December 6, 2007

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 6, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:

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

Absent: None

Also present were Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. 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 Mr. Brame 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 agenda item numbered 26 would be taken up at this time, and as a result thereof, motion was made by Mr. Andrepont, seconded by Mr. McMillin and carried unanimously that Monday, December 24, 2007, be declared as a parish holiday for all parish employees.

President Landry advised that agenda item numbered 21 would be taken up at this time which was a discussion of the proposed replacement of the I-10 bridge over the Calcasieu River as a result of the recommendation of the Louisiana Department of Transportation and Development dated November 6, 2007.

It was moved by Mr. Clement and seconded by Mrs. Treme to uphold the recommendation of the Louisiana Department of Transportation and Development for a bridge height of 73 feet.

Mr. Rob Price, Jr., Lisle Peters Road, Lake Charles, appeared before the Police Jury on behalf of the Dunham Price Group and spoke of his concerns as follows: (1) DOTD had not given adequate consideration to the myriad of industrial businesses located south of the I-10 bridge, most particularly, Mike Hooks Road, and their access to the bridge; (2) the height of the bridge as it relates to an on-ramp from the south; and (3) the effect the height of the bridge would have on his companies’ operating costs over a long period of time, as well as the effect it would have on safety on the bridge.

In answer to a question by Mrs. Treme, Mr. Price stated that it would be cheaper to operate on a lower bridge and that another factor was the danger and delays related to accidents on the bridge and subsequent “standby” time, pointing out that his company hauled a perishable product (concrete).

Mr. Brame stated that a 90' bridge would be 45' lower than the existing bridge and that plans included three lanes in each direction which should help with truck traffic. Mr. Price pointed out that DOTD had projected the traffic count to double in 25 years.

Mr. Hunter Lundy, Attorney at Law, 4940 Fernwood Drive, Lake Charles, appeared before the Police Jury and stated that Dr. Richardson of McNeese State University was present if the jurors had any technical questions about the study. Mr. Lundy advised that plans called for an eight-lane bridge (four lanes in each direction) and that while DOTD had recommended a 73' bridge, they would “accept” a bridge up to 90' if the community felt there was a need for same.

Mr. Lundy stated that the I-210 bridge was 175' in height with a gradient much higher than a 90' bridge would be if constructed over I-10. He further stated that the I-210 bridge was only four lanes in width and had been safe for many years, just like the 90' would be. Mr. Lundy advised that the difference in estimated cost between a 73' and a 90' bridge had been calculated by DOTD to be $12-16 million which was only a 10-12% difference.

Mr. Lundy also stated that the bridge over Contraband Bayou had a five to six percent incline which was two times the incline on the I-10 bridge, and nobody had objected to the height of that bridge.

Mr. Lundy further stated that a higher bridge would protect the navigable use of the waterways and would not restrict economic activity like a lower bridge would. He advised that Friend Ships was using a height of 115' but would accept a 90' bridge as would Central Crude and Cal-Cam Recycling (the three businesses currently operating directly north of the I-10 bridge), and he felt 90' was a reasonably safe alternative. Mr. Lundy stated that the decision being made on the height of the I-10 bridge would affect use of the waterway for the next 100 years and that a 90' bridge would balance the transportation needs of the motoring public with navigation needs and future needs. He further stated that DOTD’s study had not produced any statistical difference between the two bridge heights insofar as safety.

In answer to a question by Mr. Clement, Mr. Claude Smart, Parish Engineer, stated that the comparison rendered earlier between the Contraband Bayou bridge and the I-10 bridge was not applicable due to differing speed limits, traffic volume, etc.

Mr. Rodney Fruge, 720 Jacob Scott Road, Sulphur, appeared before the Police Jury and stated that the lower the grade of the bridge, the less chance of trucks having problems with their equipment, and he pointed out that there were only three businesses which were opposed to the 73' option. Mr. Fruge stated that there could be better utilization of this property besides industrial uses, and he did not see any reason to spend more money on a 90' bridge for the sake of just three businesses, since Friend Ships could possibly relocate for a lot less money than the increased cost of a higher bridge.

Mr. Andrepont spoke in favor of a 90' bridge and urged the jurors to keep in mind that they were discussing something that would have effects 30 or 40 years from now, and he felt the property would be developed in the future.

Mr. Guillory asked if any developers had expressed interest in developing the property for recreational purposes, and Mr. Vickers stated that he was not aware of anyone having done so.

Mr. McMillin pointed out that the Police Jury held one of five votes on the Metropolitan Planning Organization (MPO), the organization which would make the final recommendation on the height of the bridge, and the Police Jury’s action on this date would instruct Mr. Vickers, the Police Jury’s representative on the MPO, on how to cast his vote. Mr. McMillin stated that he had spent three hours discussing the matter with representatives of Friend Ships and while they were a great organization, and it would be hard to vote against them, he had worked hard to determine the wishes of his constituents, and they wanted a 73' bridge. He further stated that they wanted it built as quickly and safely as possible, and they wanted on overpass over Union Pacific Railroad, because they were tired of waiting on trains in Westlake.

With regard to a comparison between the I-10 and I-210 bridges made earlier by Mr. Lundy, Mr. Clement stated that he felt the main difference between the two bridges was that there was not heavy truck traffic on the I-210 bridge, and that was the reason why I-10 was unsafe because of the speed disparity by the time those trucks got to the top of the bridge.

Mr. Clement also stated that he was proactive with respect to economic development but that there were some obstacles in this case. He referred to the saying “build it, and they will come” and pointed out that it (the bridge) had been built for 60 years, and “they” had not come. Mr. Clement stated that doing the same thing again would not be right. He pointed out that large tankers could not navigate under the bridge even if it was built at 90', and he would continue to support a 73' bridge.

Mr. McMillin asked Mr. Clement if he would amend the motion on the floor to include the fact that DOTD had offered to help Friend Ships relocate if necessary, and Mr. Clement stated that he preferred not to make that contingent upon the 73' bridge but would endorse a motion to that effect following a vote on the motion on the floor.

A vote was then taken on the motion on the floor which was to uphold the recommendation of the Louisiana Department of Transportation and Development (DOTD) for a bridge height of 73 feet on I-10 over the Calcasieu River, and the vote thereon was as follows:

YEAS:Mr. Clement, Mr. Danahay, Dr. Mackey, Mr. Manuel, Mr. McMillin, Mr. Moon, Mr. Stelly, and Mrs. Treme

NAYS:Mr. Andrepont, Mr. Brame, Mr. Collins, Mrs. Griffin, Mr. Guidry, and Mr. Guillory

ABSENT:None

NOT VOTING:President Landry

The vote being eight (in favor) to six (against), President Landry declared the motion as having carried; whereupon, the following resolution was adopted:

RESOLUTION

WHEREAS, the Interstate 10 (I-10) corridor has long been recognized as a key corridor for trade, tourism, and business travel affecting not only the Southwest Louisiana area through which it traverses, but the entire State and nation; and

WHEREAS, the current volume of traffic on the I-10 corridor is estimated at well over 50,000 vehicles per day, and the volume is anticipated to exceed 100,000 in 25 years, given the continuing trend toward free trade and a service economy; and

WHEREAS, the Louisiana Department of Transportation and Development (DOTD) has for some time realized the importance of the I-10 corridor and has performed various studies on replacement of the I-10 Calcasieu River Bridge, a key component of the I-10 corridor; and

WHEREAS, in 2001, an extensive Marine Use Study was done as part of a feasibility and environmental study for replacement of the I-10 Bridge and for construction of a railroad grade separation and interchange with Sampson Street in Westlake; and

WHEREAS, as a result of this study, the DOTD recommended that the new bridge provide a horizontal clearance of 180 feet and a vertical clearance of 73 feet above average annual high water, which is the established standard for the Gulf Intracoastal Waterway (GIWW), although it was noted that virtually all users could be accommodated with a bridge height of 60 feet; and

WHEREAS, concerns have been expressed regarding the proposed height of 73 feet by Friend Ships Unlimited which operates three ships requiring 110 to 120 feet of vertical clearance (with each ship expecting to put to sea three to four times a year), from a location north of the Calcasieu River Bridge, and the DOTD indicated in a letter dated November 6, 2007, that at the appropriate time, DOTD would provide assistance to modify Friend Ships’ vessels such that they could navigate under the new bridge or to relocate the Friend Ships operation to a new site south of the Bridge ; and

WHEREAS, the current I-10 Calcasieu River Bridge was constructed approximately 60 years ago at a vertical clearance height of 135 feet in anticipation of deep-draft vessel service, but other than the recent arrival of Friend Ships, Unlimited, no development requiring a vertical clearance of greater than 73 feet has occurred, and highway users have had to pay the price for this decision through greater safety impacts, higher user costs, and a higher initial cost; and

WHEREAS, subsequent and comprehensive studies done by the DOTD to investigate the potential demand for deep draft navigation north of the bridge indicated that there was no reason to revise the initial decision for a 73-foot vertical clearance bridge, particularly given the fact that one of the principal impediments to deep-draft navigation north of I-10 was the Union Pacific Railroad bridge which only has a 93-foot horizontal clearance, thus precluding large ships from passing; and

WHEREAS, in July of 2007, a special study was completed by the DOTD which compared bridge heights of 73, 100, and 120 feet, and this study showed that in addition to substantially higher construction costs, the 100 and 120-foot alternatives had significant adverse impacts on road user costs and safety – user costs were over 450 percent higher for a 120-foot bridge as compared to a 73-foot bridge and over 75 percent higher for a 100-foot bridge – and that truck-related crashes were estimated to be nearly 2.5 to 3.5 times higher for a 120-foot bridge as compared with a 73-foot bridge and approximately 1.5 times higher for a 100-foot bridge; and

WHEREAS, in October of 2007, when the special study was expanded to include a height of 90 feet in the comparison, the analysis did not show any difference in users cost between the 73 and 90-foot heights but only because of expressed limitations in the user-cost model, however, the report did indicate that truck-related crashes were expected to be 1.3 to 1.4 times higher for a 90-foot bridge as compared to a 73-foot bridge; and

WHEREAS, the DOTD has expressed its concern that a higher bridge will again extract a price from highway users in exchange for no real economic benefit, and further, a higher bridge will be more expensive to construct, making it more difficult to finance and perhaps delaying the start of construction.

NOW, THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 6^th day of December, 2007, and in full consideration of the foregoing, that it does hereby recommend a vertical clearance height of 73 feet for replacement of the Calcasieu River Bridge.

BE IT FURTHER RESOLVED that Mr. Jim Vickers, the Police Jury’s representative on the Metropolitan Planning Commission (MPO), is hereby authorized and directed to cast his vote for a 73-foot vertical clearance replacement bridge at the meeting of the MPO scheduled for Wednesday, December 19, 2007.

BE IT FURTHER RESOLVED that copies of this resolution be made available for review at the upcoming meeting of the MPO, and further, that a certified copy be forwarded to the Louisiana Department of Transportation and Development (DOTD), Imperial Calcasieu Regional Planning and Development (IMCAL), the Federal Highway Administration, and members of the Calcasieu Congressional Delegation.

THUS PASSED AND ADOPTED on the 6^th day of December, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Parish Administrator &

Ex-Officio Secretary

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

Relative to the foregoing resolution, motion was made by Mr. McMillin, seconded by Mr. Clement and carried unanimously that the Police Jury support the position of DOTD that at the appropriate time, it (DOTD) would provide assistance to modify Friend Ships’ vessels such that they could navigate under the new bridge or to relocate the Friend Ships operation to a new site south of the bridge.

Motion was made by Mr. Andrepont, seconded by Mrs. Griffin and carried unanimously that the following applications for liquor and beer permits be approved:

WARD I

Broexx Enterprises, Inc.

Abdur Rahman – Pres.

U-PACK-IT

615 Sam Houston Jones Parkway

Lake Charles, LA 70611 Liquor & Beer (Pkg) – ‘2008 93.75

(Don Manuel’s District)

WARD III

Big Easy Po Boy’s Bar & Grill, Inc.

Larry Thomas – Pres.

PUTTER’S

7795 Lake Street

Lake Charles, LA 70605 Liquor & Beer – ‘2008 168.75

(Chris Landry’s District)

Legion Petroleum, LLC

Satnam Singh – Member

FAST STOP (C-STORE)

3605 Senator J Bennett Johnston

Lake Charles, LA 70615 Liquor & Beer (Pkg) – ‘2008 93.75

(Tony Guillory’s District)

Legion Petroleum, LLC

Satnam Singh – Member

FAST STOP DELI

3607 Senator J Bennett Johnston

Lake Charles, LA 70615 Beer – ‘2008 43.75

(Tony Guillory’s District)

Roland & Lois, LLC

Shawn Saucier – Member

GEAUX-GEAUX’S

4101 Hwy 90 East

Lake Charles, LA 70615 Liquor & Beer – ‘2008 168.75

(Calvin Collins’ District)

WARD V

Jay’s Melody Club, Inc.

Ricky L. Ashworth – Pres.

JAY’S MELODY CLUB

5232 Hwy 12

Starks, LA 70661 Liquor & Beer – ‘2008 168.75

(Sandy Treme’s District)

WARD VII

Circle A Mini Mart Number 2, LLC

Mai Huynh – Member

CIRCLE A MINI MART NUMBER 2

1869 Hwy 109 South

Vinton, LA 70668 Liquor & Beer (Pkg) – ‘2008 93.75

(Brent Clement’s District)

TOTAL REMITTANCE: 831.25

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

It was moved by Mr. Moon, seconded by Dr. Mackey and carried unanimously to approve the payment of all current invoices.

Upon motion made by Mr. Guillory, which was duly seconded by Mr. Guidry and carried unanimously, the minutes of the Regular Meeting of the Police Jury dated November 1, 2007, were approved.

Motion was made by Mrs. Griffin, seconded by Mr. Brame and carried unanimously that the Agenda Committee Report dated November 29, 2007, be approved as follows:

AGENDA COMMITTEE REPORT

November 29, 2007

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

Mr. Francis Andrepont, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, 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: Mr. Tony Guillory (out-of-town)

Also present were Police Jurors-Elect Les Farnum (District 15), Ellis Hassien (District 12), Dennis Scott (District 6), Shannon Spell (District 1) and Claude Syas (District 4), Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, 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.

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 December 6, 2007.

Following review of the items to be considered by the Police Jury on December 6^th, and after recommendations for appointments to various boards of special service districts were made by members of the Committee, it was unanimously recommended that the proposed agenda be accepted as presented by the staff.

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

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

It was moved by Mr. Andrepont, seconded by Mr. Guidry and carried unanimously to approve the Public Works Committee Report dated November 29, 2007, and all recommendations contained therein, as follows:

PUBLIC WORKS COMMITTEE REPORT

November 29, 2007

______________________________________

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

Mr. Guy Brame, Mr. Brent Clement, Mr. Calvin Collins, Mr. Mike Danahay, Mrs. Elizabeth Conway Griffin, Mr. Kevin Guidry, Mr. 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: Mr. Tony Guillory (out-of-town)

Also present were Police Jurors-Elect Les Farnum (District 15), Ellis Hassien (District 12), Dennis Scott (District 6), Shannon Spell (District 1) and Claude Syas (District 4), Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Coleen Clark, Mrs. Cheryl Heisser, Mr.. Jerry Milner, Mr. Claude Smart, Mr. Allen L. Smith Jr., Ms. Kathy P. Smith, Mr. Gerry Trahan, Mr. Jimmy Vickers, and Mr. Allen Wainwright.

Said Committee:

1. Recommended overturning the recommendation of the Planning and Zoning Board and granting preliminary approval of Renoir Estates Subdivision Phase I and II, located on South Beglis Parkway in Section 11, Township 10 South, Range 10 West, in Ward Four, in conjunction with an appeal filed by the developer in accordance with Sec. 23-8(a)(1) of the Code of Ordinances of Calcasieu Parish, Louisiana, which states that appeals from any board decision may be made to the Police Jury within thirty (30) days after the developer receives notice of the decision by the (Planning and Zoning) Board, and such appeals shall be decided by majority vote of the Police Jury. (Police Jury District 15, Mr. Danahay)

NOTE: The Planning and Zoning Board voted 5 to 4 to deny preliminary subdivision approval and the rezoning request at the July 17, 2007 meeting. However, the Police Jury overturned the rezoning request at the July 19, 2007 meeting. On October 16, 2007, the Planning and Zoning Board voted 6 to 4 to again deny the preliminary approval of the subdivision request.

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

NOTE: On February 1, 2007, the Police Jury accepted the Crown Point Phase I Plat, and on April 5, 2007, the Crown Point Phase II and III plat was accepted; however, the developer revised the north lot line on lot 7, thus requiring approval of the revised plat.

3. Recommended that action be deferred until the Regular Meeting on December 20, 2007, relative to adopting an ordinance amending the Code of Ordinances of Calcasieu Parish, Louisiana, to approve amendments on an interim basis with reference to roads, bridges, watercourses, and drainage, as part of the Stormwater Master Plan. (Dr. Mackey voted against the deferral.)

NOTE: the proposed ordinance amendments are in accordance with the review of drainage and subdivision ordinances conducted by the Drainage Liaison Group appointed by the Police Jury, consisting of Police Jurors, parish staff, local developers, and engineering firms.

4. Recommended that the President of the Police Jury be authorized to execute the necessary documentation for acquisition of right-of-way (servitude of drain) from John Ira Murphy, Sr. and Linda Faye and John Chester LeBouef on Elliott Road in Ward Three. (Police Jury District 8, Mr. Brame)

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

As a result of approval of the Public Works Committee Report and all recommendations contained therein, as outlined heretofore, the following resolution was adopted:

RESOLUTION

WHEREAS, John Moore, subdivided certain property in Ward Six of Calcasieu Parish, Louisiana, known as Revised Crown Point Subdivision Phase I, II, and III, a subdivision in Section 21, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana; and

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

WHEREAS, said subdivision plat was prepared by Virgil T. Collins, Registered Land Surveyor No. 4390, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on December 18, 2007, and will bear File No. 2847690.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 6^th day of December, 2007, that it does hereby officially accept the plat of Revised Crown Point Subdivision Phase I, II, and III in Ward Six of Calcasieu Parish, Louisiana.

THUS DONE AND PASSED on the 6^th day of December, 2007.

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

Following a brief report by Mr. McMillin, Chairman of the Budget Committee, motion was made by Mr. McMillin, seconded by Mrs. Treme and carried unanimously that the Budget Committee Report dated December 6, 2007, and all recommendations contained therein, be approved as follows:

BUDGET COMMITTEE REPORT

December 6, 2007

______________________________

A meeting of the Budget Committee was held at 5:00 p.m. on Thursday, December 6, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with Mr. Hal McMillin, Chairman, presiding and the following members present:

Mr. Brent Clement, Mr. Kevin Guidry, Charles S. Mackey, D.D.S., Mr. Tony Stelly, and Mrs. Sandra J. “Sandy” Treme

Absent: President Chris E. Landry, Ex-Officio

Also present were Police Jurors Francis Andrepont, Michael E. Danahay, Elizabeth Conway Griffin, Tony Guillory, and Don Manuel; Mr. S. Mark McMurry, Mr. Bryan Beam, Mrs. Tammy Bufkin, Mr. Richard Gremillion, Mr. Jerry Milner, Mr. Claude Smart, and Ms. Kathy P. Smith.

Said Committee:

(1) Held a public hearing at 5:00 p.m., as advertised in accordance with the Local Government Budget Act, to allow the public an opportunity to provide input on the proposed Parish budget for Fiscal Year 2008, as presented to the Budget Committee on November 15, 2007. No one from the public offered any input, either pro or con, pertaining to the proposed Parish budget for Fiscal Year 2008.

(2) Recommended approval of the Parish budget for Fiscal Year 2008, at the Police Jury’s Regular Meeting on December 20, 2007.

(3) Recommended approval of the following requests for grant funding from the Gaming Fund:

(3.1) grant in the amount of $3,581.00 to the Police Jury’s Office of Community Services (OCS) for the OCS Food Drive for Christmas and other senior activities from the Ward One allocation of the Gaming Fund (Police Jury District 1).

(3.2) grant in the amount of $700.00 for the cost of a “Welcome to Carlyss” sign to be constructed by the Police Jury’s Creative Services Department and installed on leased property on Louisiana Highway 1256 from the Ward Four allocation of the Gaming Fund (Police Jury District 12).

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

It was moved by Mrs. Griffin, seconded by Mr. Guidry and carried unanimously to approve the recommendations of the Director of the Division of Planning and Development with reference to the Surplus Adjudicated Property Sale conducted on November 20, 2007, on the following cases, and to adopt an ordinance with respect to each piece of property where applicable:

AP03-235-05 (North of Old Town 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 $500.00 by Ms. Lisa Kaye VanWinkle be accepted.

AP03-236-05 (North of Old Town 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 $500.00 by Ms. Lisa Kaye VanWinkle be accepted.

AP03-261-05 (Blackwell Street-vacant lot) (Police Jury District 2, Mr. Collins)

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

AP04-229-05 (Augusta 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 $7,200.00 by Ms. Lisa Kaye VanWinkle be accepted.

AP07-248-05 (West of LA 109-vacant lot) (Police Jury District 12, Mr. Clement)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,000.00 by Ms. Debbie Renee McElhannon be accepted.

AP04-320-06 (Keene Drive-vacant lot) (Police Jury District 13, Mr. Andrepont)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,200.00 by Ms. Debbie Renee McElhannon be accepted.

AP03-428-07 (Lincoln Street-vacant lot) (Police Jury District 2, Mr. Collins)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $850.00 by Ms. Yolanda M. Landry be accepted.

AP03-430-07 (1715 Evans 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 $1,300.00 by Mr. Leroy Jackson, Jr. be accepted.

AP03-438-07 (VE Washington Street-vacant lot) (Police Jury District 3, Mrs. Griffin)

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 by New Sunlight Baptist Church be accepted.

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

The Director of the Division of Planning and Development recommends that the highest offer in the amount of $5,200.00 by Mr. David Sugandi be accepted.

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

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

ORDINANCE NO. 5418

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 8 Triplett Sub of Lot 2 of NW 23.9.8; (AP03-235-05; Tax Assessment No. 77151); North of Old Town Road - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Lisa Kaye VanWinkle, her designated agent, or assignee for the consideration of $500.00 (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 8 Triplett Sub of Lot 2 of NW 23.9.8; (AP03-235-05; Tax Assessment No. 77151); North of Old Town 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 Ms. Lisa Kaye VanWinkle to purchase said property for the consideration of $500.00 (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 Ms. Lisa Kaye VanWinkle, for the offered consideration.

NOW, THEREFORE,

BE IT ORDAINED BY THE POLICE JURY OF THE PARISH OF CALCASIEU, convened in Regular Session on the 6^th day of December, 2007, that it does hereby approve the following criteria for the sale and disposition of adjudicated property:

Section 1. The property described as: Lot 8 Triplett Sub of Lot 2 of NW 23.9.8; (AP03-235-05; Tax Assessment No. 77151); North of Old Town 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 Ms. Lisa Kaye VanWinkle, her designated agent, or assignee for and in consideration of $500.00 (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 & 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 6^th day of December, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5419

AN ORDINANCE authorizing the Police Jury to declare the property described as: Und half Int in Lot 5 Triplett Sub of Lot 2 Sec 23.9.8; (AP03-236-05; Tax Assessment No. 57576); North of Old Town Road - vacant lot in Ward Three, Lake Charles, Louisiana, surplus property and to authorize the sale of said lot to Ms. Lisa Kaye VanWinkle, her designated agent, or assignee for the consideration of $500.00 (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: Und half Int in Lot 5 Triplett Sub of Lot 2 Sec 23.9.8; (AP03-236-05; Tax Assessment No. 57576); North of Old Town 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, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

NOW, THEREFORE,

Section 1. The property described as: Und half Int in Lot 5 Triplett Sub of Lot 2 Sec 23.9.8; (AP03-236-05; Tax Assessment No. 57576); North of Old Town Road - vacant lot in Ward Three, Lake Charles, Louisiana, is hereby declared to be surplus and no longer needed for public purpose.

(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.

This ordinance was adopted on the 6^th day of December, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5420

AN ORDINANCE authorizing the Police Jury to declare the property described as: Lot 5 and S/2 Lot 4 Blk 3; (AP04-229-05; Tax Assessment No. 706507); 1900 Block of Augusta Street - vacant lot in Ward Four, Westlake, Louisiana, surplus property and to authorize the sale of said lot to Ms. Lisa Kaye VanWinkle, her designated agent, or assignee for the consideration of $7,200.00 (seven thousand two hundred dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $225.00 ($150 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Lot 5 and S/2 Lot 4 Blk 3; (AP04-229-05; Tax Assessment No. 706507); 1900 Block of Augusta Street - vacant lot in Ward Four, 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 Ms. Lisa Kaye VanWinkle to purchase said property for the consideration of $7,200.00 (seven thousand two hundred dollars) cash, at the time of sale; and

WHEREAS, no written opposition or higher offer has been filed with the Division of Planning & Development Office; and

NOW, THEREFORE,

Section 1. The property described as: Lot 5 and S/2 Lot 4 Blk 3; (AP04-229-05; Tax Assessment No. 706507); 1900 Block of Augusta Street - vacant lot in Ward Four, Westlake, 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 Ms. Lisa Kaye VanWinkle, her designated agent, or assignee for and in consideration of $7,200.00 (seven thousand two hundred dollars). However, neither the President, nor the Director of the Division of Planning & Development, shall execute the act of cash sale until the Adjudicated Property Section of the Division of Planning & Development has certified in writing the following:

(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.

This ordinance was adopted on the 6^th day of December, 2007.

/s/ Chris E. Landry, President

/s/ S. Mark McMurry, Administrator &

Ex-Officio Parish Secretary

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

ORDINANCE NO. 5421

AN ORDINANCE authorizing the Police Jury to declare the property described as: Com at SW Cor NE SE 13.10.13, E 462 ft, N 189 ft etc.; (AP07-248-05; Tax Assessment No. 252689); West of the 2000 Block of LA 109 - vacant lot in Ward Seven, Vinton, Louisiana, surplus property and to authorize the sale of said lot to Ms. Debbie Renee McElhannon, her designated agent, or assignee for the consideration of $2,000.00 (two thousand dollars) cash, or to the highest offer or which is accompanied by a certified check or money order in the amount of $425.00 ($350 appraisal fee plus $75).

WHEREAS, the Parish of Calcasieu owns property described as: Com at SW Cor NE SE 13.10.13, E 462 ft, N 189 ft etc.; (AP07-248-05; Tax Assessment No. 252689); West of the 2000 Block of LA 109 - vacant lot in Ward Seven, 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 Ms. Debbie Renee McElhannon to purchase said property for the consideration of $2,000.00 (two 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 Ms. Debbie Renee McElhannon, for the offered consideration.

NOW, THEREFORE,

Section 1. The property described as: Com at SW Cor NE SE 13.10.13, E 462 ft, N 189 ft etc.; (AP07-248-05; Tax Assessment No. 252689); West of the 2000 Block of LA 109 - vacant lot in Ward Seven, Vinton, 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 Ms. Debbie Renee McElhannon, her designated agent, or assignee for and in consideration of $2,000.00 (two 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:

(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.

This ordinance was adopted on the 6^th day of September, 2007.