May 4, 2006

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 4, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Michael E. Danahay, President, presiding, and the following members present:

 

Mrs. Sandra J. Treme; and Messrs. Francis Andrepont, Brent Clement, Guy Brame, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornie Moon, and Tony Stelly

 

Absent: Mrs. Elizabeth Conway Griffin


            Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Administrator; Mrs. Coleen Clark, Executive Secretary; Mrs. Cheryl Heisser, Director of Human Resources; Mr. 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; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.


            President Danahay called the meeting to order. The invocation was pronounced by Mr. Guidry which was followed by the Pledge of Allegiance led by Mr. Manuel. The roll was called with the result being as outlined above.


            President Danahay advised that bids would be opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Prien Lake Park Improvements, Phase 1-B, Buildings and Walking Paths, and appropriate action would be taken thereon.


            Mr. McMurry then proceeded to open the following bids:

 

Bidder                                                 Base Bid                      Alternate #1               Alternate #2

Bessette Development                         $4,866,000.00            $411,000.00                $523,000.00

F. Miller & Sons                                   $4,779,000.00            $400,000.00               $560,000.00

K.A.S. Construction                              $4,371,000.00             $390,000.00               $550,000.00


            There being no other bids, motion was made by Mr. Andrepont, seconded by Mr. Landry and carried unanimously that the bids be referred to the Project Architect for final tabulation, with further action to be taken by the Police Jury at its next Regular Meeting on May 18, 2006.


            President Danahay advised that a presentation would be given at this time by the Division of Planning and Development to discuss the adoption of the FEMA Flood Advisory Maps for Calcasieu Parish. Mrs. Pam Mattingly advised that the Parish had participated in the national insurance program for the past 28 years and that following hurricanes Katrina and Rita, FEMA had re-evaluated the hurricanes’ effects on the 11 parishes which were affected by the storms. Mrs. Mattingly further advised that new maps had been drawn up for said parishes, and in Calcasieu the changes were mostly in the southern portion of the Parish, as well as smaller portions in Lake Charles, Sulphur and Westlake. She stated that basically all of the elevations had increased by one foot but in some cases, i.e. in the Bell City, Moss Lake and Deatonville areas, the elevations had increased by two feet. Mrs. Mattingly stated that the changes affected approximately one-third of the Parish.


            Mrs. Mattingly also stated that in order for the Parish to get FEMA funding for public assistance or mitigation projects, the maps would need to be formally adopted by the Police Jury to comply with building requirements. She pointed out that Calcasieu was applying for the mitigation program and encouraged the Police Jury to adopt the maps.


            In answer to a question by Mr. Clement, Mrs. Mattingly stated that these maps did not affect insurance ratings and that those ratings would still be based on the maps currently in use. She pointed out that the new advisory maps were to be followed for building purposes.


            Mr. Clement stated that there was currently a lot of talk about insurance rates going up as much as 50% or more and while this was more of a State issue, he wondered if the insurance companies could use the new maps to establish insurance ratings. Mrs. Mattingly stated that the new maps contained wording to the effect that they were not to be used for insurance rating programs, and further, said maps were supposed to reflect the actual conditions after Hurricane Rita, and the elevations thereon were to be used to prevent future flooding.


            Motion was made by Mr. Andrepont and seconded by Mr. Moon to approve the FEMA Flood Advisory Maps for Calcasieu Parish as presented by the Division of Planning and Development.


            Mr. Vickers pointed out that if a citizen planned to apply for funds through the Louisiana Recovery Authority (LRA) for assistance in rebuilding, they would have to comply with the advisory maps, and he did not feel the Parish needed to be in the position of having some people complying with them while others did not. Mr. Vickers also pointed out that the Parish would be applying for approximately $8 million in mitigation funding which would be shared with some of the municipalities, and said funding could be used to help a lot of people.


            Mr. Clement asked if he was correct in his presumption that if damage to a house was less than 50%, the homeowner would not be obligated to use the elevations on the advisory maps, and Mrs. Mattingly stated that this was correct.


            A vote taken on the motion on the floor carried unanimously; whereupon, the following ordinance was adopted:


ORDINANCE NO. 5105

 

AN ORDINANCE amending Sec. 9-8. Determination of flood hazards, of Chapter 9 - Floodplain Management Regulations, 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 4th day of May, 2006, that it does hereby amend Sec. 9-8. Determination of flood hazards, subsection (a), of Chapter 9 - Floodplain Management Regulations, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to read as follows:

 

(a)The advisory base flood elevation study prepared for the parish by the Federal Emergency Management Agency (FEMA), as a result of Hurricane Rita, including accompanying flood maps, effective May 5, 2006, is hereby adopted by reference and declared to be a part of this chapter, together with any revisions or supplements thereto issued by FEMA, a copy of which is on file in the archives of the Police Jury and the Division of Planning and Development.


            BE IT FURTHER ORDAINED that this ordinance shall become effective on May 5, 2006.


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


            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 4th day of May, 2006.

                                                                                    /s/ Michael E. Danahay, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary


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

            President Danahay advised that no action was needed on applications for liquor and beer permit, due to the fact that none had been submitted.


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


            It was moved by Mr. Guillory, seconded by Mr. Moon and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated April 6, 2006.


            Motion was made by Mr. Andrepont, seconded by Mr. Stelly and carried unanimously that the Agenda Committee Report dated April 27, 2006, be approved as follows:


AGENDA COMMITTEE REPORT


April 27, 2006

                                                                            


             A meeting of the Agenda Committee was held on Thursday, April 27, 2006, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Cornelius “Cornie” Moon presiding, and the following members present:

 

Mr. Brent Clement, Mr. Guy Brame, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Don Manuel, Mr. Hal McMillin, Mr. Tony Stelly, and Mrs. Sandra J. Treme

 

Absent: Mr. Francis Andrepont (out of town)


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


            Chairman Moon 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 May 4, 2006.


            Following review of the items to be considered by the Police Jury on May 4th, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.


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


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


 * * * * * * * * * * * *


            Upon motion made by Mr. Landry, which was duly seconded by Mr. Guillory and carried unanimously, the Public Works Committee Report dated April 27, 2006, and all recommendations contained therein, was approved as follows:


PUBLIC WORKS COMMITTEE REPORT


April 27, 2006

______________________________________


            A meeting of the Public Works Committee was held on Thursday, April 27, 2006, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mrs. Elizabeth C. Griffin, Chairman, presiding and the following members present:

 

Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, Mr. Tony Guillory, Mr. Chris Landry, Charles S. Mackey, D.D.S., Mr. Hal McMillin, Mr. Don Manuel, Mr. Cornie Moon, Mr. Tony Stelly, and Mrs. Sandy Treme

 

            Absent:           Mr. Francis Andrepont


            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Tim Conner, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Allen Wainwright.

                        

            Said Committee:

 

1.         Received and opened the following bids for the Repairs to the Public Works, East Maintenance and Animal Services Facilities, as advertised in accordance with law for action to be taken at 5:30 p.m.:

 

                        Bidder                                                 Base Bid                      Alt. No. 1

            Bessette Development Corporation                  $527,000.00               $44,000.00

            Priola Construction Corporation                       $473,000.00               $30,000.00

 

2          Presented a plaque and certificates to the members and coaches of the St. Louis High School Soccer Team in recognition of winning the State Championship. (Dr. Mackey)

 

3.         Received a presentation of the Transportation Master Plan by Mr. J. D. Allen of Alliance Transportation Group, Inc. The Committee recommended that copies of the plan be made available to the jurors and that a series of meetings/classes be conducted by the Division of Engineering to review and study the plan prior to any formal action thereon.

 

4.         Recommended that an ordinance be adopted and/or existing ordinance(s)be amended to establish a speed limit of 25 mph on Saddlewood Drive and 25 mph on Bridlewood Drive located in Ward Eight. (Police Jury District 4, Mr. Guillory)

 

5.         Recommended that an ordinance be adopted and/or existing ordinance(s) be amended to establish “no parking” on any parish-maintained cul-de-sac or turn-around.

 

6.         Recommended approval of modifications to the requirements and/or provisions of the Calcasieu Parish Road and Drainage Trust Fund Program, as follows:


            General Rules and Eligibility Criteria-Page 2 Item 6 (1):

 

Project must be a capital improvement project which addresses a transportation or drainage need. Trust Fund monies will not be available to replace or supplement routine, on-going maintenance programs of applicant(s).

 

            ADD:

"Examples of on-going maintenance programs are road overlay projects that do not add capacity, significant strength, or width to a given road and the spraying of multiple drainage laterals with herbicides."


            General Rules and Eligibility Criteria-Page 3:


            ADD an Item No. 7:

 

            7.         Projects involving multiple roads and drainage laterals will be allowed. For rating purposes the average daily traffic count (ADT) and cubic feet per second (CFS) flow will be the average of that of the total roads and drainage laterals in the project. Also for rating purposes the Citizens Impacted Directly (CID) rating will be based upon the total number of citizens directly impacted and no average will be taken.

 

7.         Recommended that the President of the Police Jury be authorized to execute the necessary documents for acquisition of right-of-way from Janet Delaski Gillard Melancon on Joe Miller Road in Ward One. (Police Jury District 1, Mr. Manuel)


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


            As a result of approval of all recommendations contained in the Public Works Committee Report as shown above, the following ordinances were adopted:


ORDINANCE NO. 5101

 

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 Saddlewood Drive and Bridlewood Drive in Ward Eight 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 roads in the provisions of said section:


            Saddlewood Drive in Ward 8

            Bridlewood Drive in Ward 8


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


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


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


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


            This ordinance was adopted on the 4th day of May, 2006.


                                                                                    /s/ Michael E. Danahay, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary


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


ORDINANCE NO. 5102

 

AN ORDINANCE amending Article III, Stopping, Standing and Parking, of Chapter 17, of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish “no parking” on any parish-maintained cul-de-sac or turn-around within 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.   Article III, Stopping, Standing and Parking, of the Code of Ordinances is amended by adding the following policy in the provisions of said section:

 

Sec. 17-128. Prohibited parking on parish maintained cul-de-sacs or turn-arounds.

 

            (a)       It shall be unlawful for any person to park on any parish-maintained cul-de-sac or turn-around within Calcasieu Parish.

 

            (b)       Anyone violating the provisions of this section, upon conviction, shall be fined as provided in section 1-9 of this Code.

 

            BE IT FURTHER ORDAINED that effective immediately, no vehicle shall park on any parish-maintained cul-de-sac or turn-around as heretofore set forth.


            BE IT FURTHER ORDAINED that appropriate signs shall be posted along any parish-maintained cul-de-sac or turn-around 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 of Calcasieu Parish, Louisiana.


            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 4th day of May, 2006.


                                                                                    /s/ Michael E. Danahay, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 4th day of May, 2006, that it does hereby approve the following modifications to the requirements and/or provisions of the Calcasieu Parish Road and Drainage Trust Fund Program, as follows (italicized text indicates portions added):


            General Rules and Eligibility Criteria-Page 2 Item 6 (1):

 

Project must be a capital improvement project which addresses a transportation or drainage need. Trust Fund monies will not be available to replace or supplement routine, on-going maintenance programs of applicant(s).

 

Examples of on-going maintenance programs are road overlay projects that do not add capacity, significant strength, or width to a given road, and the spraying of multiple drainage laterals with herbicides.

 

            General Rules and Eligibility Criteria-Page 3:

 

7. Projects involving multiple roads and drainage laterals will be allowed. For rating purposes, the average daily traffic count (ADT) and cubic feet per second (CFS) flow will be the average of that of the total roads and drainage laterals in the project. Also, for rating purposes, the citizens impacted directly (CID) rating will be based upon the total number of citizens directly impacted, and no average will be taken.


            THUS DONE AND PASSED on the date above inscribed.


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

            President Danahay advised that action was needed on adopting a resolution ordering and calling a special election to be held in Calcasieu Parish, Louisiana, on July 15, 2006, for the purposes of acquiring, constructing, developing, and/or improving streets and roads, water and waste water systems, medical, legal, educational, cultural, tourism and recreational facilities and operations, law enforcement and emergency preparedness facilities and operations, economic development facilities and operations, and governmental infrastructure facilities within the Parish, title to which shall be in the public (“Projects”); which projects shall be funded through (A) levy and collection of (I) gaming revenues received by the Parish or pursuant to cooperative endeavor agreements, (ii) a twenty (20) year sales and use tax of 1/4 of 1% within the limits of the Parish, that portion of which is not necessary for debt service payments to be shared, for Project purposes, on a pro-rata basis between the Parish and all municipalities located therein, and (iii) a twenty (20) year ad valorem tax of not less than 5 mills on all taxable property within the Parish, that portion of which is not necessary for debt service payments to be dedicated to economic development activities (collectively “Revenues”), and (B) issuance of bonds in an amount not exceeding $200,000,000, in various series, not to exceed 20 years from January 1, 2007, with interest at a rate not exceeding eight (8%) percent per annum, which bonds shall be retired with, paid from and secured by a pledge and dedication of Revenues.


            With reference to the foregoing, Mr. McMurry stated that this idea had been talked about for several years, particularly with respect to the possibility of the Parish and the City of Lake Charles pooling gaming revenues, with the theory behind that being that if it had not been for the voters of the entire Parish who voted in favor of gaming, neither entity would be receiving gaming revenues. Mr. McMurry stated that if gaming revenues were pooled, it would remove the impression that the boats were either the Parish’s or the City’s exclusively.


            Mr. McMurry also stated that following Hurricane Rita and associated efforts for recovery, the pooling of gaming revenues was again discussed, as well as the possibility of a major bond issue to help fund projects which would span the generations and provide a growing, vibrant economy in Calcasieu Parish.


            Mr. McMurry advised that the Parish had been debt free for quite some time, with the only debt remaining being associated with the massive improvement program for the library system; however, with a bond issue, a lot of infrastructure improvements could be accomplished which would encourage and inspire private development and job growth. Mr. McMurry stated that it was time to offer the public an opportunity to accomplish some long-term projects and that the only way to accomplish that was through a bond issue. Mr. McMurry also stated that what had recently been termed “Calcasieu 2025" did just that – provided an opportunity to diversify the local economy through entrepreneurial endeavors.


            Mr. McMurry advised that the resolution calling the election had been drafted by Mr. Jay Delafield, attorney at law, with staff assistance. He stated that the proposition called for three different kinds of revenue which was unusual in itself and that it was the first time a tax issue had allowed for jurisdictions to benefit from the resulting growth, regardless of where that growth took place, which encouraged everyone to work together as one Parish.


            Mr. McMurry pointed out this proposition was a very comprehensive effort to build generational projects for the next 20 - 25 years with a corresponding boost to the local economy. He also pointed out that in the 1920's the citizens of the Parish had voted to build a ship channel, not knowing that so many industries would locate in the area as a result. Mr. McMurry stated that it had been somewhat a “leap of faith” for those taxpayers, but it had also included a vision that if a ship channel was built, it would provide an economic base for the area. He compared the proposition before the jurors as the next ship channel project.


            Mr. McMurry advised that the Police Jury had never called an election without having every “t” crossed and “I” dotted, and no one expected any voter to go to the polls without a very clear picture of the issue before them and the facts associated therewith. He recommended approval of a resolution which would pledge the Police Jury’s commitment that no later than one month prior to the election on July 15, 2006, it would adopt a covenant resolution identifying and delineating the uses of the revenue and bond proposition. Mr. McMurry pointed out that meetings would need to be held with the local mayors over the next few weeks to review with them a preliminary list of projects that would fit well in the realm of the bond issue.


            Mr. McMurry also stated that one of the urgencies in having the election in July was (1) the Louisiana Recovery Authority (LRA) would have quite a bit of funding available through the federal government which would require local matching money, and if the Parish was able to provide the matching money by July, it would differentiate Calcasieu from all the other parishes applying for the LRA funding; and (2) the many opportunities and benefits of participating in the Gulf Opportunity Zone (GO Zone) legislation to build and expand businesses which was a huge incentive for development.


            In conclusion, Mr. McMurry stated that with a bond issue and matching funds from the federal government to do high priority projects, the stage would be set for development along the major arteries and thoroughfares of the Parish, and that now would be the best time and opportunity ever to try and accomplish these projects.


            Motion was made by Mr. Landry, seconded by Dr. Mackey and carried unanimously that the following resolution be adopted:


RESOLUTION

 

A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN CALCASIEU PARISH, LOUISIANA, ON JULY 15, 2006, AUTHORIZING THE INCURRING OF DEBT AND ISSUANCE OF BONDS OF THE PARISH; FURTHER, AUTHORIZING LEVY AND COLLECTION OF A SPECIAL AD VALOREM TAX AND SALES TAX FOR THE PURPOSE OF ACQUIRING AND/OR IMPROVING STREETS AND ROADS, WATER AND WASTE WATER SYSTEMS, MEDICAL, EDUCATIONAL, LEGAL, LAW ENFORCEMENT AND EMERGENCY PREPAREDNESS FACILITIES, ECONOMIC DEVELOPMENT PROJECTS AND GOVERNMENTAL INFRASTRUCTURE FACILITIES WITHIN THE PARISH; AND MAKING APPLICATION TO THE STATE BOND COMMISSION AND UNITED STATES ATTORNEY GENERAL IN CONNECTION THEREWITH.


            WHEREAS, it is deemed necessary and desirable by the Police Jury, governing authority of Calcasieu Parish, Louisiana, (the “Parish”), that bonds of the Parish be issued in the sum of not to exceed TWO HUNDRED MILLION & NO/100 ($200,000,000) DOLLARS, for the purposes of acquiring and/or improving streets and roads, water and waste water systems, medical, educational, legal, law enforcement and emergency preparedness facilities and systems, economic development projects and facilities, and governmental infrastructure facilities within the Parish, title to which shall be in the public; and


            WHEREAS, authority for authority for levy and collection of such taxes and the issuance of the bonds of the Parish for such purposes is granted by Article VI, Sections 29(A), 30, 32 and 33, and Article VII, Section 26(E) of the Constitution of 1974 of the State of Louisiana, and Subpart A and Subpart F of Part III of Chapter 4 of Title 39, and Part VI-B of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and all other constitutional and statutory authority supplemental thereto, provided issuance of such bonds is first authorized by a majority of the qualified electors of the Parish voting on the proposition at an election to be held for such purpose; and


            WHEREAS, the Police Jury desires to provide for holding an election at which the proposition of issuing such bonds and levying such special taxes may be submitted;


            NOW, THEREFORE, BE IT RESOLVED by the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana:


            SECTION 1. Subject to the approval of the State Bond Commission, and under the authority conferred by Article VI, Sections 29(A), 30, 32 and 33, and Article VII, Section 26(E) of the Constitution of 1974 of the State of Louisiana, and of Subpart A and Subpart F of Part III of Chapter 4 of Title 39, and Part VI-B of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, a special election be and is hereby called and ordered to be held in Calcasieu, Parish, Louisiana, on Saturday, the 15th day of July, 2006, between the hours of six (6:00) o’clock a.m. and eight (8:00) o’clock p.m., in compliance with the provisions of Section 1181 of Title 18 and of Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and that at said special election there be submitted to all the qualified electors of the Parish entitled and qualified to vote at said election under the Constitution and laws of the United States, the following proposition:


PROPOSITION

 

SUMMARY: AUTHORITY FOR CALCASIEU PARISH, LOUISIANA, TO ACQUIRE AND/OR IMPROVE STREETS AND ROADS, WATER AND WASTE WATER SYSTEMS, MEDICAL, LEGAL, EDUCATIONAL, CULTURAL, TOURISM, RECREATIONAL, LAW ENFORCEMENT AND EMERGENCY PREPAREDNESS FACILITIES, ECONOMIC DEVELOPMENT PROJECTS AND GOVERNMENTAL INFRASTRUCTURE FACILITIES AND OPERATIONS WITHIN SAID PARISH, TO BE FUNDED THROUGH GAMING, SALES AND AD VALOREM TAX REVENUES, AND BONDS TO BE SECURED BY AND PAYABLE FROM GAMING, SALES AND AD VALOREM TAX REVENUES.

 

Shall Calcasieu Parish, Louisiana (“Parish”) acquire, construct, develop and/or improve streets and roads, water and waste water systems, medical, legal, educational, cultural, tourism and recreational facilities and operations, law enforcement and emergency preparedness facilities and operations, economic development facilities and operations, and governmental infrastructure facilities within the Parish, title to which shall be in the public (“Projects”); which Projects shall be funded through (A) levy and collection of (i) gaming revenues received by the Parish or pursuant to cooperative endeavor agreements; (ii) a twenty (20) year sales and use tax of 1/4 of 1% within the limits of the Parish, that portion of which is not necessary for debt service payments to be shared, for Project purposes, on a pro-rata basis between the Parish and all municipalities located therein, and (iii) a twenty (20) year ad valorem tax of not less than 5 mills on all taxable property within the Parish, that portion of which is not necessary for debt service payments to be dedicated to economic development activities (collectively “Revenues”), and (B) issuance of bonds in an amount not exceeding $200,000,000, in various series, not to exceed 20 years from January 1, 2007, with interest at a rate not exceeding eight (8%) percent per annum, which bonds shall be retired with, paid from and secured by a pledge and dedication of Revenues?



            SECTION 2. The polling places set forth in the Notice of Special Bond Election in Section 4 hereof, be and the same are hereby designated as the polling places at which to hold such election.


            SECTION 3. Officers designated or such substitutes as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, shall hold the said election substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Said election officers shall make due returns of said election at a regular meeting of the Police Jury, to be held at its regular meeting place, the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, on Thursday, the 20th day of July, 2006, at 5:30 o’clock p.m., at which time said Police Jury will, then and there, in open and public session, examine and canvass the returns and declare the result of said special election. The compensation of election officials be and the same is hereby fixed at the sum as specified in Sections 424 and 425 of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Assessed valuations shall not be voted in this election, and all qualified electors of said Calcasieu Parish, Louisiana, are entitled to vote therein. Voting machines shall be used in this election, and voters shall not be required to sign a ballot or vote assessed valuation of property. The permanent registration law of the State of Louisiana being in force in Calcasieu Parish, said election shall be conducted in accordance with applicable provisions thereof.


            SECTION 4. The Secretary of the Police Jury is hereby empowered, authorized and directed to publish, entirely separate and apart from any publication which may be made of this resolution, once a week for four consecutive weeks, with the first publication not less than forty-five days nor more than ninety days before the date of the election, in the Lake Charles American Press, a newspaper published in Lake Charles, Louisiana, and having general circulation in Calcasieu Parish and in Calcasieu Parish, Louisiana, a Notice of Election, substantially in the following form:


NOTICE TO VOTERS OF

SPECIAL BOND AND TAX ELECTION

 

To the qualified electors of Calcasieu Parish, Louisiana:

 

YOU ARE HEREBY NOTIFIED that on the 4th day of May, 2006, the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana, ordered that a special election be held in the Parish on Saturday, the 15th day of July, 2006, for the purpose of submitting to all qualified electors of the Parish the following proposition:


PROPOSITION

 

SUMMARY: AUTHORITY FOR CALCASIEU PARISH, LOUISIANA, TO ACQUIRE AND/OR IMPROVE STREETS AND ROADS, WATER AND WASTE WATER SYSTEMS, MEDICAL, LEGAL, EDUCATIONAL, CULTURAL, TOURISM, RECREATIONAL, LAW ENFORCEMENT AND EMERGENCY PREPAREDNESS FACILITIES, ECONOMIC DEVELOPMENT PROJECTS AND GOVERNMENTAL INFRASTRUCTURE FACILITIES AND OPERATIONS WITHIN SAID PARISH, TO BE FUNDED THROUGH GAMING, SALES AND AD VALOREM TAX REVENUES, AND BONDS TO BE SECURED BY AND PAYABLE FROM GAMING, SALES AND AD VALOREM TAX REVENUES.

 

Shall Calcasieu Parish, Louisiana (“Parish”) acquire, construct, develop and/or improve streets and roads, water and waste water systems, medical, legal, educational, cultural, tourism and recreational facilities and operations, law enforcement and emergency preparedness facilities and operations, economic development facilities and operations, and governmental infrastructure facilities within the Parish, title to which shall be in the public (“Projects”); which Projects shall be funded through (A) levy and collection of (i) gaming revenues received by the Parish or pursuant to cooperative endeavor agreements; (ii) a twenty (20) year sales and use tax of 1/4 of 1% within the limits of the Parish, that portion of which is not necessary for debt service payments to be shared, for Project purposes, on a pro-rata basis between the Parish and all municipalities located therein, and (iii) a twenty (20) year ad valorem tax of not less than 5 mills on all taxable property within the Parish, that portion of which is not necessary for debt service payments to be dedicated to economic development activities (collectively “Revenues”), and (B) issuance of bonds in an amount not exceeding $200,000,000, in various series, not to exceed 20 years from January 1, 2007, with interest at a rate not exceeding eight (8%) percent per annum, which bonds shall be retired with, paid from and secured by a pledge and dedication of Revenues?

 

Said election will be held at all polling places which are situated within the boundaries of Calcasieu Parish, Louisiana. All registered voters in each of the following precincts shall be eligible to vote on the proposition:


            PRECINCT            POLLING PLACE

 

            160 E               Gillis Elementary School, 916 Topsy Road, Gillis

 

            160 W              Gillis Elementary School, 916 Topsy Road, Gillis

 

            161                   Gillis Elementary School, 916 Topsy Road, Gillis

 

162Moss Bluff Middle School, 1104 Recreation Boulevard, Moss Bluff

 

163Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff

 

164Moss Bluff Elementary School, 481 Sam Houston Jones Parkway, Moss Bluff

 

165Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff

 

166Moss Bluff Elementary School, 481 Sam Houston Jones Parkway, Moss Bluff

 

167Sam Houston High School, 880 Sam Houston Jones Parkway, Moss Bluff

 

260Holmwood Fire Station, 5599 Highway 14 East, Holmwood

 

            261                  Bell City Library, 7085 Highway 14 East, Bell City

 

            262                  Hayes Fire Station, 8141 Galley Road, Hayes

 

            300                  Ray D. Molo Middle School, 2300 Medora Street, Lake Charles

 

            301                  Washington/Marion High School, 2802 Pineview Street, Lake Charles

 

302Chateau du Lac, 333 Mill Street, Lake Charles

 

303Ralph Wilson Elementary School, 1400 Opelousas Street, Lake Charles

 

304Calcasieu Parish Multi-Purpose Center, 2001 Moeling Street, Lake Charles

 

            305                  Jessie D. Clifton Elementary School, 100 N. Prater Street, Lake Charles

 

            306                  Drew Park Pavilion, 416 South Ryan Street, Lake Charles


            307                  Chateau du Lac, 333 Mill Street, Lake Charles

 

308Calcasieu Parish School Board Curriculum and Instruction Office, 600 South Shattuck Street, Lake Charles

 

309 EForeman-Reynaud YMCA, 215 Albert Street, Lake Charles

            (Consolidated with 309W)

 

309 WForeman-Reynaud YMCA, 215 Albert Street, Lake Charles

 

            310                  Calcasieu Parish Courthouse, first floor lobby, 1000 Ryan Street, Lake Charles

 

311Pearl Watson Elementary School, 1300 5th Street, Lake Charles

 

312Calcasieu Parish School Board Office, Rosteet Annex, 2423 6th Street, Lake Charles

 

313 EJohn F. Kennedy Elementary School, 2001 Russell Street, Lake Charles

 

313 WJohn F. Kennedy Elementary School, 2001 Russell Street, Lake Charles

 

314St. Louis High School, 1620 Bank Street, Lake Charles

 

315 ELake Charles/Boston High School, 1509 Enterprise Boulevard, Lake Charles

 

315 WLake Charles/Boston High School, 1509 Enterprise Boulevard, Lake Charles

 

316 EBarbe Elementary School, 400 Penn Street, Lake Charles

 

316 WBarbe Elementary School, 400 Penn Street, Lake Charles

 

317Barbe Elementary School, 400 Penn Street, Lake Charles

 

318T. S. Cooley Elementary School, 2711 Common Street, Lake Charles

 

319St. Margaret School, 2510 Enterprise Boulevard, Lake Charles

 

320Oak Park Elementary School, 2001 18th Street, Lake Charles

 

321T. H. Watkins Elementary School, 2501 7th Avenue, Lake Charles

 

322Oak Park Middle School, 2200 Oak Park Boulevard, Lake Charles

 

323T. H. Watkins Elementary School, 2501 7th Avenue, Lake Charles

 

324Fairview Elementary School, 3955 Highway 14, Lake Charles

 

            325                  Prien Lake Elementary School, 3741 Nelson Road, Lake Charles

 

326College Oaks Elementary School, 3618 Ernest Street, Lake Charles

 

327Henry Heights Elementary School, 3600 Louisiana Avenue, Lake Charles

 

328Brentwood Elementary School, 3825 Brentwood Avenue, Lake Charles

 

329Brentwood Elementary School, 3825 Brentwood Avenue, Lake Charles

 

330Fairview Elementary School, 3955 Highway 14, Lake Charles

 

331College Oaks Elementary School, 3618 Ernest Street, Lake Charles

 

332 NFrazar Memorial Library, McNeese State University Campus, Beauregard Street

 

332 SFrazar Memorial Library, McNeese State University Campus, Beauregard Street

 

333S. J. Welsh Middle School, 1500 West McNeese Street, Lake Charles

 

334S. J. Welsh Middle School, 1500 West McNeese Street, Lake Charles

 

335Gayle Hall on McNeese State University Campus, 4414 Ryan Street, Lake Charles

 

336A. A. Nelson Elementary School, 1001 Country Club Road, Lake Charles

 

337Dolby Elementary School, 817 Jefferson Drive, Lake Charles

 

338Forrest K. White Middle School, 1000 E. McNeese Street, Lake Charles

 

339Dolby Elementary School, 817 Jefferson Drive, Lake Charles

 

360Ward Three Fire Protection District No. Two Fire Station, 3088 Old Town Road, Lake Charles

 

361Waterworks District No. Five of Ward Three Office, 300 Deshotel Street, Lake Charles

 

362Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles

 

363Prien Lake Park Pavilion, 3700 Prien Lake Road, Lake Charles

 

364Fairview Elementary School, 3955 Highway 14, Lake Charles

 

365New St. John Elementary School, 5566 Elliott Road, Lake Charles

 

366New St. John Elementary School, 5566 Elliott Road, Lake Charles

 

367 NNew St. John Elementary School, 5566 Elliott Road, Lake Charles

 

367 SFormer St. John Elementary School, 5282 Weaver Road, Lake Charles

 

368Former St. John Elementary School, 5282 Weaver Road, Lake Charles

 

369M. J. Kaufman Elementary School, 301 Tekel Road, Lake Charles

 

370Calcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles

 

371 NCalcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles

 

371 SCalcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles

 

400 D. S. Perkins Elementary School, 565 North Crocker Street, Sulphur

 

401Calcasieu Parish Health Unit, Sulphur Branch, 201 Edgar Street, Sulphur

 

402Frasch Park Recreation Center, 400 Picard Road, Sulphur

 

403Frasch Elementary School, 540 South Huntington, Sulphur

 

404R. W. Vincent Elementary School, 1634 Beglis Parkway, Sulphur

 

405Center Circle Recreation Building, 80 Center Circle, Maplewood

 

406W. T. Henning Elementary School, 774 Henning Drive, Sulphur

 

407R. W. Vincent Elementary School, 1634 Beglis Parkway, Sulphur

 

408T. D. McMurry Park Gymnasium, 300 South Hazel Street, Maplewood

 

440Westlake High School, 1000 Garden Drive, Westlake

 

441S. P. Arnett Middle School, 400 Sulphur Avenue, Westlake

 

460 EWard Four Fire Protection District No. Four Fire Station, 789 W. Houston River Road, Sulphur

 

460 WWard Four Fire Protection District No. Four Fire Station, 789 W. Houston River Road, Sulphur

 

461Mossville Recreation Center, 3825 Old Spanish Trail, Mossville

 

462S. P. Arnett Middle School, 400 Sulphur Avenue, Westlake

 

463Westlake High School, 1000 Garden Drive, Westlake

 

464Riverside Park Pavilion, 1700 Miller Avenue, Westlake

 

465Frasch Park Recreation Center, 400 Picard Road, Sulphur


            466                  Carlyss Fire Station, 5151 Volunteer Road, Carlyss


            466 E              Carlyss Fire Station, 5151 Volunteer Road, Carlyss


            466 W             Carlyss Fire Station, 5151 Volunteer Road, Carlyss


            467                  Carlyss Fire Station, 5151 Volunteer Road, Carlyss

 

468Ward Four Recreation - Carlyss Complex, 6043 Carlyss Drive, Carlyss

 

469Ward Four Recreation - Carlyss Complex, 6043 Carlyss Drive, Carlyss


            560                  Starks School, 137 Highway 109 South, Starks


            561                  Starks School, 137 Highway 109 South, Starks


            562                  Edgerly Fire Station, 2205 Edgerly Road, Vinton


            600                  DeQuincy High School, 207 North Overton, DeQuincy


            601                  DeQuincy City Hall, 300 Holly Street, DeQuincy

 

602DeQuincy Branch Library, 102 West Harrison Street, DeQuincy

 

603Sheriff’s Sub-Station, DeQuincy Branch, 618 Center Street, DeQuincy

            (formerly Calcasieu Parish Health Unit, DeQuincy Branch)

 

660Ward Six Fire Protection District No. One, Company No. One Fire Station, 1271 Highway 27 North, DeQuincy

 

661Ward Six Fire Protection District No. One, Company No. Two Fire Station, 4775 Highway 27, DeQuincy

 

662Ward Six Fire Protection District No. One, Company No. Two Fire Station, 4775 Highway 27, DeQuincy

 

663 Ward Six Fire Protection District No. One, Company No. Three Fire Station, 3533 Highway 27, Sulphur

 

664Ward Six Fire Protection District No. One, Company No. Three Fire Station, 3533 Highway 27, Sulphur


            700                  Vinton City Hall, 1201 Horridge Street, Vinton

 

