August 16, 2007
Lake Charles, Louisiana
The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, August 16, 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:
Mrs. Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Don Manuel, Charles S. Mackey, D.D.S., Hal McMillin, Cornelius “Cornie” Moon, and Tony Stelly
Absent: Mrs. Elizabeth Conway Griffin
Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Dick Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Allen Smith of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Claude Smart, Parish Engineer; Mr. Gerry Trahan, Director of Facilities Management; and Mr. Jim Vickers, Director of Planning and Development.
President Landry called the meeting to order. The invocation was pronounced by Mr. Collins 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 silenced so they would not interrupt the meeting.
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 office renovations to existing building (former Mire Building) located at the corner of Ryan and Gill Streets, and appropriate action would be taken thereon.
Mr. McMurry then proceeded to open the following bids:
Bidder Base Bid Add Alternate #1 Unit Price Bid
John D. Myers & Associates, Inc. $244,800.00 $12,000.00 $5.00/sq. ft.
Ribbeck Construction Company $271,677.00 $17,394.00 $4.47/sq. ft.
Sam Istre Construction $248,500.00 $21,530.00 $3.40/sq. ft.
There being no other bids, motion was made by Mrs. Treme, seconded by Mr. Brame and carried unanimously that the bids be referred to the Project Architect for final tabulation, with further action thereon to be taken by the Police Jury at its Regular Meeting on September 6, 2007.
It was moved by Mr. Manuel, seconded by Dr. Mackey and carried unanimously to suspend the rules by a two-thirds majority vote to receive a report from staff for the purpose of clarifying intent of action taken by the Police Jury on July 5, 2007, authorizing a Joint Services Agreement with the City of Lake Charles which provided for the use by the City of the Parish’s “quick-take” authority for the acquisition of right-of-way for a City sewer effluent line in the vicinity of the Alcoa Plant in south Ward Three.
Mr. McMurry explained that the resolution adopted by the Police Jury on July 5th took care of the issue he wanted to discuss with the jurors but since it was not talked about at that meeting, he felt it was important for them to hear “the rest of the story”. Mr. McMurry advised that subsequent to adoption of the resolution, discussions had taken place regarding a better route which would be more environmentally friendly and that this route would cross other property in addition to that owned by Alcoa.
Motion was made by Dr. Mackey and seconded by Danahay that the Police Jury’s action on July 5, 2007, with regard to this matter be affirmed, with the understanding that other property in addition to that owned by Alcoa would be involved.
In answer to a question by Mr. Clement, Mr. McMurry advised that the City was just “borrowing” the Parish’s quick take authority in this one instance.
President Landry stated that an update would be received at this time from the staff on activities related to the Parish’s efforts in the operation of Gravity Drainage District No. Eight of Ward One.
Mr. McMurry thanked Mr. Allen Wainwright, Public Works Operations Manager, for the report he had compiled, copies of which were distributed to the Jury, and he asked Mr. Wainwright to give an executive summary of the report.
Mr. Wainwright began by thanking the board members and employees of the District, as well as the Public Works employees who had helped compile the report. Mr. Wainwright explained that the report was broken into six sections: (1) Human Resources, Training and Safety, (2) Daily Operations, (3) Accounting and Finance, (4) Best Management Practices, (5) Fleet Management, and (6) Vegetation and Herbicide Program. He further explained that each of these six sections had three sub-sections: (1) findings, (2) immediate actions, and (3) recommendations. Mr. Wainwright advised that the last section of the report was entitled “Summary and Observation,” and he pointed out that many of the problems currently facing the District were systemic in that they were attributable more to the system (of governance of drainage) than the individual district. Mr. Wainwright stated that the key to improving drainage in the District was for the citizens to come together to provide adequate rights-of-way. Mr. Wainwright recommended that the Board of Commissioners needed to resume operation of the District by picking up the pieces, starting the healing process and more importantly, regaining the confidence of the citizens. Mr. Wainwright also recommended that the District take better advantage of doing business with some of the departments in the Parish Government Building so that those resources could be utilized for the District’s benefit.
Mr. Wainwright further recommended that efforts should start, now that the report was completed, on hiring a new superintendent for the District. He stated that one of the toughest recommendations was that the Board needed to meet more often than once a month in a District as big as the Ward One district and that some sort of plan should be devised so that the Board could be better in touch with daily operations. Mr. Wainwright closed by saying that the task assigned to his department was complete, however, he felt it would be worthwhile for the staff to periodically check to ensure that recommendations contained in the report were being followed in order to “keep the train moving in the right direction.”
Mr. George Wilkinson, President of the Board of Commissioners of the District, appeared before the Police Jury and expressed his appreciation for Mr. Wainwright’s assistance, pointing out that they had both learned from each other during the process.
Motion was made by Mrs. Treme, seconded by Mr. Manuel and carried unanimously that the report as presented by staff be received.
Upon motion made by Mr. Moon, which was duly seconded by Mr. McMillin and carried unanimously, the following applications for liquor and beer permits were approved, and the issuance of the Special Events Permit as listed was ratified:
WARD III
Legion Petroleum, LLC
Satnam Singh - Member
FAST STOP DELI
3607 Senator J. Bennett Johnston Ave.
Lake Charles, LA 70615 Beer 35.00
(Tony Guillory’s District)
Legion Petroleum, LLC
Satnam Singh - Member
FAST STOP (C-Store)
3605 Senator J. Bennett Johnston Ave..
Lake Charles, LA 70615 Liquor & Beer — Pkg. 75.00
(Tony Guillory’s District)
TOTAL REMITTANCE: 110.00
Type C permit to allow alcoholic beverages for the special event:
TUFF HEDEMAN LOUISIANA SHOOTOUT
September 21 - 22, 2007
Burton Memorial Coliseum
7001 Gulf Highway
Lake Charles, LA 70607
Howard L. Correll, Jr. — High Gear Rodeo
(Chris Landry’s District)
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It was moved by Mr. Andrepont, seconded by Mr. Guidry and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated July 19, 2007.
President Landry advised that action was needed on a revision to RZ01-025-05 which was a request by David Reeves to amend Ordinance No. 4959, Stipulation No. 3, to read that “the use be limited to a storage yard and hair salon only”, said property located at 954 White Road in Ward One, Police Jury District 2 (Mr. Collins’ district). President Landry also advised that the Planning and Zoning Board had met on Tuesday, August 14, 2007, and voted unanimously to recommend that the request be granted. [On August 18, 2005, the Police Jury approved the petitioner’s request to rezone from R-2 (Mixed Residential) to I-1 (Light Industrial) to allow a sewer installation business and at that time, it was stipulated that “the use be limited to a storage yard only.” The petitioner was requesting on this date that the hair shop also be added to the stipulation.]
Upon motion made by Mr. Andrepont, which was duly seconded by Mr. Manuel and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to a request for revision of RZ01-025-05, and the request was granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5356
AN ORDINANCE amending Ordinance No. 4959, adopted by the Police Jury on August 18, 2005, (Zoning Case RZ01-025-05), Stipulation No. 3.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that Ordinance No. 4959, adopted by the Police Jury on August 18, 2005, (Zoning Case RZ01-025-05), Stipulation No. 3 is hereby amended to read in its entirety as follows: that the use be limited to a storage yard and hair salon only, on the following property:
Tract of land in the W/2 of NE/4 of SE/4 of S4, T9S, R8W, La. Mer., Com at the NE cor of land sold to John T. Reeves by John G. Roberts; thence N 204 feet; thence N 81 degs 27 minutes W 701 feet to the W line of W/2 NE/4 SE/4 said Section 4; South 204 feet; S 81 degs 27 minutes E 701 feet to the poc.
Zoning Case RZ01-025-05
BE IT FURTHER ORDAINED that the above described property is hereby classified and ratified as I-1 (Light Industrial).
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
This ordinance was adopted on the 16th day of August, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Landry advised that action was needed on RA01-002-07 which was a request by Dale Andrews for a road abandonment to abandon two rights-of-way off of West Leichty Road in Ward One, Police Jury District 1 (Mr. Manuel’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, August 14, 2007, and voted unanimously to recommend that the request be granted.
It was moved by Mr. Manuel, seconded by Mrs. Treme and carried unanimously to uphold the recommendation of the Planning and Zoning Board with reference to RA01-002-07 and to grant the request to abandon; whereupon, the following resolution was adopted:
RESOLUTION
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that it does hereby abandon two rights-of-way located off of West Leichty Road in Ward One of Calcasieu Parish, Louisiana, as requested by Dale Andrews and as recommended by the Calcasieu Parish Planning and Zoning Board, on the property more particularly described as:
The following dedication for public right-of-way all is in the NW/4 of the SE/4 of Section 36, Township 8 South, Range 9 West, Louisiana Meridian, Calcasieu Parish, and is further limited to the right-of-way description detailed below. Dedication does not convey any royalty or mineral rights. These rights are reserved in perpetuity in favor of present landowner. Dr. Collier reserves right to name road at future date that Dr. Collier may later decide upon. Description of the center-line of this forty foot right-of-way is as follows: Beg at a point 250 feet S and 200 feet W of the NE cor of the NW ¼ of SE ¼, thence southerly for a distance of about 150 feet, coursing parallel to and remaining 200 feet west of the eastern boundary of said NW ¼ of SE ¼, to join and continue as the center line of the previously recently (also present year of 1962) dedicated and constructed parish road. Description of the center-line of this forty-foot right-of-way is as follows: Beg at a point, herein called point number one, located 669.95 feet S and 7 feet W of the NE cor of the NW ¼ of SE ¼ of above 36-8-9; thence westerly parallel to and remaining 669.95 feet S of the northern border of this NW ¼ of SE ¼ of said 36-8-9, crossing recently constructed parish road, and going to a point, herein called point number two, located 669.95 feet south and about 510 (more or less by a few feet on this 510 figure) feet west of the NE corner of this NW ¼ of SE ¼ of 36-8-9, and more exactly being at point number two a distance of 315 feet from the nearest point (by whatever directions proves to have the shortest radius) on the eastern descending bank (the more proximal bank) of Indian Bayou; thence with two separate branchings, both of which branchings being parallel to the eastern border of fore-mentioned NW ¼ of SE ¼, each branching being 100 feet in length, and the northern one of these two branchings terminating (dead-ending) at point number three, and the southern one of these two branchings called point number four; Point number four (the southern one of these two branchings) serves as reference point for proceeding thus from point four to point number five, which is 170 feet southwesterly from point number four, and which is also 315 feet from whatever point on the eastern descending (proximal) bank of Indian Bayou nearest to point number five; thence southerly, to point number 6, thence to point number 7, etc., thence to consecutively numbered point, etc., in succession, with the restriction that, starting with point number five-to-six interval, the spacing between every two consecutive points is 75 feet, except for the last (most southerly) point, which is the termination of this road, and which is located 5 feet north of the southern border of said NW ¼ of SE ¼, and which, if conditions require, may prove to be closer than 75 feet from the next-to-last point; and with the further restriction that every one of respective fore mentioned reference points is 315 feet from whatever part of eastern descending (proximal) bank of Indian Bayou is then nearest to the particular respective point being placed. This 315 ft. regulation causes point-sequence to follow general course of proximal bayou bank. Only points number one, three, & four may not conform to this 315-foot regulation.
RA01-002-07
BE IT FURTHER AND FINALLY RESOLVED that the above public rights-of-way set forth above are hereby declared officially abandoned with one-half of said abandoned rights-of-way reverting to the abutting property owners as prescribed by law.
THUS PASSED AND ADOPTED on the date above inscribed.
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President Landry advised that action was needed on RZ06-022-07 which was a request by Clarence M. Swilley, Jr. to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) at 1058 Highway 389 in Ward Six, Police Jury District 11 (Mrs. Treme’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, August 14, 2007, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that the manufactured home must be skirted prior to utilities being connected.
Motion was made by Mrs. Treme, seconded by Mr. Moon and carried unanimously that the recommendation of the Planning and Zoning Board be upheld with respect to RZ06-022-07 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5357
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, classifying the area: A request by Clarence M. Swilley, Jr. to rezone from C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) on the property described as: Lot 31 of Martin Acres, S2, T7S, R11W, less right-of-way drainage ditch.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended insofar as said ordinance and map pertain to the following property in Ward Six of this parish:
From C-1 (Light Commercial) to R-2 (Mixed Residential) to allow residential development (manufactured home) with the following stipulations: 1) that the development adhere to the site plan on file with the Division of Planning and Development; and 2) that the manufactured home must be skirted prior to utilities being connected, on the property described as: Lot 31 of Martin Acres, S2, T7S, R11W, less right-of-way drainage ditch.
Zoning Case RZ06-022-07
BE IT FURTHER ORDAINED that the rezoning of the above described property is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the classification of the new area of the above described property.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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President Landry advised that action was needed on ST04-004-06 which was a request by the Calcasieu Parish Police Jury to present a reclassification study of property located along South Beglis Parkway and the Ravia Road area in Ward Four, Police Jury District 15 (Mr. Danahay’s district). President Landry further advised that the Planning and Zoning Board had met on Tuesday, August 14, 2007, and voted six (for) to one (against) to recommend that the request be granted with the following stipulations: (1) that certain properties be reclassified as per attached map; (2) that the property reclassified to R-MHP must adhere to the site plan on file with the Division of Planning and Development; (3) that the property reclassified to R-MHP must install all fences within 60 days of zoning approval as depicted on the fence plan on file with the Division of Planning and Development; (4) that the property reclassified to R-MHP must have a landscape plan submitted and approved by the Division of Planning and Development for the areas along South Beglis Parkway, and landscaping must be installed upon completion of development prior to the recreational vehicles being placed on the property; (5) that the property reclassified to R-MHP must have all drives and parking hard surfaced (concrete or asphalt) prior to the recreational vehicles being placed on the property; (6) that the property reclassified to R-MHP must have a brick facade on the front of the office and bath house; (7) that all proper permits must be obtained prior to the issuance of an occupational license; (8) that all signs must be low-profile monument signs; and (9) that all electrical poles and lines must be removed that are currently zoned on the south half of Lot 19 of Oak Lane Subdivision within 60 days of zoning approval.
Upon motion made by Mr. Danahay, which was duly seconded by Mr. McMillin and carried unanimously, the recommendation of the Planning and Zoning Board was upheld with respect to ST04-004-06 and that the request to rezone be granted; whereupon, the following ordinance was adopted:
ORDINANCE NO. 5358
AN ORDINANCE amending Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to rezone certain properties along S. Beglis Parkway and the Ravia Road area in Ward Four of Calcasieu Parish, Louisiana.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that Chapter 26 - Zoning, of the Code of Ordinances of the Parish of Calcasieu, Louisiana, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, be and they are hereby amended by rezoning and reclassifying certain properties along S. Beglis Parkway and the Ravia Road area, more particularly described below, in Ward Four as shown on the “Zoning Map for S. Beglis Parkway Boundary with Reclassification ST04-004-06" which is attached hereto as Exhibit A and made a part hereof.
Com at a point from the SW cor of the SW/4 of NE/4 of S14, T10, R10W, thence N 1,320 feet, thence E approximately 1,000 feet, thence S 1,320 feet to the N right of way line of Ravia Road, thence East approximately 70 feet, thence S approximately 950 feet along the W right of way line of Hinch Road, thence W approximately 1,000 feet, thence N approximately 950 feet to the poc; with the following stipulations: 1) that certain properties be reclassified as per attached map; 2) that the property reclassified to R-MHP must adhere to the site plan on file with the Division of Planning and Development; 3) that the property reclassified to R-MHP must install all fences within 60 days of zoning approval as depicted on the fence plan on file with the Division of Planning and Development; 4) that the property reclassified to R-MHP must have a landscape plan submitted and approved by the Division of Planning and Development for the areas along S. Beglis Parkway and landscaping must be installed upon completion of development prior to the recreational vehicles being placed on the property; 5) that the property reclassified to R-MHP must have all drives and parking hard surfaced (concrete or asphalt) prior to the recreational vehicles being placed on the property; 6) that the property reclassified to R-MHP must have a brick façade on the front of the office and bath house; 7) that all proper permits must be obtained prior to the issuance of an occupational license; 8) that all signs must be low profile monument signs; and 9) that all electrical poles and lines must be removed that are currently located on the south half of Lot 19 of Oak Lane Subdivision within 60 days of zoning approval.
Study Case ST04-004-06
BE IT FURTHER ORDAINED that the rezoning as per the attached map is effective this date, classified in accordance with a new zoning District Map (adding to the existing District Map) which is attached to this ordinance to be placed on file in the Office of the Clerk of Court showing the reclassification of zoning district for said properties.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
* * * * * * * * * * * *
With regard to the foregoing, Mr. Vickers expressed his appreciation to Mr. Danahay for his outstanding efforts in affecting some compromises with the property owners and getting this study completed.
It was moved by Dr. Mackey, seconded by Mr. Collins and carried unanimously to adopt the following ordinance to rescind Ordinance No. 4288, Zoning Case RZ03-024-01, which was a request by Jewery B. Webb to rezone the property from C-2 (General Commercial) to I-2 (Heavy Industrial), due to cease of business at 101 Carpenter Lane in Ward Three, Police Jury District 2 (Mr. Collins’ district). [On July 19, 2001, the Police Jury approved a request from Jewery B. Webb to rezone from C-2 (General Commercial) to I-2 (Heavy Industrial) to allow a salvage yard, with the stipulation that should the business cease, the I-2 (Heavy Industrial) zoning classification was non-transferable, and the property would automatically revert to R-2 (Mixed Residential).]
ORDINANCE NO. 5359
AN ORDINANCE repealing Ordinance No. 4288, adopted by the Police Jury on July 19, 2001, which rezoned the following property in Ward Three, in Zoning Case RZ03-024-01 from C-2 (General Commercial) to I-2 (Heavy Industrial), since the business has ceased operation on the property described as: Lot 12 and S/2 of Lot 11 of Carpenter Subdivision.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that Ordinance No. 4288, adopted by the Police Jury on July 19, 2001, is hereby repealed and declared to be null and void and of no effect.
BE IT FURTHER ORDAINED that the following described property is hereby classified as R-2 (Mixed Residential): Lot 12 and S/2 of Lot 11 of Carpenter Subdivision.
BE IT FURTHER ORDAINED that Chapter 26 - Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, are hereby amended to reflect the R-2 (Mixed Residential) zoning classification referred to above.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Motion was made by Mr. Stelly, seconded by Mr. McMillin and carried unanimously that the following ordinance be adopted rescinding Ordinance No. 5135 and reverting property from R-MHP (Manufactured Home Park) to A-1 (Agricultural) due to non-development at 7331 McCown Road, Police Jury District 10 (Mr. Stelly’s district): (The Police Jury rezoned the property on August 17, 2006, at the request of Stacy and Esther Dickson to allow a manufactured home park, but the owner decided not to develop a manufactured home park on the property.)
ORDINANCE NO. 5360
AN ORDINANCE repealing Ordinance No. 5135, adopted by the Police Jury on August 17, 2006, which rezoned the following property in Ward Eight, in Zoning Case RZ08-025-06 from A-1 (Agricultural) to R-MHP (Manufactured Home Park), due to non-development on the property described as: Lot 4 of the survey of the partition of Telesphore LeLeaux, as per plat recorded in Plat Book 9, page 113.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that Ordinance No. 5135, adopted by the Police Jury on August 17, 2006, is hereby repealed and declared to be null and void and of no effect.
BE IT FURTHER ORDAINED that the following described property is hereby classified as A-1 (Agricultural): Lot 4 of the survey of the partition of Telesphore LeLeaux, as per plat recorded in Plat Book 9, page 113.
BE IT FURTHER ORDAINED that Chapter 26 - Zoning, of the Code of Ordinances, and the Comprehensive Zoning Map for Calcasieu Parish, Louisiana, are hereby amended to reflect the A-1 (Agricultural) zoning classification referred to above.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon its adoption.
BE IT FURTHER ORDAINED that any ordinance or parts of any ordinance in conflict herewith are hereby repealed.
THUS DONE AND PASSED BY THE CALCASIEU PARISH POLICE JURY on the date above inscribed.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Dr. Mackey, which was duly seconded by Mr. Guidry and carried unanimously, the following ordinance was adopted:
ORDINANCE NO. 5361
AN ORDINANCE amending Ordinance No. 5001, adopted by the Police Jury on December 1, 2005, which declared property described as: Lot 22 Blk 21 Himount and ½ Aband Alley on North; (AP03-258-05; Tax Assessment No. 408336); 1000 Block of Orange Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and authorized the sale of said lot to Ms. Connie Ann Bass Savoie, her designated agent, or assignee for the consideration of $6,700.00 (six thousand seven hundred dollars) cash.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of August, 2007, that it does hereby amend Ordinance No. 5001, adopted by the Police Jury on December 1, 2005, which declared property described as: Lot 22 Blk 21 Himount and ½ Aband Alley on North; (AP03-258-05; Tax Assessment No. 408336); 1000 Block of Orange Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and authorized the sale of said lot to Ms. Connie Ann Bass Savoie, her designated agent, or assignee for the consideration of $6,700.00 (six thousand seven hundred dollars) cash, to allow additional time to December 31, 2007, to facilitate the closing and sale of the above described property.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
This ordinance was adopted on the 16th day of August, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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It was moved by Mr. Collins, seconded by Mr. Guillory and carried unanimously to adopt the following ordinance:
ORDINANCE NO. 5362
AN ORDINANCE amending Ordinance No. 5066, adopted by the Police Jury on March 2, 2006, which declared property described as: Com on E/L Lot 1 Blk 37 Moeling Add, 100 ft N of SE Cor Blk 37, W 133.6 ft N 50 ft etc.; (AP03-298-06; Tax Assessment No. 338958); 1500 Block of N. Junior Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and authorized the sale of said lot to Mr. Collie William Thomas, his designated agent, or assignee for the consideration of $1,100.00 (one thousand one hundred dollars) cash.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of August, 2007, that it does hereby amend Ordinance No. 5066, adopted by the Police Jury on March 2, 2006, which declared property described as: Com on E/L Lot 1 Blk 37 Moeling Add, 100 ft N of SE Cor Blk 37, W 133.6 ft N 50 ft etc.; (AP03-298-06; Tax Assessment No. 338958); 1500 Block of N. Junior Street - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and authorized the sale of said lot to Mr. Collie William Thomas, his designated agent, or assignee for the consideration of $1,100.00 (one thousand one hundred dollars) cash, to allow an additional two-month extension to facilitate the closing and sale of the above described property.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
This ordinance was adopted on the 16th day of August, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Motion was made by Mr. Andrepont, seconded by Mr. Moon and carried unanimously that the following ordinance be adopted:
ORDINANCE NO. 5363
AN ORDINANCE amending Ordinance No. 5106, adopted by the Police Jury on May 4, 2006, which declared property described as: Com NW Cor Lot 1 Blk B Villa Maria Sub, th N 50 ft M/L to Cypress St, E 560 ft etc less part sold; (AP04-317-06; Tax Assessment No. 489573); 1300 Block of Cypress Street - vacant lot in Ward Four, Sulphur, Louisiana, surplus property and authorized the sale of said lot to Mr. Erin Devillier, his designated agent, or assignee for the consideration of $3,600.00 (three thousand six hundred dollars) cash.
BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 16th day of August, 2007, that it does hereby amend Ordinance No. 5106, adopted by the Police Jury on May 4, 2006, which declared property described as: Com NW Cor Lot 1 Blk B Villa Maria Sub, th N 50 ft M/L to Cypress St, E 560 ft etc less part sold; (AP04-317-06; Tax Assessment No. 489573); 1300 Block of Cypress Street - vacant lot in Ward Four, Sulphur, Louisiana, surplus property and authorized the sale of said lot to Mr. Erin Devillier, his designated agent, or assignee for the consideration of $3,600.00 (three thousand six hundred dollars) cash, to allow an additional two-month extension to facilitate the closing and sale of the above described property.
BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon adoption.
BE IT FURTHER AND FINALLY ORDAINED that any ordinances or parts of any ordinances in conflict herewith are hereby repealed.
This ordinance was adopted on the 16th day of August, 2007.
/s/ Chris E. Landry, President
/s/ S. Mark McMurry, Administrator &
Ex-Officio Secretary
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Upon motion made by Mr. Manuel, which was duly seconded by Dr. Mackey and carried unanimously, the following resolutions were adopted:
RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by EMAC Partners 2007, LP, to clear, grub and grade a 63-acre tract and place approximately 10,200 cubic yards of on-site material in addition to approximately 16,690 cubic yards of hauled-in clay and lime base and approximately 23,740 cubic yards of concrete, all as necessary to prepare surface conditions to facilitate the construction of structure foundations, access roads, driveways, drainage facilities, lawns, playground and clubhouse, parking areas and public utilities, all to implement a 265 lot single-family residential subdivision. Project implementation would impact approximately 9.45 acres of jurisdictional wetlands. Said project is located on a 63-acre tract located on the south side of East McNeese Street at the intersection with 5th Avenue, Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of EMAC Partners 2007, LP, relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that it does hereby indicate no objection to the proposal of EMAC Partners 2007, LP, to clear, grub and grade a 63-acre tract and place approximately 10,200 cubic yards of on-site material in addition to approximately 16,690 cubic yards of hauled-in clay and lime base and approximately 23,740 cubic yards of concrete, all as necessary to prepare surface conditions to facilitate the construction of structure foundations, access roads, driveways, drainage facilities, lawns, playground and clubhouse, parking areas and public utilities, all to implement a 265 lot single-family residential subdivision. Project implementation would impact approximately 9.45 acres of jurisdictional wetlands. Said project is located on a 63 acre tract located on the south side of East McNeese Street at the intersection with 5th Avenue, Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Wallace Nichols to clear, grub and grade a 21.1 acre tract and place approximately 8,000 cubic yards of on-site material in addition to 4,200 cubic yards of hauled-in clay and lime base, all to prepare surface conditions as required to construct access roads, drainage facilities, lawns and public utilities, all necessary to implement a 46 lot single-family residential subdivision. Project implementation would impact approximately 8.9 acres of jurisdictional wetlands. Said project is located on a 21.1-acre tract located east of North Perkins Ferry Road, Moss Bluff, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Wallace Nichols, relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that it does hereby indicate no objection to the proposal of Wallace Nichols to clear, grub and grade a 21.1 acre tract and place approximately 8,000 cubic yards of on-site material in addition to 4,200 cubic yards of hauled-in clay and lime base, all to prepare surface conditions as required to construct access roads, drainage facilities, lawns and public utilities, all necessary to implement a 46 lot single-family residential subdivision. Project implementation would impact approximately 8.9 acres of jurisdictional wetlands. Said project is located on a 21.1-acre tract located east of North Perkins Ferry Road, Moss Bluff, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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RESOLUTION
WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by John Campbell III, to clear, grub, grade and deposit approximately 3,500 cubic yards of hauled-in earthen material and 3,000 cubic yards of concrete all to construct a residential/commercial development with apartments/condominiums and office buildings. Project implementation would directly impact 1.45 acres of mixed bottomland hardwood/pine wetlands Said project is located at the intersection of Lake and Sallier Streets in the City of Lake Charles, in Calcasieu Parish, Louisiana; and
WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of John Campbell III, relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and
WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of Lake Charles.
NOW THEREFORE,
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that it does hereby indicate no objection to the proposal of John Campbell III, to clear, grub, grade and deposit approximately 3,500 cubic yards of hauled-in earthen material and 3,000 cubic yards of concrete all to construct a residential/commercial development with apartments/condominiums and office buildings. Project implementation would directly impact 1.45 acres of mixed bottomland hardwood/pine wetlands. Said project is located at the intersection of Lake and Sallier Streets in the City of Lake Charles, in Calcasieu Parish, Louisiana.
BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions.
BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.
THUS PASSED AND ADOPTED on the date above inscribed.
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It was moved by Mr. Stelly, seconded by Mrs. Treme and carried unanimously to adopt the following resolution:
RESOLUTION
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Ward Two Fire Protection District No. One of the Parish of Calcasieu, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of an eight (8) mill tax.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Ward Two Fire Protection District No. One of Calcasieu Parish, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of an eight (8) mill tax as set forth in the following proposition:
8 MILL TAX RENEWAL PROPOSITION
SUMMARY: 8 MILL PROPERTY TAX RENEWAL FOR WARD TWO FIRE PROTECTION DISTRICT NUMBER ONE RUNNING FOR A PERIOD OF TEN (10) YEARS BEGINNING JANUARY 1, 2008 TO BE USED FOR THE PURPOSE OF MAINTAINING AND OPERATING THE DISTRICT’S FIRE PROTECTION FACILITIES INCLUDING RELATED LAND, BUILDINGS, EQUIPMENT, APPURTENANCES, AND FURNISHINGS THEREFOR CONSTITUTING WORKS OF PERMANENT PUBLIC IMPROVEMENT, TITLE TO WHICH SHALL BE IN THE PUBLIC. THE DISTRICT EXPECTS TO COLLECT $96,317.00 FROM SAID TAX IN 2007.
Shall Ward Two Fire Protection District Number One of Calcasieu Parish, Louisiana (the “District”), be authorized to renew, levy, and collect a tax of eight (8) mills on all the property subject to taxation within the District for a period of ten (10) years beginning January 1, 2008, for the purposes of maintaining and operating the District’s fire protection facilities including related land, buildings, equipment, appurtenances, and furnishings therefor constituting works of permanent public improvement, title to which shall be in the public? The District expects to collect $96,317.00 from said tax in 2007.
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to levy and collect the tax authorized thereby should the same carry at the election to be held on November 17, 2007.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated under the provisions of Article 6, Section 15 and Article 6, Section 32 of the Louisiana Constitution of 1974, and Chapter 6-A of Title 18 of the Louisiana Revised Statutes, and other constitutional and statutory authority supplemental thereto.
BE IT FURTHER RESOLVED that certified copies of this authorizing resolution shall be forwarded to the Board of Commissioners of Ward Two Fire Protection District No. One.
THUS PASSED AND ADOPTED on the date above inscribed.
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Motion was made by Mr. Clement, seconded by Mr. Danahay and carried unanimously that the following resolution be adopted:
RESOLUTION
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Fire Protection District No. One of Ward Seven of the Parish of Calcasieu, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of a ten (10) mill tax.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Fire Protection District No. One of Ward Seven of Calcasieu Parish, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of a ten (10) mill tax as set forth in the following proposition:
FIRE PROTECTION DISTRICT NO. ONE OF WARD SEVEN TAX PROPOSITION
SUMMARY: RENEW, 10 YEAR 10.00 MILL PROPERTY TAX FOR PAYING THE COST OF MAINTAINING AND OPERATING EXISTING FIRE PROTECTION FACILITIES, INCLUDING THE COSTS OF OBTAINING WATER FOR FIRE PROTECTION AND CHARGES FOR FIRE HYDRANT RENTALS AND SERVICE, FOR MAINTAINING AND REPAIRING FIRE TRUCKS AND FOR PURCHASING, MAINTAINING AND REPAIRING OTHER FIRE FIGHTING EQUIPMENT. THE DISTRICT EXPECTS TO COLLECT $314,685.00 FROM SAID TAX IN 2008.
Shall Fire Protection District No. One of Ward Seven of Calcasieu Parish, Louisiana (the “District”), be authorized to renew, levy a tax of 10.00 mills on all property subject to taxation in said District for a period of ten (10) years, beginning with the year 2008 and ending with the year 2017, for paying the costs of maintaining and operating existing fire protection facilities in and for said District, including the costs of obtaining water for fire protection and charges for fire hydrant rentals and service, for maintaining and repairing District fire trucks and purchasing, maintaining and repairing other fire fighting equipment of the District? The District estimates that it will collect $314,685.00 from the levy of the tax in the year 2008.
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to levy and collect the tax authorized thereby should the same carry at the election to be held on November 17, 2007.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated under the provisions of Article 6, Section 15 and Article 6, Section 32 of the Louisiana Constitution of 1974, and Chapter 6-A of Title 18 of the Louisiana Revised Statutes, and other constitutional and statutory authority supplemental thereto.
BE IT FURTHER RESOLVED that certified copies of this authorizing resolution shall be forwarded to the Board of Commissioners of Fire Protection District No. One of Ward Seven.
THUS PASSED AND ADOPTED on the date above inscribed.
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Upon motion made by Mr. Manuel, which was duly seconded by Dr. Mackey and carried unanimously, the following resolution was adopted:
RESOLUTION
A RESOLUTION amending a resolution adopted on May 3, 2007, as amended July 19, 2007, which approved the calling of an election by Community Center and Playground District No. Four of Ward One to be held on November 17, 2007, for a ten-year, five-mill ad valorem tax, to include the words “Ward One” originally omitted in the proposition.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that the resolution adopted by the Calcasieu Parish Police Jury on May 3, 2007, as amended July 19, 2007, is hereby amended to read in its entirety as follows:
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Community Center and Playground District No. Four of Ward One of the Parish of Calcasieu, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of a five (5) mill tax.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 3rd day of May, 2007, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Community Center and Playground District No. Four of Ward One of Calcasieu Parish, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of a five (5) mill tax as set forth in the following proposition:
MAINTENANCE MILLAGE PROPOSITION
SUMMARY: RENEW, NOT EXCEEDING 5.00 MILL MAINTENANCE TAX FOR TEN (10) YEARS BEGINNING JANUARY 1, 2008, TO PROVIDE SUPPORT FOR MAINTENANCE AND OPERATION OF PUBLIC BUILDINGS, COMMUNITY CENTERS AND RECREATIONAL FACILITIES AND FOR CONSTRUCTING AND IMPROVING RECREATIONAL FACILITIES WITHIN THE DISTRICT. THE DISTRICT ESTIMATES THAT IT WILL COLLECT $171,097.00 FROM SAID TAX IN 2008.
Shall Community Center and Playground District No. Four of Ward One of Calcasieu Parish, Louisiana, renew, levy and collect not exceeding 5.00 mills ad valorem tax on all taxable property within said District for a period not to exceed ten (10) years beginning January 1, 2008, to be used for the purpose of paying the cost of maintaining and operating public buildings, community centers including parks, playgrounds, recreation centers and libraries, together with the necessary furnishings and equipment of the District’s recreational facilities and for paying the cost of constructing and improving recreational facilities of the District, constituting works of permanent public improvement, title to which shall be in the public? The District estimates that it will collect $171,097.00 from the levy of the tax in the year 2008.
BE IT FURTHER RESOLVED that approval, consent, and authority is granted to said district to levy and collect the tax authorized thereby should the same carry at the election to be held on November 17, 2007.
BE IT FURTHER RESOLVED that the approval granted herein is intended to constitute all the approval, consent, and authority required by and anticipated under the provisions of Article 6, Section 15 and Article 6, Section 32 of the Louisiana Constitution of 1974, and Chapter 6-A of Title 18 of the Louisiana Revised Statutes, and other constitutional and statutory authority supplemental thereto.
BE IT FURTHER RESOLVED that certified copies of this authorizing resolution shall be forwarded to the Board of Commissioners of Community Center and Playground District No. Four of Ward One.
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It was moved by Mr. Clement, seconded by Mr. Andrepont and carried unanimously to adopt the following resolution:
RESOLUTION
A RESOLUTION amending a resolution adopted on May 3, 2007, as amended July 19, 2007, which approved the calling of an election by Gravity Drainage District No. Two of Ward Seven to be held on November 17, 2007, for a ten-year, ten-mill ad valorem tax, to exclude the words “and Playground” in the proposition.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 16th day of August, 2007, that the resolution adopted by the Calcasieu Parish Police Jury on May 3, 2007, as amended July 19, 2007, is hereby amended to read in its entirety as follows:
A RESOLUTION granting approval, consent and authority to the Board of Commissioners of Gravity Drainage District No. Two of Ward Seven of the Parish of Calcasieu, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of a ten (10) mill tax.
BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 3rd day of May, 2007, that it does hereby grant approval, consent, and authority to the Board of Commissioners of Gravity Drainage District No. Two of Ward Seven of Calcasieu Parish, Louisiana, to conduct an election on November 17, 2007, to authorize the renewal, levy and collection of a ten (10) mill tax as set forth in the following proposition: