2019-0297
INTRODUCED BY: LARRY COCHRAN, PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO.
Title
An ordinance to approve and authorize the Parish President to execute a Cooperative Endeavor Agreement (CEA) between Esperanza Land, L.L.C. and St. Charles Parish to access, survey, perform wetland delineation, and geotechnical testing to property owned by Esperanza Land, L.L.C., southwest of LA Highway 3127 for the possibility of a future oxidation pond.
Body
WHEREAS, Esperanza Land, L.L.C. is a Louisiana limited liability company appearing herein through Debra Dufresne Vial, duly authorized, and whose mailing address is 14305 River Road, Luling, Louisiana; and,
WHEREAS, Esperanza Land, L.L.C. owns property located on the West Bank of St. Charles Parish in Luling southwest of LA Highway 3127; and,
WHEREAS, there are a large number of MODAD units privately owned and operated independent of the St. Charles Parish Wastewater System producing approximately 200,000GPD of effluent; and,
WHEREAS, the St. Charles Parish West Bank Wastewater system is approaching capacities of the West Bank treatment facility and infiltration from storm events as well as the expected growth will over burden the capacity of the current treatment facility; and,
WHEREAS, St. Charles Parish has the need to investigate opportunities to address this issue and has identified a site with an existing pond that has the possibility of locating and operating a new oxidation pond on Esperanza Land, L.L.C.’s property to address the parish’s need to reduce the load on the West Bank treatment facility; and,
WHEREAS, ESPERANZA LAND, L.L.C. is willing to grant access to ST. CHARLES PARISH and its contractors for the above purposes conditioned on ST. CHARLES PARISH holding it harmless and indemnifying it against any and all claims, causes of action, and damages including all attorney fees and costs which may arise out of and from the grant of access; and,
WHEREFORE, IN FUTHERANCE OF PUBLIC PURPOSES stated above, ESPERANZA LAND, L.L.C. and ST. CHARLES PARISH agree as follows:
ESPERANZA LAND, L.L.C. hereby grants ST. CHARLES PARISH and its third party contractors all necessary authorities, permissions, and approvals to access its property generally located southwest of LA Highway 3127 in Luling, St. Charles Parish, Louisiana as depicted in Exhibit A attached hereto for the purpose of performing survey work, geotechnical studies and testing, and wetlands delineation for the purpose of determining the feasibility of locating and operating an oxidation pond on said property for the benefit of ST. CHARLES PARISH;
ST. CHARLES PARISH hereby agrees to hold harmless and indemnify ESPERANZA LAND, L.L.C. from and against any and all claims, causes of action, and damages, including all attorney fees and costs, which may arise out of omission of ST. CHARLES PARISH and its third party contractors performing the above described work on it properties.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Cooperative Endeavor Agreement with Esperanza Land, L.L.C. and St. Charles Parish is hereby approved and accepted.
SECTION II. That the Parish President is hereby authorized to execute said Agreement on behalf of the Parish of St. Charles.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this _________ day of ____________, 2019, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN: ______________________________________________
SECRETARY: _____________________________________________
DLVD/PARISH PRESIDENT: _________________________________
APPROVED: ______________ DISAPPROVED: __________________
PARISH PRESIDENT: ______________________________________
RETD/SECRETARY: _______________________________________
AT: _______________ RECD BY: _____________________________