October 11, 2005
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Tuesday, October 11, 2005, said meeting having originally been scheduled for October 6, 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, 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: Mrs. Mary Kaye Eason (out of town)
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Emergency Preparedness and Homeland Security; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude D. Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Jim Vickers, Director of Planning and Development; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Allen Wainwright, Public Works Engineer.
President McMillin called the meeting to order. The invocation was pronounced by Mr. Collins 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 expressed his appreciation to everyone in Calcasieu Parish and the entire United States for cooperation and assistance during the recent time of peril caused by Hurricane Rita which hit Calcasieu Parish in the early morning hours of September 24, 2005. He stated that it had been an opportunity for growth, and he felt the area would be even stronger and better than before, once it recovered from the storm.
President McMillin then asked for an update on the status of household garbage collection from Mr. Frank LaBarbera, Regional Director for Waste Management of Lake Charles.
Mr. LaBarbera appeared before the Police Jury and expressed his appreciation for the patience of the Police Jury and public during the aftermath of the hurricane. Mr. LaBarbera explained that Waste Management, unlike Entergy or the other utility companies, was not able to get on the roads the day after the storm and had to wait for approval to do so which had occurred approximately three weeks later; therefore, during this interim period, Waste Management placed dumpsters in strategic locations where people could dispose of their waste from refrigerators and freezers.
Mr. LaBarbera stated that as was true with other businesses, many employees of his company had not yet returned to work. He pointed out that Waste Management had moved trailers onto their property to house employees, and they were supposed to have 13 more employees back in the coming week.
Mr. LaBarbera reported that Waste Management had started its pickup routes in Calcasieu Parish on Monday, October 10, 2005, picking up household waste only. As an example of the volume being picked up, he advised that on a Monday, Waste Management normally averaged 425 tons of waste hauled to the landfill; however, on October 10th, they had picked up 1,175 tons, or about triple their normal amount which meant it was taking them approximately two days to pick up a route that normally took one day. Mr. LaBarbera further explained that there was a lot of liquid and water in refrigerated waste, and his company was required to abide by local and state laws governing load limits.
Mr. LaBarbera further reported that contrary to their normal schedule, Waste Management would be working on Saturdays until the crisis situation was over and the normal daily schedule could be resumed which he anticipated would take approximately three weeks to accomplish. Mr. LaBarbera pointed out that it could happen sooner if his company could get more employees.
Mr. Clement asked if there was a contingency plan, pointing out that some people would not want to wait two weeks to get their trash picked up and would dump it along the road sides.
Mr. McMurry pointed out that he did not think people would have to wait two weeks, that Waste Management was a few days behind their normal schedule. He stated that it could be one and one-half weeks between pickups (instead of the normal week), and that the biggest loads would be during the current week and the following week.
Mr. Clement asked if Waste Management could get extra trucks into the area to help out, and Mr. LaBarbera advised that he had done that, but Hurricane Katrina (which hit New Orleans, Mississippi, and Alabama approximately three weeks prior to Hurricane Rita) had taken a lot of Waste Management’s resources. Mr. LaBarbera pointed out that Waste Management was very active in Mississippi, Texas, Alabama, and Louisiana, and their resources had been “squeezed”. He assured the jurors that his company was doing everything it possibly could and pointed out that hiring extra trucks created all kinds of safety issues that were not worth getting in harm’s way over. Mr. LaBarbera also assured the jurors that every community which went through a storm such as Hurricane Rita had the same kinds of problems, and all he could do was ask for the public’s patience.
In answer to a question by Mrs. Treme, Ms. Beverly Gilchrist of Waste Management advised that a roll-off container (dumpster) was located in Vinton, and the residents of Starks were welcome to use that one or the one located at the Vinton City Hall for household waste only.
Mr. Stelly asked if Ward Two could get a roll-off container, and Ms. Gilchrist stated that garbage would be picked up in Bell City and LeBleu Settlement the following day (October 12th) and that Waste Management would finish each area before moving to the next.
President McMillin recognized Mr. Manuel, Chairman of the Communications and Emergency Response Committee, for a point of personal privilege. Mr. Manuel complimented the Office of Emergency Preparedness and Mr. Gremillion, the Director of said office, for the fantastic job they had done during the storm. Mr. Manuel stated that President McMillin had been “in his element”, and he appreciated his many efforts also.
President McMillin stated that the Police Jury would at this time take action on items for the September 22, 2005, Regular Meeting which was cancelled due to the mandatory evacuation order which was issued as a result of the expected landfall of Hurricane Rita.
Motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the staff be authorized to readvertise for bids for 2004/2005 CDBG Mossville Sewer Extensions, and to readvertise for Mossville Sewer Pump Stations. (The opening of bids for these two projects was initially postponed until September 29, 2005, due to the fact that an addendum had been issued within 72 hours of the scheduled September 22nd bid opening, however, the September 29th meeting had also been cancelled because of Hurricane Rita.)
It was moved by Dr. Mackey, seconded by Mr. Collins and carried unanimously to accept the recommendation of the Project Architect and to authorize the staff to readvertise for bids for the furnishing of all labor and materials for the EIFS and Masonry Cleaning, Repair, Refinishing, and Waterproofing of Central Library located at West Claude and Ernest Streets in Lake Charles. (The bid opening on September 22nd was cancelled due to the fact that no bid packages were picked up by any prospective contractor/bidder.)
Upon motion made by Mr. Moon, which was duly seconded by Mr. Manuel and carried unanimously, action was deferred until the Regular Meeting on November 3, 2005, whereby the Police Jury would sit as a Board of Review at 6:00 p.m. to hear any protests on current tax assessments and take action accordingly. (The review period began on September 9, 2005, and ended on September 15, 2005, in the Calcasieu Parish Tax Assessor’s Office. Because of the cancellation of the September 22, 2005, Regular Meeting of the Police Jury due to Hurricane Rita, the Parish Tax Assessor had to re-advertise to provide notice of the hearing at a later date on November 3, 2005.)
Motion was made by Mr. Stelly, seconded by Dr. Mackey and carried unanimously that presentation of a Resolution in Memoriam to the family of the late Cpl. Richard Schoener, a resident of Bell City who served his country in Afghanistan, be deferred until the Regular Meeting on October 20, 2005.
It was moved by Mr. Manuel, seconded by Mr. Stelly and carried unanimously that presentation of Certificates of Recognition to the members, manager, and coaches of the Moss Bluff American Dixie Youth Team for winning the South Regional Championship and the State Championship, be deferred until the Regular Meeting on October 20, 2005.
President McMillin stated that a report would be received at this time from the staff with reference to litter prevention and education. Mr. David Robinson of the Division of Planning and Development appeared before the Police Jury and announced that Calcasieu Parish had recently been selected by the Louisiana Department of Environmental Quality as having the top litter abatement program in the State. He showed the plaque that was presented to the Parish in recognition of this honor and expressed his appreciation to Ms. Dana Guidry of the Division of Planning and Development for her assistance in this regard.
Mr. Robinson stated that some of the things the staff had done to earn the award included the following: adopted a new litter slogan, “Take Pride Parishwide”, partnered with the area 4-H Clubs, purchased materials to promote anti-litter campaigns on school campuses, aired public service announcements on C-Gov and other cable networks, placed anti-litter billboards in different areas of the Parish, and distributed boaters’ litter bags in partnership with the Louisiana State University Sea Grant Program. Mr. Robinson stated that he and Ms. Guidry also had a anti-litter booth which focused on construction debris and proper disposal at the recent Louisiana Home Show Exposition at the Lake Charles Civic Center.
Mr. Robinson pointed out that the Police Jury had helped by raising the fines for littering in January of 2005. He advised that he was aware of no other parish in the State which had done more than Calcasieu had as far as litter abatement and prevention. Mr. Robinson further advised that they had seen a decrease in the number of citations issued for littering.
President McMillin advised that a report would be received at this time from Mr. Allen Smith, Jr., General Counsel to the Police Jury, with reference to alcohol sales in Ward One.
Mr. Smith advised that the Louisiana Supreme Court had ruled that because of some 1997 legislation whereby parochial officers in parishes were now being elected from election districts and not from wards, that the election districts were the proper boundaries for calling local option elections – not wards. Mr. Smith pointed out that his legal opinion had addressed the question of what happened to two small pieces of Ward One that were reapportioned into Police Jury election Districts 2 and 11, and his answer was that under the Supreme Court decision which stated that when portions of wards were incorporated into other election districts, they took on the sales characteristics of those election districts, thus the portions of Ward One that were reapportioned into Police Jury Districts 2 and 11 were “wet” (authorized to sell liquor), due to the fact that Districts 2 and 11 were “wet”.
Mr. Smith further advised that as far as the remainder of Ward One, it was very clear from the Supreme Court decision, backed up by an Attorney General’s opinion, that all of Ward One which was currently comprised of Police Jury election Districts 1, 2 and 11, was considered “wet” until such time as a local option election was held.
Mr. Manuel stated that he had known about this before Hurricane Rita struck, and he had met with all the pastors in Ward One, so they were also aware of the situation. Mr. Manuel further stated that he had obtained information on how to call an election and as soon as the residents of Ward One were back from evacuations and things settled down, he would call a meeting and would like Mr. Smith and some of the staff there; however, in the meantime, he would like a moratorium on the sale of alcohol in Ward One until a decision was made as to what the local community wanted to do.
Mr. Smith stated that until a local option election was held, no one could have a moratorium or declare that sales of alcohol would not take place.
Mr. Manuel pointed out that if there was no moratorium, and the sale of alcohol was later denied in a local option election, someone might spend a lot of money to build a lounge or whatever and questioned what would happen in such an instance.
Mr. Smith stated that the sale of alcohol was now legal in Ward One and that there was a provision in the law that any package house in existence and operating as such on August 15, 1995, in an area that was subsequently annexed into an election district that prohibited the sale of alcohol would be allowed to continue operation. Mr. Smith further stated that while this did not address Mr. Manuel’s question completely, he would guess that on the authority of the grandfather clause which was put in when the law was changed, that it would probably be grand fathered if somebody “set up shop” at this time (prior to an election).
President McMillin stated that action was scheduled to be taken at 6:00 p.m. but that the Police Jury would complete its debate on this issue prior to such action being taken.
Mr. Manuel stated that he would need to set up his public meeting a lot sooner than he thought.
Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to receive the report given by Mr. Allen L. Smith, Jr., General Counsel to the Police Jury, with reference to alcohol sales in Ward One.
The hour being 6:00 p.m., President McMillin advised that a public hearing would be held at this time, as advertised in accordance with law, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, requesting authorization to immediately condemn the following structures due to said structures being in danger of collapse and constituting a menace to public safety:
(1) 541 APACHE ROAD, Moss Bluff area, Lot 43, Indian Bayou Subdivision, Ward 1, Calcasieu Parish, Louisiana (one house). Mortgage holder: Mortgage Electronic Registration Systems, Inc. (no address listed) Owner: James Edward Wright, Jr., et ux, 541 Apache Drive, Lake Charles, Louisiana, 70611, TA# 00524514 (Police Jury District 1, Mr. Manuel);
(2) 616 NEIL ROAD, Westlake area, Lot 17, Waterways Subdivision, Ward 4, Calcasieu Parish, Louisiana (one manufactured home). Mortgage holder: Argent Mortgage Company, LLC, c/o Latecia Williams, 1701 Golf Road, Rolling Meadows, IL 60008, Owner: Charles David Voohries, et al, P O Box 1152, Sulphur, Louisiana, 70664, TA# 01154907 (Police Jury District 3, Ms. Griffin);
(3) 2575 OLLINZ MORGAN ROAD, north Sulphur area, Com 268 Ft S of SW Cor NW NE 13.9.10 TH S 531 Ft W 165 Ft etc., Ward 4, Calcasieu Parish, Louisiana (one manufactured home). Owner: Elle Sue Thibodeaux Cobb, 2585 Ollinz Morgan Road, Sulphur, Louisiana, 70663, TA# 00162272 (Police Jury District 14, Mr. McMillin);
(4) 110 WEST STREET, DeQuincy area, Lot 12, Block 3, Ben Bennett Subdivision, Ward 6, Calcasieu Parish, Louisiana (one house). Owner: Ora Thomas, P. O. Box 14, DeQuincy, Louisiana, 70633, TA# 00222240, (Police Jury District 11, Mrs. Treme).
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With reference to the first structure located at 541 Apache Road in the Moss Bluff Area, Mr. Wes Crain, Assistant Director of Development, recommended that the structure be condemned and removed immediately.
Mrs. Treme noted that the pictures of these properties were taken prior to Hurricane Rita and asked if the staff had been back to look at them since the storm. Mr. Crain stated that they had all survived the hurricane.
President McMillin asked if there was anyone present in the audience to discuss the structure located at 541 Apache Road in the Moss Bluff area and hearing no comments, motion was made by Mr. Manuel, seconded by Mrs. Griffin and carried unanimously that the staff’s recommendation be approved and that the following ordinance be adopted:
ORDINANCE NO. 4964
AN ORDINANCE ordering immediate demolition of one house on property located at 541 Apache Road [Lot 43, Indian Bayou Subdivision (Tax Assessment No. 00524514)], Moss Bluff area of Ward One, Calcasieu Parish, Louisiana, mortgage currently held by Mortgage Electronic Registration Systems, Inc. and currently owned by James Edward Wright, Jr., et ux.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, to exercise its right under the Calcasieu Parish Code of Ordinances, Chapter 6, Article II, Section 6-18 (d), to condemn the following described property wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse, and constitute a menace to public safety; therefore, it is hereby ordered that the house on property located at 541 Apache Road [Lot 43, Indian Bayou Subdivision (Tax Assessment No. 00524514)], Moss Bluff area of Ward One, Calcasieu Parish, Louisiana, mortgage currently held by Mortgage Electronic Registration Systems, Inc. and currently owned by James Edward Wright, Jr., et ux, be demolished and removed immediately. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 11th day of October, 2005, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed immediately, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the second structure located at 616 Neil Road in the Westlake area, Mr. Crain recommended that the structure be condemned and removed immediately.
President McMillin asked if there was anyone present in the audience to discuss this structure and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the staff’s recommendation be approved and that the following ordinance be adopted:
ORDINANCE NO. 4965
AN ORDINANCE ordering immediate demolition of one (1) manufactured home on property located at 616 Neil Road [Lot 17, Waterways Subdivision (Tax Assessment No. 01154907)], Westlake area of Ward Four, Calcasieu Parish, Louisiana, mortgage currently held by Argent Mortgage Company, LLC, and currently owned by Charles David Voohries, et al.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, to exercise its right under the Calcasieu Parish Code of Ordinances, Chapter 6, Article II, Section 6-18 (d), to condemn the following described property wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse, and constitute a menace to public safety; therefore, it is hereby ordered that the manufactured home on property located at 616 Neil Road [Lot 17, Waterways Subdivision (Tax Assessment No. 01154907)], Westlake area of Ward Four, Calcasieu Parish, Louisiana, mortgage currently held by Argent Mortgage Company, LLC, and currently owned by Charles David Voohries, et al, be demolished and removed immediately. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 11th day of October, 2005, and is final unless appealed within five (5) days.
SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed immediately, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With reference to the third structure located at 2575 Ollinz Morgan Road in the north Sulphur area, Mr. Crain recommended that the structure be condemned and removed immediately.
President McMillin asked if there was anyone present in the audience to discuss this structure and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the staff’s recommendation be approved and that the following ordinance be adopted:
ORDINANCE NO. 4966
AN ORDINANCE ordering immediate demolition of one (1) manufactured home on property located at 2575 Ollinz Morgan Road [Com 268 Ft S of SW Cor NW NE 13.9.10 TH S 531 Ft W 165 Ft etc., (Tax Assessment No. 00162272)], North Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Elle Sue Thibodeaux Cobb.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, to exercise its right under the Calcasieu Parish Code of Ordinances, Chapter 6, Article II, Section 6-18 (d), to condemn the following described property wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse, and constitute a menace to public safety; therefore, it is hereby ordered that the manufactured home on property located at 2575 Ollinz Morgan Road [Com 268 Ft S of SW Cor NW NE 13.9.10 TH S 531 Ft W 165 Ft etc., (Tax Assessment No. 00162272)], North Sulphur area of Ward Four, Calcasieu Parish, Louisiana, and currently owned by Elle Sue Thibodeaux Cobb, be demolished and removed immediately. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 11th day of October, 2005, and is final unless appealed within five (5) days.
SECTION 2. If the manufactured home on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed immediately, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said manufactured home, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the manufactured home was situated for the cost of demolishing and removing said manufactured home, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the manufactured home, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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With reference to the fourth structure located at 110 West Street in the DeQuincy area, Mr. Crain recommended that the structure be condemned and removed immediately.
President McMillin asked if there was anyone present in the audience to discuss this structure and hearing no comments, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the staff’s recommendation be approved and that the following ordinance be adopted:
ORDINANCE NO. 4967
AN ORDINANCE ordering immediate demolition of one house on property located at 110 West Street [Lot 12, Block 3, Ben Bennett Subdivision (Tax Assessment No. 00222240)], DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Ora Thomas.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, that:
SECTION 1. The facts as set forth at the meeting of the Police Jury of Calcasieu Parish, Louisiana, on this date, justify an order of this Police Jury, to exercise its right under the Calcasieu Parish Code of Ordinances, Chapter 6, Article II, Section 6-18 (d), to condemn the following described property wherein the notice requirements to the owner shall not apply when any building, dwelling or structure, or any part thereof, are in imminent danger of collapse, and constitute a menace to public safety; therefore, it is hereby ordered that the house on property located at 110 West Street [Lot 12, Block 3, Ben Bennett Subdivision (Tax Assessment No. 00222240)], DeQuincy area of Ward Six, Calcasieu Parish, Louisiana, and currently owned by Ora Thomas, be demolished and removed immediately. This order requires that all development permits be secured for demolition and all debris be removed from the premises. This order is made this 11thday of October, 2005, and is final unless appealed within five (5) days.
SECTION 2. If the house on the premises hereinabove described in the Parish of Calcasieu, Louisiana, is not demolished and removed immediately, notice is hereby given that the Director of Parish Planning and Development shall have work commenced on the demolition and removal of said house, in which case the Police Jury shall not be liable for damages and shall have a lien and privilege against the property upon which the house was situated for the cost of demolishing and removing said house, and for the cost of maintaining the property.
SECTION 3. The Director of Parish Planning and Development is hereby authorized and directed to give notice of said demolition and removal as required by law.
SECTION 4. The Director of Parish Planning and Development is hereby authorized to enter into a contract to accomplish the demolition of the house, if necessary, and to pay the fees of the contractor from appropriate Parish funds, and to pay any and all costs associated with the demolition. Any amounts expended by the Parish of Calcasieu shall be included in the statement of costs in accordance with Chapter 6 of the Code of Ordinances of Calcasieu Parish, Louisiana, and the Parish of Calcasieu shall have a lien and privilege for all costs resulting from the demolition.
SECTION 5. This ordinance shall become effective immediately.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Stelly and carried with Mr. Manuel voting in opposition to said motion, the issuance of the following special events permit was ratified and the issuance of the following liquor and beer permits was approved:
WARD I
Ariba Petroleum, LLC
Gul Nawaz Awan – Member
393-A Hwy. 171 North
Lake Charles, LA 70611 Beer – ‘2005 35.00
(Calvin Collins’ District) Beer – ‘2006 35.00
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
1900 Sam Houston Jones Prkwy.
Lake Charles, LA 70611 Beer – ‘2006 – Pkg. 25.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
2577 Hwy. 171 North
Lake Charles, LA 70611 Beer – ‘2006 – Pkg. 25.00
(Don Manuel’s District)
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Pres.
2557 Hwy. 171 North
Lake Charles, LA 70611 Beer – ‘2006 35.00
(Don Manuel’s District)
WARD II
Holmwood Grocery, Inc.
Stephen Natali – Pres.
HOLMWOOD GROCERY
5602 Hwy. 14 East
Iowa, LA 70647 Liquor & Beer – ‘2006 135.00
(Tony Stelly’s District)
WARD III
Maxtor, LLC
Lanis J. Viator – Member
BOURBON STREET LOUNGE
5390 Hwy. 90 East
Lake Charles, LA 70615 Liquor & Beer – ‘2006 135.00
(Calvin Collins’ District)
WARD IV
The Plantation of Louisiana, LLC
Al Dicicco, Jr. – Manager
THE PLANTATION OF LOUISIANA
3260 Hwy. 108
Westlake, LA 70669 Liquor & Beer – ‘2006 135.00
(Mike Danahay’s District)
Margie Garland d/b/a
MARGIE’S INN
4020 East Burton St.
Sulphur, LA 70663 Liquor & Beer – ‘2006 135.00
(Hal McMillin’s District)
TOTAL REMITTANCE: 695.00
Type B Permit to allow alcoholic beverages for the special event:
BENEFIT FOR GRADY DUGAS, LOU GEHRIG’S DISEASE
September 24, 2005
VFW Post 9933
2668 Hwy. 171 North
Lake Charles, LA 70611
(Calvin Collins’ District)
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It was moved by Mr. Landry, seconded by Mrs. Griffin and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated August 18, 2005, be approved, and the reading of same was dispensed with.
President McMillin advised that action was needed on Zoning Case RZ03-026-05 which was a request by Lake Woodland Partners, L.P. to rezone from I-1 (Light Industrial) to R-1 (Single Family Residential) to allow a residential subdivision (houses) off of Goodman Road in Ward Three, Police Jury District 2 (Mr. Collins’ district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, September 20, 2005, and voted unanimously to recommend that the request be granted.
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Landry and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ03-026-05 and the request to rezone was granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4968
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Lake Woodland Partners, L.P., to rezone from I-1 (Light Industrial) to R-1 (Single Family Residential) to allow residential subdivision (houses) on the property described as: Com at the NW cor of the SE/4 of S26, T9S, R8W, Calcasieu Parish, Louisiana; thence S along the W line of said SE/4 for a distance of 250.0 feet; thence S 89 degs 29' 56" E for a distance of 30.0 feet, the pob of herein described tract; thence continue S 89 degs 29' 56" E parallel with the No line of said SE/4 for a distance of 2,580.00 feet; thence N for a distance of 125.00 feet to the S right of way line of Lake Fairway Drive; thence S 89 degs 29' 56" E along said S right of way line for a distance of 75.00 feet; thence S for a distance of 320.0 feet; thence N 89 degs 29' 56" W for a distance of 75.00 feet; thence S for a distance of 125.00 feet; thence N 89 degs 29' 56" W for a distance of 2,580.00 feet to the pob.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, 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 Three of this parish:
From I-1 (Light Industrial) to R-1 (Single Family Residential) to allow residential subdivision (houses) on the property described as: Com at the NW cor of the SE/4 of S26, T9S, R8W, Calcasieu Parish, Louisiana; thence S along the W line of said SE/4 for a distance of 250.0 feet; thence S 89 degs 29' 56" E for a distance of 30.0 feet, the pob of herein described tract; thence continue S 89 degs 29' 56" E parallel with the No line of said SE/4 for a distance of 2,580.00 feet; thence N for a distance of 125.00 feet to the S right of way line of Lake Fairway Drive; thence S 89 degs 29' 56" E along said S right of way line for a distance of 75.00 feet; thence S for a distance of 320.0 feet; thence N 89 degs 29' 56" W for a distance of 75.00 feet; thence S for a distance of 125.00 feet; thence N 89 degs 29' 56" W for a distance of 2,580.00 feet to the pob.
Zoning Case RZ03-026-05
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/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President McMillin advised that action was needed on Zoning Case RZ06-028-05 which was a request by Anthony J. Palermo, Jr., to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow a farmer’s market and farm equipment sales on Highway 27 North in Ward Six, Police Jury District 11 (Mrs. Treme’s district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, September 20, 2005, 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; and (2) that the use be limited to a farmer’s market and farm equipment sales only.
Motion was made by Mrs. Treme, seconded by Dr. Mackey and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ06-028-05 and the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4969
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Anthony J. Palermo, Jr., to rezone from A-1 (Agricultural) to C-2 (General Commercial) to allow a farmer’s market and farm equipment sales on property described as: Lots 63, 64 and 65 of Block One of Nora Heights Subdivision as per plat recorded in plat book 11, page 79.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, 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 Six of this parish:
From A-1 (Agricultural) to C-2 (General Commercial) to allow a farmer’s market and farm equipment sales with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the use is limited to a farmer’s market and farm equipment sales only, on property described as: Lots 63, 64 and 65 of Block One of Nora Heights Subdivision as per plat recorded in plat book 11, page 79.
Zoning Case RZ06-028-05
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/ Hal McMillin, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
President McMillin advised that action was needed on Zoning Case RZ04-027-05 which was a request by Darrell L. Jones to rezone from R-2 (Mixed Residential) to C-2 (General Commercial) to allow manufacturing of marble at 1106 Kim Street in Ward Four, Police Jury District 13 (Mr. Andrepont’s district). President McMillin further advised that the Planning and Zoning Board had met on Tuesday, September 20, 2005, and voted ten (against) and one (for) to recommend that the request be denied, and further, that should the Police Jury vote to grant the request, the Board recommended the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; (2) that an occupational license must be obtained within five days of zoning approval; and (3) that the dumpster, storage, and drying of materials must be stored in a containment area enclosed with a six-foot (6') wooden fence within fifteen (15) days of zoning approval.
It was moved by Mrs. Treme, seconded by Mr. Manuel and carried unanimously to uphold the recommendation of the Planning and Zoning Board and to deny the request to rezone with respect to RZ04-027-05.
Motion was made by Mr. Landry and seconded by Mrs. Griffin that the Code of Ordinances of Calcasieu Parish, Louisiana, be amended with reference to the subdivision regulations. (It was noted that the Planning and Zoning Board, at its meeting on September 20, 2005, had voted unanimously to recommend that the Code be amended.)
Mr. Manuel asked if these amendments would provide that a subdivision would consist of two or more structures. Ms. Jennifer Wallace of the Division of Planning and Development stated that the ordinance pertained to divisions of land, not the number of structures. She noted that the amendments provided a revised definition of “subdivision” whereby someone would be allowed to divide one parcel into two lots without having to come before the staff, Planning and Zoning Board, and Police Jury for approval.
Mr. Stelly asked if the amendments changed the width of right-of-way required for roads, and Ms. Wallace answered that the amendments reflected a compromise which had been reached between the developers and the staff for a 60' right-of-way.
A vote taken on the motion on the floor carried unanimously; whereupon, the following ordinance was adopted:
ORDINANCE NO. 4970
AN ORDINANCE amending Chapter 23 - SUBDIVISIONS, of the Code of Ordinances of the Parish of Calcasieu, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in regular session on the 11th day of October, 2005, that it does hereby amend Chapter 23 - Subdivisions, of the Code of Ordinances of Calcasieu Parish, Louisiana, in toto, to read as follows:
CHAPTER 23 - SUBDIVISIONS
Sec. 23-1. Short title.
This chapter shall be known and cited as the "Subdivision Regulations of Calcasieu Parish."
As used in this chapter, unless the context requires otherwise:
Agriculture shall mean the science of cultivating soil, producing crops, raising livestock, or growing timber;
Alley shall mean a dedicated public right-of-way having a required minimum width of twenty (20) feet and used to provide access to the rear or side of properties otherwise abutting a street.
Aquaculture shall mean the science of raising and harvesting aquatic life (i.e. fish, crawfish, alligators).
Board shall mean the Calcasieu Parish Planning and Zoning Board.
Commercial subdivision shall mean a subdivision created primarily for retail trade and/or service businesses.
Comprehensive plan shall mean the reports, maps, charts, and descriptive matter which set forth the comprehensive plan for the planning area, made and adopted pursuant to LSA-R.S. 33:101-119.
