December 7, 2006
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 7, 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. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Kevin Guidry, Tony Guillory, Chris Landry, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly
Absent: None
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.
President Danahay called the meeting to order. The invocation was pronounced by Cub Master Frank Williams which was followed by the Pledge of Allegiance led by Cub Scout Troop #23. The roll was called with the result being as outlined above.
Mr. Andrepont was granted a point of personal privilege to encourage everyone to support the Sulphur Tors Football Team who would be competing in the Superdome in New Orleans against Acadiana High School for the State Championship, and he distributed caps to each of the jurors.
Mr. McMillin was granted a point of personal privilege to introduce Mr. Bill Koehl who was at Pearl Harbor when the Japanese attack occurred on this date 65 years ago. Mr. McMillin and Mr. Guidry presented a plaque expressing the Police Jury’s recognition and appreciation for Mr. Koehl’s military efforts in helping to keep America free.
Mr. Koehl thanked the Police Jury for this honor, pointing out that World War II was not an easy time and that the country was divided, much like it was today, but he guessed it always would be and felt that was perhaps a good thing.
Upon motion made by Mrs. Griffin, which was duly seconded by Dr. Mackey and carried unanimously, the following applications for liquor and beer permits were approved, and the issuance of the following Special Events Permit was ratified:
WARD I
Sara of Washington, Inc.
Harry L. Shaheen, Jr. – Director
STAR DUST CASINO
1922 Sam Houston Jones Prkwy
Lake Charles, LA 70611 Liquor & Beer – ‘2007 135.00
(Don Manuel’s District)
Market Basket Stores, Inc.
Skylar Thompson – Pres.
MARKET BASKET #27
362 Sam Houston Jones Prkwy
Lake Charles, LA 70611 Liquor & Beer – Pkg. – ‘2007 75.00
(Don Manuel’s District)
WARD III
Chardele Enterprises, Inc.
Charles Natali – Pres.
COWBOY UP GRILL & SALOON
520 Hwy 397
Lake Charles, LA 70615 Liquor & Beer – ‘2007 168.75
(Calvin Collins’ District)
Eddie Lewis d/b/a
POONIE’S FESTIVAL CITY
4010 Goodman Lane
Lake Charles, LA 70601 Liquor & Beer – ‘2007 168.75
(Calvin Collins’ District)
WARD IV
Circle K Stores, Inc.
Charles Michael Parker- Director
CIRCLE K #426
2901 Hwy 90 East
Westlake, LA 70669 Liquor & Beer – Pkg. – ‘2007 75.00
(Mike Danahay’s District)
Circle K Stores, Inc.
Charles Michael Parker – Director
CIRCLE K # 8336
4501 Hwy 27
Sulphur, LA 70665 Liquor & Beer – Pkg. – ‘2007 75.00
(Mike Danahay’s District)
WARD VII
Delta Town Truck Stop & Motel, LLC
Jacob Thomas – Member
DELTA TOWN TRUCK STOP C-STORE
2470-A Toomey Road
Vinton, LA 70668 Liquor & Beer – Pkg. – ‘2007 93.75
(Brent Clement’s District)
WARD VIII
Chaisson Feed & Supply, Inc.
Mohammad Amin Lakhani – Pres.
CHAISSON GROCERY
2198 Claude Hebert Road
Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2007 75.00
(Tony Stelly’s District)
Philip J. Glorioso, Jr. d/b/a
JRT QUICK STOP
2679 Hwy 397
Lake Charles, LA 70615 Liquor & Beer – Pkg. – ‘2007 93.75
(Tony Stelly’s District)
Philip J. Glorioso, Jr. d/b/a
JRT’S QUICK STOP (Café)
2679-B Hwy. 397
Lake Charles, LA 70615 Beer – ‘2007 43.75
(Tony Stelly’s District)
TOTAL REMITTANCE: 1,003.75
Type B permit to allow the sale of alcoholic beverages for the special event:
BENEFIT FOR JUDY RILING
December 15, 16, 2006
2668 Hwy. 171 North, Lake Charles, LA 70611
VFW Post 9933
Ingrid Layn Constance – Organizer
(Calvin Collins’ District)
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It was moved by Mr. Guillory, seconded by Mrs. Griffin and carried unanimously to approve payment of all current invoices.
Motion was made by Mrs. Griffin, seconded by Mr. Brame and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated November 2, 2006, be approved as written, and the reading of same was dispensed with.
Upon motion made by Mr. Moon, which was seconded by Mr. Manuel and carried unanimously, the Agenda Committee Report dated November 30, 2006, was approved as follows:
AGENDA COMMITTEE REPORT
November 30, 2006
A meeting of the Agenda Committee was held on Thursday, November 30, 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. Francis Andrepont, Mr. Brent Clement, Mr. Guy Brame, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, Mrs. Elizabeth Conway Griffin, 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. “Sandy” Treme
Absent: None
Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jimmy Vickers, 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 December 7, 2006.
Following review of the items to be considered by the Police Jury on December 7th, and after recommendations for appointments to various boards of special service districts were made by members of the Committee, it was unanimously recommended that the proposed agenda be accepted as presented by the staff, with the following addition:
Take appropriate action on a vacancy on the Board of Commissioners of Waterworks District No. Fourteen of Ward Five which was created by the death of Mr. Edward Prentis Johnson. (Mr. Johnson represented District 11. Mrs. Treme is the liaison.) The Agenda Committee recommended that this item remain on the agenda for a recommendation at the Regular Meeting on December 7, 2006.
The Agenda Committee went into executive session to discuss Lawsuit No. 2005-3765 (Frederick vs. Calcasieu Parish District Attorney’s Office, et al) and following the executive session, the Agenda Committee reconvened and voted unanimously to receive the report given by legal counsel during the executive session, and further, to add the following item to the agenda for consideration at the regular meeting on December 7, 2006:
Consideration of approval of the recommendation of the Agenda Committee after going into executive session on Thursday, November 30, 2006, to discuss Lawsuit No. 2005-3765 (Frederick vs. Calcasieu Parish District Attorney’s Office, et al).
There being no further business, Chairman Moon declared the meeting to be adjourned.
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President Danahay advised that a report would be received at this time from staff regarding the enforcement of provisions in the Parish’s solid waste contract. Mr. Beam stated that the U. S. Army Corps of Engineers and FEMA (Federal Emergency Management Agency) had completed the mission of removal of debris caused by Hurricane Rita, however, there was still a lot of debris on the roadsides that was not part of Waste Management’s responsibility under its contract with the Parish. He further advised that a public education effort was needed and asked Mr. Allen Wainwright, Public Works Engineer, to update the Police Jury on those efforts.
Mr. Wainwright advised that his office would be mailing a brochure to all residents, a copy of which he distributed, and this brochure contained information and guidelines for garbage, trash, and yard waste which were covered under the contract with Waste Management, as well as disposal of items not covered under the contract such as tires, scrap metal and appliances, furniture, oil, batteries, construction/remodeling materials, and lot clearing. Mr. Wainwright pointed out that the policies for the program were set forth in the Parish’s “Solid Waste Management Manual” as originally adopted by the Police Jury on March 6, 1986, and subsequently amended on July 17, 1986, September 3, 1992, December 18, 1997, and December 19, 2002. After a thorough report, Mr. Wainwright stated that the residents needed to understand that hurricane-related debris removal had been completed, and normal collection operations would resume.
Mr. Landry asked if the staff had looked into a possible change in the solid waste ordinance to address a problem he was having in his district with people leaving their trash carts on the side of the road for extended periods of time after being emptied, thus causing safety problems. Mr. McMurry stated that Mr. Landry’s concern had been thoroughly discussed and researched, however, he felt it would be “overkill” from a regulatory standpoint to adopt something on a parishwide basis for a few residents who were not complying with the existing rule.
Following a brief discussion, it was agreed that the staff would look into the problem Mr. Landry was experiencing and come back with a recommendation on the best method of handling it.
Mr. McMurry stated that the contract with Waste Management was set to expire on December 31, 2007, and that funding in the solid waste reserve which was comprised of revenue from the 1992 sales tax collected through 2002 was sufficient to pay for approximately three more years of collection and disposal in Wards Two through Eight, pointing out that solid waste was not a part of the renewal of said tax in 2003. Mr. McMurry advised that some tough decisions would need to be made on how to fund the program beyond that point, and the staff needed more time to develop a format or program for consideration by the Jury.
Mr. McMurry further stated that after six or seven months of negotiation with Waste Management, a consensus had been reached, and he recommended that the contract with Waste Management be extended through December 31, 2009, under the same terms and conditions of the existing contract, with the following adjustments to the contracted price per household for collection and disposal: a rate of $15.44 effective January 1, 2007; a rate of $15.75 effective January 1, 2008, and an increase of 90% of the actual CPI-W (consumer price index southern region), as well as a monthly fuel adjustment charge, effective January 1, 2009.
Mr. McMurry pointed out that Waste Management would offer residents of Ward One these same rates, plus their administrative billing charge, through 2008. He stated that Waste Management’s contract for Ward One was non-exclusive and that any company that abided by the Parish’s Solid Waste Management Manual could provide service in Ward One.
Following a brief discussion, motion was made by Mrs. Treme, seconded by Mr. Moon and carried unanimously that the staff’s recommendation be approved and that the following resolution be adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 7th day of December, 2006, that it does hereby approve the extension of a contract between the Police Jury and Waste Management, Inc. for solid waste collection and disposal in the unincorporated areas of Wards Two through Eight, both inclusive, through December 31, 2009.
BE IT FURTHER RESOLVED that the following adjustments to the contracted price per household for collection and disposal are also hereby approved:
Effective January 1, 2007– $15.44
Effective January 1, 2008– $15.75
Effective January 1, 2009– an increase of 90% of the actual CPI-W (Consumer Price Index - Southern Region, All Items, 12 months percent change) and a monthly fuel adjustment charge
BE IT FURTHER RESOLVED that Waste Management, Inc. has agreed to offer to residents of Ward One the same rates that have been agreed to in the contract extension for 2007 and 2008 for the remainder of the Parish.
BE IT FURTHER RESOLVED that all remaining terms and conditions of the existing contract between the Police Jury and Waste Management shall remain in full force and effect.
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.
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It was moved by Mr. Andrepont, seconded by Mrs. Griffin 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 Dr. Jamal Saqer, to install and maintain a wharf, bulkhead and fill for erosion protection and recreational use. The proposed bulkhead and fill is to be located within an area approximately 205 feet long and 25 feet wide extending lengthwise approximately parallel to the mean low water shoreline, with the proposed wharf extending 203 feet perpendicular and lakeward therefrom, with terminal boathouse and dock. The fill operation will consist of the placement of approximately 850 cubic yards of hauled-in material, which is to be deposited behind the proposed bulkhead. Said project is located in Prien Lake, southeast bank, at Prien, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Dr. Jamal Saqer, relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 7th day of December, 2006, that it does hereby indicate no objection to the proposal of Dr. Jamal Saqer, to install and maintain a wharf, bulkhead and fill for erosion protection and recreational use. The proposed bulkhead and fill is to be located within an area approximately 205 feet long and 25 feet wide extending lengthwise approximately parallel to the mean low water shoreline, with the proposed wharf extending 203 feet perpendicular and lakeward therefrom, with terminal boathouse and dock. The fill operation will consist of the placement of approximately 850 cubic yards of hauled-in material, which is to be deposited behind the proposed bulkhead. Said project is located in Prien Lake, southeast bank, at Prien, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the following recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on November 21, 2006, be accepted on the following cases, and further, that an ordinance be adopted with respect to each piece of property where applicable:
AP03-353-06 (Belden 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 $3,000.00 by Mr. Anand Roy and Iqbal Mohammad be accepted.
AP03-354-06 (Belden and Winterhaulter Streets-vacant lot) (Police Jury District 4, Mr. Guillory)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $250.00 by Recreation District No. One of Ward Three be accepted.
AP03-355-06 (Katherine Street-vacant lot) (Police Jury District 2, Mr. Collins)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,500.00 by Mr. Anand Roy and Iqbal Mohammad be accepted.
AP03-356-06 (Winterhaulter Street-vacant lot) (Police Jury District 4, Mr. Guillory)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $800.00 by Recreation District No. One of Ward Three be accepted.
AP03-357-06 (3009 Admiral Nimitz) (Police Jury District 9, Mr. Guidry)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $32,100.00 by Mr. Murphy James Bellard be accepted.
AP03-358-06 (5th 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 $6,500.00 by Ms. Shonda Renee Carter be accepted.
AP03-360-06 (1009 Orange Street) (Police Jury District 5, Dr. Mackey)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $22,000.00 by Ms. Shonda Renee Carter be accepted.
AP04-359-06 (Elm Street-vacant lot) (Police Jury District 13, Mr. Andrepont)
The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,500.00 by Mr. Percy Ray Trahan be accepted.
As a result of passage of the foregoing motion, the following ordinances were adopted:
ORDINANCE NO. 5200
AN ORDINANCE authorizing the Police Jury to declare the property described as: Portion of Lots 17, 18, Wasey Sub of Freeman Hamilton Partition des as, beg 133.4 ft Ely, measured along the Sly R/W line of Belden St to a pt and Cor and Sly 20.65 ft for pt of com, S 129.35 ft to a pt and Cor, Ely 66.7 ft, Nly 136 ft to S line of property sold state, S 82 degs 59 mins 47 secs W, 67 ft to pt of com; (AP03-353-06; Tax Assessment No. 613096); 1600 Block of Belden Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Anand Roy and Mr. Iqbal Mohammad, their designated agent, or assignee for the consideration of $3,000.00 (three 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: Portion of Lots 17, 18, Wasey Sub of Freeman Hamilton Partition des as, beg 133.4 ft Ely, measured along the Sly R/W line of Belden St to a pt and Cor and Sly 20.65 ft for pt of com, S 129.35 ft to a pt and Cor, Ely 66.7 ft, Nly 136 ft to S line of property sold state, S 82 degs 59 mins 47 secs W, 67 ft to pt of com.; (AP03-353-06; Tax Assessment No. 613096); 1600 Block of Belden 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. Anand Roy and Mr. Iqbal Mohammad, to purchase said property for the consideration of $3,000.00 (three 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. Anand Roy and Mr. Iqbal Mohammad, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 7th day of December, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Portion of Lots 17, 18, Wasey Sub of Freeman Hamilton Partition des as, beg 133.4 ft Ely, measured along the Sly R/W line of Belden St to a pt and Cor and Sly 20.65 ft for pt of com, S 129.35 ft to a pt and Cor, Ely 66.7 ft, Nly 136 ft to S line of property sold state, S 82 degs 59 mins 47 secs W, 67 ft to pt of com.; (AP03-353-06; Tax Assessment No. 613096); 1600 Block of Belden 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. Anand Roy and Mr. Iqbal Mohammad, their designated agent, or assignee for and in consideration of $3,000.00 (three 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 one year from the date this ordinance is adopted, the authority of the President or Director of Planning and Development 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 7th day of December, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 5201
AN ORDINANCE authorizing the Police Jury to declare the property described as: Com 167.5 ft E and 30 ft N of SW Cor NW 1/4 Blk (or lot) 11 Ben Bilbo Sub, th N 30 ft E 150 ft S 30 ft W 150 ft to com; (AP03-354-06; Tax Assessment No. 1345244); Lot between Belden and Winterhaulter Streets - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Recreation District No. 1 of Ward 3, its designated agent, or assignee for the consideration of $250.00 (two hundred fifty dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Com 167.5 ft E and 30 ft N of SW Cor NW 1/4 Blk (or lot) 11 Ben Bilbo Sub, th N 30 ft E 150 ft S 30 ft W 150 ft to com; (AP03-354-06; Tax Assessment No. 1345244); Lot between Belden and Winterhaulter Streets - 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 Recreation District No. 1 of Ward 3, to purchase said property for the consideration of $250.00 (two hundred fifty dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Recreation District No. 1 of Ward 3, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 7th day of December, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Com 167.5 ft E and 30 ft N of SW Cor NW 1/4 Blk (or lot) 11 Ben Bilbo Sub, th N 30 ft E 150 ft S 30 ft W 150 ft to com; (AP03-354-06; Tax Assessment No. 1345244); Lot between Belden and Winterhaulter Streets - 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 Recreation District No. 1 of Ward 3, its designated agent, or assignee for and in consideration of $250.00 (two hundred fifty dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:
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 one year from the date this ordinance is adopted, the authority of the President or Director of Planning and Development 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 7th day of December, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 5202
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 15 Eliza Cook et al partition of E 2/3 Lot 1 Mansfield Sub; (AP03-355-06; Tax Assessment No. 308439); 2100 Block of Katherine Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Anand Roy and Mr. Iqbal Mohammad, their designated agent, or assignee for the consideration of $1,500.00 (one thousand five 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: Lot 15 Eliza Cook et al partition of E 2/3 Lot 1 Mansfield Sub; (AP03-355-06; Tax Assessment No. 308439); 2100 Block of Katherine 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. Anand Roy and Mr. Iqbal Mohammad, to purchase said property for the consideration of $1,500.00 (one thousand five hundred dollars) cash, at the time of sale; and
WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and
WHEREAS, the Calcasieu Parish Police Jury is of the opinion that this property is surplus and no longer needed for public purposes and that it would be in the public interest to convey the above mentioned property to Mr. Anand Roy and Mr. Iqbal Mohammad, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 7th day of December, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Lot 15 Eliza Cook et al partition of E 2/3 Lot 1 Mansfield Sub; (AP03-355-06; Tax Assessment No. 308439); 2100 Block of Katherine 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. Anand Roy and Mr. Iqbal Mohammad, their designated agent, or assignee for and in consideration of $1,500.00 (one thousand five 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.
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 one year from the date this ordinance is adopted, the authority of the President or Director of Planning and Development 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 7th day of December, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
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ORDINANCE NO. 5203
AN ORDINANCE authorizing the Police Jury to declare the property described as: E 40 ft of, com 80 ft from SE Cor of Lot desc as SW Blk 11, Ben Bilbo Sub W 80 ft, N 190 ft etc.; (AP03-356-06; Tax Assessment No. 298816); 2100 Block of Winterhaulter Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Recreation District No. 1 of Ward 3, its designated agent, or assignee for the consideration of $800.00 (eight 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: E 40 ft of, com 80 ft from SE Cor of Lot desc as SW Blk 11, Ben Bilbo Sub W 80 ft, N 190 ft etc.; (AP03-356-06; Tax Assessment No. 298816); 2100 Block of Winterhaulter 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 Recreation District No. 1 of Ward 3, to purchase said property for the consideration of $800.00 (eight 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 Recreation District No. 1 of Ward 3, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 7th day of December, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: E 40 ft of, com 80 ft from SE Cor of Lot desc as SW Blk 11, Ben Bilbo Sub W 80 ft, N 190 ft etc.; (AP03-356-06; Tax Assessment No. 298816); 2100 Block of Winterhaulter 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 Recreation District No. 1 of Ward 3, its designated agent, or assignee for and in consideration of $800.00 (eight 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.
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 one year from the date this ordinance is adopted, the authority of the President or Director of Planning and Development 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 7th day of December, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
* * * * * * * * * * * *
ORDINANCE NO. 5204
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 21 Blk N Greinwich Terrace Plat 3-A; (AP03-357-06; Tax Assessment No. 435503); 3009 Admiral Nimitz in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Murphy James Bellard, his designated agent, or assignee for the consideration of $32,100.00 (thirty two 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 $325.00 ($250 appraisal fee plus $75).
WHEREAS, the Parish of Calcasieu owns property described as: Lot 21 Blk N Greinwich Terrace Plat 3-A; (AP03-357-06; Tax Assessment No. 435503); 3009 Admiral Nimitz 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. Murphy James Bellard, to purchase said property for the consideration of $32,100.00 (thirty two 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 Mr. Murphy James Bellard, for the offered consideration.
NOW, THEREFORE,
BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 7th day of December, 2006, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:
Section 1. The property described as: Lot 21 Blk N Greinwich Terrace Plat 3-A; (AP03-357-06; Tax Assessment No. 435503); 3009 Admiral Nimitz 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. Murphy James Bellard, his designated agent, or assignee for and in consideration of $32,100.00 (thirty two 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.
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 one year from the date this ordinance is adopted, the authority of the President or Director of Planning and Development 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 7th day of December, 2006.
/s/ Michael E. Danahay, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Parish Secretary
* * * * * * * * * * * *
ORDINANCE NO. 5205
AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 12 Blk 11 High School Park; (AP03-358-06; Tax Assessment No. 403032); 2000 Block of 5th Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Shonda Renee Carter, her designated agent, or assignee for the consideration of $6,500.00 (six thousand five hu