April 5, 2007

                                                                                    Lake Charles, Louisiana

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, April 5, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, 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, Michael E. Danahay, Kevin Guidry, Tony Guillory, 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; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Mr. Claude Smart, Parish Engineer; Ms. Kathy P. Smith, Recording Secretary; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.

            President Landry called the meeting to order. The invocation was pronounced by Mrs. Treme, and the Pledge of Allegiance was led by President Landry. The roll was called with the result being as outlined above.

            President Landry welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or set on a suitable mode so they would not interrupt the meeting.

            Motion was made by Mrs. Griffin, seconded by Mr. Collins and carried unanimously that the following applications for liquor and beer permits be approved and that the issuance of the following Special Events Permit be ratified:

WARD VIII

Singh Quick Stop, LLC

Beant Singh – Member

SINGH QUICK STOP #1

2679 Hwy 397

Lake Charles, LA 70615                       Liquor & Beer – Pkg.                         75.00

(Tony Stelly’s District)

Singh Quick Stop, LLC

Beant Singh – Member

SINGH QUICK STOP DELI

2679-B Hwy 397

Lake Charles, LA 70615                       Beer                                                35.00

(Tony Stelly’s District)

TOTAL REMITTANCE:                                                     110.00

        Type C permit to allow alcoholic beverages for the special event:

            CUSTOMER APPRECIATION

April 21, 2007

            108 Hwy 397, Lake Charles, LA 70615

            Reid Smith - Executive VP/Sec.-Treas.

            (Calvin Collins’ District)

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

            Motion was made by Dr. Mackey, seconded by Mr. Stelly and carried unanimously to approve payment of all current invoices.

            It was moved by Mr. Moon, seconded by Dr. Mackey and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated March 8, 2007, and the reading of same was dispensed with.

            Upon motion made by Mr. Manuel, which was duly seconded by Mr. Brame and carried unanimously, the Agenda Committee Report dated March 29, 2007, was approved as follows:

AGENDA COMMITTEE REPORT

March 29, 2007

             A meeting of the Agenda Committee was held on Thursday, March 29, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Guy Brame presiding, and the following members present:

Mr. Francis Andrepont, Mr. Brent Clement, 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. Cornelius “Cornie” Moon, Mr. Tony Stelly, and Mrs. Sandy Treme

Absent: None

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

            Chairman Brame 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 April 5, 2007.

            Following review of the items to be considered by the Police Jury on April 5^th, 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.

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

 * * * * * * * * * * * *

            Motion was made by Dr. Mackey, seconded by Mr. Moon and carried unanimously that the Public Works Committee dated March 29, 2007, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

March 29, 2007

______________________________________

            A meeting of the Public Works Committee was held on Thursday, March 29, 2007, in the Police Jury Meeting Room on the first floor of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Francis Andrepont, Chairman, presiding and the following members present:

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

            Absent: None

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

            Said Committee:

1.         Received and opened the following bids for Calcasieu Parish Project No. 2005-10 (New Construction of Red Davis Road, from Common Street to Louisiana Highway 14), as advertised in accordance with the law for action to be taken at 5:30 p.m.:

                        Bessette Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,265,214.55

                        Gilchrist Construction Company. . . . . . . . . . . . . . . . . . . . . . . . . . $7,558,186.85

                        HD Truck and Tractor, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,043,003.00

                        McManus Construction, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,526,255.00

                        W. E. McDonald and Son, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,758,986.00

NOTE: during final tabulation of the bids, it was determined that three of the bids submitted contained mathematical errors, and the corrected total bid amounts are as follows: (1) Bessette Development - $6,181,614.55; (2) Gilchrist Construction Company - $7,614,436.85, and (3) HD Truck and Tractor, LLC - $6,043,359.75. The Parish Engineer recommended at the Regular Meeting on April 5, 2007, that action on bids be deferred until April 19, 2007.

2.         Mr. Drew Tessier, Special Representative, Union Pacific Railroad Company, appeared before the Committee with reference to the Highway 108 Crossing, and he advised that the signalization work at said crossing had started March 28th and that the work should be finished within three to four weeks, depending on weather conditions. Other representatives of Union Pacific who were present at the meeting were: Mr. Paul Rathgeber, Manager of Industry and Public Projects, and Mr. Byron Bertelsen, Manager of Signal Maintenance. Mr. Smart reported that Mr. Rathgeber had informed him on this date that the next project to be started would be the Packing House Road crossing.

3.         Recommended that a resolution be adopted accepting C. Wait Estates Phase V Subdivision located on Emma Jane Lane in Section 27, Township 9 South, Range 7 West, in Ward Eight. (Police Jury District 10, Mr. Stelly)

4.         Recommended that a resolution be adopted accepting Northern Ridge Estates Phase I Subdivision located off of Bellon Road in Section 22, Township 8 South, Range 8 West, in Ward One. (Police Jury District 2, Mr. Collins)

5.         Recommended that a resolution be adopted accepting Crown Point Phase II and III Subdivision located on Prewitt Road and Moore Road in Section 21, Township 8 South, Range 9 West, in Ward Six. (Police Jury District 11, Mrs. Treme)

6.         Recommended that a resolution be adopted accepting Wisteria Vine Phase II Subdivision located off of You Winn Road in Section 33, Township 8 South, Range 8 West, in Ward One. (Police Jury District 2, Mr. Collins) 

7.         Recommended that an ordinance be adopted and/or existing ordinance(s) be amended, with reference to establishing a 25 mph speed limit on Kade Boulevard, West Kade Lane, North Kade Lane, and South Kade Lane in Spring Crossing Subdivision in Ward Three. (Police Jury District 7, Mr. Landry)

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

            With reference to Recommendation No. 1 of the Public Works Committee as outlined previously, Mrs. Griffin noted that three of the bids had contained mathematical errors, and she asked if the bids would have to be rejected and the project readvertised. Mr. Smart advised that the bid specifications contained language which addressed this issue and that the project would not have to be re-bid.

            It was moved by Mr. Clement, seconded by Mr. Brame and carried unanimously to approve Recommendation No. 1 of the Public Works Committee, and action on bids received for Calcasieu Parish Project No. 2005-10 was deferred until the Regular Meeting on April 19, 2007.

            Upon motion made by Mr. McMillin, which was duly seconded by Mrs. Griffin and carried unanimously, Recommendation No. 2 of the Public Works Committee was approved.

            Motion was made by Mr. Manuel, seconded by Mr. Collins and carried unanimously that Recommendation Nos. 3 through 7 of the Public Works Committee be approved; whereupon, the following resolutions and ordinance were adopted:

RESOLUTION

            WHEREAS, Cassie Marie Featherston, subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as C. Wait Estates Phase V, a subdivision in Section 27, Township 9 South, Range 7 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 Virgil T. Collins, Registered Land Surveyor No. 4390, 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 April 11, 2007, and will bear File No. 2805660.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of April, 2007, that it does hereby officially accept the plat of C. Wait Estates Phase V Subdivision in Ward Eight of Calcasieu Parish, Louisiana, including Emma Jane Lane within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

            WHEREAS, Tim Mixon, subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Northern Ridge Estates Phase I, a subdivision in Section 22, Township 8 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 W. L. Hayman, Registered Land Surveyor No. 1823, 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 April 10, 2007, and will bear File No. 2805490.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of April, 2007, that it does hereby officially accept the plat of Northern Ridge Estates Phase I Subdivision in Ward One of Calcasieu Parish, Louisiana, including Bluff Ridge Road and Mesa Lane within said subdivision, for future maintenance by the Parish.

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

RESOLUTION

            WHEREAS, John Moore, subdivided certain property in Ward Six of Calcasieu Parish, Louisiana, known as Crown Point Phase II and III, a subdivision in Section 21, Township 8 South, Range 9 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 Virgil T. Collins, Registered Land Surveyor No. 4390, 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 April 10, 2007, and will bear File No. 2805491.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of April, 2007, that it does hereby officially accept the plat of Crown Point Phase II and III Subdivision in Ward Six of Calcasieu Parish, Louisiana.

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

RESOLUTION

            WHEREAS, L. W. Sellers, subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Wisteria Vine Phase II, a subdivision in Section 33, Township 8 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 W. L. Hayman, Registered Land Surveyor No. 1823, 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 April 10, 2007, and will bear File No. 2805489.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of April, 2007, that it does hereby officially accept the plat of Wisteria Vine Phase II Subdivision in Ward One of Calcasieu Parish, Louisiana, including Wineberry Lane within said subdivision, for future maintenance by the Parish.

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

ORDINANCE NO. 5255

AN ORDINANCE amending Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to establish a speed limit of 25 MPH on Kade Boulevard, West Kade Lane, North Kade Lane, and South Kade Lane in Spring Crossing Subdivision in Ward Three of Calcasieu Parish.

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, that it does hereby amend Chapter 17, Art. II, Div. 2. Speed Limits, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

            SECTION I.   Sec. 17-64, Twenty-five miles per hour, of the Code of Ordinances is amended by including the following roads in the provisions of said section:

            -          Kade Boulevard in Ward 3

            -          West Kade Lane in Ward 3

            -          North Kade Lane in Ward 3

            -          South Kade Lane in Ward 3

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

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

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

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

            This ordinance was adopted on the 5^th day of April, 2007.

                                                                                    /s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

            It was moved by Mr. Moon, seconded by Mr. Guillory and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on March 27, 2007, on the following cases, and to adopt an ordinance with respect to each piece of property where applicable:

AP03-380-07 (Church Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

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

AP03-381-07 (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 $2,200.00 by Mr. Merric Paul DeJean be accepted.

AP03-382-07 (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 $1,600.00 by Mr. Norman Wilson be accepted.

AP03-383-07 (Mill and Goos Streets-vacant lot) (Police Jury District 3, Mrs. Griffin)

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

property list.

AP03-384-07 (1611 See Street) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,200.00 by Ms. Sheila Harrison be accepted.

AP03-385-07 (Jackson 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 $1,900.00 by St. Paul AME Church be accepted.

AP03-386-07 (Enterprise Boulevard-vacant lot) (Police Jury District 3, Mrs. Griffin)

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

AP03-387-07 (Fournet 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 Mt. Calvery Baptist Church be accepted.

AP03-388-07 (Cessford Street-vacant lot) (Police Jury District 2, Mr. Collins)

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

AP03-389-07 (V.E. 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 $400.00 by Ms. Betty Jenkins be accepted.

AP04-269-05 (Private Drive off of Swisco Road-acreage) (Police Jury District 15, Mr. Danahay)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $20,000.00 by Mr. Phillip A. Guzzino be accepted.

AP04-390-07 (Mary Street-vacant lot) (Police Jury District 14, Mr. McMillin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $700.00 by Mr. Elias Cormier, Jr. be accepted.

AP04-391-07 (310 Pilley Street) (Police Jury District 14, Mr. McMillin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,900.00 by Ms. Lydia Larce be accepted.

AP04-392-07 (Evergreen Road-vacant lot) (Police Jury District 14, Mr. McMillin)

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

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

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

ORDINANCE NO. 5256

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 4, E ½ Lot 5 Blk 3 Sam Mansfield Sub; (AP03-381-07; Tax Assessment No. 454478); 2000 Block of Katherine Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Merric Paul DeJean, his designated agent, or assignee for the consideration of $2,200.00 (twenty two 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 4, E ½ Lot 5 Blk 3 Sam Mansfield Sub; (AP03-381-07; Tax Assessment No. 454478); 2000 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. Merric Paul DeJean, to purchase said property for the consideration of $2,200.00 (twenty two 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. Merric Paul DeJean, for the offered consideration.

        NOW, THEREFORE,

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 5^th day of April, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

        Section 1.       The property described as: Lot 4, E ½ Lot 5 Blk 3 Sam Mansfield Sub; (AP03-381-07; Tax Assessment No. 454478); 2000 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. Merric Paul DeJean, his designated agent, or assignee for and in consideration of $2,200.00 (twenty two 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:

            (1)        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.

            (2)       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.

            (3)       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.

            (4)       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.

            (5)       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.

            (6)       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 5^th day of April, 2007.

                                                                                    /s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5257

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lots 7, 8 Spence Sub (Lyons St); (AP03-382-07; Tax Assessment No. 601829); 300 Block of Lyons Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Norman Wilson, his designated agent, or assignee for the consideration of $1,600.00 (sixteen 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 Lots 7, 8 Spence Sub (Lyons St); (AP03-382-07; Tax Assessment No. 601829); 300 Block of 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 Mr. Norman Wilson, to purchase said property for the consideration of $1,600.00 (sixteen 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. Norman Wilson, for the offered consideration.

        NOW, THEREFORE,

        BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 5^th day of April, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

        Section 1.       The property described as: Lots 7, 8 Spence Sub (Lyons St); (AP03-382-07; Tax Assessment No. 601829); 300 Block of 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 Mr. Norman Wilson, his designated agent, or assignee for and in consideration of $1,600.00 (sixteen 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:

            (1)        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.

            (2)       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.

            (3)       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.

            (4)       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.

            (5)       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.

            (6)       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 5^th day of April, 2007.