logo  ST. CHARLES PARISH, LA
File #: 2021-0336    Version: 1 Name: Full and final settlement in the matters entitled “Industrial and Mechanical Contractors, Inc. vs. St. Charles Parish”, 29th Judicial District Court
Type: Ordinance Status: Enacted
File created: 1/10/2022 In control: Parish Council
On agenda: 1/24/2022 Final action: 1/24/2022
Enactment date: Enactment #: 22-1-6
Title: An ordinance to authorize the Parish President to make full and final settlement in the matters entitled "Industrial and Mechanical Contractors, Inc. vs. St. Charles Parish", 29th Judicial District Court of St. Charles Parish, Docket No. 84,056 consolidated with "St. Charles Parish vs. Industrial and Mechanical Contractors, Inc., et al", 29th Judicial District Court of St. Charles Parish, Docket No. 84,689.
Sponsors: Matthew Jewell, Department of Legal Services
Indexes: DRO (Mimosa and Lagattuta Drg. Imp.), Legal Services (Dept. of), Public Works (Dept. of)
Attachments: 1. 2021-0336 Final Ord 22-1-6, 2. 2021-0336 IMC Fully Exe Release.pdf 2022 08 16
Related files: 2012-0034, 2021-0218, 2012-0150, 2014-0437, 2009-0420, 2022-0238

2021-0336

INTRODUCED BY:                     MATTHEW JEWELL, PARISH PRESIDENT

                     (DEPARTMENT OF LEGAL SERVICES)

ORDINANCE NO.                                                                 

Title

An ordinance to authorize the Parish President to make full and final settlement in the matters entitled “Industrial and Mechanical Contractors, Inc. vs. St. Charles Parish”, 29th Judicial District Court of St. Charles Parish, Docket No. 84,056 consolidated with “St. Charles Parish vs. Industrial and Mechanical Contractors, Inc., et al”, 29th Judicial District Court of St. Charles Parish, Docket No. 84,689.

Body

WHEREAS,                     St. Charles Parish entered into a construction project with Industrial and Mechanical Contractors, Inc. (IMC) for the improvements to the Mimosa area drainage system, Project No. P090904; and,

WHEREAS,                     St. Charles Parish and IMC became engaged in litigation involving the project; and,

WHEREAS                     the litigation eventually involved IMC’s subcontractor, IMC’s bonding company and Buchart Horn, Inc., the engineering firm; and,

WHEREAS,                     the litigation resulted in claims by and between IMC and St. Charles Parish, St. Charles Parish and IMC and its surety, Travelers Casualty and Surety Company of America; and,

WHEREAS,                     the project was eventually completed by St. Charles Parish; and,

WHEREAS,                     all parties have agreed to resolve all claims with St. Charles receiving a total of $240,000.00 from Buchart Horn, Inc and IMC’s subcontractors, and paying IMC the sum of $109,000.00, in full and final settlement by, between and among the parties.

THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:

SECTION I.                     That full Release, Indemnity and Settlement of the litigation entitled “Industrial and Mechanical Contractors, Inc. vs. St. Charles Parish”, 29th Judicial District Court of St. Charles Parish, Docket No. 84,056 consolidated with “St. Charles Parish vs. Industrial and Mechanical Contractors, Inc., et al”, 29th Judicial District Court of St. Charles Parish, Docket No. 84,689 is hereby approved and accepted.

SECTION II.                     That the Parish President is hereby authorized to execute a Release, Indemnity and Settlement Agreement.

The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:

 

 

 

 

And the ordinance was declared adopted this             day of                      , 2022, 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: ________________________