2000-0088
INTRODUCED BY: ALBERT D. LAQUE
PARISH PRESIDENT
(DEPT. OF PLANNING & ZONING)
ORDINANCE NO.
Title
An ordinance of the parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles, State of Louisiana, be amended through the addition of subpart "ll.5-34. International Matex Tank Terminals." The ordinance shall add International Matex Tank Terminals to the listing of formally recognized "industrial areas" in St. Charles Parish.
Body
WHEREAS, International Matex Tank Terminals has submitted an application and supporting documentation to the Department of Planning & Zoning requesting an area of the Parish of St. Charles, State of Louisiana be declared an Industrial Area and be granted the privileges and immunities appertaining thereto under the terms and conditions of Act 406 of 1964, as amended by Act Number 505 of 1966, of the Louisiana Legislature (R.S. 33:130.11, et seq.); and,
WHEREAS, the requested Industrial Area has been fully described on an accurate legal description of which is attached hereto as Exhibit "A" and on an accurate legal survey of which is attached hereto as Exhibit "B"; and,
WHEREAS, International Matex Tank Terminals owns an interest of not less than 51% of the land in the request for Industrial Area Status; and,
WHEREAS, all of the land in the request for Industrial Area Status is outside the boundaries of any municipal corporation of the Parish of St. Charles; and,
WHEREAS, the St. Charles Parish Council has determined that the land proposed for Industrial Area Status is primarily suited for industrial development and that such determination of feasibility was positively made by the St. Charles Parish Planning & Zoning Commission and the Department of Planning and Zoning as set forth in the Code of Ordinances; and,
WHEREAS, the St. Charles Parish Council has held one public hearing after notifying the citizenry and all interested parties by means of publication of the notice of said public hearing, a copy of which is attached hereto as Exhibit "C" in a newspaper of general circulation throughout St. Charles Parish at a time not less than ten days prior to the date of the hearing, and that after the deliberations of the said public hearing and due proceeding of this St. Charles Parish Council, all in accordance with the Law.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS, that Chapter 11.5 of the Code of Ordinances is hereby amended through the addition of the following subpart:
Sec. 11.5-33. International Matex Tank Terminals
(a) Created: The following land, is hereby designated as an industrial area under the terms and conditions of and with all the privileges and immunities granted by Act 406 of 1964, as amended by Act Number 505 of 1966, of the Louisiana Legislature (R.S. 33:130.11, et seq.): A CERTAIN TRACT OF LAND, together with all the buildings and improvements thereon; and all the rights, ways, privileges, servitudes and advantages thereunto belonging or in anywise appertaining, situated in the Parish of St. Charles, State of Louisiana, on the left descending bank of the Mississippi River at about seven and a half leagues above the City of New Orleans, measuring TWO THOUSAND TWO HUNDRED AND SEVEN and seven tenths (2207.7') FEET front on the Mississippi River and TWO THOUSAND TWO HUNDRED AND THIRTEEN AND 78/100 (2213.78') FEET front along the Public Road, by a depth of FOURTEEN THOUSAND ONE HUNDRED AND SEVENTY (14,170') FEET on its upper line by a depth of FOURTEEN THOUSAND NINE HUNDRED AND NINETY-FIVE and 9/10 (14,995.9') FEET on its lower line and by a width in the rear on a diagonal line of ONE THOUSAND, THREE HUNDRED AND THIRTY-EIGHT and 9/10 (1,338.9') FEET, containing FOUR HUNDRED AND NINETY-SIX and 49/100 (496.49) ACRES and is comprised between the letters A., B., C., and D., on a plan made by Frank T. Payne, Civil Engineer, dated Gretna, La., December 31st. 1920. Said above described property forms part of Cedar Grove Plantation and also the lower half of Lot No. One (1) and all of Lot No. Twenty-three (23) of Pecan Grove Plantation Subdivision, situated in the Parish of St. Charles, State of Louisiana, and the property comprises all of Section 48 and parts of Sections 8, 45 and 46 in T. 12 S., R. 9E., and parts of Sections 40 and 41 in T. 13. S., R. 9 E., Southeastern District of Louisiana, East of the Mississippi River. The above property is also shown on a survey map of Ballard Land Surveyors dated May 15, 1974, revised October 12, 1974 and June12, 1975, a copy of which is annexed hereto and made part hereof, according to which said property is described and shown as follows, to-wit: Beginning at a point designated as Point A, which said point bears Louisiana Lambert Plane coordinates, South Zone, X=2,318,138.44 and Y=463,518.52 thence N 16° 31' 40" W a distance of 6,346.75 feet to a point A-1; thence N 16° 29' 43" W a distance of 8,163.75 feet to point B; thence N 07° 09' 27" E a distance of 1,337.25 feet to point C; thence S 23° 48' 55" E, a distance of 2273.49 feet to point C-1; thence S 23° 44' 22" E, a distance of 4973.57 feet to point C-2; thence S 23° 48' 34" E a distance of 1663.10 feet to point D; thence S 21° 01' 59" E a distance of 7,077.93 feet to point E; thence along the average low water plane of the east bank of the Mississippi River S 73° 28' 20" W, a distance of 371.32 feet to point F; thence along said low water plane N 77° 16' 44" W, a distance of 286.53 feet to point G; thence continuing along said low water plane S 64° 43' 34" W, a distance of 131.53 feet to point H; thence continuing along said low water plane S 74° 18' 09" W a distance of 690.07 feet to point I; thence continuing along said low water plane S 75° 40' 29" W, a