, a request has been received by the Division of Planning & Development from Jene Community Outreach, Inc., which has been recognized by the Internal Revenue Service as a 501(c)(3) organization, for a donation of said property; and

WHEREAS, a Notice of Intention to declare the property as surplus and to donate said property was published in the Lake Charles American Press, official journal of the Parish of Calcasieu on February 3^rd, 10^th, and 17^th, 2005, and no written opposition has been filed with the Division of Planning & Development; and

WHEREAS, the Police Jury is of the opinion that said property is surplus and not needed for public purposes and that it would be in the public interest to donate the above mentioned property to Jene Community Outreach, Inc.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 3^rd day of March, 2005, that it does hereby approve the following criteria for the donation and disposition of adjudicated property:

Section 1. The property described as: Lots 15, 16 Clara Fitzenreiter Subdivision of West 339 feet Block 49 Katrina B Moeling (AP03-181-04; Tax Assessment No. 1032534); 1800 Block of N. Shattuck Street-vacant lots in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and not needed for public purposes.

Section 2. Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President, or his designee, when appropriate, is authorized to donate the property described in Section 1 to Jene Community Outreach, Inc. pursuant to the provisions of LSA-R.S. 33:4717.3 upon certification in writing by the Adjudicated Property Section of the Division of Planning & Development of the following:

(1) Donee of the property has certified in writing to the Adjudicated Property Section of the Division of Planning & Development that the donee has examined the mortgage, conveyance, probate and civil suit records of the Clerk of Court of Calcasieu Parish and attached to the certification a written list of the names and last known addresses of all owners, mortgagees, any other persons who might have vested or contingent interests in the property, and persons who have filed a request for notice as provided in LSA-R.S. 33:4720.31, and that said certification contains an indemnification and hold harmless clause by the donee in favor of the Parish of Calcasieu, its officers, agents and employees if the donee should fail to request notification to an interested party or incorrectly identify or locate any interested party.

(2) Donee 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. 33:4720.31 and has paid the Parish the sum of five dollars per notice and/or the sum of thirty dollars per notice by publication.

(3) The Adjudicated Property Section of the Division of Planning & Development has provided donee with proof of notice and has recorded the same in the conveyance records of the Clerk of Court 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.

(4) Donee 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. 33:4720.31 have elapsed since the aforementioned required notice was given or attempted to be given, and that the property has not been redeemed by the payment of the taxes and/or assessments owed.

(5) Donee has certified in writing that it is aware of the re-sale requirements of LSA-R.S. 33:4720.29 B and C.

Section 3. If donee fails to complete the requirements of Section 2 within one year of the adoption of this ordinance, the authority granted to the President thereunder shall cease.

Section 4. This donation shall be without any warranty or recourse whatsoever as to the title to or the condition or suitability of the property.

Section 5. The Parish of Calcasieu shall reserve all oil, gas, and other mineral rights in and to the property which is the subject of the donation, but surface use of the property for mineral exploration, development, or production shall be waived.

This ordinance was adopted on the 3^rd day of March, 2005.