June 7, 2007

                                                                                    Lake Charles, Louisiana


            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, June 7, 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, Cornelius “Cornie” Moon, and Tony Stelly

 

Absent: Mr. Hal McMillin (out of town)


            Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; 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 Landry called the meeting to order. The invocation was pronounced by Mrs. Griffin which was followed by the Pledge of Allegiance. 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.


            President Landry announced that sealed bids would be received and opened at this time, as advertised in accordance with law for action to be taken at 5:30 p.m., for Calcasieu Parish Project No. 2007-06 (Overlaying of Various Roads in Calcasieu Parish).


            Mr. McMurry then proceeded to open the following bids:

 

                        Bessette Development Corporation                                          $2,413,446.72

                        Prairie Contractors, Inc.                                                          $2,575,287.00

                        R. E. Heidt Construction Company, Inc.                                    $2,513,240.23


            There being no other bids, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the bids as outlined above be referred to the Parish Engineer for final tabulation, with further action thereon to be taken by the Police Jury at its Regular Meeting on June 21, 2007.


            Motion was made by Mr. Moon, seconded by Mr. Danahay and carried unanimously that a report be received from staff on the status of improvements being made to Parish parks. Mr. Gerry Trahan, Director of Facilities Management, advised that Phase IB of the Prien Lake Park project was approximately 75-80% complete, and the architect and contractor felt this phase would be finished in October (2007). He pointed out that some of the items such as the double pavilion and crawfish pavilion should be complete in September but that there was still some demolition left to do at the Park. Mr. Trahan showed pictures of these new pavilions, as well as restroom facilities for the general public and for boaters.


            Mr. Trahan stated that the next phase of this project was currently in the planning stages, and this would include construction of the large pavilion and landscaping.


            Mr. Trahan also stated that at Calcasieu Point, construction of the fishing pier was approximately 30% complete, and the fishing bank was about 90% complete. He pointed out that the fishing bank was particularly user friendly in that it moved up and down with the tide. Mr. Trahan further advised that during the Corps of Engineers’ comment period, there had been three letters of objection or concern, one from the Pilot’s Association and one from the Port of Lake Charles, however, it was his understanding that these entities were agreeable to revising those letters and getting the project moving along but that it was difficult to project an estimate of completion due to the very thorough and time-consuming process associated with the Corps of Engineers’ regulations.


            With respect to Intracoastal Park, Mr. Trahan advised that the plans had been finalized for a shore enhancement project similar to what was done at Calcasieu Point, and this project was also in the hands of the Corps of Engineers. He reported that the construction of the new pavilion to replace the one demolished by Hurricane Rita was almost complete and that it would look like it did prior to the storm.


            Regarding LaFleur Park, Mr. Trahan stated that contractors were working to repair storm-related damage which included about 60% of the wharf on the west side of the Park. He also stated that the wharf on the east side was still functional.


            Mr. Trahan reminded the jurors that a barge had broken loose about three to four weeks ago which had destroyed part of the wharf at Riverside Park, but those repairs should be finished in the next week or two.


            Mr. Moon expressed his appreciation for the report and asked if the October date was for completion of Phase I of the Prien Lake Park project, to which Mr. Trahan stated that it was the anticipated completion date for Phase IB and that the contractor actually had until January of 2008 to complete it. Mr. Trahan pointed out that he anticipated that by the end of September, the public could begin using the pavilions which had been constructed thus far, as well as the restroom facilities, and that the next phase would be construction of the large pavilion and the landscaping.


            Mr. Brame advised that he and Mr. Bryan Beam, Assistant Administrator, along with the Ellender Group (architects), had recently toured Prien Lake Park, and he said that the quality of work and the construction being done was awesome, not just for people who lived around that area but for anyone who wanted to drive to the Park.


            Mr. Brame further advised that they had also toured Calcasieu Point, and he encouraged everyone to go see it, as well as the improvements at Prien Lake Park.


            Mr. Beam pointed out that the plan was to stagger the bids for the last phase at Prien Lake Park so that construction could commence on the heels of the other projects and that construction of the large pavilion was the last phase of the overall project.


            Mr. Moon stated that it was going to be a beautiful park, and he appreciated the unanimity of the jurors support when the original vote on the improvements was taken.


            Mr. McMurry stated that it would certainly be a flagship facility and that there would be nothing like it in Southwest Louisiana.


            Upon motion made by Mrs. Griffin, which was duly seconded by Mr. Clement and carried unanimously, the proposed budget for operation of the Southwest Louisiana Crime Laboratory for Fiscal Year 2007-2008 was approved, as per the request of Sheriff Tony Mancuso.


            It was moved by Mr. Andrepont, seconded by Mr. Guidry and carried unanimously to approve the following application for a liquor and beer permit and to ratify the issuance of the special events permits as listed below:


WARD III


Nathaniel Perry d/b/a

CLUB PREMIER

3945 Hwy 90 East

Lake Charles, LA 70615                       Liquor & Beer                                             135.00

(Calvin Collins’ District)

 

TOTAL REMITTANCE:                                                             135.00


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


            PAT HABETZ BENEFIT

        May 27, 2007

            2668 Hwy 171 North, Lake Charles, LA 70611

            Jim Hebert – organizer

            (Calvin Collins’ District)


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


            ‘2007 HEART GALA

            June 1, 2007

            100 Westlake Avenue, Westlake, LA 70669

            Sabrina Barker – Assistant Director

            (Hal McMillin’s District)


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


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


            Upon motion made by Mr. Guillory, which was duly seconded by Mr. Stelly and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated May 3, 2007, were approved, and the reading of same was dispensed with.


            It was moved by Dr. Mackey, seconded by Mr. Guidry and carried unanimously to approve the minutes of the Special Meeting of the Police Jury dated April 26, 2007.


            Motion was made by Mrs. Griffin, seconded by Mr. Danahay and carried unanimously that the Agenda Committee Report dated May 31, 2007, be approved as follows:


AGENDA COMMITTEE REPORT

May 31, 2007

                                                                            


             A meeting of the Agenda Committee was held on Thursday, May 31, 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. Sandra J. “Sandy” Treme

 

Absent: None


            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Jerry Milner, Mr. Claude Smart, Mr. Jeff Cole, 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 June 7, 2007.


            Following review of the items to be considered by the Police Jury on June 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.


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


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

            Upon motion made by Mr. Moon, which was duly seconded by Mr. Manuel and carried unanimously, the Public Works Committee Report dated May 31, 2007, was approved as follows:


PUBLIC WORKS COMMITTEE REPORT

May 31, 2007

______________________________________

 

            A meeting of the Public Works Committee was held on Thursday, May 31, 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. Jeff Cole, Mr. Dick Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, 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 Calcasieu Parish Project No. 2007-09 (Pavement Striping of Various roads in Wards One through Eight in Calcasieu Parish):


                        Gulf Industries, Inc. ………………………………………………. $257,224.75

                        Stars and Stripes Traffic Systems, LLC ……………………………$192,098.50

 

(NOTE: The Parish Engineer recommended that the low bid of Stars and Stripes Traffic Systems, LLC, in the amount of $192,098.50 be accepted.)

 

2.         Received status update from Engineering staff on the 2002 Sales Tax Program wherein it was reported that 42% of overlays had been completed, and 15 roads on the 2002 Master Road List were either completed or under construction. The jurors were asked to identify and express their priorities insofar as proposed projects for improvement of major arterial transportation routes. The Committee recommended that the FY 2007 budget be amended in the amount of $783,750.00 to allocate said amount from the 2002 Sales Tax Fund to establish funding for a six-month period for a Special Projects Work Crew to perform drainage improvements, road widening, etc. for road construction projects, tasks which the road contractors were unable to do at the current time. (see attached)

 

3.         Received report from Parish Engineer on the Common Street Five-Laning Project. The Committee recommended that a letter be ratified which was forwarded by the Parish Engineer to the Louisiana Department of Transportation and Development confirming that the Parish would enforce its current sewer ordinance on Common Street.

 

4.         Received report from the Division of Planning and Development regarding culvert permitting. The Committee recommended that on-line culvert permitting be established and offered to those residents who prefer that method as opposed to physically coming to the Parish Government Building for a permit. The Committee also recommended that the Planning and Zoning Liaison Group be requested to review the idea of not charging a permit fee for culvert installation as well as whether the process should remain “as is” (being handled by Planning and Development and Public Works) or if it should involve only one department.

 

5.         Recommended that a resolution be adopted naming the newly-opened Highway 108 Extension as “Coach Williams Drive.”

 

6.         Recommended that an ordinance be adopted and/or existing ordinance(s) be amended to establish speed limits on the following roads and/or streets:

 

            6.1       25 mph on Inwood Forest Boulevard in Ward Four (Police Jury District 15, Mr. Danahay)

 

            6.2       45 mph on Coach Williams Drive (formerly known as Highway 108 Extension) in Ward Four (Police Jury District 14, Mr. McMillin)

 

7.         Recommended that the President of the Police Jury be authorized to execute all documents related to the donation of right-of-way from Robert Paul Coontz on North Claiborne Street in Ward Four. (Police Jury District 11, Mrs. Treme, and Police Jury District 14, Mr. McMillin)

 

8.         Recommended that the President of the Police Jury be authorized to execute all documents related to the donation of right-of-way from Harry L. Shaheen, Jr. on North Perkins Ferry Road in Ward One. (Police Jury District 1, Mr. Manuel)

 

9.         Recommended that Calcasieu Parish Project 2006-10 McNeese Street Extension (Phase Two) be accepted as substantially complete.

 

10.       Advised that the Division of Engineering and Public Works was awarded $18,000 for Sign Tracking Software and $24,000 for Accident Data Tracking Software through the Local Road Safety Program coordinated and implemented by LTAP (LA Technical Assistance Program) in partnership with the Louisiana Department of Transportation and Development and the Federal Highway Administration.


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


            In accordance with motion made by Mr. Moon, which was duly seconded by Mr. Manuel and carried unanimously, all recommendations contained in the Public Works Committee Report as outlined heretofore were approved; whereupon, in accordance with the recommendation of the Parish Engineer, the low bid in the amount of $192,098.50 of Stars and Stripes Traffic Systems, LLC, was accepted for Calcasieu Parish Project No. 2007-09 (Pavement Striping of Various Roads in Wards One through Eight in Calcasieu Parish), said bids having been received by the Police Jury at the Public Works Committee Meeting on May 31, 2007, and further, the President of the Police Jury was authorized to execute the contract documents and any amendments or modifications thereto in conjunction with Project No. 2007-09.


            Also as a result of passage of the foregoing motion, the following resolution and ordinance were adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 7th day of June, 2007, that it does hereby officially name the newly-opened Highway 108 Extension as “Coach Williams Drive” in Ward Four of Calcasieu Parish.


            THUS PASSED AND ADOPTED on the date above inscribed.


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


ORDINANCE NO. 5294

 

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 on Inwood Forest Boulevard and Coach Williams Drive in Ward Four of Calcasieu Parish.


            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 7th day of June, 2007, 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 road in the provisions of said section:

 

            -          Inwood Forest Boulevard in Ward 4


            SECTION II. Sec. 17-68, Forty-five miles per hour, of the Code of Ordinances is amended by including the following road in the provisions of said section:

 

            -          Coach Williams Drive in Ward 4


            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 7th day of June, 2007.


                                                                                                /s/ Chris E. Landry, President


/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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


            Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the Ways and Means Committee Report dated May 31, 2007, and all recommendations contained therein, be approved as follows:


WAYS AND MEANS COMMITTEE REPORT

May 31, 2007

                                                                                 


            A meeting of the Ways and Means Committee was held on Thursday, May 31, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Chairman Elizabeth Conway Griffin presiding, and the following members present:

 

Mr. Francis Andrepont, Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mr. Kevin Guidry, 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. Sandra J. “Sandy” Treme

 

Absent: None


            Also present were Mr. S. Mark McMurry, Mr. Bryan Beam, Mr. Richard Gremillion, Mrs. Cheryl Heisser, Mr. Jerry Milner, Mr. Claude Smart, Mr. Jeff Cole, Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim Vickers.


            Mr. McMurry announced that bids which were scheduled and advertised to be opened at 5:30 on this date would be opened at the beginning of the Public Works Committee Meeting immediately following this meeting of the Ways and Means Committee.


            Said Committee:

 

(1)        Presented a trophy and certificates to the Iowa High School Baseball Team for recently winning the Class 3A State Championship. (Mr. Stelly)

 

(2)       Received report from the Division of Planning and Development regarding FEMA temporary housing wherein it was advised that there were a total of 2,833 units (private and commercial sites) still remaining in Calcasieu Parish as a result of Hurricane Rita, and that in 2008 FEMA would begin charging rent in incremental amounts on these units with the ceiling on rental amounts to be the fair market value of the individual properties. The Committee recommended that the following resolutions be adopted:

 

Storm-related temporary housing – to allow existing, temporary, non-conforming residential dwellings to remain at the current locations until March 1 2008, and further, to exclude any new installations with the exception of FEMA unit replacements or new emergency installations to comply with federal regulations.

 

FEMA Sales Program (manufactured homes) – to approve the issuance of a Letter to Authorize Sale following a determination by the Division of Planning and Development that the manufactured home is in compliance with local ordinances.

 

FEMA Sales Program (travel trailers) – to approve the issuance of a Letter to Authorize Sale with a condition that the travel trailer must be disconnected from water, sewer, and electricity by the March 1, 2008, end date of temporary waiver.

 

(3)       Received report from the Division of Planning and Development on the Police Jury’s request to the Louisiana Department of Environmental Quality to approve an alternate site located in Calcasieu Parish for temporary disposal of Regulated Asbestos Containing Material (RACM). The Committee recommended that a two-year extension of the zoning waiver be approved to allow continued use of the current site (known as the Gilliam site) located off of Joe LeDoux Road in Ward Three.


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


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


            As a result of approval of all recommendations of the Ways and Means Committee, the following resolutions were adopted:


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 7th day of June, 2007, that with reference to storm-related (Hurricane Rita) temporary housing, it does hereby allow existing, temporary, non-conforming residential dwellings to remain at their current locations until March 1, 2008.


            BE IT FURTHER RESOLVED that any new installations are hereby excluded with the exception of FEMA unit replacements or new emergency installations to comply with FEMA regulations.


            THUS PASSED AND ADOPTED on the date above inscribed.


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 7th day of June, 2007, that with reference to the FEMA Sales Program (Manufactured Homes), it does hereby approve the issuance of a “Letter to Authorize Sale” following a determination by the Division of Planning and Development that the manufactured home is in compliance with local ordinances.


            THUS PASSED AND ADOPTED on the date above inscribed.


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


RESOLUTION


            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 7th day of June, 2007, that with reference to the FEMA Sales Program (Travel Trailers), it does hereby approve the issuance of a “Letter to Authorize Sale” with a condition that the travel trailer must be disconnected from water, sewer, and electricity by the March 1, 2008, end date of temporary waiver.


            THUS PASSED AND ADOPTED on the date above inscribed.


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


            With regard to Recommendation No. 3 of the Ways and Means Committee, Mr. Vickers reported that he had a copy of letter from the Louisiana Department of Environmental Quality denying the Parish’s request. He further reported that the staff had talked with people who were interested in buying this site who thought they could get the site re-permitted, and he thought they should be allowed to do that.


            Upon motion made by Mr. Andrepont, which was duly seconded by Mrs. Griffin and carried unanimously, the following resolution was adopted:


RESOLUTION


            WHEREAS, the Calcasieu Parish Police Jury adopted a resolution on the 3rd day of May, 2007, requesting the Louisiana Department of Environmental Quality (LDEQ) to 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; and


            WHEREAS, the LDEQ subsequently denied this request, and a waiver of zoning requirements was granted by the Police Jury to the operator of an existing RACM site (known as the Gilliam site) located off of Joe LeDoux Road in Ward Three of Calcasieu Parish; and


            WHEREAS, this site was the only RACM site in the Parish and is now closed, and the cost of transporting asbestos to the Jefferson Davis Parish landfill is astronomical and cost-prohibitive; and


            WHEREAS, the former Gilliam site is currently in transition insofar as ownership, and an extension of the zoning waiver would allow the local group attempting to permit and purchase the site an opportunity to continue to operate same so that Calcasieu Parish would have at least one site in the Parish for disposal of this hazardous material.


            NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 7th day of June, 2007, that it does hereby extend the zoning waiver which was granted for the Gilliam site located off of Joe LeDoux Road in Ward Three of Calcasieu Parish.


            BE IT FURTHER RESOLVED that the Louisiana Department of Environmental Quality (LDEQ) is respectfully requested to act favorably upon the permit application for operation of the former Gilliam site so that Calcasieu Parish will continue to have at least one site in the Parish for disposal of regulated asbestos containing material (RACM).


            BE IT FURTHER AND FINALLY RESOLVED that a certified copy of this resolution be forwarded to the LDEQ and to all members of the Calcasieu Legislative Delegation.


            THUS APPROVED AND ADOPTED on this, the 7th day of June, 2007.


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


            It was moved by Mr. Manuel, 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 May 22, 2007, on the following cases, and to adopt an ordinance with respect to each piece of property where applicable:


1.         AP03-149-04 (2619 Ryan 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 $250,000.00 of Dr. Stephen Christopher Ayers be accepted.


2.         AP03-159-04 (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 $1,000.00 of Mr. Craig Oliver Rodriguez be accepted.


3.         AP03-202-05 (Gelpi Drive-vacant lot) (Police Jury District 9, Mr. Guidry)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,600.00 of Mr. Murphy James Bellard be accepted.


4.         AP03-204-05 (Fitzenreiter Road-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 $7,500.00 of Sonia Petroleum, Inc. be accepted.


5.         AP03-383-07 (Mill and Goos Streets-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 $650.00 of Mr. Joseph James Chapman be accepted.


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

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


7.         AP03-401-07 (S. Cherry 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 $1,100.00 of Sonia Petroleum, Inc. be accepted.


8.         AP03-402-07 (St. Cherry 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 $1,100.00 of Sonia Petroleum, Inc. be accepted.


9.         AP03-403-07 (Sonnier Street-vacant lot) (Police Jury District 5, Dr. Mackey)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,700.00 of Mr. Lawrence Brown be accepted.


10.       AP04-091-03 (E. Burton 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 $14,500.00 of Mr. Raphael B. Sias be accepted.


11.        AP06-057-02 (Highway 389 & Bill Phillips Road-vacant lot) (Police Jury District 11, Mrs. Treme)

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


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


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


ORDINANCE NO. 5295

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 14 Blk 5 Woodlawn Add.; (AP03-149-04; Tax Assessment No. 314951); 2619 Ryan Street in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Dr. Stephen Christopher Ayers, his designated agent, or assignee for the consideration of $250,000.00 (two hundred fifty thousand 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 14 Blk 5 Woodlawn Add.; (AP03-149-04; Tax Assessment No. 314951); 2619 Ryan Street 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 Dr. Stephen Christopher Ayers, to purchase said property for the consideration of $250,000.00 (two hundred fifty 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 Dr. Stephen Christopher Ayers, 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 June, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:


        Section 1.       The property described as: Lot 14 Blk 5 Woodlawn Add.; (AP03-149-04; Tax Assessment No. 314951); 2619 Ryan Street 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 Dr. Stephen Christopher Ayers., his designated agent, or assignee for and in consideration of $250,000.00 (two hundred fifty 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:

 

            (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 7th day of June, 2007.

 

                                                                                                /s/ Chris E. Landry, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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


ORDINANCE NO. 5296

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 23 Katula Sub less 30% int for 1981 taxes; (AP03-159-04; Tax Assessment No. 539368); 200 Block of Calcasieu Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Craig Oliver Rodriguez, his 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: Lot 23 Katula Sub less 30% int for 1981 taxes; (AP03-159-04; Tax Assessment No. 539368); 200 Block of Calcasieu 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. Craig Oliver Rodriguez, 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


        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. Craig Oliver Rodriguez, 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 June, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:


        Section 1.       The property described as: Lot 23 Katula Sub less 30% int for 1981 taxes; (AP03-159-04; Tax Assessment No. 539368); 200 Block of Calcasieu 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. Craig Oliver Rodriguez., his 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:

 

            (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 7th day of June, 2007.

 

                                                                                                /s/ Chris E. Landry, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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


ORDINANCE NO. 5297

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 17 Blk B Airview Terrace; (AP03-202-05; Tax Assessment No. 433004); 400 Block of Gelpi Drive - vacant lot 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 $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: Lot 17 Blk B Airview Terrace; (AP03-202-05; Tax Assessment No. 433004); 400 Block of Gelpi Drive - 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. Murphy James Bellard, 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. 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 June, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:


        Section 1.       The property described as: Lot 17 Blk B Airview Terrace; (AP03-202-05; Tax Assessment No. 433004); 400 Block of Gelpi Drive - 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. Murphy James Bellard., 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 7th day of June, 2007.

 

/s/ Chris E. Landry, President

 

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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


ORDINANCE NO. 5298

 

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 7 E H Dever Sub 22.9.8; (AP03-204-05; Tax Assessment No. 432962); 2800 Block of Fitzenreiter Road - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Sonia Petroleum, Inc., its designated agent, or assignee for the consideration of $7,500.00 (seventy 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 7 E H Dever Sub 22.9.8; (AP03-204-05; Tax Assessment No. 432962); 2800 Block of Fitzenreiter Road - 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 Petroleum, Inc, to purchase said property for the consideration of $7,500.00 (seventy 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 Sonia Petroleum, 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 7th day of June, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:


        Section 1.       The property described as: Lot 7 E H Dever Sub 22.9.8; (AP03-204-05; Tax Assessment No. 432962); 2800 Block of Fitzenreiter Road - 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 Petroleum, Inc., its designated agent, or assignee for and in consideration of $7,500.00 (seventy 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:

 

            (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 &