2015-0374
INTRODUCED BY: V.J. ST. PIERRE, JR., PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO. ____________
Title
An ordinance authorizing St. Charles Parish to enter into an ‘Assignment of Flood Closure Structure Operation and Maintenance, WBV-75’ with the Coastal Protection and Restoration Authority for the ‘West Bank and Vicinity, New Orleans, Louisiana Hurricane Project, WBV-75, Western Tie-In BNSF Railroad Crossing, St. Charles Parish, Louisiana’.
Body
WHEREAS, on June 21, 2011, the Office of Coastal Protection and Restoration executed a certain Flood Closure Structure Construction and Maintenance Agreement with BNSF Railway Company in order to construct, operate and maintain a hurricane protection floodgate and appurtenances for the ‘West Bank and Vicinity, New Orleans, Louisiana Hurricane Project, WBV-75, Western Tie-In BNSF Railroad Crossing, St. Charles Parish, Louisiana’ (Project); and,
WHEREAS, on June 21, 2011, the Office of Coastal Protection and Restoration entered into an Easement Agreement for the West Bank & Vicinity, Louisiana Project, St. Charles Parish, Louisiana (C&M Agreement), which allowed the installation of railroad floodgates across the BNSF Railway’s property, being constructed in accordance with the Flood Closure Structure Construction and Maintenance Agreement; and,
WHEREAS, in accordance with the La. R.S. 38:101(C), upon completion of the construction of hurricane protection projects, the operation and maintenance of the hurricane protection system is to be transferred to the local governments; and,
WHEREAS, pursuant to Article V, Section 13(b) of the Flood Closure Structure Construction and Maintenance Agreement, the term and conditions of the flood gates operations and maintenance shall be assumed by St. Charles Parish upon completion; and,
WHEREAS, the Project is now complete, and the Coastal Protection and Restoration Authority of Louisiana wishes to enter into an ‘Assignment of Flood Closure Structure Operation and Maintenance, WBV-75’ (Assignment) per letter dated August 24, 2015; and,
WHEREAS, the Assignment would transfer from the Coastal Protection and Restoration Authority all of its rights under the Flood Closure Structure Construction and Maintenance Agreement and the Easement Agreement to St. Charles Parish.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. there is hereby a public need for St. Charles Parish to enter into the ‘Assignment of Flood Closure Structure Operation and Maintenance, WBV-75’ to operate and maintain said flood structures.
SECTION II. That St. Charles Parish does hereby assume all of the Coastal Protection and Restoration Authority’s duties and obligations under the Flood Closure Structure Construction and Maintenance Agreement and the Easement Agreement for the ‘West Bank and Vicinity, New Orleans, Louisiana Hurricane Project, WBV-75, Western Tie-In BNSF Railroad Crossing, St. Charles Parish, Louisiana’.
SECTION II. That the Parish President is hereby authorized to execute any and all documents necessary to complete said ‘Assignment of Flood Closure Structure Operation and Maintenance, WBV-75’.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this _______ day of _____________, 2015, 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: ________________________
MAN:________________