Public Notices Published Thursday, August 28th, 2008NOTICE TO BIDDERS
PURCHASE OF A 2008 MID-SIZE to LARGE SUV
CROSSOVER VEHICLE
BID FORM 08-00003
The Monroe-West Monroe Convention & Visitors Bureau is accepting Sealed Bids for the purchase of a Mid-Sized to Large Crossover Vehicle.
SEALED BIDS will be received in the office of Alana Cooper, Executive Director, Monroe-West Monroe Convention and Visitors Bureau, 601 Constitution Drive, West Monroe, Louisiana 71292, on or before ten (10) o’clock a.m., Friday, September 12, 2008, and at the same time will be opened, read aloud and tabulate in the office of the Executive Director of the Monroe-West Monroe Convention and Visitors Bureau at ten (10) o’clock a.m., Friday, September 12, 2008.
Bid forms and specification may be obtained from the Convention & Visitors Bureau, 601 Constitution Drive, West Monroe, Louisiana or by calling 387-5691. The Monroe-West Monroe Convention and Visitors Bureau reserves the right to reject any and all bids.
Monroe-West Monroe Convention and Visitors Bureau
Alana Cooper, Executive Director
8/28,9/4
_____________________________________________________________
ADVERTISEMENT FOR BIDS
Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145 (South Entrance 1st Floor - 1st door on the right), Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Tuesday, September 30, 2008.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING.
FOR:
Generator Support Plan - Governor's Office of Homeland Security & Emergency Preparedness (GOHSEP)
Bossier Civic Center & Fant Ewing Coliseum (University of Louisiana Bossier City & Monroe, Louisiana
PROJECT NUMBER: 01-111-08-GOHSEP, Part 1A
Complete Bidding Documents may be obtained from:
John J. Guth Associates, Inc.
208 Milam Street
Shreveport, LA 71101
318-221-8638
upon deposit of $50.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent (50%) of the deposit of all other sets of documents will be refunded upon return of documents as state above.
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent (10%) of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact.
A PRE-BID CONFERENCE WILL BE HELD
at 11:00 a.m. on Tuesday, September 16, 2008 at Fant Ewing Coliseum on the Campus of University of Louisiana, Monroe, Louisiana.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2163 for classification of Electrical Work. Bidder is required to comply with provisions and requirements of LA. R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm.
STATE OF LOUISIANA
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
JERRY W. JONES, DIRECTOR
8/28,9/4,9/11
_____________________________________________________________
BOARD OF COMMISSIONERS
HOSPITAL SERVICE DISTRICT NO. 1
PARISH OF OUACHITA, STATE OF LOUISIANA
JULY 15, 2008
CALL TO ORDER
A regular meeting of the Board of Commissioners, Hospital Service District No. 1 of the Parish of Ouachita, State of Louisiana was called to order at 11: 40 a.m. in The Wellness Center, 3215 Cypress Street, West Monroe, Louisiana, by Steve Hall, Chairman of the Board of Commissioners.
INVOCATION
Mr. Gilley gave the invocation.
ROLL CALL
PRESENT: Steve Hall, Chairman; Violet Liner, Vice Chairman; Pat Spencer; Mike Mulhearn; and Randy Gilley.
ABSENT: None
OTHERS PRESENT:
Mike Landry, regular counsel for the Hospital Service District No. 1, via telephone; Paul West, President/CEO of Living Well Foundation; and Pat Thompson, Recording Secretary.
OPPORTUNITY FOR PUBLIC COMMENT
There were no comments from the public.
REMARKS FROM THE CHAIRMAN OF THE DISTRICT
None.
EXECUTIVE SESSION FOR PURPOSES OF STRATEGIC PLANNING, INCLUDING WITH RESPECT TO THE FUTURE OF THE WELLNESS CENTER AND RELATIONS WITH GRMC, GLENWOOD RESOLUTION AUTHORITY, INC., AND THE WARD FIVE HEALTHCARE FOUNDATION (NOW DBA LIVING WELL FOUNDATION)
A motion was made by Mr. Spencer seconded by Mr. Mulhearn and unanimously approved for the Board of Commissioners to go into executive session for the purposes of strategic planning, including with respect to the future of the Wellness Center and relations with GRMC, Glenwood Resolution Authority, Inc., and the Ward Five Healthcare Foundation (now dba Living Well Foundation).
Mr. Paul West, President/CEO of Living Well Foundation attended the Executive Session only during the presentation of information concerning Living Well Foundation.
A motion was made by Mr. Mulhearn seconded by Ms. Liner and unanimously approved for the Board of Commissioners to go back into regular session.
APPROVAL OF MINUTES OF DISTRICT BOARD MEETINGS HELD ON JUNE 10, 2008
After review of the June 10, 2008 minutes, a motion was made by Ms. Liner and seconded by Mr. Mulhearn to adopt the minutes as presented and the motion was unanimously approved.
APPROVAL OF CPA ENGAGEMENT LETTER
This agenda item was tabled until the August meeting.
REVIEW OF PERFORMANCE OF INTERIM EXECUTIVE DIRECTOR OF THE WELLNESS CENTER
The performance review of the Interim Executive Director of the Wellness Center was tabled until the January, 2009 meeting.
APPROVAL OF AMENDMENTS TO LIVING WELL FOUNDATION’S GRANT-MAKING GUIDELINES AND PROCEDURES
Ms. Liner offered the following resolution for consideration:
RESOLVED, that the amendments to the provisions of the Grant-Making Guidelines and Procedures of the Living Well Foundation (Ward Five Healthcare Foundation) set forth on the page entitled "Proposed Changes to Foundation Grant Guidelines" and presented to this meeting, are approved.
Mr. Spencer seconded the motion and the Board unanimously approved it.
APPROVAL OF AMENDMENTS TO LIVING WELL FOUNDATION’S GRANT APPLICATION FORMS
After review and discussion of Living Well Foundation’s Grant Application Forms, the following resolution was presented by Mr. Mulhearn for approval:
RESOLVED, that the Board of Commissioners approves the following Grant Application Forms of the Foundation, in the form presented to this meeting, with such further ministerial and non-material changes as may be made from time to time with the approval of the Chairman of the District: (1) Program Summary & Guidelines, (2) Grant Application Cover Page, and (3) Reviewer Proposal Evaluation.
Mr. Gilley seconded the motion and the Board unanimously approved.
APPROVAL OF LIVING WELL FOUNDATION PROPOSED REVISED BUDGET 2008
After review and discussion of the Living Well Foundation’s proposed revised budget for 2008, Mr. Gilley made a motion, Mr. Spencer seconded, and the resolution was unanimously approved as follows:
WHEREAS, the Foundation has proposed a revised annual budget for calendar year 2008;
WHEREAS, under Section 2.B(7)(e) of the Cooperative Endeavor Agreement, an amendment to the Foundation's annual budget requires the approval of the Board of Directors of the Foundation by the affirmative vote of two-thirds of the Directors then in office and the approval of the Board of Commissioners of the District;
RESOLVED, that the Living Well Foundation's "Proposed Revised Budget" for calendar year 2008, in the form approved by the Foundation Board of Directors and presented to this meeting, is approved.
APPROVAL OF AMENDMENT OF COORDINATION AGREEMENT WITH OUACHITA PARISH POLICE JURY
Ms. Liner offered the following resolution for adoption:
WHEREAS, the Foundation, the Ouachita Parish Police Jury, the District, and Glenwood Resolution Authority, Inc. have negotiated the terms of an amendment to Section 10 of the Coordination Agreement signed November 17 and 18, 2006 and effective January 31, 2007 among the District, Glenwood Resolution Authority, Inc. (formerly known as Glenwood Regional Medical Center), the Foundation, and the Ouachita Parish Police Jury (the "Coordination Agreement"), including certain supplemental terms regarding the agreement, in order to better coordinate the support of certain school-based health clinics in the portion of Ouachita Parish that is east of the Ouachita River;
RESOLVED, that the agreement entitled Amendment to Coordination Agreement presented to this meeting is approved, and the Chairman of the District is authorized on behalf of the District to execute and deliver the Amendment to Coordination Agreement, with any such changes as he may approve after consultation with counsel for the District, such approval to be conclusively evidenced by his signature, and the Chairman is further authorized to cause the amendment to Coordination Agreement to be published in the official journal of the District in same manner as are other proceedings of the District.
Mr. Mulhearn seconded the resolution and the Board unanimously approved it.
REVIEW OF MINUTES OF FOUNDATION BOARD MEETING OF JUNE 6, 2008
The Board of Commissioners reviewed the June 6, 2008 minutes of the board of directors of Living Well Foundation.
APPROVAL/RATIFICATION OF NET WORKING CAPITAL, ACCOUNTS RECEIVABLE, AND CASH ADMINISTRATION SETTLEMENT AGREEMENT
The following resolution was offered by Ms. Liner, seconded by Mr. Spencer, and unanimously approved by the member of the Board:
WHEREAS, the Asset Purchase Agreement dated July 20, 2006, among the District, Glenwood Regional Medical Center (now Glenwood Resolution Authority, Inc.), IASIS Glenwood Regional Medical Center, LP, and others, which was subsequently joined by the Ward Five Healthcare Foundation (popularly known as the Living Well Foundation), and which resulted in the sale of Glenwood Regional Medical Center on January 31, 2007, included provisions providing for post-closing purchase price adjustments based on the net working capital of the hospital as of the time of closing and on the realization of accounts receivable outstanding at the time of closing over the one-year period following the closing;
WHEREAS, after diligent accounting and legal investigation, determination, and analysis of the purchase price adjustments called for by the Asset Purchase Agreement, as well as of the administration of various cash funds and payments made in connection with the change of ownership of the hospital, the parties have agreed upon the appropriate net payment to be made to effectuate the purchase price adjustments and reconcile the cash payments;
RESOLVED, that the Net Working Capital, Accounts Receivable, and Cash Administration Settlement Agreement, dated July 15, 2008, among the District, IASIS Glenwood Regional Medical Center, LP, Glenwood Resolution Authority, Inc., its subsidiary GHS Resolution Authority, Inc., and the Ward Five Healthcare Foundation, and the Certificate of Instruction provided for therein, each in the form executed, copies of which were presented to this meeting, are approved, confirmed, and ratified for all purposes.
APPROVAL/RATIFICATION OF SELLERS’ RECONCILIATION AGREEMENT
A motion was made by Ms. Liner as follows:
WHEREAS, in connection with the Net Working Capital, Accounts Receivable, and Cash Administration Settlement Agreement (the "Settlement Agreement"), it was considered desirable for the District, Glenwood Resolution Authority, Inc., its subsidiary GHS Resolution
Authority, Inc., and the Ward Five Healthcare Foundation (the "Sellers") to memorialize their agreement regarding the manner in which the payments contemplated under the Settlement Agreement were to be treated as amongst the Sellers, with the result that the entire payment to IASIS Glenwood Regional Medical Center, LP is made from the escrow account established at the closing of the sale of the hospital, and the remaining balance of the escrow account is disbursed to the District;
RESOLVED, that the Sellers' Reconciliation Agreement, dated July 15, 2008, among the District, Glenwood Resolution Authority, Inc., its subsidiary GHS Resolution Authority, Inc., and the Ward Five Healthcare Foundation, in the form executed, a copy of which was presented to this meeting, is approved, confirmed, and ratified for all purposes.
TRANSACTION OF ANY OTHER BUSINESS THAT MAY PROPERLY COME BEFORE THE MEETING
It was noted that a next regular meeting of the Hospital Service District is scheduled for Tuesday, August 19, 2008, at 11:30 a.m. at the Wellness Center.
ADJOURNMENT
With no further business to discuss, Mr. Hall declared the meeting adjourned.
8/28
_____________________________________________________________
NOTICE TO BIDDERS
SEALED BIDS will be received in the office of the Recording Secretary of the Ouachita Parish Police Jury in the Courthouse Building, Monroe, Louisiana, on or before ten (10:00) AM, Tuesday, September 16, 2008, and that the same will be opened, read aloud and tabulated in the office of Ouachita Parish Police Jury, at ten (10:00) o’clock AM, September 16, 2008, and submitted to the Ouachita Parish Police Jury at its next scheduled meeting, for the purpose of furnishing the following:
FOOD & FOOD PRODUCTS FOR
GREEN OAKS’ DETENTION HOME
Complete specifications on the above item(s) are on file with and may be obtained from Frances B. Hunter, Purchasing Manager, Ouachita Parish Police Jury, Purchasing Department, 301 South Grand Street, Basement Floor, Monroe, LA. Bidders must note on the sealed envelope containing the bid: “SEALED BID” and the APPROPRIATE BID NUMBER.
THE OUACHITA PARISH POLICE JURY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
OUACHITA PARISH POLICE JURY
8/21,8/28
_____________________________________________________________
BID NOTICE
Sealed bids will be received by the Purchasing Agent, Ouachita Parish School Board, 100 Bry Street, P.O. Box 1642, Monroe, LA 71210-1642 until 1:00 P.M. C.D.S.T. September 8, 2008, at which time they will be publicly opened and read aloud for:
BID: 23-09
SHOP EQUIPMENT
Bid forms and specifications may be obtained from the Ouachita Parish School Board, Purchasing Department. The School Board reserves the right to reject any or all bids received.
OUACHITA PARISH SCHOOL BOARD
Jack White, President
ATTEST: Robert Webber, Ed. D Secretary
8/21,8/28
_____________________________________________________________
U.S. District Court
Western District of Louisiana (Monroe)
CIVIL DOCKET FOR CASE #: 3:08-cv-01160-RGJ-KLH;
JUDGE ROBERT G JAMES;
MAGISTRATE JUDGE KAREN L HAYES;
MIDCONTINENT EXPRESS PIPELINE LLC, Plaintiff,
Versus
1.68 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA (PIPELINE RIGHT-OF-WAY SERVITUDE); 1.5 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 23.73 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 2.0 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 3.61 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 8.05 ACRES OF LAND, MORE OR LESS, IN RICHLAND PARISH, LOUISIANA; 1.6 ACRES OF LAND, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA; 1.51 ACRES OF LAND, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA; 3.54 ACRES OF LAND, MORE OR LESS, IN UNION PARISH,
LOUISIANA; 0.6 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 0.43 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 2.71 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 2.58 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 6.48 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 10.79 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 2.23 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 3.69 ACRES
OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 13.49 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 3.34 ACRES OF LAND, MORE OR LESS, IN WEBSTER PARISH, LOUISIANA; 3.09 ACRES OF LAND, MORE OR LESS, IN BOSSIER PARISH; 7.2 ACRES OF LAND, MORE OR LESS, IN CADDO PARISH, LOUISIANA; 2.44 ACRES OF LAND, MORE OR LESS, IN CADDO PARISH, LOUISIANA, ET AL.
Defendants.
FRCP RULE 71.1 (d) NOTICE OF
COMMENCEMENT OF CONDEMNATION ACTION
To: 1.51 Acres of Land, More or Less, in Ouachita Parish, Louisiana
Mary Inabnet McClendon Williams
Harold Leslie Woods, Jr.
LCI Properties, LLC
Snellings, Breard, Sarter, Inabnet & Trascher, LLP
Any Unknown Owners and Other Interested Parties
PLEASE TAKE NOTICE that on August 8, 2008, a Complaint for Condemnation of Pipeline Right-of-Way Servitude was filed in the above captioned matter by plaintiff, MidContinent Express Pipeline LLC (“MEP”), in which you are named as a defendant.
NATURE OF ACTION
The above-captioned matter is an action by MEP, pursuant to Section 717f(h) of the Natural Gas Act (the “NGA”), 15 U.S.C. § 717f(h), for the condemnation of natural gas pipeline rights-of-way/servitudes across tracts of land in which you have or may claim to have an ownership interest. MEP has, through a request for a preliminary injunction, also moved the Court to confirm its rights under the NGA and for immediate possession of these rights-of-way/servitudes.
DESCRIPTION OF PROPERTY AND INTEREST TO BE TAKEN
Pursuant to the Certificate of Public Convenience and Necessity (“FERC Certificate”) issued to MEP by the Federal Energy Regulatory Commission (“FERC”), MEP needs and is entitled to acquire a pipeline right-of-way/servitude across the following property:
That certain lot, tract or parcel of land situated in Section 14, Township 19 North, Range 5 East, Ouachita Parish, Louisiana, as described in a Sale of Land from Thomas C. Newton, a single man, to W.B. Inabnet, Jr., a married man, whose wife if Wilhelmina M. Inabnet, born Morris, and H.L. Woods, a married man, whose wife is Lena Mae H. Woods, born Harvey, as recorded in Book 196, Page 767 Records of Ouachita Parish, Louisiana, less and excepting any conveyance heretofore made.
This property is referred to herein as the “Property.” The interest to be taken consists of the following:
(1) a permanent servitude/right-of-way, as described and depicted in the Appendix to the Complaint, along with all of the rights and privileges reasonably necessary for MEP to construct, operate, and maintain the MEP Project including, but not limited to, the right of ingress and egress to and from the MEP Project, which includes the use of any existing roads (“Permanent Servitude”);
(2) The right to use a strip of land, running adjacent to and parallel with the Permanent Servitude and other areas necessary for construction, as described and depicted in the Appendix to the Complaint, during initial construction and installation of the pipeline and the necessary appurtenances thereto, along with the rights and privileges reasonably necessary for MEP to construct and install the MEP Project including, but not limited to the right of ingress and egress to and from the MEP Project, which includes the use of any existing roads (“Temporary Workspace”). After the initial construction and installation of the MEP Project and the necessary appurtenances thereto, the right to use the Temporary Workspace shall terminate. (The Permanent Servitude and Temporary Workspace are collectively hereinafter referred to as the “Right-of-Way/ Servitude”).
AUTHORITY FOR THE TAKING
Pursuant to the NGA, 15 U.S.C. §§ 717 et seq., on July 25, 2008, the Federal Energy Regulatory Commission (“FERC”) issued to MEP a Certificate of Public Convenience and Necessity (the “FERC Certificate”) authorizing MEP to construct, own, and operate an approximately 506-mile interstate natural gas pipeline and appurtenant auxiliary facilities extending from near Bennington, Oklahoma, crossing through northeast Texas, northern Louisiana, central Mississippi, and ending near Butler, Alabama (the “MEP Project”). See MidContinent Express Pipeline, LLC, 124 FERC ¶ 61,089 (July 25, 2008).
MEP has the right of eminent domain under Section 717f(h) of the Natural Gas Act, 15 U.S.C. § 717f(h), and Rule 71.1 of the Federal Rules of Civil Procedure because MEP cannot, despite good faith efforts, acquire by contract, or is unable to agree with the owners of the property to the compensation to be paid for, the necessary rights-of-way/servitudes to construct, operate, and maintain a pipeline for the transportation of natural gas.
USE FOR WHICH THE PROPERTY IS TO BE TAKEN
The Right-of-Way/Servitude will be used for the construction of a portion of the MEP Project. Specifically, the Right-of-Way/Servitude will be used for construction of the portion of the MEP Project crossing northern Louisiana, including the follow parishes: Caddo, Bossier, Webster, Claiborne, Lincoln, Union, Ouachita, Morehouse, Richland, and Madison. The MEP Project addresses the need for new pipeline infrastructure to link natural gas production from the Barnett Shale and Bossier Sands in Texas, the Woodford/Caney Shale and Granite Wash in Oklahoma, and the Fayetteville Shale in Arkansas with markets further east. When completed, the MEP Project will transport an additional supply of up to 2,732,500 Dth/d.
The MEP Project will consist of, among other facilities, a 30-inch diameter pipeline extending approximately 40 miles from the interconnection with Enogex at Bennington in Byron County, Oklahoma, increasing to 42-inch line for the next 268 miles, and decreasing in size to 36-inch line for the last 198 miles. MEP will also construct mainline compressor stations, including the Perryville Compressor Station in Union Parish, Louisiana. To receive supplies from one of its interconnects (CenterPoint Energy Gas Transmission), MEP will construct the Delhi Booster Station at the interconnect and a 4.2-mile, 16-inch lateral line extending from the booster station to the mainline, all in Richland and Madison Parishes, Louisiana.
APPEARANCE OR ANSWER
YOU ARE FURTHER NOTIFIED that, within twenty (20) days after service of this notice on you, you may serve on any of the counsel for MEP listed below an answer, identifying the portion of the property in which you claim an interest; stating the nature and extent of the interest claimed; and stating all your objections and defenses to condemnation of the property. Your failure to serve an answer will constitute your consent to (1) the taking of the subject property rights; (2) the Court’s authority to proceed to hear the action; and (3) the Court’s authority to adjudge the just compensation you might have as a result of the condemnation.
YOU ARE FURTHER NOTIFIED that if you have no objection or defense to condemnation of the property, you may serve on any of the counsel for MEP listed below a notice of appearance, designating any portion of the property in which you claim an interest, and thereafter, you shall receive notice of all proceedings affecting the property.
YOU ARE FURTHER NOTIFIED that at the trial of the issue of just compensation, whether or not you have answered or served a notice of appearance, you may present evidence regarding the amount of compensation to be paid for the property in which you have an interest and you may share in the distribution of the compensation award.
YOU ARE FURTHER NOTIFIED that MEP has moved for leave of court to deposit an amount equal to or in excess of the just compensation of the interest to be taken.
YOU ARE FURTHER NOTIFIED that MEP has moved the Court to confirm its right under the Natural Gas Act to condemn the subject rights-of-way/servitudes and for a preliminary injunction granting immediate possession of the rights-of-way/servitudes, and that a hearing has been requested to be held at the earliest possible date assigned by the Court.
BY ORDERS dated August 11, 2008, the Court granted MEP’s motion for leave of court to deposit funds into the Court’s registry, and set the hearing on MEP’s Motion to Confirm Right to Condemn and For Immediate Possession for September 5, 2008, at 10:00 a.m., at the United States District Court for the Western District of Louisiana, located in the Federal Building, Suite 215, 201 Jackson Street, Monroe, Louisiana 71201.
Dated: August 8, 2008.
Respectfully submitted,
By: /s/ Adam B. Zuckerman
Edward B. Poitevent, II (La. Bar No.10564)
Kenneth P. Carter (La. Bar No. 3933)
Adam B. Zuckerman, T.A. (La. Bar No. 25943)
Kathlyn G. Perez (La. Bar No. 30668)
BAKER, DONELSON, BEARMAN
CALDWELL & BERKOWITZ, P.C.
201 St. Charles Avenue, Suite 3600
New Orleans, LA 70170-3600
Telephone: (985) 819-8400
Facsimile: (985) 819-8484
epoitevent@bakerdonelson.com
kcarter@bakerdonelson.com
azuckerman@bakerdonelson.com
kperez@bakerdonelson.com
- and –
Michael L. Dubos (La. Bar No. 23944)
K. Lamar Walters, III (La. Bar No. 31353)
BREITHAUPT, DUNN, DUBOS, SHAFTO & WOLLESON, LLC
1811 Tower Drive
Monroe, LA 71201
Telephone: (318) 322-1202
Facsimile: (318) 322-1984
mdubos@bddswlaw.com
lwalters@bddswlaw.com
ATTORNEYS FOR MIDCONTINENT EXPRESS PIPELINE LLC
CERTIFICATE OF SERVICE
I hereby certify that, pursuant to Federal Rule of Civil Procedure 71.1(d)(3), locatable defendants known to me will be served personally and that all defendants not served personally will be served by publication pursuant to Federal Rule of Civil Procedure 71.1(d)(3)(B).
This the 8th day of August, 2008.
/s/Adam B. Zuckerman
ADAM B. ZUCKERMAN
8/14,8/21,8/28
_____________________________________________________________
U.S. District Court
Western District of Louisiana (Monroe)
CIVIL DOCKET FOR CASE #: 3:08-cv-01160-RGJ-KLH;
JUDGE ROBERT G JAMES;
MAGISTRATE JUDGE KAREN L HAYES;
MIDCONTINENT EXPRESS PIPELINE LLC, Plaintiff,
Versus
1.68 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA (PIPELINE RIGHT-OF-WAY SERVITUDE); 1.5 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 23.73 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 2.0 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 3.61 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 8.05 ACRES OF LAND, MORE OR LESS, IN RICHLAND PARISH, LOUISIANA; 1.6 ACRES OF LAND, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA; 1.51 ACRES OF LAND, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA; 3.54 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 0.6 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 0.43 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 2.71 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 2.58 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 6.48 ACRES OF LAND, MORE OR LESS, IN UNION PARISH, LOUISIANA; 10.79 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 2.23 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 3.69 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 13.49 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 3.34 ACRES OF LAND, MORE OR LESS, IN WEBSTER PARISH, LOUISIANA; 3.09 ACRES OF LAND, MORE OR LESS, IN BOSSIER PARISH; 7.2 ACRES OF LAND, MORE OR LESS, IN CADDO PARISH, LOUISIANA; 2.44 ACRES OF LAND, MORE OR LESS, IN CADDO PARISH, LOUISIANA, ET AL.
Defendants.
FRCP RULE 71.1 (d) NOTICE OF
COMMENCEMENT OF CONDEMNATION ACTION
To: 1.6 Acres of Land, More or Less, in Ouachita Parish, Louisiana
Paton David Parks
Jule W. Parks, III
Any Unknown Owners and Other Interested Parties
PLEASE TAKE NOTICE that on August 8, 2008, a Complaint for Condemnation of Pipeline Right-of-Way Servitude was filed in the above captioned matter by plaintiff, MidContinent Express Pipeline LLC (“MEP”), in which you are named as a defendant.
NATURE OF ACTION
The above-captioned matter is an action by MEP, pursuant to Section 717f(h) of the Natural Gas Act (the “NGA”), 15 U.S.C. § 717f(h), for the condemnation of natural gas pipeline rights-of-way/servitudes across tracts of land in which you have or may claim to have an ownership interest. MEP has, through a request for a preliminary injunction, also moved the Court to confirm its rights under the NGA and for immediate possession of these rights-of-way/servitudes.
DESCRIPTION OF PROPERTY AND INTEREST TO BE TAKEN
Pursuant to the Certificate of Public Convenience and Necessity (“FERC Certificate”) issued to MEP by the Federal Energy Regulatory Commission (“FERC”), MEP needs and is entitled to acquire a pipeline right-of-way/servitude across the following property:
That certain lot, tract or parcel of land containing 64.121 acres, more or less, situated in Lot 1 of Section 28 and in the North Half of Section 40, Township 20 North, Range 4 East, Ouachita Parish, Louisiana, more fully described in a Partial Partition Deed from Era Lee Parks Thigpen, Wife of Larry E. Thigpen to Jule W Parks, III, a Single Man and Paton David Parks, a Single Man as described in Book 1565 Page 740 in the Register of Deeds of Ouachita Parish, Louisiana, less and except any conveyances heretofore made.
This property is referred to herein as the “Property.” The interest to be taken consists of the following:
(1) a permanent servitude/right-of-way, as described and depicted in the Appendix to the Complaint, along with all of the rights and privileges reasonably necessary for MEP to construct, operate, and maintain the MEP Project including, but not limited to, the right of ingress and egress to and from the MEP Project, which includes the use of any existing roads (“Permanent Servitude”);
(2) The right to use a strip of land, running adjacent to and parallel with the Permanent Servitude and other areas necessary for construction, as described and depicted in the Appendix to the Complaint, during initial construction and installation of the pipeline and the necessary appurtenances thereto, along with the rights and privileges reasonably necessary for MEP to construct and install the MEP Project including, but not limited to the right of ingress and egress to and from the MEP Project, which includes the use of any existing roads (“Temporary Workspace”). After the initial construction and installation of the MEP Project and the necessary appurtenances thereto, the right to use the Temporary Workspace shall terminate. (The Permanent Servitude and Temporary Workspace are collectively hereinafter referred to as the “Right-of-Way/ Servitude”).
AUTHORITY FOR THE TAKING
Pursuant to the NGA, 15 U.S.C. §§ 717 et seq., on July 25, 2008, the Federal Energy Regulatory Commission (“FERC”) issued to MEP a Certificate of Public Convenience and Necessity (the “FERC Certificate”) authorizing MEP to construct, own, and operate an approximately 506-mile interstate natural gas pipeline and appurtenant auxiliary facilities extending from near Bennington, Oklahoma, crossing through northeast Texas, northern Louisiana, central Mississippi, and ending near Butler, Alabama (the “MEP Project”). See MidContinent Express Pipeline, LLC, 124 FERC ¶ 61,089 (July 25, 2008).
MEP has the right of eminent domain under Section 717f(h) of the Natural Gas Act, 15 U.S.C. § 717f(h), and Rule 71.1 of the Federal Rules of Civil Procedure because MEP cannot, despite good faith efforts, acquire by contract, or is unable to agree with the owners of the property to the compensation to be paid for, the necessary rights-of-way/servitudes to construct, operate, and maintain a pipeline for the transportation of natural gas.
USE FOR WHICH THE PROPERTY IS TO BE TAKEN
The Right-of-Way/Servitude will be used for the construction of a portion of the MEP Project. Specifically, the Right-of-Way/Servitude will be used for construction of the portion of the MEP Project crossing northern Louisiana, including the follow parishes: Caddo, Bossier, Webster, Claiborne, Lincoln, Union, Ouachita, Morehouse, Richland, and Madison. The MEP Project addresses the need for new pipeline infrastructure to link natural gas production from the Barnett Shale and Bossier Sands in Texas, the Woodford/Caney Shale and Granite Wash in Oklahoma, and the Fayetteville Shale in Arkansas with markets further east. When completed, the MEP Project will transport an additional supply of up to 2,732,500 Dth/d.
The MEP Project will consist of, among other facilities, a 30-inch diameter pipeline extending approximately 40 miles from the interconnection with Enogex at Bennington in Byron County, Oklahoma, increasing to 42-inch line for the next 268 miles, and decreasing in size to 36-inch line for the last 198 miles. MEP will also construct mainline compressor stations, including the Perryville Compressor Station in Union Parish, Louisiana. To receive supplies from one of its interconnects (CenterPoint Energy Gas Transmission), MEP will construct the Delhi Booster Station at the interconnect and a 4.2-mile, 16-inch lateral line extending from the booster station to the mainline, all in Richland and Madison Parishes, Louisiana.
APPEARANCE OR ANSWER
YOU ARE FURTHER NOTIFIED that, within twenty (20) days after service of this notice on you, you may serve on any of the counsel for MEP listed below an answer, identifying the portion of the property in which you claim an interest; stating the nature and extent of the interest claimed; and stating all your objections and defenses to condemnation of the property. Your failure to serve an answer will constitute your consent to (1) the taking of the subject property rights; (2) the Court’s authority to proceed to hear the action; and (3) the Court’s authority to adjudge the just compensation you might have as a result of the condemnation.
YOU ARE FURTHER NOTIFIED that if you have no objection or defense to condemnation of the property, you may serve on any of the counsel for MEP listed below a notice of appearance, designating any portion of the property in which you claim an interest, and thereafter, you shall receive notice of all proceedings affecting the property.
YOU ARE FURTHER NOTIFIED that at the trial of the issue of just compensation, whether or not you have answered or served a notice of appearance, you may present evidence regarding the amount of compensation to be paid for the property in which you have an interest and you may share in the distribution of the compensation award.
YOU ARE FURTHER NOTIFIED that MEP has moved for leave of court to deposit an amount equal to or in excess of the just compensation of the interest to be taken.
YOU ARE FURTHER NOTIFIED that MEP has moved the Court to confirm its right under the Natural Gas Act to condemn the subject rights-of-way/servitudes and for a preliminary injunction granting immediate possession of the rights-of-way/servitudes, and that a hearing has been requested to be held at the earliest possible date assigned by the Court.
BY ORDERS dated August 11, 2008, the Court granted MEP’s motion for leave of court to deposit funds into the Court’s registry, and set the hearing on MEP’s Motion to Confirm Right to Condemn and For Immediate Possession for September 5, 2008, at 10:00 a.m., at the United States District Court for the Western District of Louisiana, located in the Federal Building, Suite 215, 201 Jackson Street, Monroe, Louisiana 71201.
Dated: August 8, 2008.
Respectfully submitted,
By: /s/ Adam B. Zuckerman
Edward B. Poitevent, II (La. Bar No.10564)
Kenneth P. Carter (La. Bar No. 3933)
Adam B. Zuckerman, T.A. (La. Bar No. 25943)
Kathlyn G. Perez (La. Bar No. 30668)
BAKER, DONELSON, BEARMAN CALDWELL & BERKOWITZ, P.C.
201 St. Charles Avenue, Suite 3600
New Orleans, LA 70170-3600
Telephone: (985) 819-8400
Facsimile: (985) 819-8484
epoitevent@bakerdonelson.com
kcarter@bakerdonelson.com
azuckerman@bakerdonelson.com
kperez@bakerdonelson.com
- and –
Michael L. Dubos (La. Bar No. 23944)
K. Lamar Walters, III (La. Bar No. 31353)
BREITHAUPT, DUNN, DUBOS, SHAFTO & WOLLESON, LLC
1811 Tower Drive
Monroe, LA 71201
Telephone: (318) 322-1202
Facsimile: (318) 322-1984
mdubos@bddswlaw.com
lwalters@bddswlaw.com
ATTORNEYS FOR MIDCONTINENT EXPRESS PIPELINE LLC
CERTIFICATE OF SERVICE
I hereby certify that, pursuant to Federal Rule of Civil Procedure 71.1(d)(3), locatable defendants known to me will be served personally and that all defendants not served personally will be served by publication pursuant to Federal Rule of Civil Procedure 71.1(d)(3)(B).
This the 8th day of August, 2008.
/s/Adam B. Zuckerman
ADAM B. ZUCKERMAN
8/14,8/21,8/28
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ADVERTISEMENT FOR BIDS
Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145, Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Tuesday, September 9, 2008.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING.
FOR: College of Pharmacy Animal Research Facility
University of Louisiana,Monroe, Louisiana
PROJECT NUMBER: 19-629-05-04, Part 03
Complete Bidding Documents for this project are available in electronic form. They may be obtained without charge and without deposit from www.aeplans.com. Printed copies are not available from the Architect but arrangements can be made to obtain them through most reprographic firms. Plan holders are responsible for their own reproduction costs.
Questions about this procedure shall be directed to the Architect at:
Bledsoe Architects, LLC
735 Robinhood Drive
Shreveport, LA 71106
Telephone: 318-219-2295
Fax: 318-219-2296
E-mail: info@bledsoearchitects.com
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligating of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact.
A PRE-BID CONFERENCE WILL BE HELD
at 2:00 p.m. on Thursday, August 28, 2008 at the University of Louisiana Monroe Campus, College of Pharmacy-Bienville Building, Room 110, 1800 Bienville Drive, Monroe, LA.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2163 for the classification of Building Construction. Bidder is required to comply with the provisions and requirements of LA R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially of entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm.
STATE OF LOUISIANA
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
JERRY W. JONES, DIRECTOR
8/14,8/21,8/28
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NOTICE TO BIDDERS
LEASE PROPOSAL NUMBER RL-753-A
Sealed bids for the lease of usable space consisting of approximately 15,000 square feet of Warehouse Space, PLUS INTERNAL CIRCULATION for the Department of State, Elections Division and located within the geographical area in Ouachita Parish that is North of Interstate 20, West of Interstate 65, State of Louisiana, will be received by the State of Louisiana, Division of Administration, Facility Planning and Control, Real Estate Leasing Section, Post Office Box 94095, Baton Rouge, Louisiana 70804‑9095.
Bids will be opened on Thursday, September 18, 2008, at 10:00 am., by the Real Estate Leasing Section, at 1201 North Third Street, Claiborne Building, 1st Floor, James Monroe Room, Room 1-145, Baton Rouge, Louisiana, 70802-5243.
Necessary documents needed to submit a bid in response to this solicitation or any information relative thereto may be obtained from Angela Everett, Division of Administration, Facility Planning and Control, Real Estate Leasing Section, Post Office Box 94095, Baton Rouge, Louisiana 70804‑9095, telephone number (225)342-0847.
Any person requiring special accommodations shall notify Facility Planning and Control of the type(s) of accommodations(s) required not less than seven (7) days before the bid opening.
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
REAL ESTATE LEASING SECTION
8/21,8/28
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LEGAL NOTICE
NOTICE is hereby given by the Mayor and Board of Alderman of the City of West Monroe, Louisiana, in accordance with Louisiana Revised Statutes, Title 33, Section 4712, that the proposed ordinance 3761 attached hereto as Exhibit "A" was introduced at the regular meeting of the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, on the 12th day of August, 2008, and will be considered for adoption at the regular meeting of the Mayor and Board of Aldermen on the 9th day of September, 2008, at 7:00 p.m. City Council Chambers, West Monroe City Hall, 2305 North Seventh Street, West Monroe, Louisiana. Any opposition to the proposed ordinance must be in writing, filed with the City Clerk within 15 days of the first publication of this Legal Notice. A public hearing will be held on any such written opposition at the time, date and place set forth above for consideration of the adoption of the proposed ordinance.
Benny Chelette, City Clerk, City of West Monroe
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3761
MOTION BY: Mr. Yeager
SECONDED BY: Mr. Bennett
AN ORDINANCE AUTHORIZING THE CITY OF WEST MONROE, LOUISIANA TO SELL CERTAIN DESCRIBED IMMOVABLE PROPERTY WHICH IS NOT NEEDED FOR ANY PUBLIC PURPOSE BY THE CITY OF WEST MONROE, LOUISIANA TO HABITAT FOR HUMANITY OF OUACHITA, INC., FOR THE CASH SUM OF $24,000.00, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the City of West Monroe, Louisiana, owns certain immovable property which is not needed for public purposes, and
WHEREAS, the price offered, and the terms and conditions provided for the purchase of that property is fair and reasonable, and the intended sale and development of that immovable property will be beneficial to the City of West Monroe and its residents.
NOW, THEREFORE:
SECTION 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the City of West Monroe, Louisiana is hereby authorized to sell certain immovable property which is not needed for any public purpose by the City of West Monroe, Louisiana, which property is more particularly described as follows, to-wit:
See attached Exhibit “A” to Habitat For Humanity of Ouachita, Inc., for and in consideration of the cash sum of TWENTY FOUR THOUSAND AND NO/100 ($24,000.00) DOLLARS, subject to the following conditions:
a) Subject to any and all development restrictions of record, and all rights-ofway and/or servitudes of record or of use;
b) City reserves all oil, gas and other fugacious minerals in, on and under the above described property, but City, on behalf of itself, its successors, lessees, and assigns, expressly waives the right to enter upon, utilize or occupy any portion of the above described property for any mineral exploration or development; and
SECTION 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana, be and he is hereby authorized to execute a Deed on behalf of the City of West Monroe, Louisiana, reflecting the price and terms set forth above, and to take any other action or execute any and all other documents deemed by him either necessary or appropriate in order to transfer the above described immovable property as set forth above, including but not limited to including a provision, whether in the deed or in a supplemental agreement, that limits the nature of the initial construction and operation of the business to be located on that property to certain types of activities for a minimum number of years, that requires the construction to be initiated within a certain time and pursued in a commercially reasonable manner through to completion, together with such other requirement and provisions as he deems appropriate, including a provision that provides for a right and option in favor of the City of West Monroe to re-acquire the property at the same price if such conditions are not timely met or to provide for liquidated damages payable to the City of West Monroe in lieu of such reacquisition, the terms, conditions or provisions of all of such conditions to be as determined appropriate by the Mayor.
SECTION 3. The above ordinance was introduced on August 12, 2008, in regular and legal session convened; notice of this ordinance was published three times in fifteen (15) days, one week apart, as required by R.S. 33:4712; no opposition being filed, it is considered by sections, voted on by yea and nay vote, passed and adopted in legal session convened this 9th day of September, 2008, with the final vote being as follows:
YEA:
NAY:
NOT VOTING:
ABSENT:
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 9TH DAY OF SEPTEMBER, 2008
Dave Norris, Mayor, City of West Monroe, State of Louisiana
8/21,8/28,9/4
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NOTICE
The Ouachita Parish Police Jury will conduct two public hearing on September 8, 2008 at 5:30 p.m. in the Police Jury Meeting Room at the Ouachita Parish Courthouse.
1) The purpose of the first public hearing will be to receive comments on Ordinance No. 8900 Proposed decrease in speed limit on Aycock Rd from 25 mph to 15mph
2) The purpose of the second public hearing will be to receive comments on Ordinance No. 8901 Amending Chapter 3, Article II of the Compiled Ordinance of Ouachita Parish Governing “Livestock” to regulate the tethering of Livestock.
All persons who wish to comment, protest or object to any portion of the above mentioned ordinance or resolution are urged to attend this meeting.
8/28,9/4
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PUBLIC NOTICE
LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY (LDEQ)
TENNESSEE GAS PIPELINE COMPANY
TENNESSEE GAS PIPELINE-COMPRESSOR STATION 47
DRAFT WATER DISCHARGE PERMIT
The LDEQ, Office of Environmental Services, is accepting written comments on a draft Louisiana Pollutant Discharge Elimination System (LPDES) permit prepared for Tennessee Gas Pipeline Company, Tennessee Gas Pipeline-Compressor Station 47, 200 Worthey Road, West Monroe, Louisiana 71291. The facility is located at 200 Worthey Road, in West Monroe, Ouachita Parish. FORMTEXT Upon the effective date of the final permit, the LPDES permit shall replace the previously issued LWDPS permit WP0221 and NPDES permit LA0007862.
The principal discharge from this existing source is made into D'Arbonne Hills Lake, to the Tupawek Bayou, and thence to the Ouachita River, waters of the state classified for primary contact recreation, secondary contact recreation, propagation of fish and wildlife, and drinking water supply. Under the SIC Code 4922, the applicant proposes to discharge stormwater combined with building floor drainage, equipment washwater, and condensed water from a natural gas compressor station.
During the preparation of this permit, it has been determined that the discharge will have no adverse impact on the existing uses of the receiving waterbody. As with any discharge, however, some change in existing water quality may occur.
Written comments, written requests for a public hearing or written requests for notification of the final decision regarding this permit action may be submitted to Ms. Soumaya Ghosn at LDEQ, Public Participation Group, P.O. Box 4313, Baton Rouge, LA 70821-4313. Written comments and/or written requests must be received by 12:30 p.m., Monday, October 6, 2008. Written comments will be considered prior to a final permit decision.
If LDEQ finds a significant degree of public interest, a public hearing will be held. LDEQ will send notification of the final permit decision to the applicant and to each person who has submitted written comments or a written request for notification of the final decision.
The draft permit, application, and statement of basis are available for review at the LDEQ, Public Records Center, Room 127, 602 North 5th Street, Baton Rouge, LA. Viewing hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday (except holidays). The available information can also be accessed electronically on the Electronic Document Management System (EDMS) on the DEQ public website at www.deq.louisiana.gov.
Inquiries or requests for additional information regarding this permit action should be directed to Ms. Valerie Powe, LDEQ, Water Permits Division, P.O. Box 4313, Baton Rouge, LA 70821-4313, phone (225) 219-3135.
Persons wishing to be included on the LDEQ permit public notice mailing list or for other public participation related questions should contact the Public Participation Group in writing at LDEQ, P.O. Box 4313, Baton Rouge, LA 70821-4313, by email at deqmaillistrequest@la.gov or contact the LDEQ Customer Service Center at (225) 219-LDEQ (219-5337).
Permit public notices including electronic access to the draft permit and statement of basis can be viewed at the LDEQ permits public notice webpage at www.deq.louisiana.gov/apps/pubNotice/default.asp and general information related to the public participation in permitting activities can be viewed at www.deq.louisiana.gov/portal/tabid/2198/Default.aspx.
Alternatively, individuals may elect to receive the permit public notices via email by subscribing to the LDEQ permits public notice List Server at http://www.doa.louisiana.gov/oes/listservpage/ldeq_pn_listserv.htm
All correspondence should specify AI Number 1945, Permit Number LA0007862, and Activity Number PER19970002.
8/28
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PUBLIC NOTICE
NOTICE is hereby given that the Planning Commission of the City of West Monroe will meet in legal session on Monday, September 15, 2008, at 5:00 p.m. in the Council Chambers of West Monroe City Hall to review the following application(s):
APPLICATION NO: ANNX-08-60000003
APPLICANT: MILHAVEN LODGING, INC
LOCATION: 5301 I-20 SERVICE ROAD
REQUEST: ANNEXATION INTO THE CITY OF WEST MONROE CORPORATE LIMITS
LGL DSCRP: LOT IN SW4 OF SW4 SEC 29 T18N R3E BEG 576.576 FT ON E OF SW COR SAID SEC, E 336.60 FT, DEPTH NO 209.88 FT – LESS PARCEL TO HWY BOOK 697-495-
APPLICATION NO: ZC-08-45000005
APPLICANT: MILHAVEN LODGING, INC
LOCATION: 5301 I-20 SERVICE ROAD
REQUEST: ZONE CHANGE FROM O-L (OPEN LAND) TO B-3 (GENERAL BUSINESS DISTRICT) TO PURSUE DEVELOPMENT OPPORTUNITIES
LGL DSCRP: LOT IN SW4 OF SW4 SEC 29 T18N R3E BEG 576.576 FT ON E OF SW COR SAID SEC, E 336.60 FT, DEPTH NO 209.88 FT – LESS PARCEL TO HWY BOOK 697-495-
The public is invited to attend.
8/28,9/4,9/11
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NOTICE
Proceedings of the Board of Commissioners of the West Ouachita Sewerage District No. 5, Ouachita Parish, Louisiana. Taken at the office of the district, 327 Wallace Road, West Monroe, Louisiana. Monday, August 11, 2008.
Members present: Fred Hall, Ralph Owens.
Members absent: Don Leach.
Others present: Lynn Andries — Luffey, Huffman, Ragsdale & Soignier, APAC.
Commissioner Hall called the budget hearing to order promptly at 11:00 a.m., to hear and consider all comments, protests or objections to the proposed budget for West Ouachita Sewerage District No. 5, for fiscal year September 1, 2008 through August 31, 2009.
A comprehensive discussion followed and there were no objections or protests concerning the budget.
The budget hearing adjourned at 11:25 a.m.
Commissioner Hall called the regular meeting to order at 11:26 a.m.
The first item on the agenda was to consider all aspects of the budget. Mr. Andries presented the budget in its entirety. Commissioner Owens made a motion to pass the resolution adopting the operating budget of revenues and expenditures for the fiscal year, September 1, 2008 and ending August 31, 2009. The motion was seconded by Commissioner Hall. Everyone agreed the district is in sound financial condition. (The budget and resolution are on file at the office of the district).
Next, was the tax resolution to adopt the tax millage of 1.15 mills, to meet principle and interest payment due in Calendar Year 2009, on general obligation bonds outstanding in support of the district. Following a discussion, Commissioner Owens made a motion to pass the tax resolution and Commissioner Hall seconded the motion. (A copy of the tax resolution is on file at the office of the district.)
The next item was the 10 month financial statements ended June 31, 2008. Andries presented the statement to all present and Commissioner Owens made a motion to accept the statement and Commissioner Hall seconded the motion.
Next was the proposed subdivision Khaki Lane to consist of 18 (eighteen) single family lots. Mr. Lazenby presented the plans and specifications for the subdivision. Commissioner Owens made a motion to accept it upon completion and testing of the lines. Commissioner Hall seconded the motion.
Sealed bids were opened on July 31, 2008 at the office of the district at 10 a.m. Once bid was received. It was from Covington Sales & Service, Inc. and the bid was for $86,236.00. Commissioner Owens made a motion to accept the bid and Commissioner Hall seconded the motion. Mr. Cox placed the order for the camera system and delivery is expected in 12-16 weeks.
The final item was cash disbursements. Mr. Cox presented the disbursements for the month and Commissioner Owens made a motion to accept them as reasonable and necessary and Commissioner Hall seconded the motion.
No further business being presented the meeting adjourned at 12:10 p.m.
Respectfully submitted,
Fran Bradley, secretary.
Attest: Fred Hall, president.
8/28
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MINUTES OF THE REGULAR MEETING
OF THE WEST MONROE CITY COUNCIL
TUESDAY, AUGUST 12, 2008
There was a regular meeting of the West Monroe City Council held on Tuesday, August 12, 2008, at 7:00 p.m. In the Council Chambers of the West Monroe City Hall.
Those present were Mayor Dave Norris, Aldermen L. O. Yeager, James Bennett and Fred Ragland. Absent: Alice Pearson and James Brian.
The invocation was offered by Mr. L. O. Yeager, Alderman.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to approve the minutes of the July 8, 2008 Regular Council meeting.
There was a motion by Mr. Bennett, seconded by Mr. Yeager and unanimously carried to approve payment of the July 2008 billings, subject to audit by the Finance Committee.
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to table until the next regular Council Meeting, an ordinance to annex property located at 528 Thomas Road owned by KEL Investment Properties, L.L.C./Hydra Tech Systems, Inc. into the municipal limits of the City of West Monroe, Louisiana. Received a favorable review from the Planning Commission (tabled from July).