distance of 780.58 feet to point A, the point of beginning, all of which contains 525.31 acres. SEVEN CERTAIN TRACTS OF LAND, together with all improvements thereon, all rights, ways, servitudes and appurtenances thereunto belonging or in anywise appertaining, situated in St. Rose, Parish of St. Charles, Louisiana on the left bank of the Mississippi River, at a distance of about twenty-three (23) miles above the City of New Orleans, measuring eleven (11) arpents, more or less, front on the Mississippi River, by seventy-five (75) arpents, more or less in depth, converging to a point; said tracts of land form a part of and are designated as lots 1, 2, 3, 4, 5, 7 and 8 on a plan of subdivision of the "Pecan Grove Plantation" made by Frank T. Payne under date of December 31, 1904, a copy of which is annexed hereto. TWO (2) CERTAIN PARCELS OR PORTIONS OF GROUND, being a portion of the Crespo Subdivision, all as shown on one certain map of said subdivision bearing certification of Frank T. Payne, Civil Engineer and being outlined in red thereon, designated As Exhibit "A", together with approximately 5.35 acres of batture being located immediately to the front of the Crespo Subdivision property.
(1) The Secretary of the parish council is instructed to file certified copies of the legal description, the survey of the industrial area, and this section with the clerk of the district court in both the mortgage and conveyance records; and,
(2) The Secretary of the parish council is directed to furnish a certified copy of this section to petitioner, International Matex Tank Terminals and to the assessor, and to ask that the said assessor duly note the action of the parish council in the records of his office; and,
(3) The Secretary of the parish council is instructed to provide a certified copy of this section to the State Department of Economic Development, Baton Rouge, Louisiana, and the State Department of Public Works, Baton Rouge, Louisiana; and,
(4) No portion of the industrial area may be included within a special service district hereafter created for the purpose of construction and cleaning streets, provided the industries located within the industrial area, individually, or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of the parish council so stating. The service provided for in this paragraph shall not apply to public streets and public roads within the industrial area; and,
(5) No portion of this industrial area may be included within a special service district hereafter created for the purpose of street lighting, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of this parish council so stating; and,
(6) No portion of the industrial area may be included within a special service district hereafter created for the purpose of sewers and sewerage works, provided the industries located within the industrial area individually, or as a group, furnish and maintain such service as needed and file an affidavit with the secretary of this parish council so stating; and,
(7) No portion of the industrial area may be included within a special service district hereafter created for the purpose of fire protection, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed and file an affidavit with the secretary of this parish council so stating; and,
(8) No portion of the industrial area may be included within a special service district hereafter created for the purpose of garbage and refuse collection and disposal, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of the parish council so stating.
(b) Administrative requirements:
(1) No industry located or in progress of being located within the boundaries of this industrial area shall have any of the privileges and immunities set forth in Act Number 406 of 1964, as amended by Act Number 505 of 1966, or this section unless and until that industry files with the secretary of the parish council a duly executed agreement to notify the parish council in writing immediately upon the discontinuance of the furnishing and/or maintenance of any one of all of the services to themselves which had been previously set forth in an affidavit filed by the industry with the parish council and to allow inspection by the parish council and to allow inspection by the parish council or any designee thereof, of the premises on which the industries claim, by affidavit duly filed, that they shall furnish and maintain any or all of the above enumerated services. Such inspection shall be made at reasonable times and the intervals and shall be limited to observation of the areas and/or facilities pertinent to the services which the industries claim, by duly filed affidavit, to be furnishing; and,
(2) The Secretary of the parish council is directed to file certified copies of all agreements filed with the secretary by companies in the industrial area with the assessor; and,
(3) This section shall, in no way, impair or restrict any agreement between industries located in this industrial area and the parish council and/or any municipality or municipalities situated therein, for mutual fire protection in grave emergencies.
(4) This section shall in no way, impair or restrict the parish council and/or any municipality or municipalities situated therein, from the enforcement of buffer zone requirements as contained in any zoning or land use base Code provision
Vote
The foregoing Ordinance having been submitted to a vote, the vote thereon was as follows:
And the Ordinance was declared adopted this day of , 2000, to become effective five (5) days after publication in the Official Journal.
IMTT-Ind area Amended
CHAIRMAN: ______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________