2000-0507
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
ORDINANCE NO. __________
Title
An ordinance authorizing the execution of an agreement by and between the Parish of St. Charles, State of Louisiana, and Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, State of Louisiana, authorizing the Parish President to execute said agreement and providing for other matters in connection therewith.
Body
BE IT ORDAINED by the St. Charles Parish Council, acting as the governing authority of the Parish of St. Charles, State of Louisiana, and Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, State of Louisiana:
SECTION I. That pursuant to the provisions of Part VII, Chapter 2, Title 33 of the Louisiana Revised Statutes of 1950, the Parish hereby accepts the agreement with Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, State of Louisiana, hereinafter set out in this ordinance.
SECTION II. That the Parish President and Council Secretary are hereby authorized and directed to execute said agreement for, on behalf of, in the name of and under the seal of the Parish of St. Charles, State of Louisiana.
SECTION III. That Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, State of Louisiana, hereby accepts the agreement with the Parish of St. Charles, State of Louisiana, hereinafter set out in this ordinance.
SECTION IV. That the Chairman of the Council and the Council Secretary are hereby authorized and directed to execute said agreement for, on behalf of, in the name of and under the seal of Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, State of Louisiana.
SECTION V. That the form of said agreement shall be substantially as follows, to-wit:
LOCAL SERVICES AGREEMENT BETWEEN THE PARISH OF ST. CHARLES, STATE OF LOUISIANA, AND CONSOLIDATED WATERWORKS AND WASTEWATER DISTRICT NO. 1 OF THE PARISH OF ST. CHARLES, STATE OF LOUISIANA
STATE OF LOUISIANA
PARISH OF ST. CHARLES
This Agreement made and entered into this ______ day of ____________, 2000, by and between:
PARISH OF ST. CHARLES, STATE OF LOUISIANA (the "PARISH"), a political corporation and subdivision of the State of Louisiana, created, organized and existing under the laws of the State of Louisiana, herein represented by the Parish President, the Honorable Albert D. Laque duly authorized in the premises pursuant to the provisions of an ordinance adopted by the St. Charles Parish Council on the ______ day of ___________, 2000, a certified copy of which is annexed hereto and made a part hereof, and
CONSOLIDATED WATERWORKS AND WASTEWATER DISTRICT NO. 1 OF THE PARISH OF ST. CHARLES, STATE OF LOUISIANA (the "DISTRICT"), a political subdivision of the State of Louisiana, created by the St. Charles Parish Council pursuant to the provisions of Chapters 22 and 22A of Title 33 of the Louisiana Revised Statutes of 1950, herein represented by the St. Charles Parish Council Chairman, Terry Authement, duly authorized in the premises pursuant to the provisions of an ordinance adopted by the St. Charles Parish Council, acting as the governing authority of said District on the ______ day of ____________, 2000, a certified copy of which is annexed hereto.
WHEREAS, PARISH and DISTRICT previously entered into agreements regarding the administration, operation and maintenance of the public sewerage system in St. Charles Parish, Louisiana (the "System") consisting of all of the publicly owned, operated sewerage system within the Parish including but not limited to all of the properties now or previously owned or operated by Sewerage District No. 1 of the Parish of St. Charles, State of Louisiana, and Sewerage District No. 2 of the Parish of St. Charles, State of Louisiana, and Sewerage District No. 3 of the Parish of St. Charles, State of Louisiana, the PARISH and the DISTRICT; and
WHEREAS, DISTRICT currently administers, operates and maintains the system, imposes rates and charges and collects the revenue from the System; and
WHEREAS, PARISH is engaged in an improvement program for the System that will be financed in large measure through the proceeds of $41,000,000 of General Obligation Bonds authorized at an election held in said PARISH on May 3, 1997, which have already been sold and delivered, and the principal amount is being drawn down from time to time as needed; and
WHEREAS, PARISH and DISTRICT wish to further provide with respect to the administration, operation and maintenance of the System as said System is expanded, so as to provide quality sewer service to the residents of the PARISH and the DISTRICT at the lowest possible cost to the users of the System, it being recognized that the furnishing of sewer service at the lowest cost to the users is a goal of both PARISH and DISTRICT;
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth to be kept and performed by the parties hereto, it is agreed by and between the parties as follows:
I.
That the DISTRICT shall continue to administer, operate and maintain the System as it currently exists and as it may be expanded from time to time by PARISH or DISTRICT. DISTRICT shall continue to levy rates and charges on users and customers of the System, and the right and authority of the DISTRICT to pledge the revenues of the System to the payment of an issue of Sewer Revenue Bonds, Series 1994, in the original amount of $6,300,000 and to pledge the revenues of the System to any future bonds or obligations of the DISTRICT is hereby authorized, ratified and confirmed. It is hereby recognized that the issuance of revenue bonds by the DISTRICT furthers the purposes of both the PARISH and DISTRICT, and it is agreed that the right of the DISTRICT to levy sewer rates and charges and to pledge System revenues to the payment of bonds or other obligations shall not be abated or abridged as long as any such bonds or obligations are outstanding.
II.
The right of the DISTRICT and PARISH to extend and/or improve the System is ratified and confirmed and DISTRICT shall continue to administer, operate and maintain the System as it may be extended or improved.
III.
In order to assist DISTRICT in the cost of administering, operating and maintaining the System as such System is being expanded and improved, PARISH agrees to dedicate, transfer and use $332,968____________ of calendar year 2000 General Fund revenues to pay for a portion of the costs of administration, operation and maintenance of the System. It is recognized that the revenue is provided in order to share the cost of the expanded System. No further dedication of revenues other than _ $332,968_____________ of 2000 General Fund revenues is effected by this agreement.
IV.
This Local Services Agreement shall be interpreted liberally, to the end through the use of arrangements provided herein, greater economy and efficiency of operation of the joint undertaking may be encouraged, and the benefits of such joint undertaking may be extended in the best interest of the citizens of the PARISH and customers of the System, all as provided in the Local Services Law.
V.
If any one or more of the provisions of this Agreement shall be declared to be contrary to law by any court of competent jurisdiction, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect the validity of the other provisions of this Agreement.
VI.
This Agreement shall serve to amend any prior Local Services Agreement to the extent of any conflict therewith.
THUS DONE, EXECUTED AND SIGNED in multiple counterparts, in my office at Hahnville, Louisiana, on the day, month and year herein first above written, in the presence of ____________________ and ____________________, competent witnesses who hereunto signed their names with the said appearers and me, Notary, after reading of the whole.
WITNESSES PARISH OF ST. CHARLES, STATE OF LOUISIANA
____________________ By: ________________________
Parish President
____________________ ATTEST: ____________________
Council Secretary
WITNESSES CONSOLIDATED WATERWORKS AND
WASTEWATER DISTRICT NO. 1 OF THE
PARISH OF ST. CHARLES, STATE OF LOUISIANA
____________________ By: _________________________
Council Chairman
____________________ ATTEST: _____________________
Council Secretary
_________________________
NOTARY PUBLIC
SECTION VI. That a copy of this ordinance shall be published in one (1) issue of this Parish's official journal.
Vote
This ordinance having been submitted in writing, having been read and adopted by sections at a public meeting of the St. Charles Parish Council, was then submitted to an official vote as a whole, the vote thereon being as follows:
And the ordinance was declared adopted this, ____ day of ____________, 2000, 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: ________________