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to table until the next regular Council Meeting, an ordinance to re-zone property located at 528 Thomas Road, from an O-L (Open Land) District to an I-1 (Light to Heavy Industrial) District. KEL Investment Properties, L.L.C./Hydra Tech Systems, Inc., applicant. Received a favorable review from the Planning Commission (tabled from July).
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to table until the next regular Council Meeting, an ordinance to de-annex property owned by Parkwood Development Corporation (Jerry H. Sanders) (63.34 acre tract located west of Pilot Truck Stop, Well Road exit). Received a favorable review by the Planning Commission.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to approve an ordinance to annex property owned by the City of West Monroe, Louisiana (Fairlane Drive water well site). Ordinance 3758:
AN ORDINANCE TO ENLARGE THE CORPORATE LIMITS OF THE CITY OF WEST MONROE, LOUISIANA, PURSUANT TO R.S. 33:171 ET SEQ., AND PARTICULARLY R.S. 33:180, BY ANNEXING TERRITORY BELONGING TO THE CITY OF WEST MONROE, LOUISIANA, SAID PROPERTIES BEING ADJACENT AND CONTIGUOUS TO THE EXISTING BOUNDARIES OF THE CITY OF WEST MONROE, LOUISIANA.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to approve an ordinance to authorize re-purchase of certain immovable property from Akshar 9, L.L.C. Ordinance 3759:
AN ORDINANCE AUTHORIZING THE PURCHASE OF CERTAIN IMMOVABLE PROPERTY FROM AKSHAR 9, L.L.C., AND OTHERWISE PROVIDING WITH RESPECT THERETO.
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to approve a resolution of Endorsement of Participation in the La Restoration Tax Abatement Program by Steven R. Hall (310 Wood Street). Resolution 579:
A RESOLUTION STATING THE CITY OF WEST MONROE'S ENDORSEMENT OF STEVEN R. HALL AND REBECCA R. HALL AND THEIR PROJECT, RESTORATION OF BUILDING LOCATED AT 315 WOOD STREET, WEST MONROE, LOUISIANA TO PARTICIPATE IN THE BENEFITS OF THE LOUISIANA RESTORATION TAX ABATEMENT PROGRAM.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to approve a resolution approving a Systems Survey and Compliance Questionnaire to Louisiana Municipalities for the time period July 1, 2007 to June 30, 2008. Ordinance 580:
A RESOLUTION APPROVING A SYSTEMS SURVEY AND COMPLIANCE QUESTIONNAIRE TO LOUISIANA MUNICIPALITIES FOR THE TIME PERIOD JULY 1, 2007 TO JUNE 30, 2008, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to approve an ordinance to authorize the execution of a grant agreement with the Louisiana Department of Culture, Recreation and Tourism (Northeast Louisiana Celtic Festival, October 25-26). Ordinance 3760:
AN ORDINANCE AUTHORIZING THE CITY OF WEST MONROE, LOUISIANA, TO ENTER INTO A GRANT AGREEMENT RELATING TO SPONSORSHIP OF THE NORTHEAST LOUISIANA CELTIC FESTIVAL WITH THE STATE OF LOUISIANA, DEPARTMENT OF CULTURE, RECREATION AND TOURISM, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to introduce an ordinance to declare certain immovable property surplus, and to be sold to Habitat for Humanity of Ouachita, Inc. (3 lots-Coleman/Ludwig). Ordinance 3761:
AN ORDINANCE AUTHORIZING THE CITY OF WEST MONROE, LOUISIANA TO SELL CERTAIN DESCRIBED IMMOVABLE PROPERTY WHICH IS NOT NEEDED FOR ANY PUBLIC PURPOSE BY THE CITY OF WEST MONROE, LOUISIANA TO HABITAT FOR HUMANITY OF OUACHITA, INC., FOR THE CASH SUM OF $24,000.00, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to approve a resolution in support of re-zoning certain immovable property to R-1 (One Family Residential) District Habitat for Humanity of Ouachita, Inc. 3 lots-Coleman/Ludwig.
Resolution 581:
A RESOLUTION TO DECLARE THE INTENT OF AND IN SUPPORT OF AMENDING AND RE-ENACTING THE ZONING ORDINANCE OF THE CITY OF WEST MONROE, LOUISIANA, PARTICULARLY THE ZONING MAP ANNEXED TO AND MADE A PART OF ORDINANCE NO. 1501, AS THAT ZONING MAP, AS CODIFIED BY SECTION 12-5011(C) OF THE CODE OF ORDINANCES, CITY OF WEST MONROE, LOUISIANA, HAS BEEN FROM TIME TO TIME AMENDED, AND PARTICULARLY TO RESOLVE THAT, FOLLOWING DUE NOTICE AND ALL PROPER PROCEDURES, TO EXPRESS THE INTENT OF THE CITY OF WEST MONROE TO AMEND THAT ZONING MAP AS IT PERTAINS TO PROPERTY LOCATED ON SOUTH 8TH STREET, AS MORE PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT “A”, CURRENTLY OWNED BY AND PURSUANT TO THE APPLICATION OF THE CITY OF WEST MONROE SO AS TO RE-ZONE SAID PROPERTY FROM A B-1 (TRANSITIONAL BUSINESS) DISTRICT TO A R-1 (ONE FAMILY RESIDENTIAL) DISTRICT, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
There was a motion by Mr. Bennett, seconded by Mr. Ragland and unanimously carried to approve an ordinance to enter into an Agreement with Coca-Cola Enterprises, Inc. d/b/a Louisiana Coca-Cola Bottling Co., L.L.C. for exclusive beverage advertising and availabillity rights. Ordinance 3762:
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF WEST MONROE, LOUISIANA AND COCA-COLA ENTERPRISES, INC., D/B/A LOUISIANA COCA-COLA BOTTLING CO., L.L.C. WITH REGARD TO THE EXCLUSIVE BEVERAGE SUPPLIER DISTRIBUTOR AND ADVERTISER OF THE CITY OF WEST MONROE, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to approve an ordinance to adopt the adjusted millage rates and levy the ad valorem taxes authorized for the year of 2008 for the City of West Monroe. Ordinance 3763:
AN ORDINANCE ADOPTING THE MILLAGE RATES AND LEVYING THE AD VALOREM TAXES AUTHORIZED FOR THE TAX YEAR 2008 FOR THE CITY OF WEST MONROE, LOUISIANA.
There was a motion by Mr. Bennett, seconded by Mr. Yeager and unanimously carried to authorize Change Order No. 1-North 7th Elevated Tank Rehabilitation Project.
There was a motion by Mr. Yeager, seconded by Mr. Ragland and unanimously carried to authorize the issuance of Certificate of Substantial Completion – Addition to West Monroe Community Center.
There was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimoualy carried to condemn and demolish structures located at 114 Riverbend Drive, Beverly Waller.
There was a motion by Mr. Bennett, seconded by Mr. Yeager and unanimously carried to condemn and demolish structures located at 3036 North 7th Street, Jackson Companies of Monroe, L. L. C.
There being no further business, there was a motion by Mr. Yeager, seconded by Mr. Bennett and unanimously carried to adjourn.
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED: Dave Norris, Mayor, City of West Monroe, State of Louisiana
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