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: ________________________