Crosswalk shall mean a right-of-way through or across any portion of a block used primarily by pedestrian traffic.
Cul-de-sac shall mean a short, minor street, open on one end with a vehicular turnaround on the other.
Developer shall mean one who subdivides or proposes to subdivide land for sale of lots or other purposes.
Division staff shall mean the Director of the Division of Planning and Development and designees.
Easement shall be synonymous with the term servitude.
Engineer shall mean:
(1) One who is licensed by the state as a civil engineer, or
(2) One who is a registered land surveyor in the state.
Industrial subdivision shall mean a subdivision to serve industrial or wholesale needs.
Lot, tract or plot shall mean a unit of land, whether for transfer of ownership, development, or other purposes.
Major thoroughfare plan shall mean the plan delineating a system of streets, duly adopted by the board.
Mobile home park shall mean a subdivision for the ground rent or lease of land as mobile home sites.
Mobile home subdivision shall mean a subdivision for the sale of land as mobile home sites.
Official map shall mean a map duly prepared and maintained by the board showing the streets or additions resulting from approval of subdivision plats and the subsequent recording of such approved plats.
Planning area shall mean the geographical area in Calcasieu Parish under the jurisdiction of the board.
Plat shall mean a print of survey of land prepared and certified by an engineer reflecting the legal description and perimeter boundaries and dimensions of the subdivision, the location and dimensions of all lots, streets, parks, alleys and servitudes situated therein.
Residential subdivision shall mean a subdivision designed for single-family and/or multifamily dwellings other than mobile homes.
Right-of-way shall mean the area of land designated by grant, contract, deed or dedication from the owner, or acquired by use, maintenance or acquisitive prescription, for use as a street, alley or utilities, whether such area is owned by the public or other user in fee or as servitude.
Servitude shall mean a right imposed by operation of law, or by the conventional grant or dedication by the owner of land, for the use of land by the public, another tract of land, or another person, corporation or other legal entity.
Standard Parish Construction Regulations shall mean the street and road construction regulations published by the State Department of Transportation and Development.
Street shall mean a right-of-way for vehicular and pedestrian traffic.
Subdivider shall be synonymous with the term developer.
Subdivision shall mean a division of a lot, tract or parcel into two or more lots for the purpose of sale or building development other than agricultural or aquacultural. The sale or contract to sell any lot or division of land by description or metes and bounds description shall also constitute a subdivision, even when located on an existing public street and/or on a street or road not accepted for maintenance by the police jury. The division of one tract into three or more lots located on an existing street shall meet the final platting requirements before recordation.
Sec. 23-3. Review and approval of plans.
The board, as authorized by article II of chapter 19 of this Code and Revised Statutes, sections 33:101 through 33:119, shall be responsible for review and approval of all real estate subdivision plans. The enforcement of the subdivision regulations remains with the police jury or such agency as it may designate.
Sec. 23-4. Jurisdiction and expenditure of public funds.
(a) Plat recordations and exceptions.
(1) All subdivisions created within the parish, outside the corporate limits of any city or town, after August 7, 1974, shall be shown on a plat certified by a registered Louisiana Land Surveyor approved by the board and thereafter filed in the records of the clerk of court prior to the sale of any portions, tracts or lots of the subdivision except:
a. Subdivisions created by judicial partition; and
b. Subdivisions with two lots or less, which do not require street, drainage or public utilities right-of-way dedication. (All subdivisions must be reviewed and approved by the division staff before the subdivision may be filed or any lot in the subdivision is sold);
c. Small parcels of land sold to or exchanged between adjoining property owners, where such sale or exchange does not create additional lots provided that the secretary of the board certifies upon the plat that such sale or exchange does not create additional lots.
(2) Subdivisions for which plats are filed prior to August 7, 1974, shall not require approval by the board, but this exclusion shall not be deemed to imply or grant acceptance for maintenance by the police jury of any streets, roads, or servitudes dedicated thereby.
(b) Streets and roads.
(1) Dedication limitations. No street or road rights-of-way may be dedicated to the public without prior approval of the board.
(2) Prior dedications. Plans for construction of streets or roads on rights-of-ways dedicated prior to August 7, 1974, shall conform to this chapter and are subject to review and approval of the board.
(c) Public funds.
(1) Public funds shall not be expended:
a. For construction or maintenance of streets or roads on rights-of-way dedicated prior to August 7, 1974, but not accepted by the police jury, unless approved in accordance with paragraph (b) of this section;
b. For construction or maintenance of streets, roads, or utilities within subdivisions other than those subdivisions accepted by the police jury and for which assessments to abutting properties shall be made by the police jury;
c. Solely to provide street or roads access to, or utility service for, individual tracts of land which, on August 7, 1974, had no such access or service, or which are exempt from compliance with these regulations.
(2) Nothing in this chapter shall be construed as authorizing the expenditure of public funds for subdivision development.
Sec. 23-5. Procedure.
(a) Applications.
(1) Applications for review and approval of proposed subdivision plans shall be made to the board in accord with the procedure prescribed in this section. They shall be in writing on such forms as may be prescribed by the board, and signed by the land owner or his authorized agent;
(2) Applications and supporting documents shall be submitted in the number of copies reasonably required by the board for its own use and the use of the parish engineer;
(3) All materials submitted to the board become the property of the board and are not subject to return. Tracings and original drawings are not required.
(b) Basis of approval or disapproval. Approval or disapproval of any plan or application may be based only upon the provisions of this chapter and other ordinances of the parish and comprehensive plans duly adopted by the police jury, and the laws of the state. Any plans published by the board but not adopted by the police jury may be used for guidance and coordination between the board and the developer, but they shall not have the effect of law and may not be the sole cause for disapproval of proposed subdivisions.
(c) Phase development. Notwithstanding any provisions to the contrary in this chapter, any developer applying for approval of a proposed subdivision may, initially or at any stage during the processing of the application, elect to:
(1) Develop the subdivision in phases, by dividing it into two (2) or more distinct parts, and when such election has been made, subdivision approval shall be granted for such part for which the requirements of this chapter have been met, without regard to the status of any remaining parts of the entire proposed subdivision; and/or
(2) Sell, transfer, alienate or encumber the entirety of all or any of such parts of the subdivision.
(d) Conceptual plan.
(1) The initial step in the application for subdivision approval shall be the submission of a conceptual plan to the division staff for consideration, on an informal basis, of the proposed land use. The conceptual plan shall include:
a. The proposed subdivision name, which may not duplicate, or be deceptively similar to, any existing subdivision in the parish, as determined by the division staff;
b. The description of the property to be subdivided;
c. A sketch of the entire tract to be subdivided showing boundaries, general location, approximate location of the public streets and roads adjoining or crossing the property, or in the absence thereof, the public street or road nearest the proposed subdivision property, and the location of proposed streets and roads, the approximate location of existing oil, gas or water wells, servitudes for pipelines, utilities, drainage or other purposes, and other existing features affecting the proposed subdivision property;
d. The proposed land use, single-family and/or multiple-family dwellings, commercial, industrial, etc.
(2) The division staff shall render its letter of approval or disapproval within five (5) working days, excluding legal holidays, after receipt of the conceptual plan;
(3) A letter of disapproval of a conceptual plan shall state in detail the reasons for such disapproval;
(4) If the conceptual plan has been disapproved by the division staff, or if a letter of approval or disapproval has not been timely rendered, the applicant may present the conceptual plan to the next regularly scheduled meeting of the board for its review and decision. Appeals from disapprovals by the board shall be in accordance with section 23-8(a).
(e) Preliminary plan.
(1) After approval of the conceptual plan, the applicant may submit a preliminary plan to the division staff for consideration of layouts and configuration of lots, streets and easements, and their relationships with existing streets and easements which may join or cross the proposed subdivision. The preliminary plan shall include:
a. The name of the proposed subdivision and the developer;
b. The name of the planner or planning firm, if any;
c. 1. The location of the property by reference to governmental section, township and range;
2. The legal description of the property;
3. The scale used for the map, a minimum of one (1) inch equals one hundred (100) feet;
4. A north arrow;
5. Proposed street names;
6. Lots and block numbers;
7. Alignment and layout of lots, blocks, existing and proposed streets, and servitudes which adjoin, traverse, or are included in the proposed subdivision; and
8. A vicinity map.
(2) Attached to the application shall be a letter from a public and/or private electric utility company verifying its capacity and intention to provide utility service to the subdivision, subject to execution of acceptable written contracts therefor.
(3) For a residential subdivision projecting one (1) or more new streets, the developer shall attach to the application, a certified check payable to the police jury for the aggregate of one hundred dollars ($100.00), plus fifty cents ($0.50) per lot for each lot in the proposed subdivision. For commercial and industrial subdivisions, the applicant shall attach to the application, a check for filing fee in the amount directed by the police jury.
(4) Minor variations in lot arrangements or sizes resulting from final field survey shall not constitute an addendum, for filing fee purposes, and no charge shall be made therefor.
(5) The division staff shall render a letter of approval or disapproval within ten (10) working days, excluding legal holidays, after receipt of the preliminary plan.
(6) A letter of disapproval of a preliminary plan shall state in detail the reasons for disapproval.
(7) If the preliminary plan has been disapproved by the division staff or if a letter of approval or disapproval has not been timely rendered, the applicant may present the preliminary plan to the next regularly scheduled meeting of the board for its review and decision. Appeals from disapprovals by the board shall be in accordance with section 23-8(a).
(f) Engineering plan.
(1) After approval of the preliminary plan, the applicant may submit an engineering plan to the division staff for consideration of the detailed layout and proposed subdivision construction.
(2) The engineering plan shall include:
a. Copies of the detailed layout and construction plans and specifications for the proposed subdivision;
b. The name of the proposed subdivision and the name of the developer;
c. The name of the engineers who surveyed the property and prepared the plans and specifications;
d. A proposed subdivision plat, reflecting:
1. The property location by government section, township and range by legal description;
2. The date, scale, minimum one (1) inch equals one hundred (100) feet, and north arrow;
3. Names and alignment of existing and proposed streets;
4. Lot and block numbers; and
5. Servitudes which adjoin or are included in the proposed subdivision.
e. The location and description of existing and proposed sewerage facilities, if any central sewerage collection, treatment and disposal system is planned;
f. Plans showing general location of utilities, light standards and fire hydrants;
g. Description of the proposed improvements, such as a typical street cross-section, and the materials to be used in such improvements;
h. Final drainage plan showing existing contours at five-foot elevation intervals or at such larger intervals as the Division of Engineering and Public Works may approve;
i. Details of plans for sewerage disposal, tie-in to existing collection systems, construction of a new collection and disposal system, use of lagoons, lift stations, force mains, etc.;
j. Profiles of all streets and ditches. Where open ditches are used for drainage, the minimum size and grade of pipe shall be noted;
k. Copies of the proposed covenants or restrictions governing the use of the property and the construction of improvements in the subdivisions;
l. The lowest elevation on each lot;
m. Driveway culvert size for each lot;
(3) The division staff shall render its letter of approval or disapproval within fifteen (15) working days, excluding legal holidays, after receipt of the engineering plan.
(4) Disapproval of an engineering plan shall relate in detail the reasons for the disapproval.
