2024-0283
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF ECONOMIC DEVELOPMENT AND TOURISM)
RESOLUTION NO. ___________
Title
A resolution authorizing the publication of a notice of intention to create Highway 90 Economic Development District No. 1 of the Parish of St. Charles, State of Louisiana, under the authority of Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended; providing for the employment of special counsel; and providing for other matters in connection therewith.
Body
WHEREAS, Part II, Chapter 27, Title 33 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 33:9038.31, et seq.) (the "EDD Act") authorizes municipalities, parishes and certain other local governmental subdivisions to create economic development districts to carry out the purposes of the EDD Act, which economic development districts are political subdivisions of the State of Louisiana and possess such power and authority and have such duties as provided by the EDD Act and other law; and,
WHEREAS, the Parish of St. Charles, State of Louisiana (the "Parish"), acting through this Parish Council as its governing authority, desires to avail itself of the EDD Act to create an economic development district to be called "Highway 90 Economic Development District No. 1 of the Parish of St. Charles, State of Louisiana" (the "District"); and,
WHEREAS, in accordance with the EDD Act, particularly La. R.S. 33:9038.32(C), the Parish now desires to give notice of its intention and to hold a public hearing relative to the proposed creation of the District, and to authorize the publication of a Notice of Intent including a description of the boundaries of the District and containing a map showing the boundaries of the District.
NOW THEREFORE, BE IT RESOLVED THAT THE ST. CHARLES PARISH COUNCIL, hereby provides:
SECTION ONE: Intention to Create Economic Development District. In accordance with the EDD Act, and particularly La. R.S. 33:9038.32, the Parish does hereby give notice of its intention to create an economic development district to be called "Highway 90 Economic Development District No. 1 of the Parish of St. Charles, State of Louisiana.” It is intended that the District shall initially have the same boundaries as the Highway 90 Corridor Overlay Zone, which is added to the St. Charles Parish Zoning Ordinance of 1981 by Ordinance No. 24-8-2, and is comprised of all lots either directly abutting or accessed from U.S. Highway 90 between the I-310 North on-ramp in Boutte and Willowdale Boulevard in Luling, and additional properties identified and further described herein. The proposed economic development district shall have the boundaries described in Exhibit A to this resolution.
SECTION TWO: Notice of Intention. The Secretary of the Council is authorized and directed to publish a notice of intention, in substantially the following form, which notice shall be published two (2) times in the Parish's official journal prior to the public hearing described therein:
* * * * *
NOTICE OF INTENTION TO CREATE AN
ECONOMIC DEVELOPMENT DISTRICT
IN THE PARISH OF ST. CHARLES, STATE OF LOUISIANA
NOTICE IS HEREBY GIVEN that the St. Charles Parish Council (the “Council”), acting as the governing authority of the Parish of St. Charles, Louisiana (the “Parish”), proposes to consider the adoption of an ordinance, pursuant to La. R.S. 33:9038.32, creating an economic development district within the Parish to be called "Highway 90 Economic Development District No. 1 of the Parish of St. Charles, State of Louisiana" (the "District").
NOTICE IS HEREBY FURTHER GIVEN that the Council will meet in open and public session on Monday, September 9, 2024, at six o'clock (6:00) p.m., at the Council Chambers, 15045 River Road, in Hahnville, Louisiana, to hear any objections to the creation of the District as described above.
A description of the boundaries of the proposed District, and a map of the proposed District, are as follows:
[LEGAL DESCRIPTION & MAP, AS SHOWN IN
EXHIBIT A TO THIS RESOLUTION, TO BE
ATTACHED TO NOTICE IN PUBLICATIONS]
It is intended that the said District shall initially have the same boundaries as the Highway 90 Corridor Overlay Zone, which is added to the St. Charles Parish Zoning Ordinance of 1981 by Ordinance No. 24-8-2, and is comprised of all lots either directly abutting or accessed from U.S. Highway 90 between the I-310 North on-ramp in Boutte and Willowdale Boulevard in Luling, and additional properties identified and further described in Exhibit A.
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SECTION THREE: Public Hearing. At the date, time and place mentioned in the aforesaid Notice of Intention, or at such other time and place as may be determined by the Council Chairman and properly advertised, this Governing Authority will meet in open and public session, to hear any objections to the proposed creation of the District, and may consider the adoption of an ordinance creating the District.
SECTION FOUR: Authorization of Officers. The Chairman and the Secretary of the Council are hereby authorized and empowered to do all acts, sign any and all instruments or documents, and do all things necessary and proper in order to carry out the purpose and provisions of this resolution.
SECTION FIVE: Employment of Special Counsel. This governing authority finds and determines that a real necessity exists for the employment of special counsel in connection with the creation of the District and in connection with the creation and administration of any future economic development districts pursuant to La. R.S. 33:9038.31, et seq., including the levy by such districts, when applicable, of any taxes, and the negotiation, approval and execution of any necessary cooperative endeavor agreement(s). Accordingly, Adams and Reese LLP, of New Orleans, Louisiana, are hereby employed as special counsel to the Parish in connection with the foregoing. Said special counsel shall prepare and submit to this governing authority for adoption all of the proceedings incidental to the foregoing, and shall counsel and advise the Parish and the said economic development districts. The Parish President is authorized to negotiate and enter into written contract(s) and an Engagement Letter(s) with special counsel in connection with the foregoing matters in substantially the form attached hereto as Exhibit B. Unless further adjusted by this Parish Council and approved by the Louisiana Attorney General, special counsel services rendered under this section shall be calculated using the 2024 Maximum Hourly Fee Schedule for profession legal services approved by the Louisiana Attorney General.
SECTION SIX: Effective Date. As provided by Article IV, Section C, Subsection 2 of the Parish’s Home Rule Charter this resolution shall be presented to the Parish President for his approval and shall become effective immediately upon such approval.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution 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: