2013-0210
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
ORDINANCE NO.
Title
An ordinance instructing the Parish President to enter into an agreement, within fourteen (14) days following the effective date from the adoption of this ordinance, with a professional service provider utilizing the fund allotted in the 2015 Parish budget to raise and dispose of the sunken vessel “Pretty Boy” from the Scenic Waterway Bayou Des Allemands prior to the end of the year 2015.
Body
WHEREAS, the sunken vessel Pretty Boy (the vessel) has been an eye sore to the residents in the vicinity of the sunken vessel and to the visitors to our Parish for more than six (6) years now; and,
WHEREAS, the Parish Council has received a petition from 78 nearby residents requesting that the Parish President take legal action to dispose of the vessel; and,
WHEREAS, all nearby residents, except for relatives of the vessel's owner, were anxious to sign the petition and questioned why has it taken this long to have the sunken vessel addressed; and,
WHEREAS, on September 12, 2014, the Parish received a quote from Couvillion Group, LLC in the amount of $23,000 to raise and dispose of the vessel; and,
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, on May 10, 2015, Couvillion Group, LLC, a professional service provider, confirmed that the $23,000 quote provided and which was used during the budget hearing was still valid; and,
WHEREAS, the amount that was budgeted was $7,000 in excess of the amount needed so as to have sufficient funds available should any unforeseen issues arise with the raising and disposal of the vessel; and,
WHEREAS, the Parish President has refused to secure a professional service provider stating his belief that the appropriated amount, which is $7,000 more than what is needed, is insufficient; and,
WHEREAS, it is ironic that the extra $7,000 was added at the request of the Parish Administration which now says that $7,000 more than what is needed to do the project is insufficient; and,
WHEREAS, based upon the funds appropriated, the Parish Home Rule Charter, the Attorney General Opinions, and the Parish President’s refusal to execute an authorization set forth in the budget to which he is required by law to execute, the St. Charles Parish Council desires that the Parish President enter into an agreement in a timely manner to raise the vessel in accordance with the provisions and authorization provided by State law (LA R.S. 34:843) be entered into; and,
WHEREAS, the Parish Council prays that the Parish President will follow his legal obligations so as to avoid having to have this issue settled by a court of competent jurisdiction as would be the next step per the AG opinion.
NOW, THEREFORE BE IT ORDAINED, THAT WE, THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby instruct the Parish President to enter into an agreement, within fourteen (14) days following the effective date from the adoption of this ordinance, with a professional service provider utilizing the fund allotted in the 2015 Parish budget to raise and dispose of the sunken vessel “Pretty Boy” from the Scenic Waterway Bayou Des Allemands prior to the end of the year 2015.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2015, to become effective five (5) days after publication in the Official Journal.
2013-0210 (7-19-15) Ordinance relating to the execution an Agreement to raise vessel (I_7-20-15) - PH
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: ____________________________