July 5, 2007

                                                                                    Lake Charles, Louisiana

            The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, July 5, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:

Mesdames Elizabeth Conway Griffin and Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Don Manuel, Hal McMillin, and Tony Stelly

Absent: Messrs. Guy Brame and Cornelius “Cornie” Moon (both out of town)

            Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr., of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.

            President 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 a public hearing would be held during the meeting on this date relative to the levy of ad valorem tax millages within Calcasieu Parish.

            President Landry advised 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. 2007-03 (Old Camp Road Bridge Replacement and New Construction of Various Roads in Calcasieu Parish), and appropriate action would be taken thereon.

            Mr. McMurry then proceeded to open the following bids:

                        Civil Construction Company and Environmental Services           $2,833,310.85

                        W. E. McDonald and Son                                                          $2,037,856.35

            There being no other bids, motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the bids 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 July 19, 2007.

            President Landry advised that no action was needed on applications for liquor and beer permits, due to the fact that no applications had been submitted.

            Upon motion made by Dr. Mackey, which was duly seconded by Mr. Manuel and carried unanimously, the payment of all current invoices was approved.

            It was moved by Mrs. Griffin, seconded by Mr. Collins and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury held on June 7, 2007, and the reading of same was dispensed with.

            Motion was made by Mr. Collins, seconded by Dr. Mackey and carried unanimously that the Agenda Committee Report dated June 28, 2007, be approved as follows:

AGENDA COMMITTEE REPORT

June 28, 2007

             A meeting of the Agenda Committee was held on Thursday, June 28, 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. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, and Mr. Jim 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 July 5, 2007.

            Following review of the items to be considered by the Police Jury on July 5^th, and after recommendations for appointments to various boards of special service districts were made by members of the Committee, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.

            Chairman Brame noted that a public hearing relative to the levy of ad valorem tax millages within Calcasieu Parish would be held at the Regular Meeting on July 5^th.

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

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

            Motion was made by Mrs. Griffin, duly seconded by Mr. Collins and carried unanimously that the Public Works Committee Report dated June 28, 2007, and all recommendations contained therein, be approved as follows:

PUBLIC WORKS COMMITTEE REPORT

June 28, 2007

______________________________________

            A meeting of the Public Works Committee was held on Thursday, June 28, 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. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith, Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jim Vickers, and Mr. Allen Wainwright.

            Said Committee:

1.         Received report from Engineering staff regarding a draft drainage impact analysis and draft design ordinances for new subdivision developments. The Committee took same under advisement and recommended that a liaison group consisting of Jurors and representatives of local engineering firms and developers, as well as the Parish Engineering and Planning Staffs, meet to review and make recommendations to the Public Works Committee on these matters.

2.         Recommended that a resolution be adopted accepting Eagle’s Nest Subdivision located on Birdnest Road and Paul Bellon Road in Section 22, Township 8 South, Range 8 West, in Ward One. (Police Jury District 2, Mr. Collins)

3.         Recommended that a resolution be adopted accepting Tupelo Subdivision located on Goos Ferry Road in Sections 2 and 3, Township 9 South, Range 8 West, in Wards Three and One. (Police Jury District 2, Mr. Collins)

4.         Recommended that a resolution be adopted accepting Metzger Subdivision located on Metzger Road and Ardoin Road in Sections 11 and 14, Township 10 South, Range 7 West, in Ward Eight. (Police Jury District 10, Mr. Stelly)

5.         Recommended that a resolution be adopted accepting Lakes of Clearfield Subdivision Phase One Part One located on Kade Daniel Road in Section 19, Township 10 South, Range 7 West, in Ward Two. (Police Jury District 10, Mr. Stelly)

6.         Recommended that a resolution be adopted accepting Cole Acres Subdivision located on A.A. Meyers Road in Section 27, Township 10 South, Range 10 West, in Ward Four. (Police Jury District 12, Mr. Clement)

7.         Recommended that a resolution be adopted authorizing the Director of the Division of Planning and Development to file, and the Calcasieu Parish Clerk of Court’s Office to accept, the Goos Ferry Subdivision Plat of Survey located on Goos Ferry Road (Private) in Sections 2 and 3, Township 9 South, Range 8 West, in Ward One. (Police Jury District No. 2, Mr. Collins)

8.         Recommended that a resolution be adopted authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related to the administration of the Louisiana Community Development Block Grant Water Project in the Starks Community.

9.         Recommended that a resolution be adopted confirming that the Residential Antidisplacement and Relocation Plan previously adopted by the Police Jury on September 23, 2004, will continue in effect throughout Fiscal Year 2006 of the Louisiana Community Development Block Grant Program.

10.       Recommended that an ordinance be adopted establishing “no parking” on Kassy Lane in Ward Six. (Police Jury District 14, Mr. McMillin)

11.        Recommended that a resolution be adopted authorizing an Exchange Real Estate Agreement between the Police Jury and Temple Inland for the Pine Forest Road Project, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

12.       Recommended that the Parish Purchasing Agent be authorized to advertise for bids for one one-ton regular cab pickup truck with utility bed, for use by the Division of Engineering and Public Works (Special Projects Crew).

