Public Notices Published Thursday, September 18th, 2008NOTICE 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 30, 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, Tuesday, September 30, 2008, and submitted to the Ouachita Parish Police Jury at its next scheduled meeting, for the purpose of furnishing the following: ROOFING CONTRACT FOR OUACHITA PARISH EXTENSION SERVICE 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 9/11,9/18 _____________________________________________________________ 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 2:00 P.M. C.D.S.T. October 6, 2008, at which time they will be publicly opened and read aloud for: BID: 27-09 TRACK 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 9/18,9/25 _____________________________________________________________ NOTICE The Ouachita Parish School Board met in special session on Tuesday, August 26, 2008 at twelve (12:00) o’clock noon at its regular meeting place, the Ouachita Parish School Board office. The following members were present: Jack White, A. R. Sims, Jerry R. Hicks, John Russell, Carey Walker and Susan Spence. Scott Robinson was the only member absent. The Pledge to the Flag was led by Susan Spence. The Invocation was given by Carey Walker. On motion by Jerry Hicks, Seconded by A. R. Sims, the Board unanimously approved the Minutes of August 12, 2008 as written. On motion by Carey Walker, Seconded by Susan Spence, the Board unanimously approved the revised Agenda after adding the purchase of batting cage equipment item under Permission to Bid. On motion by A. R. Sims, seconded by Jerry Hicks, the Board approved the amended Personnel Agenda as presented, including the changes since mail out. Motion carried unanimously. On the recommendation of bond counsel Grant Schlueter, A. R. Sims moved, seconded by Jerry Hicks, that the Board adopt the resolution providing for the tabulation and opening of the sealed or electronic bids received for the purchase of $5,000,000 of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana and providing for other matters in connection therewith. Motion carried unanimously (Scott Robinson was absent). Mr. Schlueter took this time to publicly announce that the Ouachita Parish School Board’s bond rating had been upgraded from an A to an A+, one of the higher credit ratings attained by school boards and other political subdivisions in the State, by Standard & Poor’s, a national bond rating agency after recently reviewing financial operations of the Board. This report is important for the school system as a whole in borrowing money as it saves interest, lowers taxes paid by property taxpayers and less money is spent on interest and more money for projects. It means that the financial operations of the school board, whether if budgets conservatively, maintains a good reserve or a good point balance – all of these things go into the equation determining what the bond rating is going to be for a particular issue – east or west Ouachita Parish. On the recommendation of bond counsel Grant Schlueter, Jerry Hicks moved, seconded by A. R. Sims, that the Board adopt the resolution accepting the low bid of 3.95% from Morgan Keegan for the purchase of $5,000,000 of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana and providing for other matters in connection therewith. Motion carried unanimously (Scott Robinson was absent). On the recommendation of bond counsel Grant Schlueter, Jerry Hicks moved, seconded by A. R. Sims, that the Board adopt the resolution providing for the sale of $5,000,000 of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana; and providing for other matters in connection therewith. Motion carried unanimously (Scott Robinson was absent). On the recommendation of Personnel Director Don Coker, Susan Spence moved, seconded by Mr. Sims, that the board adopt the “Contract of Employment for Administrative or Promotional Appointment” as presented. Motion carried unanimously. On the recommendation of Business Manager Richie Garrett, Susan Spence moved, seconded by A. R. Sims, that the Board grant permission to raise the Board’s valuation of assets from $1,000 to $5,000 as recommended by the State Department. Mr. Garrett explained that this means that any assets that are valued below $1,000 will not be included on the financial statements. Motion carried unanimously. Special Projects/Safety Coordinator Kenneth Slusher gave a construction/renovation update to the Board. He stated that renovations at Drew, Riser and West Monroe High School were on schedule, but West Ridge Middle School was a little behind due to trouble with lockers but has been worked out. The “old” gym at West Monroe High School looks great and thinks it ranks as one of the best in the state as its renovations are completed. Special Projects/Safety Coordinator Kenneth Slusher reported that the low bid received on the east side school bathroom renovations was $700,000 over the $900,000 budget even after adjusting the plans. Following discussion, Carey Walker moved, seconded by Susan Spence, that the Board take the east side bathroom project [Bid No. 21-09] under advisement. Motion carried unanimously. On the recommendation of Business Manager Richie Garrett, A. R. Sims moved, seconded by Jerry Hicks, that the Board grant permission to bid the following items: (1) Musical Instruments (Parish Wide)[Bid No. 26-09]; (2) Track & Batting Cage Equipment (Parish Wide) [Bid No. 27-09]. Motion carried unanimously. The following times were set for the September 9th Board meeting: Public Hearing on the Budget begins at 4:30 P.M. – Rolling Forward Taxes begins at 5:00 P.M. – Regular Board Meeting begins at 6:00 P.M. The Superintendent reported a smooth opening for schools, just the usual traffic problems occurred and, with the exception of some schools reporting increased enrollment, it was about the same as last year. There being no further business to be brought before the Board, Mr. Sims moved, seconded by Jerry Hicks, that the Board meeting adjourn. Motion carried unanimously. OUACHITA PARISH SCHOOL BOARD Jack W. White, President ATTEST: Robert Webber, Secretary /ps 9/18 _____________________________________________________________ Motion made by: Ron Hill Seconded by: Ladd Williams ORDINANCE NO. 2008-07 (TAX) AN ORDINANCE OF THE TOWN OF STERLINGTON, PARISH OF OUACHITA CREATING THE STERLINGTON (HIGHWAY 165 NORTH) ECONOMIC DEVELOPMENT AREA WITHIN THE TOWN OF STERLINGTON, PARISH OF OUACHITA, STATE OF LOUISIANA, AND FURTHER DESCRIBING THE BOUNDARIES THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS, ALL IN COMPLIANCE WITH THE PROVISIONS OF CHAPTER 27, TITLE 33 OF THE LOUISIANA REVISED STATUTES OF 1950, AS AMENDED, LA. R.S. 33:9021, ET SEQ. BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Sterlington, Parish of Ouachita, State of Louisiana (the “Governing Authority”), that: WHEREAS, in accordance with the provisions of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950, as amended, specifically La. R.S. 33:9021, et. seq. (the “Act”), the Governing Authority hereby declares a need to establish and create an “Economic Development Area” within the Town of Sterlington, Parish of Ouachita, State of Louisiana; and WHEREAS, pursuant to the requirements of Section 9023 of the Act, an application (the “Petition”) has been submitted to this Governing Authority containing the information required by the aforesaid statute and requesting that this Governing Authority (i) hold a public hearing as required by Section 9023E of the Act to consider the creation and establishment of the Sterlington (Highway 165 North) Economic Development Area (the “Area”), and (ii) adopt an ordinance as required by the aforesaid statute creating and establishing the aforesaid District; and WHEREAS, in accordance with the requirements of Section 9023E of the Act, this Governing Authority issued and published a Notice of Public Hearing (the “Notice”) in The News Star, a newspaper of general circulation in, and the official journal of, the Parish of Ouachita which was published on August 21, 2008, to notify the citizens and property owners within the Area of the Town of Sterlington, Parish of Ouachita, State of Louisiana of the Petition to create and establish the Area, a complete copy of which is attached hereto as Exhibit A; and WHEREAS, pursuant to the Notice and in compliance with the requirements of the Act, the public hearing to consider the creation and establishment of the Area was duly convened and held by this Governing Authority on September 9, 2008, at which time the information concerning the proposed Area, together with comments, questions and/or objections related thereto, was presented and considered by this Governing Authority, all in accordance with the requirements of Section 9023E of the Act; and WHEREAS, based on the information contained in the Petition, as well as the record of the Public Hearing and such other factors which are deemed relevant, this Governing Authority hereby finds and determines that the requirements of the Act have been satisfied and that the Petition requesting creation and establishment of the Area is hereby approved and authorized. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Governing Authority, that: SECTION 1. All of the aforedescribed “Whereas” clauses are adopted as part of this Ordinance. SECTION 2. Creation of the Area; Boundaries. In accordance with the provisions of the Act, the Petition is hereby accepted and approved, and there is hereby declared a need to create and establish the Area within the Town of Sterlington, Parish of Ouachita, State of Louisiana, which Area shall comprise and include all of the property situated within the geographic boundaries as shown on Exhibit A attached hereto and made a part hereof. SECTION 3. Name, Status and Powers. The aforesaid Area shall be known and designated as the STERLINGTON (HIGHWAY 165 NORTH) ECONOMIC DEVELOPMENT AREA, and the Town shall have all the powers granted by the Constitution and the Act with respect to economic development activities within or about the Area. SECTION 4. Direct Participation by Town. Pursuant to the provisions of La. R.S. 9034.3, the Board of Aldermen of the Town shall serve as the governing authority of the Area and the Board of Aldermen shall, without the necessity of creating an economic development corporation, have all the authority and power necessary in order to carry out and effectuate the purposes of the Act or take such action for which an economic development corporation would otherwise be authorized under the Act. SECTION 5. Sales Tax Increment Financing. In accordance with Section 9033 of the Act, the Town may from time to time issue revenue bonds payable solely from an irrevocable pledge and dedication of up to the full amount (100%) of sales tax increments available therefor, to finance or refinance an economic development project or any part thereof or development projects within or about the Area as specified in Section 9035 of the Act. SECTION 6. Economic Development Plan. The proposed economic development plan with respect to the Area attached to the Petition as Exhibit B hereof is hereby adopted and approved as the economic development plan of the Area. The Town shall develop proposals on its own for projects to achieve the goals and objectives stated in the economic development plan; provided however, that it may, from time to time issue request for proposals from other public or private association, corporations, or individual for economic development projects within or about the Area, including entering into Cooperative Endeavor Agreements with such persons or entities to accomplish economic development projects. SECTION 7. Publication. A copy of this Ordinance shall be published in The Ouachita Citizen, the official journal of the Town of Sterlington, Parish of Ouachita, State of Louisiana, as provided for by law. SECTION 8. All ordinances or resolutions, or parts thereof, in conflict herewith are hereby repealed. SECTION 9. This Ordinance shall become effective upon signature of the Mayor. The Ordinance having been submitted to a vote, the vote hereon was as follows: YEAS: 5 NAYS: 0 ABSTAIN:0 ABSENT:0 THUS DONE, adopted and signed on this the 9th day of September, 2008. Vern Breland, Mayor ATTEST: Marilyn Dilmore, Clerk STATE OF LOUISIANA PARISH OF OUACHITA I, the undersigned Clerk of the Town of Sterlington, Parish of Ouachita, State of Louisiana, do hereby certify that the foregoing three (3) pages constitute a true and correct copy of an ordinance enacted by the Mayor and Board of Aldermen of said Town on September 9, 2008 creating the Sterlington (Highway 165 North) Economic Development Area within the Town of Sterlington, Parish of Ouachita, State of Louisiana, and further describing the boundaries thereof, and providing for certain other related matters, all in compliance with the provisions of Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended, La. R.S. 33:9021, et seq. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said Town of Sterlington, Parish of Ouachita, Louisiana, on this, the 9th day of September, 2008. Marilyn Dilmore, Clerk EXHIBIT A PETITION TO CREATE AND ESTABLISH THE AREA EXHIBIT B STERLINGTON (HWY 165 NORTH) ECONOMIC DEVELOPMENT AREA ECONOMIC DEVELOPMENT PLAN 1. Introduction. The Town of Sterlington, Louisiana (the “Town”) is a rural community in northern Ouachita Parish, Louisiana with a population of 1,276 (2000 Census). The Town’s primary employer is Angus Chemical which is located near the center of the Town, on State Highway 2. A large portion of the Town’s jurisdictional limit includes the Highway U.S. 165 North corridor, a largely undeveloped area which serves as a corridor for vehicular and commercial traffic traveling through Arkansas, Morehouse Parish and Ouachita Parish. Highway 165 North connects to Interstate 20 approximately 12 miles south of Sterlington. Although heavily traveled, the Sterlington (Hwy 165 North) Corridor is largely undeveloped. 2. Opportunities to Develop 165 Corridor. Within the past several years, a number of opportunities have arisen to develop the Highway 165 North corridor in Sterlington. These opportunities include the recent construction of a new Junior/Senior High School at the southern edge of the corridor and the continued development of several residential subdivisions near this corridor. Although not within the jurisdictional limits of the Town, residents of these subdivisions must travel the corridor to ingress and egress these subdivisions, and travel substantial distance to obtain basic goods and services. To take advantage of this development, together with the large amount of traffic now traveling through this corridor, the Town of Sterlington has focused its economic development efforts in this area. 3. Overall Policy and Plan of Action. A.Mission Statement. The Mission Statement formulated for this economic development effort is as follows: The mission of the Town of Sterlington with respect to development of the Highway 165 North Corridor is to (i) actively support the development and expansion of existing businesses, and to proactively recruit new business opportunities to provide sustainable job opportunities and revenue generating uses that diversify and expand the Town’s economic base; (ii) offer a variety of products and services not currently available to the citizens of the Town and residents of nearby subdivisions; (iii) increase employment opportunities; and (iv) alleviate the conditions of economic distress affecting the Town. B.Implementation Policy. The Town believes that an opportunity exists to leverage initial developments surrounding the new Sterlington Junior/Senior High School and increased traffic along the Highway 165 North Corridor. The location of the corridor, as well as the undeveloped land surrounding it, provides ample opportunity for the establishment of retail businesses that may wish to access the traffic flowing through this corridor and provide goods and services (for example, grocery stores, pharmacies, etc.) that are currently unavailable to citizens of the Town and residents of nearby subdivisions who must travel a substantial distance to obtain such goods and services. The undeveloped and rural nature of this corridor and access to major thoroughfares (e.g., I-20) also provides an excellent opportunity for light industrial and manufacturing facilities. To attract and retain these business opportunities, and to achieve the overall purpose of increasing the aggregate income of the community, enabling income to be distributed to low and moderate income persons, and creating greater job diversity (including opportunities for the Town’s unskilled work force) the Town desires to implement this Economic Development Plan within the corridor. C. Establishment of Economic Development Area. To provide a mechanism to fund infrastructure and other economic development projects necessary to implement this Economic Development Plan, it is in the best interest of the Town to establish and designate the area within the Highway 165 North Corridor shown on Exhibit A attached hereto as an “Economic Development Area” under the provisions of Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 33:9021, et. seq.). Not only does designation of this corridor as an Economic Development Area demonstrate to existing and potential businesses the Town’s commitment to cooperative economic development with businesses locating in this area, but also enables the Town to focus sales tax revenues (in the form of sales tax increments) generated as a result of such growth into additional infrastructure within or about the Economic Development Area. The use of sales tax increment financing will enable the Town to leverage initial growth into further expanded growth within such area. 4. Business Development. Designating the Highway 165 North Corridor as an Economic Development Area will enable the Town to support existing businesses and engage new businesses through a variety of economic development and marketing efforts. This specific objective will involve attracting retail, light industrial and manufacturing businesses to the area in order to diversify the Town’s economic base and provide additional employment opportunities and services for its citizens. Designation of the corridor as an Economic Development Area will further assist the Town in attracting major retail anchors (including outlet malls) to this corridor. In doing so, it is anticipated that the corridor will be an attraction for major demand generating anchors desiring to access the travel flow in the corridor. 5. Cooperative Endeavors. As permitted under the Act, the Town intends to engage in cooperative endeavor agreements with potential businesses locating within Economic Development Area. Such agreements will include infrastructure development and reimbursement agreements, pursuant to which a new or existing business may be reimbursed for certain public infrastructure improvements, funded by sales tax revenues generated by such business. 6. Conclusion. The Town believes that its best opportunity to attract new business opportunities to the Town, create job opportunities and services, and otherwise alleviate the conditions of economic distress effecting the citizens of the Town is accomplished by development of the Highway 165 North Corridor. To this end, the goals and overall policies of this Economic Development Plan will be implemented by designating the corridor as an Economic Development Area, and utilizing sales tax increment financing as permitted under the Act to finance public infrastructure improvements, and to attract new businesses to locate within or about the Economic Development Area. The ability to attract retail, light industrial and manufacturing business opportunities to the corridor and otherwise achieve the purposes outlined in this Economic Development Plan will also be enhanced by the ability of the Town to enter into cooperative endeavors with businesses desiring to locate within the area as promoted under the Act. 9/18 _____________________________________________________________ NOTICE This shall serve as notice that the Town Council of the Town of Sterlington, Louisiana, will meet in legal session on Tuesday, September 23, 2008, at 6:30 p.m. at the Town Hall to review the following application for de-annexation from the Town of Sterlington. Applicant: 5949 Horseshoe Lake Road Property: See description below: Situs: 5949 Horseshoe Lake Road 80 1.022 ACS IN SECS 30 & 31 T2ON R4E FROM SE CORNER OF 34.39 ACS TRACT CONVEYED IN COB 186-707, N30W 258.25 FT. N54E 331.14 FT, N54E 105 FT, N54E 345 FT, N54E 175 FT PT OF BEG N35W 462.37 FT, N75E ALONG WATERS EDGE 56.84 FT, N64E 47.9, S35E 433.16 FT, S54W 100 FT TO BEG. 9/18 _____________________________________________________________ RESOLUTION BE IT RESOLVED, that the following millage(s) are hereby levied on the 2008 tax roll on all property subject to taxation by the Town of Sterlington Mayor and Board of Aldermen: MILLAGE TOWN OF STERLINGTON GENERAL ALIMONY 9.150 MILLS BE IT FURTHER RESOLVED that the proper administrative officials of the Town of Sterlington, Parish of Ouachita, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Town for the year 2008, and to make the collection of the taxes imposed for and on behalf of the taxing authority, according to law, and that the taxes herein levied shall become a permanent lien and privilege on all property subject to taxation as herein set forth, and collection thereof shall be enforceable in the manner provided by law. The foregoing resolution was read in full, the roll was called on the adoption thereof, and the resolution was adopted by the following votes: YEAS: 5 NAYS: 0 ABSTAINED: 0 ABSENT: 0 CERTIFICATE I hereby certify that the foregoing is a true and exact copy of the resolution adopted at a regular Board of Aldermen meeting held on September 9, 2008, at which meeting a quorum was present and voting. Sterlington, Louisiana, this 15th day of September, 2008. Marilyn Dilmore, Town Clerk 9/18 _____________________________________________________________ RESOLUTION Be it resolved that the Town of Sterlington informs the Louisiana Department of Environmental Quality that the following actions were taken by Board of Aldermen. Resolved the Municipal Water Pollution Prevention Environmental Audit Report which is attached to this resolution. Set forth the following actions necessary to maintain permit requirements contained in the Louisiana Pollution Discharge Elimination System (LPDES) Permit, number LA0046809. Plans have been submitted to Facility and Planning on a new mechanical treatment plant. Once built it will lower the levels of effluent discharged into the Ouachita River. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen support this Resolution. This resolution adopted the 9th of September 2008. Vern A. Breland, Mayor, Town of Sterlington Attest: Marilyn Dilmore, Town Clerk 9/18 _____________________________________________________________ NOTICE MOTION MADE BY: Ladd Williams SECONDED BY: Bonnie Dilmore ORDINANCE NO. 2008-08 (SEW) AN ORDINANCE AMENDING ORDINANCE NO. 2007-05 (SEW), DUE TO THE RESIGNATION OF RONNY LOWERY WHO WAS APPOINTED AS ONE OF THE FIVE COMISSIONERS TO REPRESENT THE STERLINGTON CONSOLIDATED SEWER SYSTEM. BE IT ORDAINED THAT THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF STERLINGTON hereby confirms and approves the appointment of Carroll Andrepont “Kajun” as commissioners of the Sterlington Consolidated Sewer System. The foregoing ordinance having been duly introduced (Cliff Bullock, Ladd Williams) at a regular meeting on August 12, 2008, of the Mayor and Board of Alderman, Town of Sterlington and the notice of it having been published in the official journal, and the same having been read by title at the regular meeting of the Mayor and Board of Aldermen on September 9, 2008, and called for final passage and submitted to a final vote as a whole, the vote thereon being: AYES: 5 NAYS: 0 ABSENT: 0 And the ordinance was declared adopted on the 9th day of September, 2008, as Ordinance No. 2008-08 (SEW) of the Town of Sterlington. Vern A. Breland, Mayor Marilyn Dilmore, Town Clerk 9/18 _____________________________________________________________ RESOLUTION WHEREAS, the Town of Sterlington has submitted application for funding through the Delta Regional Authority for a new sewer treatment plant, and WHEREAS, the Town will commit $1,030,000 (One Million Thirty Thousand Dollars) in order to secure the funding through DRA, and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen support the commitment of Town funds. This resolution adopted at a regularly scheduled meeting on September 9, 2008. Vern A. Breland, Mayor Attest: Marilyn Dilmore, Town Clerk 9/18 _____________________________________________________________ TOWN OF STERLINGTON PUBLIC NOTICE This is notice that the Mayor and Town Council for the Town of Sterlington will discuss the possible adoption of the three (3) model ordinances as recommened by the Louisiana Municipal Association. These three ordinances will be on the agenda for the regularly scheduled Town Meeting on Tuesday, September 23, 2008, at 6:30 p.m. at the Sterlington Town Hall, 503 Highway 2, Sterlington, Louisiana. The proposed ordinances may be viewed at the Town Hall during regular operating business hours. Model Ordinance #1 - Requires a permit for use of municipal property for business operations in the Town of Sterlington; requiring the provision of certain information prior to issuance of such permit; and otherwise providing with respect thereto. Model Ordinance #2 - An ordinance setting the franchise fee to be paid by those entities providing cable or video service within the Town's municipal limits under a state - granted franchise authority and otherwise providing with respect thereto. Model Ordinance #3 - An ordinance requiring the payment of public, educational, governmental access programming support to the Town of STerlington by cable or video service providers operating within the Town's municipal limits under a state-issued certificate of franchise authority and otherwise providing with respect thereto. 9/18 _____________________________________________________________ NOTICE TO THE PUBLIC The City of West Monroe hereby requests bids on the following item: WEST MONROE CONVENTION CENTER MOBILE STAGE Bids are to be submitted to the City Clerk, Benny Chelette, at 2305 North 7th Street, West Monroe, Louisiana, 71291, no later than Tuesday, September 30, 2008, at 9:30 a.m. in the City Council Chambers. Bids are to be sealed and marked on the outside of the envelope the item being bid. Specifications can be obtained from Benny Chelette at 2305 North 7th Street, West Monroe, Louisiana. The City reserves the right to reject any and all bids. Benny Chelette City Clerk 9/11,9/18,9/25 _____________________________________________________________ PUBLIC NOTICE NOTICE is hereby given that the Heritage Preservation Commission of the City of West Monroe will meet in legal session on Monday, October 6, 2008, at 5:30 p.m. in the Council Chambers of West Monroe City Hall. APPLICATION NO: COA-08-70000003 APPLICANT: STARLIN J. FLEMING LOCATION: 212 SOUTH RIVERFRONT DRIVE LGL DSCRP: LOT IN BYNUM 5 ACRE TRACT WEST MONROE REQUEST: CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR PAINTING. The public is invited to attend this meeting. 9/18,9/25,10/2 _____________________________________________________________ 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 TWENTYFOUR 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: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 EXHIBIT "A" A certain tract or parcel of land situated Lot "G" of the Steele Madden Addition to the City of West Monroe, Louisiana, as shown on plat made by George Selman, in plat book 2, page 37, records of Ouachita Parish, Louisiana, and being more particularly described as follows: BEGIN at the intersection of the southeasterly right-of-way- line of Coleman Avenue with the northeasterly right-of-way line of South 8th Street; thence run northeasterly along the southeasterly right-of-way line of Coleman Avenue, a distance of 150.00 feet; thence, run in a southeasterly direction, parallel to the northeasterly right-of-way line of South 8th Street, a distance of 271.34 feet, to the northwesterly right-of-way line of Ludwig Avenue; thence, run in a southwesterly direction along the northwesterly right-of-way line of Ludwig Avenue, a distance of 150.00 feet, to the northeasterly right-of-way line of South 8th Street; thence, run in a northwesterly direction along the northeasterly right-of-way line of South 8th Street; thence, run in a northwesterly direction along the northeasterly right-of-way line of South 8th Street, a distance of 271.33 feet, back to the POINT OF BEGINNING, and being subjected to any rights-of-way, or servitudes whether in use or of record. LESS and EXCEPT the following tracts of land: 1. Three tracts sold to Florence Lee Bowers, as recorded in Conveyance Book 1099, Page 409, records of Ouachita Parish, Louisiana. 2. A tract sold to Ethel M. Jackson, as recorded in Conveyance Book 1980, Page 834, records of Ouachita Parish, Louisiana. CONTAINING a net acreage of 0.530 acres of land, more or less. 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3764 MOTION BY: Mr. Bennett SECONDED BY: Mrs. Pearson AN ORDINANCE TO CONTRACT THE CORPORATE LIMITS OF THE CITY OF WEST MONROE, LOUISIANA PURSUANT TO R. S. 33:171 ET SEQ., BY DE-ANNEXING TERRITORY CONSISTING OF 62.94 ACRES, MORE OR LESS, CONSISTING OF A TRACT LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 3 EAST, WEST MONROE, OUACHITA PARISH, LOUISIANA, AND WHICH TERRITORY IS OWNED BY PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS AND ANNE S. SANDERS, SAID TERRITORY BEING WITHIN THE EXISTING BOUNDARIES OF THE MUNICIPALITY; TO RETAIN ANY LAWS OR ORDINANCES NOT REPUGNANT HERETO AND NOT SPECIFICALLY REPEALED HEREIN; AND TO PROVIDE THAT IF ANY SUB-SECTION, ARTICLE, CLAUSE, SENTENCE PHRASE, OR PART, OR APPLICATION OF THIS ORDINANCE FOR ANY REASON SHOULD BE FOUND UNCONSTITUTIONAL OR INVALID, NO OTHER PARTS AND/OR APPLICATIONS THEREOF SHALL BE AFFECTED. WHEREAS, Louisiana Revised Statutes of 1950, Title 33, Section 171 et seq.,and particularly Section 176, provides for the procedure for contracting the boundaries and de-annexing territory from the corporate limits of a municipality; and, WHEREAS, by Ordinance Number 1646, adopted June 14, 1977, now codified in Sec. 1- 2002 and 1-2003 of the Code of Ordinances of the City of West Monroe, Louisiana, adopted by reference the provisions of R.S. 33:171 et seq., as amended from time to time by the Louisiana Legislature, in addition to vesting certain authority pertaining thereto in the Planning Commission of the City of West Monroe, Louisiana; and, WHEREAS, there has been compliance with the procedure required by R.S. 33:171 et seq., and particularly Section 176, and with Ordinance Number 1646 of the City of West Monroe, including but not limited to the following: (a) Original Petitions (see Attachment "1") have been presented to the Mayor and Board of Aldermen of the City of West Monroe, Louisiana by PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS, requesting that property owned by petitioners and located in the Northeast Quarter of Section 31, Township 18 North, Range 3 East, West Monroe, Ouachita Parish, Louisiana, West Monroe, Louisiana, said property being within the existing boundaries of the City of West Monroe, Louisiana, and have further presented that updated Petition (see attachment “1 a”) to the Mayor and Board of Aldermen of the City of West Monroe, Louisiana by PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS, encompassing a slightly reduced portion of that property owned by Petitioners, and similarly located in the Northeast Quarter of Section 31, Township 18 North, Range 3 East, West Monroe, Ouachita Parish, Louisiana, West Monroe, Louisiana, said property also being within the existing borders of City of West Monroe, Louisiana, which property also consists of acreage owned by PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS, that property which is the subject of that updated Petition attached as Exhibit 1a and more particularly shown by vicinity map attached hereto as Attachment "2" and more particularly described in Attachment "3" hereto be de-annexed from the corporate limits of the City of West Monroe, Louisiana; b) A certificate of the Ouachita Parish Assessor is attached hereto as Attachment "4" certifying that according to assessment for property taxes for 2008 the property described in Attachment "3" is owned by both a majority of the number of property owners and the owners of more than a majority in value of that property, and the total property tax assessment for parish taxes for 2008 is in the amount of ONE THOUSAND SIX HUNDRED ONE AND NO/100 ($1,601.00) DOLLARS, of which the amount of ONE THOUSAND SIX HUNDRED ONE AND NO/100 ($1,601.00) DOLLARS represents the value of property owned by the persons signing the petition for annexation; c) A certificate of the Ouachita Parish Registrar of Voters is attached hereto as Attachment "5" certifying that according to the records of the Registrar of Voters there are no registered voters residing within the territory described in Attachment "3"; d) Proof of publication of the filing of the petition, as required by R.S.m33:172B, and of a public hearing by the West Monroe Planning Commission concerning that petition of PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS for de-annexation is attached hereto as Attachment "6"; e) Pursuant to notice as evidenced by Attachment "6", the West Monroe Planning Commission on the 21 day of July, 2008, held a public st hearing regarding said petition for de-annexation by PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS resulting in the recommendation to the West Monroe Board of Aldermen that the property described in Attachment "3" be de-annexed and the corporate limits of the City of West Monroe, Louisiana be accordingly contracted; f) Pursuant to that notice required by law, the West Monroe Board of Aldermen on the 9 day of September, 2008, held a public hearing th regarding said petition for de-annexation by PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS and the contraction of the corporate limits of the City of West Monroe, Louisiana. WHEREAS, following said hearing by the Mayor and Board of Aldermen and after careful consideration of all recommendations, comments, and objects made at said hearing, the Mayor and West Monroe Board of Aldermen declare that it is in the best interest of the City of West Monroe to de-annex the property described in Attachment "3"and to accordingly contract the corporate limits of the City of West Monroe. 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 property owned by PARKWOOD DEVELOPMENT CORPORATION, JERRY H. SANDERS and ANNE S. SANDERS and located within the existing boundaries of the corporate limits and located in the vicinity as shown by the map attached hereto as Attachment "2" and more particularly described in Attachment "3", be de-annexed from the corporate limits of the City of West Monroe, Louisiana, and the boundary of the corporate limits of the City of West Monroe, Louisiana, be contracted accordingly. 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 the Mayor of the City of West Monroe, Louisiana, or his designee, be and they shall hereby be authorized to take all further actions and execute all further documents, resolutions and/or certifications as are required under R.S. 33:171, et seq., or other applicable law, as are necessary, proper or desirable, particularly including but not limited to the filing of the entire boundary of the municipality as changed in order that the de-annexation of property set forth above be reflected at the earliest possible date. SECTION 3. 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 all Ordinances or parts of Ordinances in conflict herewith hereby are repealed, but this repeal shall be only insofar as such Ordinances conflict and/or are inconsistent with this Ordinance; and all Ordinances or parts of Ordinances not inconsistent herewith shall continue in full force and effect. SECTION 4. 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 the articles, paragraphs, sentences, clauses, and phrases of this Ordinances are deemed to be severable, and if any article, paragraph, sentence, clause, or phrase of this Ordinance shall be declared to be unconstitutional and/or invalid, such unconstitutionality and/or invalidity shall not affect any of the remaining articles, sentences, paragraphs, clauses or phrases which can be given effect without the unconstitutional and/or invalid provision(s). The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, passed and adopted this 9th of September, 2008, with the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3765 MOTION BY: Mr. Yeager SECONDED BY: Mrs. Pearson AN ORDINANCE 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 AMEND THAT ZONING MAP AS IT PERTAINS TO PROPERTIES LOCATED AT 721 COLEMAN AVENUE, 722 LUDWIG AVENUE AND 724 LUDWIG AVENUE, AS MORE PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT “A”, PURSUANT TO THE APPLICATION OF THE CITY OF WEST MONROE (HABITAT FOR HUMANITY), SO AS TO RE-ZONE SAID PROPERTY FROM A B-3 (GENERAL BUSINESS) DISTRICT TO A R-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT, TO AUTHORIZE AND DIRECT THE CITY ENGINEER OF THE CITY OF WEST MONROE, LOUISIANA, OR OTHER PERSON ACTING IN LIEU THEREOF AT THE DESIGNATION OF THE MAYOR TO DO AND PERFORM ANY AND ALL THINGS NECESSARY TO CARRY OUT THE FOREGOING AND PARTICULARLY TO NOTE THE AMENDMENTS ON THE ZONING MAP OF THE CITY OF WEST MONROE AS HEREIN ENACTED; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the City of West Monroe, Louisiana, has adopted a Zoning Ordinance (Ordinance No. 1501, as amended) now codified as Section 12-5001 et seq. of the Code of Ordinances, City of West Monroe, Louisiana; and, WHEREAS, the West Monroe Municipal Planning Commission, acting as the municipal zoning commission for the City of West Monroe, Louisiana, has held a public hearing pursuant to written application and notice in accordance with law, and has made a recommendation to the Board of Aldermen of the City of West Monroe; and, WHEREAS, the Mayor and Board of Aldermen of the City of West Monroe have held a public hearing and given public notice to the extent required by law. 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 Zoning Ordinance No. 1501, as amended, and as codified in Sections 12-5001 et seq. of the Code of Ordinances, City of West Monroe, Louisiana, particularly the Zoning Map of the City of West Monroe, Louisiana, 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, be further amended and re-enacted to re-zone properties located at 721 Coleman Avenue, 722 Ludwig Avenue and 724 Ludwig Avenue, more particularly described on the attached Exhibit "A", from a B-3 (General Business) District to a R-1 (Single Family Residential) District, pursuant to the application of the City of West Monroe (Habitat For Humanity). 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 the City Engineer of the City of West Monroe, Louisiana, or any person in lieu thereof to be designated by the Mayor, be and he is hereby authorized and directed to do and perform any and all things necessary to carry out the foregoing change, and particularly to note said change on the Zoning Map as herein re-enacted. SECTION 3. 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 this Ordinance and its provisions are to be construed to be severable in regards to any of its provisions, portions or parts, and that in the event any part or portion or provision of this Ordinance should be held invalid, then in such event, such invalidity shall not affect any other provisions, portions, or parts which can be given effect without the invalid provision, and this Ordinance hereby is declared severable. The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, passed and adopted this 9th day of September, 2008, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3766 MOTION BY: Mr. Yeager SECONDED BY: Mrs. Pearson AN ORDINANCE 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 AMEND THAT ZONING MAP AS IT PERTAINS TO PROPERTY LOCATED AT 110 OZONE STREET, AS MORE PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT “A”, PURSUANT TO THE APPLICATION OF PHILLIS TUCKER MAYO AND REGINALD JAY MAYO, SO AS TO RE-ZONE SAID PROPERTY FROM A R-1 (ONE FAMILY RESIDENTIAL) DISTRICT TO A B-1 (TRANSITIONAL BUSINESS) DISTRICT, TO AUTHORIZE AND DIRECT THE CITY ENGINEER OF THE CITY OF WEST MONROE, LOUISIANA, OR OTHER PERSON ACTING IN LIEU THEREOF AT THE DESIGNATION OF THE MAYOR TO DO AND PERFORM ANY AND ALL THINGS NECESSARY TO CARRY OUT THE FOREGOING AND PARTICULARLY TO NOTE THE AMENDMENTS ON THE ZONING MAP OF THE CITY OF WEST MONROE AS HEREIN ENACTED; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. WHEREAS, the City of West Monroe, Louisiana, has adopted a Zoning Ordinance (Ordinance No. 1501, as amended) now codified as Section 12-5001 et seq. of the Code of Ordinances, City of West Monroe, Louisiana; and, WHEREAS, the West Monroe Municipal Planning Commission, acting as the municipal zoning commission for the City of West Monroe, Louisiana, has held a public hearing pursuant to written application and notice in accordance with law, and has made a recommendation to the Board of Aldermen of the City of West Monroe; and, WHEREAS, the Mayor and Board of Aldermen of the City of West Monroe have held a public hearing and given public notice to the extent required by law. 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 Zoning Ordinance No. 1501, as amended, and as codified in Sections 12-5001 et seq. of the Code of Ordinances, City of West Monroe, Louisiana, particularly the Zoning Map of the City of West Monroe, Louisiana, 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, be further amended and re-enacted to re-zone property ocated at 110 Ozone Street, more particularly described on the attached Exhibit "A", from a R-1 (One Family Residential) District to a B-1 (Transitional Business) District, pursuant to the application of Phillis Tucker Mayo and Reginald Jay Mayo. 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 the City Engineer of the City of West Monroe, Louisiana, or any person in lieu thereof to be designated by the Mayor, be and he is hereby authorized and directed to do and perform any and all things necessary to carry out the foregoing change, and particularly to note said change on the Zoning Map as herein re-enacted. SECTION 3. 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 this Ordinance and its provisions are to be construed to be severable in regards to any of its provisions, portions or parts, and that in the event any part or portion or provision of this Ordinance should be held invalid, then in such event, such invalidity shall not affect any other provisions, portions, or parts which can be given effect without the invalid provision, and this Ordinance hereby is declared severable. The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, passed and adopted this 9th day of September, 2008, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3767 MOTION BY: Mrs. Pearson SECONDED BY: Mr. Brian AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF WEST MONROE, LOUISIANA ON BEHALF OF THE CITY OF WEST MONROE, LOUISIANA, TO EXECUTE THAT AGREEMENT WITH THE STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT RELATING TO STATE PROJECT NO. 324-02-0008, FEDERAL AID PROJECT NO. STP-3704 (507) ARKANSAS ROAD (WEST MONROE) (CALDWELL ROAD - LA 143) ROUTE LA 616 OUACHITA PARISH, AND OTHERWISE PROVIDING WITH RESPECT THERETO. 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 Dave Norris, Mayor of the City of West Monroe, Louisiana be and he is hereby authorized to execute that Agreement with the State of Louisiana Department of Transportation and Development relating to State Project No. 324-02- 0008, Federal Aid Project No. STP-3704 (507) Arkansas Road (West Monroe) (Caldwell Parish - LA 143) Ouachita Parish, a copy of which Agreement is attached hereto as Exhibit "A" and made a part hereof. 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 take any action, including the amendment of this Agreement in any manner more beneficial to the City of West Monroe, or execute any further documents he deems either necessary or proper to effectuate and carry out the provisions of the foregoing City/State Agreement. The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, passed and adopted this 9th day of September, 2008, the final vote being as follows: The above resolution was read and considered by sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened on the 9th day of September, 2008, voted on by yea and nay vote, passed and adopted, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3768 MOTION BY: Mr. Bennett SECONDED BY: Mrs. Pearson AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH THE MONROE - WEST MONROE CONVENTION AND VISITORS BUREAU FOR A DOWNTOWN HOLIDAY MARKETING PROMOTION/PROJECT TO BE REFERRED TO AS “CHRISTMAS ON THE ALLEY”, AND OTHERWISE PROVIDING WITH RESPECT THERETO: 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 Dave Norris, Mayor of the City of West Monroe, is hereby authorized to enter into a Cooperative Endeavor Agreement with the Monroe - West Monroe Convention and Visitors Bureau for a downtown holiday marketing promotion/project to be referred to as “Christmas on the Alley”, such Cooperative Endeavor Agreement to encompass the purposes, the general terms and conditions as set forth on the attached Exhibit “A”. 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 enter into a definitive Cooperative Endeavor Agreement with the Monroe-West Monroe Convention and Visitor’s Bureau encompassing those purposes, general terms and conditions, and is hereby further authorized to take any action or execute any further documents he deems either necessary or proper to carry out the provisions of the foregoing, including the negotiation of any further matters supplemental or ancillary to that agreement which may arise as the promotion/project is ongoing, including the specific authority to come to agreement on the allocation of the costs of the installation of electrical power/wiring (main power/store power) and the payment of the ongoing costs of providing that power). The above resolution was read and considered by sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened on the 9th day of September, 2008, voted on by yea and nay vote, passed and adopted, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3769 MOTION BY: Mr. Bennett SECONDED BY: Mrs. Pearson AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF WEST MONROE, LOUISIANA ON BEHALF OF THE CITY OF WEST MONROE, LOUISIANA, TO EXECUTE THAT SUPPLEMENTAL AGREEMENT NO. 1 RELATING TO STATE PROJECT NOS. 315-01-0008, 315-02-0041, AND 744-37- 0012 AND FEDERAL PROJECT NO. ENH- 3702(507), N. 7TH STREET SIDEWALKS - WEST MONROE, OUACHITA PARISH, AND OTHERWISE PROVIDING WITH RESPECT THERETO. 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 Dave Norris, Mayor of the City of West Monroe, Louisiana, be and he is hereby authorized to execute on behalf of the City of West Monroe, Louisiana, that Supplemental Agreement No. 1 relating to State Project Nos. 315-01-0008, 315-02-0041, and 744-37-0012, and Federal Project No. ENH- 3702 (507), N. 7th Street Sidewalks - West Monroe, Ouachita Parish, Louisiana, a copy of which Agreement is attached hereto as Exhibit "A". 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 take any and all further action and to execute any and all further documents he deems either necessary or proper to effectuate and carry out the provisions of the foregoing. The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, passed and adopted this 9th day of September, 2008, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE ORDINANCE NO. 3770 MOTION BY: Mrs. Pearson SECONDED BY: Mr. Brian AN ORDINANCE AMENDING SECTION 4-1020 OF THE CODE OF ORDINANCES, CITY OF WEST MONROE, LOUISIANA, TO CLARIFY THE DEFINITION OF “VIOLATOR” IN SUBSECTION (2)(a); TO ADD POSSESSION OF A LEGEND DRUG, A VIOLATION OF R.S. 40:1238.1, AS AN ADDITIONAL CLASS A VIOLATION IN SUBSECTION (3); TO ADD OPERATING A VEHICLE WHILE INTOXICATED AND UNDERAGE DRIVING UNDER THE INFLUENCE AS ADDITIONAL CLASS B VIOLATIONS IN SUBSECTION (4); TO PROVIDE FOR AN EFFECTIVE DATE; AND OTHERWISE PROVIDING WITH RESPECT THERETO. 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 Section 4-1020 of the Code of Ordinances, City of West Monroe, Louisiana, is hereby amended, to read as follows: “Section 4-1020. Definitions. *** (2) Violator means: a. A natural person who is an occupant, whether adult or juvenile, of a “nuisance residence” and who is arrested for a Class A violation or a Class B violation, either of which occurs on or within two thousand six hundred forty (2,640) feet of the “nuisance residence”; or *** SECTION 2. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Subsection (3) of Section 4-1020 of the Code of Ordinances, City of West Monroe, Louisiana, is hereby amended, to add the following offences inserted in the appropriate alphabetical order, to-wit: “Section 4-1020. Definitions. *** (3) Class A Violation: A violation which is more serious in nature and poses a greater threat to the community and to the law enforcement officers who serve the City of West Monroe than a Class B Violation. An arrest for the following offenses* within the municipal limits of the City of West Monroe shall constitute a Class A violation: *** Drug - possession of a legend drug, as defined in R.S. 40:1238.1 *** SECTION 3. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Subsection (3) of Section 4-1020 of the Code of Ordinances, City of West Monroe, Louisiana, is hereby amended to add the following offences, inserted in the appropriate alphabetical order, to-wit: “Section 4-1020. Definitions. *** (4) Class B Violation: A violation which, while criminal, is less serious than a Class A Violation. An arrest for the following offenses** within the municipal limits of the City of West Monroe shall constitute a Class B violation: *** Operating a Vehicle While Intoxicated. R.S 14:98, Sec. 11-4027 *** Underage Driving Under the Influence. R.S. 14:98.1, Sec. 11-4027.1 ***” SECTION 4. 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 this Ordinance and its provisions are to be construed to be severable in regards to any of its provisions, portions or parts, and that in the event any part or portion or provision of this Ordinance should be held invalid, then in such event, such invalidity shall not affect any other provisions, portions, or parts which can be given effect without the invalid provision, and this Ordinance and the provisions of the Section above are hereby declared severable. SECTION 5. 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 for cause determined to be in the best interests of the City of West Monroe and its citizens, this amendment shall be effective on and after September 10, 2008. The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea or nay vote, passed and adopted the 9th day of September, 2008, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ STATE OF LOUISIANA CITY OF WEST MONROE RESOLUTION NO. 582 MOTION BY: Mrs. Pearson SECONDED BY: Mr. Brian A RESOLUTION AUTHORIZING THE RE-APPOINTMENTS OF JO ANN GASTON AND DEBS LAIRD TO THE CITY OF WEST MONROE HISTORIC PRESERVATION COMMISSION, AND FURTHER PROVIDING RESPECT THERETO. BE IT RESOLVED by the Mayor and the Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the following re-appointments to the City of West Monroe Historic Preservation Commission by the Mayor for the terms shown are hereby authorized and approved: APPOINTMENT FOR TERM EXPIRING Jo Ann Gaston October 1, 2012 Debs Laird October 1, 2012 The above resolution was read and considered by sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened on the 9th day of September, 2008, voted on by yea and nay vote, passed and adopted, the final vote being as follows: YEA: Yeager, Bennett, Pearson, Brian NAY: None NOT VOTING: None ABSENT: Ragland 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 9/18 _____________________________________________________________ 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, September 8, 2008 (Regular Meeting). Members Present: Fred Hall, Ralph Owens, Don Leach Members Absent: None Others Present: Jerry Lazenby-Lazenby & Associates, Inc., Terry Cox-District Manager Commissioner Hall called the meeting to order promptly at 11:00 A.M. The only item on the agenda was monthly cash disbursements. Mr. Cox presented the disbursements to all present and a brief discussion followed. Commissioner Leach made a motion to accept the disbursements as reasonable and necessary and Commissioner Owens seconded the motion. No further business being presented the meeting adjourned at 11:35 P.M. Respectfully Submitted Fran Bradley, Secretary Attest: Fred Hall, President 9/18 _____________________________________________________________ NOTICE The Ouachita Parish Police Jury will conduct a public hearing on October 6, 2008 at 5:30 p.m. in the Police Jury Meeting Room at the Ouachita Parish Courthouse. The purpose of the first public hearing will be to receive comments on Ordinance No. 8902 - Authorizing the Lease of Vacant Land Along the Eastern Boundary of the Ouachita Parish Fire Department Training Center to Shaw Process Fabricators, Inc. The purpose of the second public hearing will be to receive comments on Ordinance No. 8903 - Revoking that Portion of Arthur Griffin Road that extends south of a point being 804 feet north of the south line of the NE/4 of the SE/4 of Sec. 11 T16N R1E of Ouachita Parish. All persons who wish to comment, protest, or object to any portion of the above mentioned ordinances are urged to attend this meeting. 9/18,9/25 _____________________________________________________________ LARRY SMITH CONTRACTORS Larry Smith Contractors is looking for MBE and WBE participation in Wastewater System Improvement Project Basin MR-13 Rehabilitation for the City of Monroe Louisiana which we are biding. The Project is closing on October 2, 2008. We are seeking supplier’s (Gravel, Concrete, Asphalt and PVC Pipe) and subcontractors (Line Cleaning and Video, CIPP, Fencing, Landscaping, Paving and Concrete Restoration) to participate in the completion of this project. We will also assist with establishing any line of credit if required. Plans and specifications can be reviewed at Camp Dresser & McKee 6120 Perkins Road, Suite 200 Baton Rouge, LA 70808 Phone 225-757-7200 Or Larry Smith Contractors C/O Midsouth Trenching Inc. 136 Hollywood Drive Dalton GA 30721 Phone 706-529-9750 Fax 706-529-9754 E-Mail mst@midsouthtrenchless.com 9/18,9/25 _____________________________________________________________ LARRY SMITH CONTRACTORS Larry Smith Contractors is looking for MBE and WBE participation in Wastewater System Improvement Project Basin MR-16 Rehabilitation Phase II for the City of Monroe Louisiana which we are biding. The Project is closing on October 2, 2008. We are seeking supplier’s (Gravel, Concrete, Asphalt and PVC Pipe) and subcontractors (Line Cleaning and Video, CIPP, Fencing, Landscaping, Paving and Concrete Restoration) to participate in the completion of this project. We will also assist with establishing any line of credit if required. Plans and specifications can be reviewed at Camp Dresser & McKee 6120 Perkins Road, Suite 200 Baton Rouge, LA 70808 Phone 225-757-7200 Or Larry Smith Contractors C/O Midsouth Trenching Inc. 136 Hollywood Drive Dalton GA 30721 Phone 706-529-9750 Fax 706-529-9754 E-Mail mst@midsouthtrenchless.com 9/18,9/25 _____________________________________________________________ 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, October 7, 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, Tuesday, October 7, 2008, and submitted to the Ouachita Parish Police Jury at its next scheduled meeting, for the purpose of furnishing the following: (ONE) MULTIPURPOSE EXCAVATOR 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 9/18,9/25 _____________________________________________________________ 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, October 14, 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, Tuesday, October 14, 2008, and submitted to Ouachita Parish Police Jury at its next scheduled meeting, for the purpose of furnishing the following: RE-ROOFING OF VARIOUS LIBRARY BUILDINGS FOR THE OUACHITA PARISH POLICE JURY The project primarily consists of new built-up roofing and roof repairs to various buildings. A mandatory pre-bid conference for interested Contractors will be held at 10:00 AM on Friday, October 3, 2008 at the Carver Branch located at 2941 Renwick Street, Monroe, Louisiana. Proposals shall only be accepted from Bidders who attend this meeting. 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: HERBERT LAND ARCHITECT INC PH: 318-322 -2694 1900 Stubbs Avenue, Suite A FAX: 318 - 322 - 2695 Monroe, Louisiana 71201-5752 Bill@LandAIA.com All bids must be accompanied by bid security equal to five percent (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier's check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this State. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable. The Successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State and who is residing in this State, in an amount equal to 100% of the contract amount. Only Contractors licensed according to Contractor's Licensing Law, R.S. 37:2151-2163, shall be considered if his bid is greater than $50,000.00 and shall show his license number on exterior of Bid Envelope and above his signature or the signature of his duly authorized representative. No bid may be withdrawn for a period of forty-five (45) days after receipt of bids per Louisiana Revised Statue 38:2215(A). THE OUACHITA PARISH POLICE JURY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. OUACHITA PARISH POLICE JURY 9/18,9/25,10/2 ___________________________________________________________________ UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION CIVIL ACTION NO. 08-1160 MAG. JUDGE HAYES JUDGE JAMES 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, 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; 1.74 ACRES OF LAND, MORE OR LESS, IN BOSSIER PARISH, LOUISIANA; 4.97 ACRES OF LAND, MORE OR LESS, IN CADDO PARISH, LOUISIANA; 4.46 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 0.84 ACRES OF LAND, MORE OR LESS, IN RICHLAND PARISH, LOUISIANA; 8.54 ACRES OF LAND, MORE OR LESS, IN MADISON PARISH, LOUISIANA; 7.05 ACRES OF LAND, MORE OR LESS, IN CLAIBORNE PARISH, LOUISIANA; 2.33 ACRES OF LAND, MORE OR LESS, IN OUACHITA PARISH, LOUISIANA; ET AL., Defendants. FRCP RULE 71.1 (d) NOTICE OF COMMENCEMENT OF CONDEMNATION ACTION To: 2.33 Acres of Land, More or Less, in Ouachita Parish, Louisiana: Bayou Drilling Fluids, Inc. Any Unknown Owners and Other Interested Parties PLEASE TAKE NOTICE that on September 15, 2008, a Third Amended Complaint for Condemnation of Pipeline Right-of-Way Servitude (the “Third Amended Complaint”) 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 5.004 acres, more or less situated in Section 34 Township 20 North, Range 4 East, Ouachita Parish, Louisiana, more fully described in a Cash Deed from Trey Jay, Inc., A Louisiana Corporation to Bayou Drilling Fluids, Inc., A Louisiana Corporation, recorded in Book 1826 Page 826 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 Appendix-Part 4 to the Third Amended 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 Appendix-Part 4 to the Third Amended 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 on October 8, 2008, at 10:00 a.m. BY ORDER dated August 11, 2008, the Court granted MEP’s motion for leave of court to deposit funds into the Court’s registry. The Court has also set the hearing on MEP’s Second Motion to Confirm Right to Condemn and For Immediate Possession for October 8, 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: September 15, 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 15th day of September, 2008. /s/Adam B. Zuckerman 9/28,9/25,10/2 _____________________________________________________________ NOTICE I, Abdelhakim Ladraa, DOC# 539964, DOB: 06/12/1977, currently residing in Williams County,Texas have applied for clemency for my conviction of Domestic Abuse Battery, which occurred 04/10/2007 in Ouachita parish, Louisiana, if you have any comments or wish to communicate with the Board of Pardons, please call (225)342-5421. 9/11,9/18,9/25 _____________________________________________________________ NOTICE TO BIDDERS The Monroe-West Monroe Convention & Visitors Bureau is accepting proposals for an out-of-state advertising package promoting the 2008 Christmas on the Alley Festival in accordance with the provisions of LSA-R.W.33:4712. Sealed bid proposals will be accepted in the office of Alana Cooper, Executive Director, Monroe-West Monroe Convention and Visitors Bureau, 601 Constitution Drive, West Monroe, LA 71292, no later than 10:00 a.m. on Friday, October 10, 2008. After the bid opening the bidders will be requested to make a bid presentation to the bid committee sometime between October 14 and October 15, 2008. The proposal will be for the maximum amount of advertisement of any configuration at the bidder’s discretion in the out-of-state regional markets of Mississippi and Arkansas plus development of the advertisement for a total sum of $30,000.00 (Thirty Thousand Dollars). Advertising is to run from November 17 through December 21, 2008. The Monroe-West Monroe Convention & Visitors Bureau reserves the right to reject any and all bids. Alana Cooper Executive Director Monroe-West Monroe Convention & Visitors Bureau 9/18,9/25 _____________________________________________________________ Public notices may be submitted via e-mail to news@ouachitacitizen. com; by fax at (318) 325-2285; or at 1400 North 7th St. West Monroe, LA 71291. For more information on pricing or deadlines, call Heather Rogers at (318) 322-3161, ext. 206. |