May 3, 2007

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, May 3, 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; Mrs. Coleen Clark, Executive Secretary; 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; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.

President Landry called the meeting to order. The invocation was pronounced by Mr. Michael Cuba, Jr., Youth and Associate Minister, Saint Memorial Church of God and Christ, and the Pledge of Allegiance was led by Mr. Guillory. 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.

Mr. Manuel was granted a point of personal privilege to address a lawsuit which was recently filed against Gravity Drainage District No. Eight of Ward One. He stated that he had intended to make a motion to ask the Sheriff’s Office to perform a thorough investigation of the allegations that were made in the lawsuit, but this request had already been addressed by the staff. He questioned why the two employees who filed suit did not report their allegations sooner. Mr. Manuel stated that the members of the Board of Commissioners of the drainage district were five of the most honest people he knew, and they did not deserve what was currently going on. He stated that the matter needed to be cleared up so that the work of the district could continue.

President Landry advised that a Ms. Yvonne Saucier had requested to appear regarding drainage problems in the Moss Bluff area and even though this was not on the agenda, he would allow her to speak.

Ms. Yvonne Saucier, 147 Vickie Lane, Moss Bluff, appeared before the Police Jury and stated that during the flooding which occurred in the Moss Bluff area in October of 2006, she woke up with seven inches of water in her house. Ms. Saucier stated that this was not the first time she had gotten water in her house, it had been the third time. She advised that she was 69 years old and could not keep going through this (stress).

Ms. Saucier stated that she had made requests of the drainage board and the Public Works Department to alleviate the problem, but nothing had been done.

President Landry stated that no one was familiar with her specific drainage issues but that Mr. Manuel would be happy to meet with her, along with engineering staff and member(s) of the drainage board.

Mr. Manuel stated that her ditches had been dug and culverts cleaned at her request, but he felt a grade needed to be shot and if there was anything that could be done to alleviate her problems, it should be done.

Ms. Saucier advised that the culverts between her house and Highway 378 were too small to allow the water to drain through, and she felt there had to be a better plan for drainage, otherwise, nothing done to her property would help. Mr. Manuel stated that he would have the engineering department look at the situation to see if there was anything that could be done to the roadside ditches to help solve the problem.

Mr. McMillin stated that the Police Jury had attempted to come up with a better system via consolidation of the drainage districts, however, the idea of consolidating the drainage districts had not been supported by the Legislature.

Upon motion made by Mr. Moon, which was duly seconded by Mrs. Griffin and carried unanimously, the following applications for liquor and beer permits were approved:

WARD I

Thind Petroleum, LLC

Kulwinder Singh – Managing Member

FIRST STOP #3

1783 Hwy 171 N

Lake Charles, LA 70611 Liquor & Beer – Pkg 75.00

(Don Manuel’s District)

WARD III

Fred Wannage, Jr. d/b/a

FRED’S LOUNGE

9080 Big Lake Road

Lake Charles, LA 70605 Liquor & Beer 135.00

(Guy Brame’s District)

WARD IV

Lonnie R. Beard, d/b/a

THE SPECKLED TROUT #2

2345 Industrial Drive

Sulphur, LA 70665 Liquor & Beer 135.00

(Mike Danahay’s District)

TOTAL REMITTANCE: 345.00

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It was moved by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that payment of all current invoices be approved.

Motion was made by Mr. Guillory, seconded by Dr. Mackey and carried unanimously that the minutes of the Regular Meeting of the Police Jury dated April 5, 2007, be approved, and the reading of same was dispensed with.

Upon motion made by Mr. Clement, which was duly seconded by Mr. Collins and carried unanimously, the Agenda Committee Report dated April 26, 2007, was approved as follows:

AGENDA COMMITTEE REPORT

April 26, 2007

A meeting of the Agenda Committee was held on Thursday, April 26, 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, and Mr. Tony Stelly

Absent: Mrs. Sandy Treme (out-of-town at Executive Board Meeting of Louisiana Police Jury Association)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Jerry Milner, 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 May 3, 2007.

Following review of the items to be considered by the Police Jury on May 3^rd, 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 Mr. Moon and seconded by Mrs. Griffin that the Public Works Committee Report dated April 26, 2007, and all recommendations contained therein, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

April 26, 2007

______________________________________

A meeting of the Public Works Committee was held on Thursday, April 26, 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, and Mr. Tony Stelly

Absent: Mrs. Sandy Treme (out-of-town for Louisiana Police Jury Association Executive Board meeting)

Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mr. Dick 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.

Said Committee:

1. Received and opened the following sealed bids, as advertised in accordance with law for action to be taken at 5:30 p.m., for repairs to existing structures for damage caused by Hurricane Rita to the Bell City Branch Library, the Hayes Branch Library, the Carnegie Memorial Branch Library, the Starks Branch Library, the Sulphur Branch Library, the DeQuincy Branch Library, and the Epps Memorial Branch Library:

Watkins Plastering Company, Inc.. . . . . . . . . . . . . . . . . . . . . . . . .$141,000.00

NATCO, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$389,850.00

NOTE: staff recommends that action on bids be deferred until May 17, 2007, at the request of the Library Director.

2. Received report from staff on litter removal and enforcement efforts wherein Mr. Beam advised that DOTD had reactivated its agreements with Phelps Correctional Center and the Allen Correctional Center for pick-up of litter along State rights-of-way, and further, that Sheriff Tony Mancuso would soon be establishing on a trial basis five-man details which would write litter citations to be enforced through the Parish’s Litter Court (instead of Fourteenth Judicial District Court).

3. Recommended that an ordinance be adopted amending the Code of Ordinances of Calcasieu Parish, Louisiana, with reference to Junk and Abandoned Vehicles to address solid waste being illegally placed in public rights-of-way (State and Parish).

4. Received report from the Division of Planning and Development on the closure of temporary hurricane debris disposal sites in Calcasieu Parish and recommended that a resolution be adopted requesting the Louisiana Department of Environmental Quality (LDEQ) to keep some of those sites open, including at least one site for asbestos disposal, to facilitate the Parish’s ongoing efforts to remove hurricane-related debris as well as demolition of hurricane-damaged structures.

5. Recommended that an ordinance be adopted and/or existing ordinance(s) be amended to establish “No Parking” on Tupelo Lane in Ward One. (Police Jury District 1, Mr. Manuel)

6. Recommended that the staff draft a revision to the subdivision ordinance which would require all developers to submit a drainage impact study, and that a report thereon be given at the Public Works Committee meeting in June, 2007.

7. Recommended that a resolution be adopted accepting the certified statement of total cost and amounts chargeable to each lot for Calcasieu Parish Project No. 2007-08 (Water Main Extension for Waterworks District No. Five of Wards Three & Eight) and confirming that each lot or parcel of real estate to be assessed will be benefitted to an amount not less than the proposed front-foot assessment.

8. Recommended that a resolution be adopted stipulating that the Parish will agree to install and maintain both advance warning signs and pavement markings for the railroad crossing located at Anthony Ferry Road (DOT No. 328-978V) in Ward Six, in conjunction with the installation of railroad crossing signals by the Federal Highway Administration under the Federal Railroad Safety Program, and further, authorizing the President of the Police Jury, or his designee when appropriate, to execute all documents related thereto.

9. Recommended that a resolution be adopted authorizing the execution of a Crossing Warning Improvements Agreement between the Police Jury and Union Pacific Railroad for the At-Grade Crossing located on Packing House Road (DOT No. 767 959B) located in Ward Eight, and further, authorizing the President of the Police Jury, or his designee when appropriate, to execute all documents relative thereto. Mr. Smart advised that the agreement included an annual maintenance fee of $5,208 payable by the Parish to Union Pacific Railroad Company, the first time such a fee was charged for crossing maintenance.

10. Recommended that the following projects be accepted as substantially complete:

10.1 Calcasieu Parish Project No. 2005-11 (Ward 2: Schultz Road; Ward 3: Acadian Lane, Miracle Lane and Our Road; Ward 4: Langford Drive; Ward 6: Butler Lane, Fluty Lane, Latiolais Lane, McLean Road and Sonny Granger Road; and Ward 8: Bettye’s Lane).

10.2 Calcasieu Parish Project No. 2006-02 (Ward 4: Agnes Street, Alvin Road, Andrew Young Road, Audubon Avenue, Augie Lyons Road, Babineaux Road, Barnacle Road, Caraswell Street, Cedar Lane, Dee Lane, Dunne Street, Eton Street, Fred Lutz Road, Genna Road, Gerald Drive, Goodrich Road, Ideal Cement Plant Road, Irby Lane, Jasmine Lane, Johnny Jones Road, Keel Drive, L A Little Road, Landry Lane, Leisure Lane, Lester Lyons Road, Lettie Street, Lynwood Avenue, Lyons Road, McInnis Drive, Melba Lane, Michael Lane, Miller Drive, Moss Road, Owen Road, Peshoff Road, Port Road, Pryor Street, Retha Road, Reynaud Road, Roger Road, Ruby Lane, Ruth Road, Sharon Street, Strait Drive and White Acres Road).

11. Recommended that the Parish Administrator be authorized to declare two (2) used gas chambers with cage and cart, no longer being used by the Department of Animal Services, as surplus equipment, and further, to authorize the sale of these units to the Vermilion Parish Police Jury at a total cost of $4,000.

12. Recommended that the Parish Purchasing Agent be authorized to advertise for bids for a stand-by generator for Waterworks District No. Five of Wards Three and Eight.

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

With regard to Recommendation No. 1 of the Public Works Committee, Mrs. Griffin expressed concern about the huge disparity in the bid amounts, and she asked if the Parish would get the best available services with the low bidder. Mr. McMurry stated that Watkins Plastering Company, Inc. (the low bidder) had done much of the work around the Courthouse Complex, and he could not explain why the other bid was so much higher.

With reference to Recommendation No. 11, Mr. McMurry explained that Calcasieu Parish had received a grant to move away from euthanasia via gas chamber to euthanasia by injection and that following the Public Works Committee meeting, he had been contacted by representatives of the American Society for Prevention of Cruelty to Animals (ASPCA) who were concerned that the Parish was selling the gas chamber to another entity. Mr. McMurry further explained that the ASPCA might be able to give the Parish a grant to make up for the money that would be lost if the gas chamber was not sold and instead disposed of by the ASPCA, and the Parish’s Animal Services Officers would instead train officers in Vermilion Parish on euthanasia by injection.

Mr. McMurry recommended that action on Recommendation No. 11 be deferred until the Regular Meeting on May 17, 2007. Mr. Moon incorporated a deferral on Recommendation No. 11 into his motion, and Mrs. Griffin (who seconded the original motion) accepted said amendment.

With regard to Recommendation No. 6 of the Public Works Committee as outlined heretofore, and in answer to a question by Mr. Clement as to when and under what circumstances a drainage impact study would be required, Mr. Wainwright stated that various thresholds gauged by potential impact, i.e. increase of impervious areas, would be established that would trigger the need for a study. Mr. Wainwright also stated that a subdivision was defined in the ordinance as two lots or more and would be subject to a drainage impact study but only if thresholds were not met, for example, putting a house on a five-acre tract would not require a study.

Mr. Andrepont stated that putting this in the regulations would serve to alleviate some of the current confusion on the part of the drainage boards to clarify that the Police Jury would be in charge of this process.

A vote was taken on the motion as amended which was to approve the Public Works Committee Report and Recommendation Nos. 1 through 10 and No. 12, and further, to defer action on Recommendation No. 11 until the Regular Meeting on May 17, 2007. The motion carried unanimously; whereupon, the following ordinances and resolutions were adopted:

ORDINANCE NO. 5272

AN ORDINANCE amending Chapter 13 of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to address solid waste being illegally placed in public rights-of-way.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 3^rd day of May, 2007, that it does hereby amend Chapter 13. Junk and Abandoned Vehicles, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to address solid waste being illegally placed in public rights-of-way, as follows:

SECTION 1: Section 13-1. Definitions, of the Code of Ordinances is amended to read in its entirety as follows:

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number shall include the singular number; and words used in the singular number shall include the plural number. The word “shall” is always mandatory and not merely directory.

Junked item shall be:

(1) Junked motor vehicle, as hereinafter defined.

(2) Any unused major electrical appliances and/or parts thereof, including, but not limited to, washing machine(s), clothes drier(s), refrigerator(s), freezer(s), stove(s), water heater(s), and all furniture and waste other than agricultural solid waste.

(3) Machinery and/or equipment or parts thereof other than junked motor vehicles and unused major electrical appliances which, by reason of deterioration through rusting, rotting or otherwise, have become inoperable and/or unreasonable for the purposes for which they were intended.

(4) Construction debris.

(5) Waste paper, boxes and crates and/or parts thereof.

Junked motor vehicle shall be any motor vehicle which does not have lawfully affixed thereto both an unexpired license plate or plates, and a valid motor vehicle safety inspection certificate, and the condition of which is one (1) or more of the following: wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded. Exceptions: The provisions of this definition of junked motor vehicle shall not apply to any motor vehicle in operable condition specifically adopted or constructed for racing or operation on privately owned drag strips or raceways; nor shall they apply to any motor vehicle retained by the owner for antique collection purposes rather than for salvage or transportation.

Motor vehicle shall be any vehicle which is designed to be self-propelled and designed to travel along the ground and shall include, but is not limited to, automobiles, buses, motorbikes, motorcycles, mopeds, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers.

Private property shall mean any property within the parish which is privately owned and which is not public property as defined in this section.

Public property shall mean any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purpose of vehicular traffic, and shall also mean any other publicly owned property or facility.

SECTION 2: Section 13-2. Declaration of public nuisance, of the Code of Ordinances is amended to read in its entirety as follows:

(A) The presence of any junked item on any private lot, tract or parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, within the parish shall be deemed and is hereby declared a public nuisance and it shall be unlawful for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rending inoperable, abandoning, or discarding any junked item on the real property of another or to suffer, permit or allow any junked item to be parked, left or maintained on his own real property.

(B) The presence of any junked item within the public right-of-way adjoining a private lot, tract or parcel of land that is occupied which is ineligible for solid waste collection pickup by the Police Jury shall be deemed and hereby declared a public nuisance.

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

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

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

This ordinance was adopted on the 3^rd day of May, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

RESOLUTION

WHEREAS, on September 24, 2005, Calcasieu Parish was devastated by the destruction caused by Hurricane Rita and while a large number of structures requiring demolition have already been disposed of, there remain many other structures containing regulated asbestos containing material (RACM) that will require disposal; and

WHEREAS, the Louisiana Department of Environmental Quality (LDEQ) has issued orders to shut down the emergency landfills which were established as a result of Hurricane Rita; and

WHEREAS, at this time, Calcasieu Parish no longer has an approved site for disposal of RACM, and the closest alternative is the Jefferson Davis Parish Landfill which is located approximately 30 miles east of Lake Charles; and

WHEREAS, disposal of this type of waste at this facility greatly increases the cost due to distance and tipping fees, and could also result in the inefficient utilization of the capacity of said facility; and

WHEREAS, from an economic and logistical standpoint, the Parish cannot afford to continue to send RACM to Jefferson Davis Parish because of the increased financial burden, and furthermore, the approval of a RACM site in Calcasieu Parish would enable a more efficient and economical disposal of hurricane-related demolition debris.

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 3^rd day of May, 2007, that it does hereby request that the Louisiana Department of Environmental Quality (LDEQ) approve an alternate site located in Calcasieu Parish for the temporary disposal of regulated asbestos containing material (RACM) to enable a more efficient and economical disposal of hurricane-related debris as well as demolition of hurricane-damaged structures, to allow Calcasieu Parish to dispose of waste generated in the Parish and not transport it to another parish, and to comply with the requirement of LSA—R.S. 30:2152 which mandates that reasonable and efficient disposal practices be implemented.

BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to all members of the Calcasieu Legislative Delegation for their assistance in this matter.

THUS DONE AND PASSED by a unanimous vote on the date above inscribed.

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ORDINANCE NO. 5273

AN ORDINANCE amending Sec. 17-126 of Chapter 17, Art. III, Stopping, Standing and Parking, of the Code of Ordinances of Calcasieu Parish, Louisiana, to establish “no parking” on Tupelo Lane in Ward One of Calcasieu Parish, Louisiana.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 3^rd day of May, 2007, that it does hereby amend the Code of Ordinances of Calcasieu Parish, Louisiana, as follows:

SECTION 1. Sec. 17-126, Prohibited parking on specified streets, of the Code of Ordinances is amended by including the following road in the provisions of said section:

Tupelo Lane in Ward 1

BE IT FURTHER ORDAINED that effective immediately, no vehicle shall park on Tupelo Lane as heretofore set forth.

BE IT FURTHER ORDAINED that appropriate signs shall be posted along Tupelo Lane as referred to above, at reasonable intervals, to warn operators of vehicles that parking is prohibited.

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

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

THUS PASSED AND ADOPTED on this 3^rd day of May, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Secretary

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

RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 3^rd day of May, 2007, that it does hereby accept the certified statement of total cost and amounts chargeable to each lot for Calcasieu Parish Project No. 2007-08 (Water Main Extension for Waterworks District No. Five of Wards Three & Eight) and confirming that each lot or parcel of real estate to be assessed will be benefited to an amount not less than the proposed front-foot assessment.

BE IT FURTHER RESOLVED that in accordance with the Parish’s newly-adopted Water Main Installation Assessment Policy, the required engineer’s statement of probable cost for Calcasieu Parish Project No. 2007-08 is as follows:

Construction Bid Amount $619,965

(Less) Private Funding $100,000

Eligible Assessment Cost $519,965

(Divide) Length of Water Main 25,950 Feet

Cost Per Foot of Project $ 20.04 Per Foot

(Divide) ÷ 2

Cost Per Foot of Property Frontage $ 10.02 Per Foot

Recommended Front-Foot Assessment Amount $10.02/Feet

BE IT FURTHER AND FINALLY RESOLVED that the final statement of cost will be determined upon completion of the project and submitted for final action by the Police Jury before assessments are initiated.

THUS DONE AND PASSED on the date above inscribed.

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RESOLUTION

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 3^rd day of May, 2007, that it does hereby stipulate that the Parish will agree to install and maintain both advance warning signs and pavement markings for the railroad crossing located at Anthony Ferry Road (DOT No 328-978V) in Ward Six, in conjunction with the installation of railroad crossing signals by the Federal Highway Administration under the Federal Railroad Safety Program.

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 3^rd day of May, 2007, that it does hereby authorize the execution of a Crossing Warning Improvements Agreement between the Police Jury and Union Pacific Railroad for the At-Grade Crossing located on Packing House (DOT No. 767 959B) located in Ward Eight.

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 Mrs. Griffin, seconded by Mr. Collins 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 April 24, 2007, on the following cases, and to adopt an ordinance with respect to each piece of property where applicable:

(10.1) AP03-380-07 (Church 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 $1,300.00 of Sonia Petroleum, Inc. be accepted.

(10.2) 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 May’s adjudicated property list.

(10.3) AP03-386-07 (Enterprise Boulevard-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 $1,000.00 by Sonia Petroleum, Inc. be accepted.

(10.4) AP03-388-07 (Cessford 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. Gregory Thomas Griffin be accepted.

(10.5) AP03-393-07 (Hagan and Adams Streets-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 $1,100.00 by Mr. Joseph H. Smith be accepted.

(10.6) AP03-394-07 (Calcasieu 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 $1,100.00 by Ms. Matilda Miller be accepted.

(10.7) AP03-395-07 (Church 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 $8,000.00 by Sonia Petroleum, Inc. be accepted.

(10.8) AP03-396-07 (Ruth Street-vacant lot) (Police Jury District 5, Dr. Mackey)

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

(10.9) AP04-392-07 (Evergreen Road-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 $2,000.00 by Mr. Abraham Handy, Jr. be accepted.

(10.10) AP04-397-07 (McKinley 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 $8,600.00 by Mr. Donald Brown, Sr. be accepted.

(10.11) AP04-398-07 (E. Napoleon Street-vacant lot) (Police Jury District 13, Mr. Andrepont)

This property was deferred; therefore, no action is needed.

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

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

ORDINANCE NO. 5274

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com on W/S Bank St 457 ft S of Center of LA W R R S 208 ft W 30 ft along N/S Church St etc.; (AP03-380-07; Tax Assessment No. 551864); 900 Block of Church Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Sonia Petrolum, Inc., its designated agent, or assignee for the consideration of $1,300.00 (thirteen 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 on W/S Bank St 457 ft S of Center of LA W R R S 208 ft W 30 ft along N/S Church St etc.; (AP03-380-07; Tax Assessment No. 551864); 900 Block of Church 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 Sonia Petrolum, Inc., to purchase said property for the consideration of $1,300.00 (thirteen 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 Sonia Petrolum, Inc., for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 3^rd day of May, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as :Com on W/S Bank St 457 ft S of Center of LA W R R S 208 ft W 30 ft along N/S Church St etc.; (AP03-380-07; Tax Assessment No. 551864); 900 Block of Church 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 Sonia Petrolum, Inc., its designated agent, or assignee for and in consideration of $1,300.00 (thirteen 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 3^rd day of May, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 5275

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com SE Cor Lot 4 Blk 4 W E Gill Add, W 154.84 ft N 50 ft E 154.82 ft S 50 ft to com being Lot 4 Blk 4 W E Gill Add less widening of Ent Blvd.; (AP03-386-07; Tax Assessment No. 491142); 100 Block of Enterprise Boulevard - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Sonia Petrolum, Inc., its designated agent, or assignee for the consideration of $1,000.00 (one 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: Com SE Cor Lot 4 Blk 4 W E Gill Add, W 154.84 ft N 50 ft E 154.82 ft S 50 ft to com being Lot 4 Blk 4 W E Gill Add less widening of Ent Blvd.; (AP03-386-07; Tax Assessment No. 491142); 100 Block of Enterprise Boulevard - 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 Sonia Petrolum, Inc., to purchase said property for the consideration of $1,000.00 (one 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

NOW, THEREFORE,

Section 1. The property described as: Com SE Cor Lot 4 Blk 4 W E Gill Add, W 154.84 ft N 50 ft E 154.82 ft S 50 ft to com being Lot 4 Blk 4 W E Gill Add less widening of Ent Blvd.; (AP03-386-07; Tax Assessment No. 491142); 100 Block of Enterprise Boulevard - 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 Sonia Petrolum, Inc., its designated agent, or assignee for and in consideration of $1,000.00 (one 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:

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.

This ordinance was adopted on the 3^rd day of May, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 5276

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lt 9 Cormier, Dave- Lt 10 Cormier, Dave; (AP03-388-07; Tax Assessment No. 368563); 2700 Block of Cessford Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Gregory Thomas Griffin, 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: Lt 9 Cormier, Dave- Lt 10 Cormier, Dave; (AP03-388-07; Tax Assessment No. 368563); 2700 Block of Cessford 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. Gregory Thomas Griffin, 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. Gregory Thomas Griffin, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as : Lt 9 Cormier, Dave- Lt 10 Cormier, Dave; (AP03-388-07; Tax Assessment No. 368563); 2700 Block of Cessford 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. Gregory Thomas Griffin, 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:

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.

This ordinance was adopted on the 3^rd day of May, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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ORDINANCE NO. 5277

AN ORDINANCE authorizing the Police Jury to declare the property described as: 60% INT IN- Lot 1 Blk 2 Richard and Pitre Sub of Blks 5, 6 Zack Simmons Sub (less 40% sold for 2001 taxes); (AP03-393-07; Tax Assessment No. 363103); SE Corner of Hagan and Adams Streets - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Joseph H. Smith, his designated agent, or assignee for the consideration of $1,100.00 (eleven 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: 60% INT IN- Lot 1 Blk 2 Richard and Pitre Sub of Blks 5, 6 Zack Simmons Sub (less 40% sold for 2001 taxes); (AP03-393-07; Tax Assessment No. 363103); SE Corner of Hagan and Adams 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 Mr. Joseph H. Smith, to purchase said property for the consideration of 1,100.00 (eleven 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

NOW, THEREFORE,

Section 1. The property described as: 60% INT IN- Lot 1 Blk 2 Richard and Pitre Sub of Blks 5, 6 Zack Simmons Sub (less 40% sold for 2001 taxes); (AP03-393-07; Tax Assessment No. 363103); SE Corner of Hagan and Adams 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 Mr. Joseph H. Smith, his designated agent, or assignee for and in consideration of $1,100.00 (eleven 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: