logo  ST. CHARLES PARISH, LA
File #: 2024-0271    Version: 1 Name: Rescind Ordinance Nos. 23-5-5 and 24-3-12 and to approve a purchase and/or expropriation over property owned by Kristi Gerstner Smith for Montz Pump Station and Drainage Modification Project
Type: Ordinance Status: Enacted
File created: 8/5/2024 In control: Parish Council
On agenda: 8/19/2024 Final action: 8/19/2024
Enactment date: Enactment #: 24-8-4
Title: An ordinance to rescind Ordinance Nos. 23-5-5 and 24-3-12 and to approve a purchase and/or expropriation of a 1.501 acre servitude designated as Parcel B-3 and an 8,687 square foot/0.199 acre servitude designated as P-106 over property owned by Kristi Gerstner Smith, for the Montz Pump Station and Drainage Modification Project.
Sponsors: Matthew Jewell, Department of Public Works
Indexes: DRO (Montz Pump Station and Drg. Modification Proj.), DRO (Montz Pump Station No. 1), DRO (Montz Pump Station No. 2), Legal Services (Dept. of), Public Works (Dept. of)
Attachments: 1. 2024-0271 2024 07 26 MONTZ 340 CFS SERVITUDES 1-3-23, 2. 2024-0271 2024 05 26 Survey - K Smith Montz Berm Ditch P-106, 3. 2024-0271 Final Ord. 24-8-4 with Surveys, 4. 2024-0271 Recordation Documnets - Servitude Agreement
Related files: 2023-0109, 2024-0104

2024-0271

INTRODUCED BY:                     MATTHEW JEWELL, PARISH PRESIDENT

(DEPARTMENT OF PUBLIC WORKS)

ORDINANCE NO.  __________

Title

An ordinance to rescind Ordinance Nos. 23-5-5 and 24-3-12 and to approve a purchase and/or expropriation of a 1.501 acre servitude designated as Parcel B-3 and an 8,687 square foot/0.199 acre servitude designated as P-106 over property owned by Kristi Gerstner Smith, for the Montz Pump Station and Drainage Modification Project.

Body

WHEREAS,                     Ordinance No. 23-5-5 adopted on May 22, 2023, by the St. Charles Parish Council, approved the purchase and/or expropriation of a 1.501 acre servitude designated as Parcel B-3 over property owned by Kristi Gerstner Smith, and authorized the Parish President to execute any and all documents necessary to complete said purchase and/or expropriation on behalf of St. Charles Parish; and,

WHEREAS,                     Ordinance No. 24-3-12 adopted on March 18, 2024, by the St. Charles Parish Council, approved the purchase and/or expropriation of a 1.501 acre servitude designated as Parcel B-3 and an 8,687 square foot/0.199 acre servitude designated as P-106 over property owned by Kristi Gerstner Smith, and authorized the Parish President to execute any and all documents necessary to complete said purchase and/or expropriation on behalf of St. Charles Parish; and,

WHEREAS,                     the servitude agreement was revised to include the required perpetual drainage servitude designated as P-106 and a second appraisal report was obtained providing an updated fair market value, thus Ordinance Nos. 23-5-5 and 24-3-12 need to be rescinded; and,

WHEREAS,                     the community of Montz, St. Charles Parish, Louisiana has a history of drainage problems; and,

WHEREAS,                     hydrology and engineering analyses were completed in the Montz watershed area, which produced recommendations to improve the drainage in said area by constructing pump stations, cleaning canals, modifying and constructing additional drainage ditches and berms; and,

WHEREAS,                     it is necessary for St. Charles Parish to acquire the identified real estate interest from landowners in order for St. Charles Parish to construct, operate, and maintain the Montz Pump Station and Drainage Modification Project to protect the property owners in the Montz community; and,

WHEREAS,                     properties are more particularly described on the drawing by GIS Engineering, LLC dated January 3, 2023, and by Riverlands Surveying Company dated October 24, 2023, attached hereto and made a part hereof; and,

WHEREAS,                     the fair market value of the required real estate interest that needs to be acquired, as established by a licensed MAI appraiser, is $7,813.00.

THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:

SECTION I.                     That Ordinance No. 23-5-5, adopted May 22, 2023, and Ordinance No. 24-3-12 adopted March 18, 2024, are hereby rescinded.

SECTION II.                     That the purchase and/or expropriation of a 1.501 servitude designated as Parcel B-3 and an 8,687 square foot/0.199 acre servitude designated as P-106 is hereby approved and accepted for the not to exceed value of $7,813.00.

SECTION III.                     That the Parish President is hereby authorized to execute any and all documents necessary to complete said purchase and/or expropriation on behalf of St. Charles Parish.

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

 

 

 

 

And the ordinance was declared adopted the _____ 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: