2008-0193
INTRODUCED BY: V.J. ST. PIERRE, JR., PARISH PRESIDENT
(DEPARTMENT OF PLANNING & ZONING)
ORDINANCE NO. _________
Title
An ordinance to amend the St. Charles Parish Code of Ordinances, to expand the Entergy-Little Gypsy "industrial area" in Montz, Louisiana.
Body
WHEREAS, Entergy Little Gypsy, a electric generating facility wholly owned and operated by Entergy Louisiana LLC, has submitted to the Department of Planning and Zoning required documentation requesting an area of the Parish of St. Charles, State of Louisiana be declared an Industrial Area and be granted the privileges and immunities offered under R.S. 33:130.11, et seq; and,
WHEREAS, the requested Industrial Area has been fully described on an accurate legal description of which is attached hereto as Exhibit "A" and on a sketch and accurate surveys which are attached hereto as Exhibit "B"; and,
WHEREAS, Entergy Louisiana LLC owns an interest of not less than 51% of the land in the request for Industrial Area Status; and,
WHEREAS, all of the land in the request for Industrial Area Status is outside the boundaries of any municipal corporation of the Parish of St. Charles; and,
WHEREAS, the St. Charles Parish Council has determined that the land proposed for Industrial Area Status is primarily suited for industrial development and that such determination of feasibility was positively made by the St. Charles Parish Planning & Zoning Commission and the Department of Planning & Zoning as forth in the Code of Ordinances.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Chapter 11.5 of the Code of Ordinances is hereby amended through the addition of the following subpart:
Sec. 11.5-35 Entergy-Little Gypsy
(a) Created: The following land is hereby designated an industrial area under the terms and conditions of and with all the privileges and immunities granted by R.S. 33:103.11 et seq.:
COMMENCE AT THE POINT OF BEGINNING BEING A 2" MUSHROOM BOLT AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF RIVER ROAD AND THE LOWER LINE OF THE GYPSY GENERATING STATION HAVING THE COORDINATED OF NORTH:
547494.1319 AND EAST: 3557472.7791;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2225.38' AND A LENGTH OF 173.85' (N 67°12'56" W, A CHORD DISTANCE, OF 173.81') TO A POINT;
THENCE N64° 58'39"W, A DISTANCE, OF 207.01' TO A POINT;
THENCE N64° 58'39"W, A DISTANCE, OF 207.00' TO A POINT;
THENCE N55° 43'04"W, A DISTANCE, OF 233.11' TO A POINT;
THENCE N66° 10'02"W, A DISTANCE, OF 425.97' TO A POINT;
THENCE N66° 50'57"W, A DISTANCE, OF 376.36' TO A POINT;
THENCE N68° 05'22"W, A DISTANCE, OF 240.76' TO A POINT;
THENCE N77° 23'52'W, A DISTANCE, OF 187.57' TO A POINT;
THENCE N72° 22'12"W, A DISTANCE, OF 132.66' TO A POINT;
THENCE N66° 42'22"W, A DISTANCE, OF 310.91' TO A POINT;
THENCE N48° 30'10"W, A DISTANCE, OF 337.01' TO A POINT;
THENCE N12° 52.50"W, A DISTANCE, OF 241.07' TO A POINT;
THENCE N05° 11'45"E, A DISTANCE, OF 91.37' TO A POINT;
THENCE N34° 25'50"E, A DISTANCE, OF 7093.94'TO A POINT;
THENCE S79° 16'33"E, A DISTANCE, OF 275.42' TO A POINT;
THENCE S15° 47'33"W, A DISTANCE, OF 7448.81 TO A POINT OF BEGINNING;
CONTAINING 273.46 ACRES, FROM RIVER ROAD TO THE 40 ARPENT LINE.
TOGETHER WITH THE BATTURE PROPERTY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF BEGINNING BEING A 2" MUSHROOM BOLT AT THE INTERSECTION FO THE NORTHERLY RIGHT OF WAY LINE OF RIVER ROAD AND THE LOWER NORTH: 547494.1319 AND EAST: 3557472.7791;
THENCE S15°47'33", A DISTANCE OF 900'+ TO THE MLW LINE OF THE MISSISSIPPI RIVER;
THENCE N77°01'04"W, A DISTANCE OF 259.67' TO A POINT;
THENCE S87°40'53"W, A DISTANCE OF 195.88' TO A POINT;
THENCE N69°04'24"W, A DISTANCE OF 482.46' TO A POINT;
THENCE N82°07'36"W, A DISTANCE OF 240.80' TO A POINT;
THENCE N57°15'07"W, A DISTANCE OF 351.36' TO A POINT;
THENCE S89°29'43"W, A DISTANCE OF 168.27' TO A POINT;
THENCE N68°50'02"W, A DISTANCE OF 187.95' TO A POINT;
THENCE N37°00'06"W, A DISTANCE OF 122.53' TO A POINT;
THENCE N50°08'42"W, A DISTANCE OF 337.51' TO A POINT;
THENCE N50°39'27"W, A DISTANCE OF 208.44' TO A POINT;THENCE N43°12'53"W, A DISTANCE OF 376.67' TO A POINT;
THENCE N45°04'17"W, A DISTANCE OF 302.62' TO A POINT;
THENCE N34°25'50"W, A DISTANCE OF 1053 + TO A POINT;
THENCE S05°11'45"W, A DISTANCE OF 91.37' TO A POINT;
THENCE S12°52'50"E, A DISTANCE OF 241.07' TO A POINT;
THENCE S48°30'10"E, A DISTANCE OF 337.01' TO A POINT;
THENCE S66°42'22"E, A DISTANCE OF 310.91' TO A POINT;
THENCE S72°22'12"E, A DISTANCE OF 132.66' TO A POINT;
THENCE S77°23'52"E, A DISTANCE OF 187.57' TO A POINT;
THENCE S68°05'22"E, A DISTANCE OF 240.76' TO A POINT;
THENCE S66°50'57"E, A DISTANCE OF 376.36' TO A POINT;
THENCE S66°10'02"E, A DISTANCE OF 425.97' TO A POINT;
THENCE S755043004E, A DISTANCE OF 233.77' TO A POINT;
THENCE N64°58'39"W, A DISTANCE OF 207.01' TO A POINT;
THENCE ALONG A CURVE TO LEFT HAVING A RADIUS OF 2225.38' AND A LENGTH OF 173.86; (S67°12'56"E, A CHORD DISTANCE, OF 173.82') TO THE POINT OF THE MISSISSIPPI RIVER.
(1) The Secretary of the parish council is instructed to file certified copies of the legal description, the survey of the industrial area, and this section with the clerk of the district court in both the mortgage and conveyance records; and
(2) The Secretary of the parish council is directed to furnish a certified copy this section to the petitioner, Entergy-Little Gypsy, and to the assessor, and to ask that the said assessor duly note the action of the parish council in the records of his office; and
(3) The Secretary of the parish council is instructed to provide a certified copy of this section to the State Department of Economic Development, Baton Rouge, Louisiana, and the State Department of Public Works, Baton Rouge, Louisiana; and,
(4) No portion of the industrial area may be included within a special service district hereafter created for the purpose of construction and cleaning streets, provided the industries located within the industrial area, individually, or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of the parish council so stating. The service provided for in this paragraph shall not apply to public streets and public roads within the industrial area; and,
(5) No portion of this industrial area may included within a special service district hereafter created for the purpose of street lighting, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of this parish council so stating; and,
(6) Nor portion of this industrial area may be included within a special service district hereafter created for the purpose of sewers and sewerage works, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of this parish council so stating; and,
(7) Nor portion of the industrial area may be included within a special service district hereafter created for the purpose of fire protection, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of this parish council so stating; and,
(8) No portion of the industrial area may be included within a special service district hereafter created for the purpose of garage and refuse collection and disposal, provided the industries located within the industrial area, individually or as a group, furnish and maintain such service as needed, and file an affidavit with the secretary of this parish council so stating; and,
- Administrative requirements:
- No industry located or in progress of being located within the boundaries of this industrial area shall have any of the privileges and immunities set forth in Act Number 406 of 1964, as amended by Act Number 505 of 1966, or this section unless and until that industry files with the secretary of the parish council a duly executed agreement to notify the parish council in writing immediately upon the discontinuance of the furnishing and/or maintenance of any one of all of the services to themselves which had been previously set forth in an affidavit filed by the industry with the parish council and to allow inspection by the parish council and to allow inspection by the parish council or any designee thereof, of the premises on which the industries claim, by affidavit duly filed, that they shall furnish and maintain any or all of the above enumerated services. Such inspection shall be made at reasonable times and the intervals and shall be limited to observation of the areas and/or facilities pertinent to the services which the industries claim, by duly filed affidavit, to be furnishing; and,
- The Secretary of the parish council is directed to file certified copies of all agreements filed with the secretary by companies in the industrial area with the assessor; and,
- This section shall, in no way, impair or restrict any agreement between industries located in this industrial area and the parish council and/or any municipality or municipalities situated therein, for mutual fire protection in grave emergencies.
- This section shall in no way, impair or restrict the parish council and/or any municipality or municipalities situated therein, from the enforcement of buffer zone requirements as contained in any zoning or land use base Code provision
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2008, 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: ________________________