(5) If the engineering plan has been disapproved, or the division staff has failed to render its approval or disapproval timely, the developer may present the engineering plan to the next regularly scheduled meeting of the board for its review and decision. Appeals from disapprovals by the board shall be in accordance with section 23-8(a).
(g) Final plan.
(1) After approval of an engineering plan, the developer will submit a final plat to the board for consideration of the subdivision plat and assurance of the completion of the subdivision in accordance with the approved engineering plan.
(2) Except as provided in paragraph ©) of this section, no lot or other parcel of land in the proposed subdivision may be sold until the subdivision plat is filed in records of the clerk of court.
(3) No subdivision plat may be filed in the records of the clerk of court until approved by the board.
(4) No subdivision plat will be approved by the board until the following requirements have been met:
a. The developer has submitted to the board a subdivision plat certified by an engineer reflecting a complete legal description of the subdivision property, including without limitation the designation of the government section, township and range, and complying with all laws of Louisiana for the preparation and filing of subdivision plats, particularly Revised Statutes, sections 33:5051 et seq., and reflecting the location of servitudes as required to serve all lots in the subdivision.
b. The developer certifies that all construction has been completed in accordance with the plans and specifications outlined in the engineering plan.
c. The Division of Engineering and Public Works has certified to its inspection and the completion of all construction in accordance with the plans and specifications contained in the engineering plan. The Division of Engineering and Public Works shall complete the inspection and report to the board within ten (10) days, excluding legal holidays, after receipt of written request therefor from the developer.
d. In lieu of meeting the requirements of subparagraphs b. and c. above, the developer may elect to seek approval of the subdivision plat by furnishing a performance bond with adequate surety in an amount to be fixed by the police jury to assure satisfactory completion of all proposed construction in the subdivision.
e. The following statements concerning dedication of rights-of-way and methods of sewage disposal shall be affixed to the plat with appropriate signatures:
Dedication:
The right-of-way of streets shown hereon, if not previously dedicated, is hereby dedicated to the perpetual use of the public. All areas shown as servitudes are granted to the public for use of utilities, drainage, sewage removal or other proper purpose for the general use of the public. No building, structure, or fence shall be constructed, nor shrubbery planted within the limits of any servitude so as to prevent or unreasonably interfere with any purpose for which the servitude is granted.
Sewerage disposal:
No person shall provide a method of sewage disposal, except connection to an approved sanitary sewer system, until the method of sewage treatment and disposal has been approved by the health unit of Calcasieu Parish.
Signature
John Beresford,
President
Millionaires, Inc.
This is to certify that this plat is made in accordance with La. Revised Statutes 33:5051 et seq., and conforms to all parish ordinances governing the subdivision of land.
Signature
Michal J. Anthony,
Civil Engineer
(h) Final acceptance. Copies of the subdivision plat, the Division of Engineering and Public Works' certification of completion, and the approval and recommendations of the board, shall be submitted by the board to the police jury through its Public Works Committee. Upon finding satisfactory compliance with all requirements of these subdivision regulations, the police jury shall accept for perpetual maintenance the subdivision and the streets constructed therein.
Sec. 23-6. Standards for development; all subdivisions.
(a) Lots.
(1) The minimum size of residential lots for single family dwellings shall be:
a. One hundred (100) feet wide and a total surface area of not less than sixteen thousand (16,000) square feet (mechanical plant with public or community water).
b. One hundred twenty-five (125) feet wide and a total surface area of not less than sixteen thousand (16,000) square feet (mechanical plant without public or community water).
c. One hundred (100) feet wide and a total surface area of not less than twenty-two thousand five hundred (22,500) square feet (septic tank with public or community water).
d. One hundred twenty-five (125) feet wide and a total surface area of not less than twenty-two thousand five hundred (22,500) square feet (septic tank without public or community water).
e. Sixty (60) feet wide and a total surface area of not less than seven thousand five hundred (7,500) square feet (private community sewerage system or public sewerage system with public or community water).
f. One hundred (100) feet wide and a total surface area of not less than half-acre (public or community water) for A-1 zoned properties.
g. One hundred twenty-five (125) feet wide and a total surface area of not less than half-acre (without public or community water) for A-1 zoned properties.
(2) Commercial and industrial lots shall be such size as to accommodate the development, and minimum requirements shall be the same as for the appropriate zoning district.
(3) Minimum lot size for mobile home parks (rental sites) shall be fifty (50) feet in width and an area of five thousand (5,000) square feet. Minimum lot size for mobile home subdivisions (sale sites) shall be the same as residential lots for single family dwellings.
(4) No fence, wall, hedge, or other structure or planting more than three (3) feet in height shall be placed or permitted on any corner lot within the triangular areas formed by the intersecting street lines and a straight line joining said street lines point of intersection, measured along said street lines at points which are thirty (30) feet from the point of intersection, measured along said street lines.
(5) Corner markers of five-eighths inch steel rod shall be used to mark the corners of all blocks within the subdivision.
(6) Servitudes shall be dedicated at locations and of dimensions required for installation and maintenance of the utilities proposed for the subdivision.
(b) Layout.
(1) No block in a subdivision may be longer than two thousand two hundred (2,200) linear feet between cross streets unless the board determines that, in view of adjacent development or terrain, blocks in excess of two thousand two hundred (2,200) feet would not endanger the public safety.
(2) No single-family dwelling or building appurtenant thereto may be constructed nearer than fifteen (15) feet from a front or side street, or nearer than five (5) feet from the rear lot line and any interior lot lines, provided that any zoning ordinances or regulations fixing greater minimum setback distances than fixed in this article shall prevail over all requirements in this paragraph.
(3) In multifamily developments, there shall be off-street parking spaces equal to one and one half (1 ½) parking spaces per dwelling unit for the first one hundred (10