2023-0326
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF PLANNING & ZONING)
ORDINANCE NO. __________
Title
An ordinance approving and authorizing the execution of a Cooperative Endeavor Agreement between Bunge North America, Inc., Bunge Chevron AG Renewables LLC and the Parish of St. Charles providing for the construction of a road connecting Jonathan Street to Lorraine Street.
Body
WHEREAS, Article VII, Section 14(C) of the Louisiana Constitution of 1974, as amended, (the “Constitution”) provides that for a public purpose, political subdivisions may engage in cooperative endeavors with each other and with private associations, corporations, or individuals; and,
WHEREAS, Bunge North America, Inc., Bunge Chevron AG Renewables LLC (collectively, the “Companies”) and the Parish of St. Charles (the “Parish”) desire to cause the design, development, construction, expansion and/or extension of a road connecting Jonathan Street to Lorraine Street (the “Project”); and,
WHEREAS, the construction of the Project is expected to yield significant advantages for the Parish, as it will, among other benefits, provide the Parish with a newly constructed road in the right of way for Noel Street and a connector road to Lorraine Street between Noel Street and Jean Street; and,
WHEREAS, pursuant to Louisiana Revised Statute R.S. 48:701 a parish governing authority is authorized to revoke the dedication of all roads, streets, and alleyways when the roads, streets and alleyways have been abandoned or are no longer needed for public purpose; and,
WHEREAS, the St. Charles Parish Code of Ordinances requires that the Parish Council, the governing authority of the Parish, adopt an ordinance in order for any property owned by the Parish to be abandoned; and,
WHEREAS, the Parish has agreed to revoke, abandon or cause the abandonment of Jonathan Street due to its current state of deterioration and disrepair, limited use, anticipated maintenance costs required to bring Jonathan Street up to minimum standards of the Parish, and interest in availing itself of the benefits of the Project; and,
WHEREAS, the Parish desires to enter into a Cooperative Endeavor Agreement (the “CEA”) with the Companies to define the respective rights, duties, responsibilities and obligations of the Companies and the Parish with respect to the Project; and,
WHEREAS, the Parish expects to receive real and substantial benefits under the CEA in return for the obligations of the Parish thereunder; and,
WHEREAS, the Parish desires to enter into the CEA under the Constitution and other relevant constitutional and statutory authority, all to provide for the construction, expansion and/or extension of the Project.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That a Cooperative Endeavor Agreement between Bunge North America, Inc., Bunge Chevron AG Renewables LLC and the Parish of St Charles, relative to the design, development, construction, donation and/or dedication of Noel Street and a connector road to Lorraine Street between Noel Street and Jean Street is hereby authorized and approved.
SECTION II. That the Parish President is hereby authorized to execute the Cooperative Endeavor Agreement on behalf of the Parish of St. Charles, along with any such other agreements and instruments as the Parish President deems necessary to carry out the intent of this ordinance.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this ______ day of ___________, 2024, 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: