2023-0179
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
ORDINANCE NO. ____________
Title
An ordinance approving and authorizing the execution of a Cooperative Endeavor Agreement between St. Charles Parish and the Lafourche Basin Levee District relative to a levee lift for the Sunset Drainage District within the West Bank Hurricane Protection Levee System (Project A) and access roadway and surcharge area for a future boat ramp located on property known as Des Allemands Boat Launch (Project B).
Body
WHEREAS, the Parish and this District are commissioned with hurricane protection, comprehensive flood control and drainage for the residents and commercial entities of St. Charles Parish, State of Louisiana; and,
WHEREAS, LBLD, in conjunction with the United States Army Corps of Engineers (USACE), entered into a Cooperative Endeavor Agreement with St. Charles Parish on April 2, 2014, within which LBLD agreed to operate, repair, rehabilitate and maintain the existing levees and future levees on the west bank of the Mississippi River in the Parish of St. Charles more commonly known as the West Bank Hurricane Protection Levee System, including Magnolia Ridge, Willowridge, West Bank & Vicinity, Western Tie - In, Davis Pond Levee, Ellington and the Sunset Levee; and,
WHEREAS, LBLD desires to perform a levee lift for the Sunset Levee located within the West Bank Hurricane Protection Levee System in St. Charles Parish, known as THE Upper Barataria Risk Reduction Segment 2 - Sunset Levee CPRA Project No. BA-0220 (hereinafter also referred to as “Project A”); and,
WHEREAS, Project A is an integrated coastal protection project eligible for funding under Section 105 of the Gulf of Mexico Energy Security Act (GOMESA,) Act of 2006 (Title I of Division C of Public Law 109-432; 43 U.S.C. 1331 et seq.: 120 Stat. 3000), 30 C.F.R. Parts 219 and 1219, Louisiana Constitution Article VII, Sections 9(8), 10.1 and 10.2, and La. R.S. 49:214.5.4(E); and,
WHEREAS, Project A is consistent with the State of Louisiana’s 2017 Coastal Master Plan and Fiscal Year 2023 Annual Plan, and is identified as eligible for allocation of proposed GOMESA funding, contingent upon funding being made available to the State of Louisiana for the Project; and,
WHEREAS, as a requirement for completion of the Project, LBLD needs to construct an access roadway to the Sunset Levee across certain immovable property owned and operated by St. Charles Parish; and,
WHEREAS, the Parish is the owner of certain immovable property located in Des Allemands, Louisiana, Parish of St. Charles per an Act of Donation from Chevron U.S.A. Inc., more fully known as the Des Allemands Boat Launch; and,
WHEREAS, Parish desires to construct an access roadway and surcharge area for a future boat ramp located on Bayou Des Allemands in St. Charles Parish, known as Des Allemands Boat Launch (hereinafter referred to as “Project B”); and,
WHEREAS, Project B is a project eligible for funding from St. Charles Parish, including funding from CPRA funds and HB1 funds; and,
WHEREAS, this Cooperative Endeavor Agreement (hereinafter also referred to as the “Agreement”) will be mutually beneficial to the parties in the furtherance of their respective statutory purposes, duties, and authorities, and each party expects to receive benefits for itself and the public at least equal to the costs and responsibilities undertaken pursuant to this Agreement; and,
WHEREAS, the purpose of this Agreement is to define the respective rights, duties, responsibilities, obligations, and liabilities between LBLD and the Parish assumed under this Agreement with respect to Project A and Project B.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Cooperative Endeavor Agreement between St. Charles Parish and the Lafourche Basin Levee District relative to a levee lift for the Sunset Drainage District within the West Bank Hurricane Protection Levee System (Project A) and access roadway and surcharge area for a future boat ramp located on property known as Des Allemands Boat Launch (Project B) is hereby approved and accepted.
SECTION II. That the Parish President is hereby authorized to execute said Cooperative Endeavor Agreement on behalf of St. Charles Parish.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2023, 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: