May 18, 2006
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 18, 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:
Mesdames Elizabeth Conway Griffin and 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., Hal McMillin, Cornie Moon, and Tony Stelly
Absent: Mr. Don Manuel
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. Collins which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.
President Danahay advised that bids would be received and opened at this time for Calcasieu Parish Project No. 2006-03 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana), and appropriate action would be taken thereon.
Mr. McMurry then proceeded to open the following bids:
Bessette Development $4,569,985.70
Prairie Contractors, Inc. $5,863,954.50
R. E. Heidt Construction Company, Inc. $4,360,560.39
W. E. McDonald & Son, LLC $5,826,549.00
There being no other bids, motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the bids be referred to the Parish Engineer for final tabulation, with further action thereon to be taken by the Police Jury at its next Regular Meeting on June 1, 2006.
Mrs. Treme presented certificates and a trophy to the following members and coaches of the Starks High School Softball Team for having recently won the Class C State Championship: Jacklyn Braneff, Andrea Stanley, Kelsey Bussell, Andrea Miller, Ashton Clark, Shayna Bussell, Amy Johnson, Lacey Hanks, Blayke Bowen, Baleigh Bussell, Gabby Miller, Leigh Clark, Jack Miller, Jessica Provost, Carolyn Givens and Ciara Bussell.
Coach Jack Miller of the Starks High School Softball Team spoke of the team’s accomplishment and thanked the Police Jury for recognizing them.
Motion was made by Mrs. Griffin and seconded by Dr. Mackey that the rules be suspended by a two-thirds majority vote to adopt a resolution amending the summary and proposition language contained in the resolution adopted by the Police Jury on May 4, 2006, calling an election for July 15, 2006.
Mr. McMurry advised that the State Bond Commission had deferred action on the Parish’s proposition at its meeting earlier on this date to allow the Police Jury to make minor technical amendments to the language of the proposition, as requested by the Bond Commission, to keep it in the format they prescribed. Mr. McMurry stated that the Police Jury would still be able to have the election on the July 15, 2006, election date, as originally proposed.
A vote was taken on the motion on the floor, and said motion carried unanimously; whereupon, the following resolution was adopted:
AMENDED 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; and
WHEREAS, on May 4, 2006, the Parish Police Jury called a special election for July 15, 2006, in order to submit to the electorate of the Parish a Proposition for development of infrastructure improvement to the Parish; and
WHEREAS, the staffs of the Louisiana Bond Commission and the Secretary of State requested modifications to the Proposition and approved the election call provided the modifications requested were adopted by the Parish Police Jury; and
WHEREAS, the modifications requested are of a minor technical nature and do not change the substance of the Proposition, and consequently are approved by the Parish Police Jury,
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, as amended:
PROPOSITION
SUMMARY: AUTHORITY FOR CALCASIEU PARISH, LOUISIANA, TO ACQUIRE AND/OR CONSTRUCT VARIOUS PUBLIC IMPROVEMENTS, ECONOMIC DEVELOPMENT PROJECTS, GOVERNMENTAL INFRASTRUCTURE FACILITIES AND OPERATIONS WITHIN SAID PARISH, TO BE FUNDED THROUGH ISSUANCE OF NOT EXCEEDING $200,000,000 IN BONDS TO BE SECURED BY AND PAYABLE FROM LEVY AND COLLECTION OF NEW 1/4 OF 1 % SALES TAX, AD VALOREM TAX AND GAMING REVENUES, COOPERATIVELY BETWEEN THE PARISH AND THE MUNICIPALITIES LOCATED THEREIN.
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 collection 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 and any limitation prescribed by the Constitution and statutes of the State of Louisiana, 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 18th 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 CONSTRUCT VARIOUS PUBLIC IMPROVEMENTS, ECONOMIC DEVELOPMENT PROJECTS, GOVERNMENTAL INFRASTRUCTURE FACILITIES AND OPERATIONS WITHIN SAID PARISH, TO BE FUNDED THROUGH ISSUANCE OF NOT EXCEEDING $200,000,000 IN BONDS TO BE SECURED BY AND PAYABLE FROM LEVY AND COLLECTION OF NEW 1/4 OF 1 % SALES TAX, AD VALOREM TAX AND GAMING REVENUES, COOPERATIVELY BETWEEN THE PARISH AND THE MUNICIPALITIES LOCATED THEREIN.
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 collection 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 and any limitation prescribed by the Constitution and statutes of the State of Louisiana, 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
300Ray D. Molo Middle School, 2300 Medora Street, Lake Charles
301Washington/Marion High School, 2802 Pineview Street, Lake Charles
302 Chateau 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
305Jessie D. Clifton Elementary School, 100 N. Prater Street, Lake Charles
306Drew 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
310Calcasieu 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
325Prien 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 18th day of May, 2006.
ATTEST: /s/ Michael E. Danahay, President
Calcasieu Parish 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 18th day of May, 2006.
ATTEST:
/s/ MICHAEL E. DANAHAY, President
/s/ S. MARK McMURRY, Secretary
* * * * * * * * * * * *
Motion was made by Mr. Andrepont, seconded by Mr. Guillory and carried unanimously that issuance of the following Special Events Permit be ratified:
Type A permit to allow alcoholic beverages for the special event:
2006 COWBOY FOOTBALL FEST (McNeese State University)
June 16, 17, 2006
Burton Memorial Coliseum
7001 Gulf Hwy, Lake Charles, LA 70607
J. Thomas Tate - Organizer and Football Coach
(Chris Landry’s District)
* * * * * * * * * * * *
Upon motion made by Mr. McMillin, which was duly seconded by Mrs. Griffin and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated April 20, 2006, were approved, and the reading of same was dispensed with.
President Danahay advised that action was needed on RA08-002-06 which was a request by Merrick DeJean, Jr., to abandon an unnamed road approximately 1,317 feet located off of Hardee Road in Ward Eight (Police Jury District 10, Mr. Stelly). He further advised that the Planning and Zoning Board had met on Tuesday, May 16, 2006, and voted unanimously to recommend that the request be granted without any stipulations. President Danahay also advised that the staff recommended the following stipulations: (1) that the abandonment be subject to an easement provided by Mr. Merrick DeJean, Jr., to L. Donald Foreman providing access to his property; and (2) that this document must be recorded within thirty days of abandonment at the Calcasieu Parish Clerk of Court’s Office.
Motion was made by Mr. Stelly and seconded by Mr. Collins that the recommendation of the Planning and Zoning Board be upheld with respect to RA08-002-06 with the stipulations outlined by the staff.
Mr. Allen Smith, general counsel to the Police Jury, advised that Mr. Foreman lived next to the property on which the abandonment was being requested, and he had asked that he be given a right of passage when the abandonment was finalized, however, it turned out that Mr. Foreman had access to his property from another road, and he had called to say he did not need the easement from Mr. DeJean.
Mr. Stelly amended his motion, and Mr. Collins accepted said amendment, to exclude the stipulations recommended by the staff, since they were no longer necessary. A vote taken on the motion as amended carried unanimously; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of May, 2006, that it does hereby abandon the road right-of-way for an unnamed road off of Hardee Road (approximately 1,317 feet) in Ward Eight of Calcasieu Parish, Louisiana, as requested by Merrick DeJean, Jr. and recommended by the Calcasieu Parish Planning and Zoning Board, on the property described as:
50’ right-of-way located on the north side of Lot 10 of Bon Terre Part IV recorded in Conveyance Book 122, Page 403, of the records of the Calcasieu Parish Clerk of Court.
RA08-002-06
BE IT FURTHER AND FINALLY RESOLVED that the above public road right-of-way set forth above is hereby declared officially abandoned with one-half of said abandoned road right-of-way reverting to the abutting property owners as prescribed by law.
THUS PASSED AND ADOPTED on the date above inscribed.
* * * * * * * * * * * *
President Danahay advised that action was needed on RZ04-014-06 which was a request by Tulco II, LLC, to rezone from C-2 (General Commercial) to I-1 (Light Industrial) to allow a dry storage warehouse facility at 360 North Hazel Street in Ward Four (Police Jury District 15, Mr. Danahay). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, May 16, 2006, 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 a landscaping plan for the north and west property lines be submitted and approved by the Division of Planning and Development.
Motion was made by Mr. Clement, seconded by Mr. Collins and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ04-014-06 and that the request to rezone be granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5107
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Tulco II, LLC to rezone from C-2 (General Commercial) to I-1 (Light Industrial) to allow a dry storage warehouse facility on the property described as: Lot 16 of Perkins Heirs and the E 75 ft of Lot 17 of Perkins Heirs.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of May, 2006, 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 Four of this parish:
From C-2 (General Commercial) to I-1 (Light Industrial) to allow a dry storage warehouse facility 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 a landscaping plan for the north and west property lines be submitted and approved by the Division of Planning and Development, on the property described as: Lot 16 of Perkins Heirs and the E 75 ft of Lot 17 of Perkins Heirs.
Zoning Case RZ04-014-06
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/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Danahay advised that action was needed on RZ04-015-06 which was a request by Eagle Electric Machinery, Inc., to rezone from C-2 (General Commercial) to I-1 (Light Industrial) to allow future expansion of an existing dry storage warehouse facility at 3248 East Napoleon Street in Ward Four (Police Jury District 15, Mr. Danahay). President Danahay further advised that the Planning and Zoning Board had met on Tuesday, May 16, 2006, 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 a landscaping plan for the north property line be submitted and approved by the Division of Planning and Development.
Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to RZ04-015-06, and the request to rezone was granted with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5108
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Eagle Electric Machinery, Inc. to rezone from C-2 (General Commercial) to I-1 (Light Industrial) to allow future expansion of an existing dry storage warehouse facility on the property described as: Com on the S row line of U.S. Hwy 90 at a point 507 feet E of the W line of the NW/4, S31, T9S, R9W, thence E 158.8 feet, thence S 527 feet, thence W 208.8 feet, thence N 227 feet, thence E 50 feet, thence N 300 feet to the poc.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of May, 2006, 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 Four of this parish:
From C-2 (General Commercial) to I-1 (Light Industrial) to allow future expansion of an existing dry storage warehouse facility 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 a landscaping plan for the north property line be submitted and approved by the Division of Planning and Development, on the property described as: Com on the S row line of U.S. Hwy 90 at a point 507 feet E of the W line of the NW/4, S31, T9S, R9W, thence E 158.8 feet, thence S 527 feet, thence W 208.8 feet, thence N 227 feet, thence E 50 feet, thence N 300 feet to the poc.
Zoning Case RZ04-015-06
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/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Danahay advised that action was needed on RZ03-016–06 which was a request by H & N, LLC, to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development on Joe LeDoux Road in Ward Three (Police Jury District 8, Mr. Brame). He further advised that the Planning and Zoning Board had met on Tuesday, May 16, 2006, 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 structure comply with the 110-mph windload requirement.
It was moved by Mr. Brame, seconded by Dr. Mackey and carried unanimously to uphold the recommendation of the Planning and Zoning Board with respect to RZ03-016-06 and to grant the request to rezone with the stipulations outlined by said Board; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5109
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by H & N, LLC to rezone from I-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development on the property described as:
Com at the SE cor of the SE/4 of the SW/4 of S15, T11S, R9W, Calcasieu Parish, Louisiana; thence N 89 degs 59’ 33” W, along the S line of said SE/4 of SW/4, a distance of 400.0 feet to the pob; thence continue N 89 degs 59’ 33” W, along said S line, a distance of 200.0 feet to a point and corner; thence N 0 degs 08’ 00” W, parallel to the E line of said SE/4 of SW/4, a distance of 217.8 feet to a point and corner; thence S 89 degs 59’ 33” E, a distance of 200.0 feet; S 0 degs 08’ 00” E, a distance of 217.8 to the pob, containing 1.0 acres, m/l subject to a 30 foot public road right of way along the South side thereof and subject to any right of way, servitudes or easements recorded or unrecorded.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of May, 2006, 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-2 (Heavy Industrial) to A-1 (Agricultural) to allow residential development 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 structure comply with the 110 mph windload requirement., on the property described as: Com at the SE cor of the SE/4 of the SW/4 of S15, T11S, R9W, Calcasieu Parish, Louisiana; thence N 89 degs 59’ 33” W, along the S line of said SE/4 of SW/4, a distance of 400.0 feet to the pob; thence continue N 89 degs 59’ 33” W, along said S line, a distance of 200.0 feet to a point and corner; thence N 0 degs 08’ 00” W, parallel to the E line of said SE/4 of SW/4, a distance of 217.8 feet to a point and corner; thence S 89 degs 59’ 33” E, a distance of 200.0 feet; S 0 degs 08’ 00” E, a distance of 217.8 to the pob, containing 1.0 acres, m/l subject to a 30 foot public road right of way along the South side thereof and subject to any right of way, servitudes or easements recorded or unrecorded.
Zoning Case RZ03-016-06
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/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Danahay advised that a report would be received at this time from Allen Smith, General Counsel to the Police Jury, with reference to residential development without public road frontage off of Cormier Road in Ward Seven. Mr. Smith stated that he was happy to report that all of the property owners had returned the signed affidavit except for Phillip Parker and Gabrielle Marie Stewart who were the persons buying property together. Mr. Smith advised that he planned to amend the affidavit to add that the restriction against further subdividing the lots would only apply until such time as the road became a public road.
Mr. James King, 304 Kenneth Street, Vinton, appeared before the Police Jury and stated that he thought everyone would sign the affidavit with the amended wording.
Motion was made by Mrs. Griffin, seconded by Mr. Moon and carried unanimously that the report given by legal counsel be received.
Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Collins and carried unanimously, the following resolution was adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Russell and Michelle Pawlowski to clear and grub a 185 feet wide by 480 feet long area and redeposit approximately 600 cubic yards of onsite graded material within low areas as required to provide elevations and/or contours for the construction of a single-family residence, driveway, and lawn area. Project implementation would impact approximately 0.4 acres of jurisdictional wetlands. Said project is located on Lot 4 of Gardenwood Subdivision, Part 5, in Moss Bluff, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Russell and Michelle Pawlowski relative to their compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of May, 2006, that it does hereby indicate no objection to the proposal of Russell and Michelle Pawlowski to clear and grub a 185 feet wide by 480 feet long area and redeposit approximately 600 cubic yards of onsite graded material within low areas as required to provide elevations and/or contours for the construction of a single-family residence, driveway, and lawn area. Project implementation would impact approximately 0.4 acres of jurisdictional wetlands. Said project is located on Lot 4 of Gardenwood Subdivision, Part 5, in Moss Bluff, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mr. Moon, seconded by Mr. Andrepont and carried unanimously to adopt the following resolution:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Aaron Champagne to clear, grub and grade a 4.1 acre tract, and deposit as fill approximately 3,310 cubic yards of on-site graded earthen material and 1,280 cubic yards of hauled-in limestone aggregate, all to construct a 14 unit residential duplex, with associated access roads and parking areas. Project implementation would impact approximately 1.4 acres of wetlands. Said project is located on a vacant lot on Stafford Road, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Aaron Champagne relative to his compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, Zoning Case RZ01-013-06 was reviewed and denied by the Police Jury at its Regular Meeting on April 20, 2006, which was a request by Kenneth R. Comeaux to rezone the above described property from R-2 (Mixed Residential) to R-M (Multi-Family Residential) to allow 14 duplexes; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is cause for objection to the permit application based on the fact that the current zoning classification of R-2 (Mixed Residential) prohibits development and construction of residential duplexes.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 18th day of May, 2006, that it does hereby object to the proposal of Aaron Champagne to clear, grub and grade a 4.1 acre tract, and deposit as fill approximately 3,310 cubic yards of on-site graded earthen material and 1,280 cubic yards of hauled-in limestone aggregate, all to construct a 14 unit residential duplex, with associated access roads and parking areas. Project implementation would impact approximately 1.4 acres of wetlands. Said project is located on a vacant lot on Stafford Road, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the position of the Police Jury in objecting to this permit application is based on the fact that the current zoning classification of R-2 (Mixed Residential) prohibits development and construction of residential duplexes.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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With reference to the foregoing resolution and in answer to a question by Mr. Landry, Mr. Vickers explained that this property was recently subject to a zoning hearing and that both the Planning and Zoning Board and the Police Jury voted to deny the rezoning request, therefore, the property could not be developed into duplexes under the current zoning.
Motion was made by Mr. Stelly and seconded by Mr. Collins that the Division of Planning and Development be authorized to draft a proposed ordinance to license and regulate the moving of houses and manufactured homes in the unincorporated areas of Calcasieu Parish.
Mr. Stelly explained that there had been problems throughout the Parish with house and mobile home movers working without permits, dropping mobile homes off on vacant property, etc., and he had asked Mr. Vickers to come up with a plan or fee to regulate these movers so their work could be tracked.
Mr. Vickers advised that most of the local mobile home dealers had movers that were very legitimate and did their work in a professional manner, however, the business was unregulated, and there were a few people who were doing it as a side job, and these were the people the Parish was having problems with. Mr. Vickers stated that the people who were doing things correctly needed the proper licenses to legitimize their businesses, and he recommended taking the necessary steps to require all house and mobile home movers to be licensed.
Mrs. Griffin asked if this problem had arisen since Hurricane Rita, and Mr. Vickers stated that while it was not an everyday problem, there had been several instances after the storm, and one prior to the storm, whereby the owners of junked trailers did not want to go to the expense of hauling them to the landfill, so they would just dump them on a vacant piece of property.
Following a brief discussion, Mr. Stelly amended his motion, and Mr. Collins (who seconded the motion) agreed to said amendment, to include escort service providers.
A vote was then taken on the motion as amended which was to authorize the Division of Planning and Development to draft a proposed ordinance to license and regulate the moving of houses and manufactured homes, and associated escort service providers, in the unincorporated areas of Calcasieu Parish, and said motion carried unanimously.
The hour being 6:00 p.m., President Danahay advised that a public hearing would be held at this time, 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 imminent danger of collapse and constituting a menace to public safety due to damages sustained from Hurricane Rita:
Ward 1
Hennigan Road, Lot N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one (1) manufactured home
735 North Perkins Ferry Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one (1) house
351 Wildflower Lane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one (1) manufactured home
7311 East Highway 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .one (1) house
7726 Oliver Hayes Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one (1) house