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

            As a result of approval of all recommendations contained in the Public Works Committee Report as outlined previously, the following resolutions and ordinance were adopted:

RESOLUTION

            WHEREAS, Randy Crooks and Kenneth Crooks subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as Eagle’s Nest Subdivision, a subdivision in Section 22, Township 8 South, Range 8 West, Calcasieu Parish, Louisiana; and

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

            WHEREAS, said subdivision plat was prepared by W. L. Haymon, Registered Land Surveyor No. 1823, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

            WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on July 11, 2007, and will bear File No. 2821130.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of July, 2007, that it does hereby officially accept the plat of Eagle’s Nest Subdivision in Ward One of Calcasieu Parish, Louisiana.

            THUS DONE AND PASSED on the 5^th day of July, 2007.

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

RESOLUTION

            WHEREAS, Bel Commercial, LLC, subdivided certain property in Wards One and Three of Calcasieu Parish, Louisiana, known as Tupelo Subdivision, a subdivision in Sections 2 & 3, Township 9 South, Range 8 West, Calcasieu Parish, Louisiana; and

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

            WHEREAS, said subdivision plat was prepared by James H. Knapp, Registered Land Surveyor No. 4468, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

            WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on July 11, 2007, and will bear File No. 2821131.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of July, 2007, that it does hereby officially accept the plat of Tupelo Subdivision in Wards One and Three of Calcasieu Parish, Louisiana.

            THUS DONE AND PASSED on the 5^th day of July, 2007.

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

RESOLUTION

            WHEREAS, SW Land and Cattle subdivided certain property in Ward Eight of Calcasieu Parish, Louisiana, known as Metzger Subdivision, a subdivision in Sections 11 & 14, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana; and

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

            WHEREAS, said subdivision plat was prepared by W. L. Haymon, Registered Land Surveyor No. 1823, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

            WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on July 11, 2007, and will bear File No. 2821133.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of July, 2007, that it does hereby officially accept the plat of Metzger Subdivision in Ward Eight of Calcasieu Parish, Louisiana.

            THUS DONE AND PASSED on the 5^th day of July, 2007.

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

RESOLUTION

            WHEREAS, Clearfield Development, LLC, subdivided certain property in Ward Two of Calcasieu Parish, Louisiana, known as Lakes of Clearfield Subdivision Phase I Part I, a subdivision in Section 19, Township 10 South, Range 7 West, Calcasieu Parish, Louisiana; and

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

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

            WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on July 11, 2007, and will bear File No. 2821129.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of July, 2007, that it does hereby officially accept the plat of Lakes of Clearfield Subdivision Phase I Part I in Ward Two of Calcasieu Parish, Louisiana, including Kade Daniel Drive, Jude Vincent Lane, W. Nick Claire Lane, E. Nick Claire Lane, and Kate Lane within said subdivision, for future maintenance by the Parish.

            THUS DONE AND PASSED on the 5^th day of July, 2007.

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

RESOLUTION

            WHEREAS, Audrey Cole subdivided certain property in Ward Four of Calcasieu Parish, Louisiana, known as Cole Acres Subdivision, a subdivision in Section 27, Township 10 South, Range 10 West, Calcasieu Parish, Louisiana; and

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

            WHEREAS, said subdivision plat was prepared by J. O’Neil Hebert III, Registered Land Surveyor No. 4584, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

            WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on July 31, 2007, and will bear File No. 2824674.

            NOW THEREFORE,

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of July, 2007, that it does hereby officially accept the plat of Cole Acres Subdivision in Ward Four of Calcasieu Parish, Louisiana.

            THUS DONE AND PASSED on the 5^th day of July, 2007.

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

RESOLUTION

            BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 5^th day of July, 2007, that it does hereby authorize the Director of the Parish Division of Planning and Development and the Calcasieu Parish Clerk of Court to file the plat of Goos Ferry Subdivision located off of Goos Ferry Road (Private) in Ward One in Sections 2 and 3, Township 9 South, Range 8 West, Calcasieu Parish, Louisiana, in the records of the Calcasieu Parish Clerk of Court, for the sole purpose of meeting the legal recording requirements, bearing File No. 2821132.

            BE IT FURTHER RESOLVED that the recordation of the survey shall not be construed to mean that the Police Jury and/or Parish Planning and Zoning Board or anyone acting on their behalf has accepted and/or approved the streets, roads, drainage system, or any facilities in the subject survey.

            BE IT FURTHER RESOLVED that said streets, roads, and drainage system on the aforementioned plat have not been and are not hereby approved in accordance with parish ordinances and regulations, and are solely private in nature.

            BE IT FURTHER AND FINALLY RESOLVED that a certified copy of this resolution shall be filed in the office of the Calcasieu Parish Clerk of Court and reference shall be made to same on the plat to be recorded.

            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 5^th day of July, 2007, that it does hereby authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related to the administration of the Louisiana Community Development Block Grant Water Project in the Starks Community.

            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 5^th day of July, 2007, that it does hereby confirm that the Residential Antidisplacement and Relocation Plan previously adopted by the Police Jury on September 23, 2004, as set forth below, will continue in effect throughout Fiscal Year 2006 of the Louisiana Community Development Block Grant Program.

RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN UNDER SECTION 104(d) OF THE

HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED

The Calcasieu Parish Police Jury will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to use other than as low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606(b)(1). The Calcasieu Parish Police Jury Anti-displacement contact person is Tarek Polite who can be reached at (337) 721-3550.

All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the Calcasieu Parish Police Jury will notify the public and submit to the Division of Administration the following information in writing:

1.         A description of the proposed assisted activity;

2.         The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than low/moderate-income dwelling units as a direct result of the assisted activity;

3.         A time schedule for the commencement and completion of the demolition or conversion;

4.         The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

5.         The source of funding and a time schedule for the provision of replacement dwelling units; and

6.         The basis for concluding that each replacement dwelling unit will remain in a low/moderate-income unit for at least 10 years from the date of initial occupancy.

The Calcasieu Parish Police Jury will provide relocation assistance, as described in 570.606(b)(2), to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities.

Consistent with the goals and objectives of activities assisted under the Act, the Calcasieu Parish Police Jury will take the following steps to minimize the displacement of persons from their homes;

1.         All public facilities projects (water, sewer, gas, etc.) will be designed so that there will be no displacement of any residences or businesses;

2.         No homes will be demolished that can be rehabilitated; and

3.         There will be no displacement of any residential business occupants on LCDBG projects.

                        THUS DONE AND PASSED on the 5^th day of July, 2007.

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

ORDINANCE NO. 5317

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 Kassy Lane in Ward Six of Calcasieu Parish, Louisiana.

            BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 5^th day of July, 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:

Kassy Lane in Ward 6

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

            BE IT FURTHER ORDAINED that appropriate signs shall be posted along Kassy 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 5^th day of July, 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 5^th day of July, 2007, that it does hereby authorize an Exchange Real Estate Agreement between the Police Jury and Temple Inland for the Pine Forest Road Project.

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

            THUS DONE AND PASSED on the date above inscribed.

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

            Motion was made by Mr. Manuel, seconded by Dr. Mackey and carried unanimously that the recommendations of the Director of the Division of Planning and Development be approved in reference to the Surplus Adjudicated Property Sale conducted on June 26, 2007, on the following cases and that an ordinance be adopted with respect to each piece of property when applicable:

AP03-067-02 (S. Franklin Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,900.00 of Mr. Wesley Burks be accepted.]

AP03-085-03 (219 N. Moss Street) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,300.00 of Ms. Michelle Denise DeJean be accepted.]

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

[No bid was received; therefore, no action is needed.]

AP03-404-07 (Libby & Fournet 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 $1,800.00 of Mr. Robert Celestine be accepted.]

AP03-405-07 (N. Lyons Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 of Mr. Robert Lynn Lewis be accepted.]

AP03-406-07 (N. Lyons & Lewis 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 $7,500.00 of Mr. Robert Lynn Lewis be accepted.]

AP03-407-07 (Jackson Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,400.00 of Primeaux Landz, LLC be accepted.]

AP03-408-07 (Goss Boulevard & Fournet Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,100.00 of Mr. Byron Gerard Hardy be accepted.]

AP03-409-07 (North Cherry Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,600.00 of Mr. Roy Emile Washington, III be accepted.]

AP03-410-07 (Railroad Avenue & Lyons Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $1,000.00 of Ms. Marquita Arlene Williams be accepted.]

AP03-411-07 (Carl & Katherine 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 $2,600.00 of Mr. Wilvon Allison be accepted.]

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

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

ORDINANCE NO. 5318

AN ORDINANCE authorizing the Police Jury to declare the property described as: E 125 ft Lot 8 Blk 5 Horridge Add (from Zillah F. Whitt; File 1012874, 1012875, B 930 P 313 B 932 P 23-65); (AP03-067-02; Tax Assessment No. 550345); 400 Block of S. Franklin Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Mr. Wesley Burks, his designated agent, or assignee for the consideration of $3,900.00 (three thousand nine hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

        WHEREAS, the Parish of Calcasieu owns property described as: E 125 ft Lot 8 Blk 5 Horridge Add (from Zillah F. Whitt; File 1012874, 1012875, B 930 P 313 B 932 P 23-65); (AP03-067-02; Tax Assessment No. 550345); 400 Block of S. Franklin 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. Wesley Burks, to purchase said property for the consideration of $3,900.00 (three thousand nine 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. Wesley Burks, for the offered consideration.

        NOW, THEREFORE,

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

        Section 1.       The property described as : E 125 ft Lot 8 Blk 5 Horridge Add (from Zillah F. Whitt; File 1012874, 1012875, B 930 P 313 B 932 P 23-65); (AP03-067-02; Tax Assessment No. 550345); 400 Block of S. Franklin 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. Wesley Burks, his designated agent, or assignee for and in consideration of $3,900.00 (three thousand nine hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

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

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

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

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

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

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

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

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

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