701Vinton Northside Middle School, 900 Horridge Street, Vinton


            702                  Vinton High School, 1603 Grace Street, Vinton

 

703Shaw Park Recreation Building, 1615 Horridge Street, Vinton


            760                  Ward Seven Fire Station, 2815 Foreman Road, Vinton


            761                  Ward Seven Fire Station, 2815 Foreman Road, Vinton

 

            762                  Edgerly Fire Station, 2205 Edgerly Road, Vinton


            800                  Iowa High School, 401 Miller Street, Iowa

 

801J. I. Watson Elementary School, 221 East First Street, Iowa

 

860LeBleu Settlement Elementary School, 6509 Highway 3059, Iowa

 

861 EWard Eight Fire Protection District No. Two Fire Station, 3395 Manchester Road, Manchester

 

861 WWard Eight Fire Protection District No. Two Fire Station, 3395 Manchester Road, Manchester

 

The polls will be open at six (6:00) o’clock a.m. and shall remain open until not later than eight (8:00) o’clock p.m. The said special election will be held substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. The officials appointed to hold the election or such substitutes therefor as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, will make due returns thereof to the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana. Voting machines will be used in the conduct of the election. All qualified electors of Calcasieu Parish, Louisiana, will be entitled to vote. No voter shall be required to sign a ballot or vote assessed valuation of property.

 

Notice is hereby given that on Thursday, the 20th day of July, 2006, at 5:30 o’clock p.m., the Police Jury will meet in open and public session at the regular meeting place of the Police Jury, the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, and will, then and there, examine and canvass the returns and declare the result of said election.

 

THUS DONE AND SIGNED in Lake Charles, Louisiana, by authority of a Resolution adopted by the Police Jury, acting as the governing authority of Calcasieu Parish, Louisiana, on the 4th day of May, 2006.


                                                                                                /s/ Michael E. Danahay, President

            ATTEST:                                                                     Police Jury

 

            /s/ S. Mark McMurry

            Parish Secretary

 

            SECTION 5. That the Secretary of the Police Jury is empowered, authorized and requested to cause to be published a public notice describing the geographic limits of the Parish, said publication to be made in the Lake Charles American Press, in the same edition as the Notice to Voters is published, pertaining to the special bond and tax election authorized herein.


            SECTION 6. The Secretary of the Police Jury be and he is hereby empowered, authorized and directed to arrange for furnishing said election officers, in ample time for holding of said election the necessary equipment, forms and other election paraphernalia essential to the proper holding of said election.


            SECTION 7. Application is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, in compliance with the requirements of Chapter 2, Title 47 of the Louisiana Revised Statutes of 1950, as amended, and in compliance with Article VI, Sections 29(A), 30, 32 and 33 of the Constitution of 1974 of the State of Louisiana, and other Constitutional and statutory authority supplemental thereto, for consent, approval and authority to hold the aforesaid election in Calcasieu Parish, Louisiana, under the provisions of Article VI, Sections 29(A), 30, 32 and 33, and Article VII, Section 26(E) of the Constitution of 1974 of the State of Louisiana, and of Subpart A and Subpart F of Part III of Chapter 4 of Title 39, and Part VI-B of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, and in the event such election carries, for its consent and authority to levy and collect the ad valorem and sales taxes therein provided, and to issue bonds to be retired with, paid from and secured by (i) gaming revenues received by the Parish pursuant to cooperative endeavor agreements; (ii) a sales and use tax of 1/4 of 1% within the limits of the Parish, and (iii) an ad valorem tax on all taxable property within the limits of the Parish, collectively sufficient in rate and amount to pay said bonds in principal and interest bonds in principal and interest as they respectively mature. The Secretary is empowered, authorized and requested to forward to the State Bond Commission a certified copy of this resolution which shall constitute a formal application to said Commission as herein provided.


            SECTION 8. A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and Regulations pertaining thereto (28 C.F.R. Part 51) shall be submitted to the United States Attorney General, for approval in compliance with the said Voting Rights Act, should such a submission be required.


            SECTION 9. Certified copies of this Resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Custodian of Voting Machines in and for the Parish of Calcasieu, and the Registrar of Voters, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as authorized and required by law.


            SECTION 10. All resolutions, ordinances, or orders in conflict herewith, be, to the extent of such conflict, and they are hereby repealed.


            Adopted and approved on this 4th day of May, 2006.


ATTEST:                                                                     /s/ MICHAEL E. DANAHAY, President


/s/ S. MARK McMURRY, Secretary


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


            Upon motion made by Mrs. Treme, which was duly seconded by Mr. McMillin and carried unanimously, the following resolution was adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 4th day of May, 2006, that it does hereby pledge and commit to the citizens and electorate of Calcasieu Parish that, no later than June 15, 2006, the Police Jury will adopt a resolution establishing a covenant with said citizens and electorate, the purpose of which shall be to identify and delineate to the fullest extent possible, the projects, improvements, allocations, and uses of the Revenue and Bond Proposition to be voted on at the July 15, 2006 election.


        BE IT FURTHER RESOLVED that said covenant resolution is intended to constitute