/s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 1^st day of June, 2006, that it does hereby acknowledge that the annual Municipal Water Pollution (MWPP) audit has been conducted for the Sewerage District No. Eleven of Ward Three Wastewater Treatment Plant, as required by Louisiana Pollutant Discharge Elimination System (LPDES) Permit Number LA 0074357.

            BE IT FURTHER RESOLVED that Sewerage District No. Eleven of Ward Three treatment plant modifications and maintenance/repair record keeping, as noted in the MWPP audit report, will continue to be improved and implemented.

            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

            THUS DONE AND PASSED on the date above inscribed.

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

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 1^st day of June, 2006, that it does hereby request that Choupique Bayou, from State Highway 27 to Intracoastal Canal, be cleaned.

            BE IF FURTHER RESOLVED that a certified copy of this Resolution be forwarded to all members of the Louisiana Congressional Delegation for consideration and assistance in this matter.

        THUS DONE AND PASSED on the date above inscribed.

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

            With respect to Recommendation No. 1 of the Public Works Committee wherein FEMA was requested to have representatives at the Police Jury meetings on June 1, June 15, and June 29, to provide updates regarding debris removal, Ms. Sherry Bodin, FEMA’s District Manager of debris operations for Southwest Louisiana, appeared before the Police Jury at this time to provide such update. She distributed copies of a spreadsheet which showed the status of the private property debris removal (PPDR) and demolition programs in Calcasieu, Cameron, Iberia, St. Mary, and Vermillion parishes.

            Ms. Bodin pointed out that there were a total of 2,237 PPDR’s in Calcasieu, of which 1,385 had been completed, for a remainder of 852. She stated that of the 393 demolitions which were necessitated by the storm, 67 had been completed, for a total of 326 remaining to be done. Ms. Bodin pointed out that FEMA was committed to having all work in Calcasieu Parish completed by the June 30, 2006, deadline and that there were six demotion teams, as well as 14 PPDR teams, currently working in the Parish.

            In answer to a question by Mr. Clement, Ms. Bodin explained that the State Historical Preservation Organization (SHPO) was required to do an evaluation of every piece of property on the PPDR and demolition lists and that it took approximately 10-12 days to receive confirmation from the SHPO before FEMA could proceed with the work.

            Mr. Clement asked Ms. Bodin if she felt certain the work could be completed by the June 30^th deadline, to which she responded with great certainty that it could be done. Ms. Bodin further stated that at the current time, there were 30 FEMA monitors in the Parish, and 10 more would soon be added, and she felt that inclement weather would be the only factor that would hold them up.

            Mr. McMillin stated that Crowder Gulf, the Corps of Engineers’ sub-contractor for debris removal, felt that the necessary work to clean the Parish could not be completed by the deadline. He asked for an update at the next meeting of the Police Jury.

            Mr. McMurry brought up the issue of the Deatonville Canal and the need for getting the debris cleared out of that area. He stated that the Parish had received different answers on how to go about doing that, and one of the last things they had been told was that if the Parish signed a blanket right-of-entry for the canal, it would be cleaned up, however, that idea had been “pulled from the table”.

            Mr. David Phillips, Acting Director of FEMA’s local field office, appeared before the Police Jury and stated that FEMA had been “stumped” over this issue due to the inability to determine ownership of the canal. Mr. Phillips stated that it was not considered a navigable waterway, and there was no history of it ever having been dredged by virtue of a Corps of Engineers permit. He further stated that having someone identify themselves as the owner and applicant (for cleaning) was a key requirement in getting the canal cleaned, however, this would also place a certain amount of burden on said individual(s) from the standpoint of making things right with the Corps, as well as any liability issues surrounding the canal.

            Mr. McMurry stated that it was the staff’s understanding that in Cameron Parish, a blanket right-of-entry had been done for the whole parish, and he questioned why Calcasieu Parish could not sign a right-of-entry for the canal to have it cleaned up.

            Mr. Phillips advised that canals were part of a different process in that they did not open into a navigable waterway, and there were many opinions on this particular question. He suggested that the Parish come forward with its proposal, and FEMA would get with its attorneys to see if the problem could be remedied.

            Mr. McMurry stated that after research, the staff had determined that heirs of the Deatonville area had ownership of the canal, many of whom were absent from the area and/or state. He also stated that he thought the option of the Parish signing a right-of-entry on its own behalf to clean the canal had been removed from consideration. Mr. Phillips advised that FEMA could look at it again and that the process started with an applicant or owner.

            Mr. Manuel asked how long it took to remove a FEMA travel trailer after it was no longer needed. Mr. Phillips advised that this was more difficult than actual delivery of the trailers due to contractual reasons in that the contracts with Fluor for installation and maintenance of the trailers had expired, and they were in a transition between contractors. Mr. Phillips further advised that a contract had been entered into with 14 local contractors to deactivate the trailers.

            Mr. Manuel stated that he had received calls about trailers that had been needed to be removed for two months, and Mr. Phillips advised that FEMA’s emphasis was still on getting approximately 200 trailers to people who needed them.

            Mr. Manuel stated that there were approximately 10-15 piles of debris in his district that had been there for a considerable amount of time, in areas which he was told had been closed out, and he asked what would happen in these situations. Ms. Bodin explained that FEMA did not sign off on anything until it was completely cleaned, and she wanted to know about all of these types of locations so that she could create a punch list about two weeks prior to the deadline. Ms. Bodin did point out that the Corps had to wait until there was a sufficient number of stumps for a full load before sending a truck out.

            In answer to a question by Mr. Guillory on the number of PPDR’s being done daily, Ms. Bodin stated that the Corps would “ramp up” to whatever was needed and would know how many crews they would need in order to complete the demolitions.

            Mr. Clement stated that he felt the problem with cleaning the Deatonville canal was confusion over the definition of a navigable waterway being a waterway used for commerce. He pointed out that no debris was being picked up in Big Lake.

            Mr. Phillips explained the difference between a commercial waterway and a navigable waterway, and Mr. Clement asked if the Louisiana Department of Environmental Quality (LDEQ) and/or the Environmental Protection Agency (EPA) was responsible for cleanup. Mr. McMurry advised that it was his understanding that both agencies had been to the Deatonville area and that the question of ownership was the key to solving the problem. Mr. McMurry stated that if the Parish could not get anyone to clean it up, perhaps its Public Works Department could at least remove potential safety hazards and clean it to a stage where it was navigable.

            Mr. Guidry asked if the Parish would assume liability for the canal if it became the applicant for clean-up, and Mr. Ed McGuire, general counsel, stated that the Police Jury would not want to declare ownership and could not because it did not own the canal, but instead, sign a blanket right-of-entry.

            Mr. McMurry stated that sometimes, regardless of liability, the Parish had to attempt to effectively solve a problem and that there was definitely a safety problem in the Deatonville area because of the storm debris.

            Mr. Brame asked about the status of debris removal on state rights-of-way, and Mr. Brad Hodges appeared before the Police Jury on behalf of the State Department of Transportation and Development (DOTD) and advised that FEMA had asked that all State roadsides and ditches be checked to see what was left to be picked up. Mr. Brame stated that there was a lot of debris on State highways in the Deatonville area and Country Club Road areas, and he asked for an update from the State in a couple of weeks.

            Mr. Stelly asked who would make a determination as to whether commercial debris on Highways 90 and 397 was eligible to be picked up under the debris removal program, and Mr. Hodges stated that FEMA would make that determination. Ms. Bodin advised that FEMA would authorize pickup of said debris.

            In answer to a question by Mr. Stelly, Ms. Bodin stated that FEMA still had crews working seven days a week in Calcasieu Parish. She further stated that the contractors had told the Corps that at a “drop of the hat” they could ramp up and that she remained confident of meeting the June 30, 2006, deadline for completion of the debris removal program in Calcasieu Parish. Ms. Bodin gave the jurors her phone number, 832-851-4657, to call if they had questions or issues in their areas with which she could help.

            Mr. Phillips stated that a long-term recovery office was being established by FEMA in Calcasieu Parish with employees from the Parish, many of whom were victims of Hurricane Rita and living in FEMA travel trailers themselves. Mr. Phillips assured the jurors that they would continue to have a presence in the area until all of the travel trailers were deactivated and picked up, and Hurricane Rita was “put to bed”.

            With respect to Recommendation No. 2 of the Public Works Committee as outlined heretofore, Mr. McMillin stated that he had received several calls about SRS, the contractor who would be taking Fluor’s place, not planning to hire locally.

            Motion was made by Mr. McMillin, seconded by Mr. Manuel and carried unanimously that the following resolution be adopted:

RESOLUTION

            WHEREAS, the contract between the Federal Emergency Management Agency (hereinafter referred to as “FEMA”) and Fluor Corporation (hereinafter referred to as “Fluor”) to maintain temporary housing units for persons displaced by Hurricane Rita will expire on June 30, 2006, and SRS, Inc., was awarded the contract to provide maintenance after said date; and

            WHEREAS, Fluor and its maintenance subsidiaries employed a large number of local residents who may be displaced by demobilization of said company; and

            WHEREAS, the local hires are already familiar with the region’s geography, as well as the specific structures that are being utilized as temporary housing units; and

            WHEREAS, the Police Jury does not want to disrupt the continuity of maintenance services, nor does the Police Jury wish to have many of its citizens lose jobs and benefits due to a contractual change by FEMA.

            NOW, THEREFORE,

        BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 1^st day of June, 2006, that it does hereby encourage SRS, Inc. to utilize local labor to the greatest extent possible in conjunction with said company’s contract to maintain temporary housing units in Calcasieu Parish, and more particularly, to hire the employees of Fluor and its subsidiaries who have been displaced by the demobilization of said company.

            THUS DONE AND PASSED on this 1^st day of June, 2006.

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

            Upon recommendation by Mr. Vickers, motion was made by Mr. Stelly, seconded by Mr. Collins and carried unanimously that the following resolution be adopted:

RESOLUTION

            WHEREAS, Spring Crossing, L.L.C. subdivided certain property in Ward Three of Calcasieu Parish, Louisiana, known as Spring Crossing Subdivision Part Two, a subdivision in Section 31, Township 10 South, Range 8 West, Calcasieu Parish, Louisiana; and

            WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and

            WHEREAS, said subdivision plat was prepared by D.W. Jessen, Jr., P.L.S., Registered Land Surveyor No. 4646, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

            WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on June 5, 2006, and will bear File No. 2761646.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 1^st day of June, 2006, that it does hereby officially accept the plat of Spring Crossing Subdivision Part Two in Ward Three of Calcasieu Parish, Louisiana, including East Kade Lane located within said subdivision, for future maintenance by the Parish.

            THUS DONE AND PASSED on the date above inscribed.

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

            President Danahay advised that a report would be received at this time from the Planning Staff relative to building codes in Calcasieu Parish. Mr. Vickers stated that the Legislature had enacted legislation requiring parishes to start enforcing the wind load and flood mitigation requirements in the most current version of the international building code but that there was some confusion as to whether that meant the 2003 code or the 2006 code. Mr. Vickers further stated that the Code Council established by Act 12 of the Louisiana Legislature needed to determine which version they wanted local bodies to enact so there would be some uniformity between parishes in the State.

            Mr. Vickers advised that the 2006 version would probably enlarge the wind load area to include most if not all of the Parish and in answer to a question by Mr. Clement, Mr. Vickers stated that he thought if permits had been issued for work prior to a change in the code, that construction would follow the code in effect at the time the permits were issued. Mr. Vickers further stated that older construction which did not meet the elevation requirements of the new code would probably require flood insurance.

            Motion was made by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously that the report as presented by the Division of Planning and Development be accepted.

            It was moved by Mrs. Griffin, seconded by Mr. Moon and carried unanimously to adopt the following ordinance to rescind Ordinance No. 4818, due to the fact that the structure which had been condemned by virtue of said ordinance had been removed:

ORDINANCE NO. 5113

AN ORDINANCE rescinding Ordinance No. 4818, adopted by the Police Jury on October 21, 2004, which ordered demolition of one house and one pool on property located at 7605 Debbie Lane (Lot 67, Garden Heights Subdivision, Part 3; Tax Assessment No. 00472212), South Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by James Allen Dykes.

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 1^st day of June, 2006, that it does hereby rescind Ordinance No. 4818, adopted by the Police Jury on October 21, 2004, and filed in the Calcasieu Parish Clerk of Court’s office on October 29, 2004 (File No. 2693521, Conveyance Book No. 3128, Page 314 and File No. 2693521, Mortgage Book No. 2918, Page 3), which ordered demolition of one house and one pool on property located at 7605 Debbie Lane (Lot 67, Garden Heights Subdivision, Part 3; Tax Assessment No. 00472212), South Lake Charles area of Ward Three, Calcasieu Parish, Louisiana, and currently owned by James Allen Dykes, due to the fact that said structure has been removed.

            BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.

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

            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

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

            Motion was made by Mr. Collins and seconded by Mrs. Griffin to adopt a resolution amending the Calcasieu Parish Fee Schedule to establish a Building Reinspection Fee of $25.00 for those structures located in the High Wind Load area and to change all other established reinspection fees for plumbing and electrical in order to conform to the proposed reinspection fee ($25.00).

            In answer to a question by Mr. Stelly, Mr. Vickers explained that a fee needed to be established for reinspections in the High Wind Load area and that the established reinspection fees for plumbing and electrical were outdated given the increase in cost of gasoline, so he proposed a uniform reinspection fee of $25.00.

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

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 1^st day of June, 2006, that it does hereby amend the Calcasieu Parish Fee Schedule to establish a Building Reinspection Fee ($25.00) for those structures located in the High Wind Load area and to change all other established reinspection fees for plumbing and electrical in order to conform to the proposed reinspection fee ($25.00).

        THUS DONE AND PASSED on the date above inscribed.

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

            Upon motion made by Mr. Manuel, which was duly seconded by Mr. Stelly 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 1^st day of June, 2006, that it does hereby approve a Joint Services Agreement between the Police Jury and the Town of Iowa for building inspection services at a cost of $35.00 per inspection. 

            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

            THUS DONE AND PASSED on the date above inscribed.

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

            It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously to adopt the following resolution:

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 1^st day of June, 2006, that it does hereby approve an agreement between the Police Jury and Shaw Environmental, Inc. to provide consultation on a FEMA Acquisition/Elevation Grant Project #1603 & #1607 (Grant Amount $8,500,000) for mitigation projects, and ratifying the execution of said agreement by the President of the Police Jury.

            BE IT FURTHER AND FINALLY RESOLVED that the President of the Police Jury, or his designee, when appropriate, is authorized to execute all documents related thereto.

            THUS DONE AND PASSED on the date above inscribed.

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

            Motion was made by Mr. Andrepont, seconded by Mr. Brame and carried unanimously that the following resolution be 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 Stream Property Management to clear, grade, excavate, and deposit approximately 500,000 cubic yards of on-site earthen fill material to facilitate construction of access roads, homesites, a club and practice area, network of subsurface drainage, golf course fairways, and greens all to develop the “Graywood North” residential and golf course development. Implementation of the proposed project would take place on a 335-acre site, of which 70.20 acres are jurisdictional wetlands that would be directly impacted. Said project adjoins the north side of existing Graywood Master Plan Community located off Big Lake Road, in Lake Charles, in Calcasieu Parish, Louisiana; and

            WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Stream Property Management 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 1^st day of June, 2006, that it does hereby indicate no objection to the proposal of Stream Property Management to clear grade, excavate, and deposit approximately 500,000 cubic yards of on-site earthen fill material to facilitate construction of access roads, homesites, a club and practice area, network of subsurface drainage, golf course fairways, and greens all to develop the “Graywood North” residential and golf course development. Implementation of the proposed project would take place on a 335-acre site, of which 70.20 acres are jurisdictional wetlands that would be directly impacted. Said project adjoins the north side of existing Graywood Master Plan Community located off Big Lake Road, in Lake Charles, in Calcasieu Parish, Louisiana; .

            BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

            BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.

            THUS PASSED AND ADOPTED on the date above inscribed.

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

            Upon motion made by Mr. Landry, which was duly seconded by Mrs. Griffin and carried unanimously, the recommendations of the Director of the Division of Planning and Development were approved in reference to the Surplus Adjudicated Property Sale conducted on May 23, 2006, on the following cases, and ordinances were adopted with respect to each piece of property as applicable:

AP03-321-06 (VE Washington Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,000.00 by Mr. Ronnie Ray Miller be accepted.

AP03-322-06 (Opelousas Street and Lyons Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $6,100.00 by Ms. Priscilla Ceasar be accepted.

AP04-323-06 (Cities Service Highway-vacant) (Police Jury District 15, Mr. Danahay)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $12,500.00 by Ms. Gladys Wojcik be accepted.

AP06-324-06 (Corner of Washington and MLK Street-vacant lot) (Police Jury Dist. 11, Mrs. Treme)

No bids were received; therefore, this property will be readvertised on June’s adjudicated property list.

AP07-325-06 (Fancher Street-vacant lot) (Police Jury District 12, Mr. Clement)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $6,000.00 by Ms. Mary Brown Guillory be accepted.

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

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

ORDINANCE NO. 5114

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 13 Blk 2 Broad Sub of Haskell and Ryan Sub; (AP03-321-06; Tax Assessment No. 587966); 700 Block of VE Washington Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Ronnie Ray Miller, his designated agent, or assignee for the consideration of $2,000.00 (two thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

        WHEREAS, the Parish of Calcasieu owns property described as: Lot 13 Blk 2 Broad Sub of Haskell and Ryan Sub; (AP03-321-06; Tax Assessment No. 587966); 700 Block of VE Washington Street - vacant lot in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

        WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

        WHEREAS, a request has been received by the Division of Planning & Development from Mr. Ronnie Ray Miller, to purchase said property for the consideration of $2,000.00 (two thousand dollars) cash, at the time of sale; and

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

        WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Ronnie Ray Miller, for the offered consideration.

        NOW, THEREFORE,

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 1^st day of June, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

        Section 1.       The property described as: Lot 13 Blk 2 Broad Sub of Haskell and Ryan Sub; (AP03-321-06; Tax Assessment No. 587966); 700 Block of VE Washington Street - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

            Section 2.       Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Mr. Ronnie Ray Miller, his designated agent, or assignee for and in consideration of $2,000.00 (two thousand dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

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

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

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

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

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

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

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

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

            This ordinance was adopted on the 1^st day of June, 2006.

                                                                                    /s/ Michael E. Danahay, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5115

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com SW Cor of Blk 28 Nix Add N 50 ft E 150 ft etc.; (AP03-322-06; Tax Assessment No. 754269); NE Corner of Opelousas and Lyons Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Priscilla Ceasar, her designated agent, or assignee for the consideration of $6,100.00 (six thousand one hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

        WHEREAS, the Parish of Calcasieu owns property described as: Com SW Cor of Blk 28 Nix Add N 50 ft E 150 ft etc.; (AP03-322-06; Tax Assessment No. 754269); NE Corner of Opelousas and Lyons Street - vacant lot in Ward Three, said property having been adjudicated to the Parish for unpaid property taxes; and

        WHEREAS, all Members of the Local Services Agreement have recommended that the property be declared surplus and no longer needed for public purposes; and

        WHEREAS, a request has been received by the Division of Planning & Development from Ms. Priscilla Ceasar, to purchase said property for the consideration of $6,100.00 (six thousand one hundred dollars) cash, at the time of sale; and

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

        WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Ms. Priscilla Ceasar, for the offered consideration.

        NOW, THEREFORE,

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in regular session on the 1^st day of June, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

        Section 1.       The property described as: Com SW Cor of Blk 28 Nix Add N 50 ft E 150 ft etc.; (AP03-322-06; Tax Assessment No. 754269); NE Corner of Opelousas and Lyons Street - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

            Section 2.       Ten days after the final adoption of this ordinance, if no restraining order has been obtained, the President or the Director of the Division of Planning & Development, is authorized to execute an act of cash sale in which the Parish of Calcasieu conveys the above described property to Ms. Priscilla Ceasar, her designated agent, or assignee for and in consideration of $6,100.00 (six thousand one hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

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

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

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

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

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