2008-0389
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
ORDINANCE NO. ___________
Title
An ordinance of the Parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles be amended by adding under Chapter 7, Drainage & Flood Control, Article III. Drainage Improvements on Servitudes donated by Homeowners and/or Adjacent Property Owners, Section 7-55. Drainage Improvements.
Body
WHEREAS, there are flood prone areas to which the Parish does not have access and to drain such areas; and,
WHEREAS, these flood prone areas have caused or has the severe potential of causing flooding to homes and other buildings; and,
WHEREAS, a number of homeowners have offered to donate a servitude to access such flood prone areas; and,
WHEREAS, it is the desire of the St. Charles Parish Council to reduce the risk of flooding to homes and buildings; and,
WHEREAS, current ordinances do not provide for a clear procedure to accept drainage servitudes followed with the installation of drainage improvements by the Parish within such servitudes.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Chapter 7 Drainage & Flood Control, Article III. Drainage Improvements on Servitudes Donated by Homeowners and/or Adjacent Property Owners, Section 7-55. Drainage Improvements be amended by adding the following:
Article III: Drainage Improvement on Servitudes donated by Homeowners and/or Adjacent Property Owners:
Section 7-55. Drainage Improvements.
The Parish is authorized to enter onto and to perform drainage improvements on homeowner's private property and/or adjacent property to drain flood prone areas which have caused or which have the severe potential of causing flooding to homes or other buildings provided that 1) the Public Works Department identifies, confirms, and documents with photographic and/or video evidence that a home or other ancillary building has flooded or is at a severe risk of flooding, 2) the Public Works Department identifies and confirms specific improvements which can be implemented to reduce the flooding potential in these specific areas, 3) it is documented by photographic and/or video evidence (along with survey information where needed) to show that the drainage improvement will benefit at least three (3) separate property owners, 4) the Parish Council passes a resolution in support of the drainage improvements after being shown the evidence in 1) and 3) above at the Council Meeting at which the resolution is to be considered, 5) a permanent drainage servitude donated by the owner(s) of private property (and a temporary access and/or construction servitude if required) for the installation of such improvements following approval of the resolution by the Council, and 6) the property owner(s) provide to the Parish payment in the amount to be determined by the Public Works Department for materials to be installed in association with the improvements.
The preparation of the document(s) donating the servitude along with a required survey showing the servitude (and the temporary access and/or construction servitude when required) shall be the responsibility of the individual(s) donating the servitudes. The installation of drainage improvements which are solely for the purpose of helping rear yards drain is strictly prohibited.
The passing of the resolution by the Council provides authorization for the Parish President to sign the servitude donation document and to have the improvements performed thereon provided 1) receipt of a letter from the Director of Legal Services approving the above mentioned legal document(s), 2) receipt of a letter from the Public Works Director as to the adequacy of the servitude(s) being donated, and 3) payment of material cost as mentioned in 6) above has been received by the Parish.
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 ____________, 2008, to become effective five (5) days after publication in the Official Journal.
Amend Code - chapter 7 - add article III - drainage improvement
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________