2015-0376
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
RESOLUTION NO.
Title
A resolution to authorize the Council Chairman to immediately take the steps needed to employ Special Legal Counsel to represent the St. Charles Parish Council in having a court of competent jurisdiction compel the Parish President to perform his legal obligation to enter into a contract, prior to December 31, 2015, to perform a budgeted task which he is legally obligated to do, to raise and dispose the sunken vessel "Pretty Boy" from the Scenic Waterway Bayou Des Allemands 1) immediately following the passing of two (2) working days after the receipt of an AG opinion if it is received prior to the end of the day on November 16, 2015 and it confirms that the spending of the budgeted funds is not gratuitous spending of public funds, since the Parish President has advised the Council at the October 19, 2015 council meeting that he will not lift the vessel even if the AG opines that the expenditure of the budgeted funds is legal, or 2) upon not receiving a fully executed contract by 4:00 pm, November 18, 2015 should the AG opinion not be received prior to 4:00 pm, November 18, 2015, whichever occurs sooner.
Body
WHEREAS, on October 28, 2014, the Parish Council approved Amendment No. 7 which amended the proposed Consolidated Operating and Capital Budget for Fiscal Year 2015, to add $30,000.00 in Special Revenue Funds - Road & Drainage/Drainage (Account Number: 112-420260) - Operating Services/Drainage - Professional Services for raising and disposal of the vessel; and,
WHEREAS, on October 28, 2014, the Parish Council adopted Ordinance No. 14-10-20, which approved and adopted the appropriation of Funds for the St. Charles Consolidated Operating and Capital Budget for Fiscal Year 2015 which included the funds necessary to raise and dispose of the vessel; and,
WHEREAS, on March 16, 2015, the Parish Council adopted Resolution No. 6146, which requested an Attorney General Opinion as to the steps and/or actions it has at its disposal to have a project for which funds have been appropriated and approved in the Parish budget implemented; and,
WHEREAS, the Attorney General has issued Opinion 15-0041 which opined that the Parish President must execute the authorizations set forth in the budget; and,
WHEREAS, the Parish President has been taking every step possible at his disposal to avoid having to perform the budgeted task; and,
WHEREAS, the Parish President requested bids to dispose of the vessel with the hope and expectation that the cost would be in excess of the budgeted funds; and,
WHEREAS, the Parish President subsequently received a quote in the amount of $29,000 from Couvillion Group, LLC to dispose of the vessel which ended up being under the budgeted amount; and,
WHEREAS, the Parish President requested an AG opinion to confirm that the spending of the budgeted funds is not gratuitous spending of public funds; and,
WHEREAS, the Parish President indicated at the October 19, 2015, council meeting that he will not have the budgeted project performed, even if the AG opines that the spending of the funds is proper; and,
WHEREAS, the Parish Council wishes to have this resolution passed and in place so as to have the authority to immediately hire an attorney to take the steps needed in order to have a court of competent jurisdiction direct the Parish President to implement the project should the Parish President not take the steps needed to have the task performed.
NOW, THEREFORE, BE IT RESOLVED, THAT WE, THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby authorize the Council Chairman to immediately take the steps needed to employ Special Legal Counsel to represent the St. Charles Parish Council in having a court of competent jurisdiction compel the Parish President to perform his legal obligation to enter into a contract, prior to December 31, 2015, to perform a budgeted task which he is legally obligated to do, to raise and dispose the sunken vessel "Pretty Boy" from the Scenic Waterway Bayou Des Allemands 1) immediately following the passing of two (2) working days after the receipt of an AG opinion if it is received prior to the end of the day on November 16, 2015 and it confirms that the spending of the budgeted funds is not gratuitous spending of public funds, since the Parish President has advised the Council at the October 19, 2015 council meeting that he will not lift the vessel even if the AG opines that the expenditure of the budgeted funds is legal, or 2) upon not receiving a fully executed contract by 4:00 pm, November 18, 2015 should the AG opinion not be received prior to 4:00 pm, November 18, 2015, whichever occurs sooner.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted this day of , 2015, to become effective five (5) days after publication in the Official Journal.
2015-0376 (11-5-15) Resolution - Special Legal Counsel (I_11-16-15) revised
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED: DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: