logo  ST. CHARLES PARISH, LA
File #: 2017-0162    Version: 1 Name: Full and final settlement in the matter entitled “Frank J. Brisset vs. St. Charles Parish”, et al, 29th Judicial District Court, Parish of St. Charles, No. 66,024-C
Type: Ordinance Status: Enacted
File created: 5/1/2017 In control: Parish Council
On agenda: 6/5/2017 Final action: 6/5/2017
Enactment date: Enactment #: 17-6-4
Title: An ordinance to authorize the Parish President to make full and final settlement in the matter entitled "Frank J. Brisset vs. St. Charles Parish", et al, 29th Judicial District Court, Parish of St. Charles, No. 66,024-C.
Sponsors: Lawrence 'Larry' Cochran, Department of Legal Services
Indexes: Finance (Dept. of), Legal Services (Dept. of), Suits
Attachments: 1. 2017-0162 Receipt and Release.4.26.17, 2. 2017-0162 Settlement-F, 3. 2017-0162 Final Ord 17-6-4 with Settlement
Related files: 2006-0170, 2006-0171, 2006-0255, 2017-0167
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
6/7/20171 Parish President Approved by the Par. Pres.  Action details Meeting details Not available
6/5/20171 Parish Council Public Hearing Requirements Satisfied  Action details Meeting details Not available
6/5/20171 Parish Council ApprovedPass Action details Meeting details Not available
5/15/20171 Parish Council Publish/Scheduled for Public Hearing  Action details Meeting details Not available
5/15/20171 Parish Council Public Hearing Requirements Not Satisfied  Action details Meeting details Not available
5/15/20171 Parish Council Postponed Indefinitely and ReintroducedPass Action details Meeting details Not available
5/15/20171 Parish Council Postponed Indefinitely and Reintroduced  Action details Meeting details Not available
5/1/20171 Parish Council Publish/Scheduled for Public Hearing  Action details Meeting details Not available
5/1/20171 Parish President Introduced  Action details Meeting details Not available

2017-0162

INTRODUCED BY:                     LARRY COCHRAN, PARISH PRESIDENT

(DEPARTMENT OF LEGAL SERVICES)

ORDINANCE NO.  ____________

Title

An ordinance to authorize the Parish President to make full and final settlement in the matter entitled “Frank J. Brisset vs. St. Charles Parish”, et al, 29th Judicial District Court, Parish of St. Charles, No. 66,024-C.

Body

WHEREAS,                     property described as Lots 1 and 2, Square 31, Ward 3, New Sarpy, Louisiana was adjudicated to St. Charles Parish for nonpayment of taxes and placed in an Adjudicated Property Auction duly approved by the St. Charles Parish Council by Ordinance Nos. 06-6-15 and amended by Ordinance No. 06-9-1; and,

WHEREAS,                     Frank J. Brisset alleges that he had been paying the property taxes on this property in good faith since December 30, 1985, when he acquired it from the Illinois Central Railroad; and,

WHEREAS,                     at the Adjudicated Property Auction on May 5, 2007 Mr. Brisset was the successful  bidder and on July 10, 2007 purchased the subject property at a cost of $14,000.00; and,

WHEREAS,                     Frank J. Brisset filed a Petition to Set Aside St. Charles Parish Adjudicated Property Sale Due to Dual Assessment for Lots 1 & 2, Square 31 Ward 3, New Sarpy Louisiana alleging that he had owned the property and had paid the taxes on it; and,

WHEREAS,                     the parties have agreed to compromise and make full and final settlement of the litigation with Frank J. Brisset receiving the sum of $14,000.00, with St. Charles Parish paying $12,500.00 thereof; and,

WHEREAS,                     Frank J. Brisset has agreed to release St. Charles Parish from all existing claims and all claims which may arise in the future as a result of the acts and/or omissions alleged by him.

THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:

SECTION I.                     That the President of St. Charles Parish is hereby authorized to execute the Full and Final Settlement Agreement, and pay to Frank J. Brisset the sum of TWELVE THOUSAND FIVE HUNDRED AND NO/100THS ($12,500.00) DOLLARS inclusive of all damages, costs and fees, in full satisfaction of all damages, claims and causes of action alleged in the matter entitled “Frank J. Brisset vs. St. Charles Parish, et al”, 29th Judicial District Court, Parish of St. Charles, No. 66,024-C.

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

 

 

 

 

                     And the ordinance was declared adopted this _______ day of __________, 2017 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: