2015-0369
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
ORDINANCE NO.
Title
An ordinance instructing the Parish President to enter into a contract to perform a budgeted task, which he is legally obligated to do, and that it be done within fourteen (14) days following the Council’s passing of this ordinance, and that the contract be entered into with Couvillion Group, LLC in the amount of $29,000 which is the amount the Administration received in a bid it had requested and received and that it utilize the $30,000 allotted in the 2015 Parish budget to perform the budgeted task of raising and disposing the sunken vessel “Pretty Boy” from the Scenic Waterway Bayou Des Allemands, and to authorize the employment of Special Legal Counsel to be selected by the Council Chairman for the purpose of 1) taking any and all legal action required on behalf of the St. Charles Parish Council in order to have a court of competent jurisdiction compel the Parish President to perform his legal obligation related to this matter should the Parish President not provide the Council with an executed contract with Couvillion Group, LLC within the time allotted above, and/or 2) to defend the St. Charles Parish Council should the Parish President elect to file suit against the St. Charles Parish Council as a result of the passing of this ordinance or any legal action required as a result of anything having to do with any of the subject matter noted above or contained within the following whereas’, and be it known that the St. Charles Parish Council does hereby deem and declared that any part of this ordinance not found to be invalid by an agency or authority shall not invalidate the remaining portions of this ordinance.
Body
WHEREAS, the sunken vessel Pretty Boy (the vessel) has been an eye sore to the residents in the vicinity of the sunken vessel and to the visitors to our Parish for more than six (6) years now; and,
WHEREAS, the Parish Council has received a petition from 78 nearby residents requesting that the Parish President take legal action to dispose of the vessel; and,
WHEREAS, all nearby residents, except for relatives of the vessel's owner, were anxious to sign the petition and questioned why has it taken this long to have the sunken vessel addressed; and,
WHEREAS, on September 12, 2014, the Parish received a quote from Couvillion Group, LLC in the amount of $23,000 to raise and dispose of the vessel; and,
WHEREAS, on October 28, 2014, the Parish Council approved Amendment No. 7 which amended the proposed Consolidated Operating and Capital Budget for Fiscal Year 2015, to add $30,000.00 in Special Revenue Funds - Road & Drainage/Drainage (Account Number: 112-420260) - Operating Services/Drainage - Professional Services for raising and disposal of the vessel; and,
WHEREAS, on October 28, 2014, the Parish Council adopted Ordinance No. 14-10-20, which approved and adopted the appropriation of Funds for the St. Charles Consolidated Operating and Capital Budget for Fiscal Year 2015 which included the funds necessary to raise and dispose of the vessel; and,
WHEREAS, on March 16, 2015, the Parish Council adopted Resolution No. 6146, which requested an Attorney General Opinion as to the steps and/or actions it has at its disposal to have a project for which funds have been appropriated and approved in the Parish budget implemented; and,
WHEREAS, the Attorney General has issued Opinion 15-0041 which opined that the Parish President must execute the authorizations set forth in the budget; and,
WHEREAS, on May 10, 2015, Couvillion Group, LLC, a professional service provider, confirmed that the $23,000 quote provided and which was used during the budget hearing was still valid; and,
WHEREAS, the amount that was budgeted was $7,000 in excess of the amount needed so as to have sufficient funds available should any unforeseen issues arise with the raising and disposal of the vessel; and,
WHEREAS, the Parish President has refused to secure a professional service provider stating his belief that the appropriated amount, which is $7,000 more than what is needed, is insufficient; and,
WHEREAS, it is ironic that the extra $7,000 was added at the request of the Parish Administration which now says that $7,000 more than what is needed to do the project is insufficient; and,
WHEREAS, the Parish President subsequently requested bids to dispose of the vessel and it received a quote in the amount of $29,000 from Couvillion Group to dispose of the vessel which is under the budgeted amount; and,
WHEREAS, the Administration has indicated that it refuses to spend the funds allotted based upon his wanting assurances from the Attorney General’s (AG) office in the form of an opinion that the spending of the funds is proper; and,
WHEREAS, the Administration is concerned that the spending of these funds may be considered gratuitous spending of the public funds for the benefit of a private landowner in violation of La. Const. art. VII, Sec. 14.; and,
WHEREAS, an AG opinion often takes months, of which it is the belief of the Council based upon the discussion at a committee meeting held on this subject, that the intent behind the request for an AG opinion is to have 2015 expire without the funds being spent such that the funds are no longer available to dispose of the vessel; and,
WHEREAS, RS 34:843 sets forth procedures regarding the removal of any unattended, stored, junked, or abandoned vessel in any canal, coulee, drainage ditch, outfall canal, bayou, bay, lake, or any other waterway, whether navigable or not, or on the banks thereof within the State of Louisiana; and,
WHEREAS, the vessel is located in State waters and not on private property and therefore it is the belief of this Council that the expenditure of the allotted funds is not in violation of La. Const. art. VII, Sec. 14; and,
WHEREAS, should the Parish President fail to provide a signed contract within the 14 days noted above, the issue of the spending of the funds being proper or not can be settled by the Court instead of just getting an opinion from the AG which is just an opinion; and,
WHEREAS, based upon the funds appropriated, the Parish Home Rule Charter, the Attorney General Opinions, and the Parish President’s refusal to execute an authorization set forth in the budget to which he is required by law to execute, the St. Charles Parish Council desires that the Parish President enter into an agreement with Couvillion Group, LLC in a timely manner to raise the vessel in accordance with the provisions and authorization provided by State law (LA R.S. 34:843); and,
WHEREAS, the Parish Council prays that the Parish President will follow his legal obligations so as to avoid having to have this issue settled by a court of competent jurisdiction as would be the next step per the AG opinion.
NOW, THEREFORE BE IT ORDAINED, THAT WE, THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby instruct the Parish President to enter into a contract to perform a budgeted task, which he is legally obligated to do, and that it be done within fourteen (14) days following the Council’s passing of this ordinance, and that the contract be entered into with Couvillion Group, LLC in the amount of $29,000 which is the amount the Administration received in a bid it had requested and received and that it utilize the $30,000 allotted in the 2015 Parish budget to perform the budgeted task of raising and disposing the sunken vessel “Pretty Boy” from the Scenic Waterway Bayou Des Allemands, and to authorize the employment of Special Legal Counsel to be selected by the Council Chairman for the purpose of 1) taking any and all legal action required on behalf of the St. Charles Parish Council in order to have a court of competent jurisdiction compel the Parish President to perform his legal obligation related to this matter should the Parish President not provide the Council with an executed contract with Couvillion Group, LLC within the time allotted above, and/or 2) to defend the St. Charles Parish Council should the Parish President elect to file suit against the St. Charles Parish Council as a result of the passing of this ordinance or any legal action required as a result of anything having to do with any of the subject matter noted above or contained within the following whereas’, and be it known that the St. Charles Parish Council does hereby deem and declared that any part of this ordinance not found to be invalid by an agency or authority shall not invalidate the remaining portions 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 , 2015, to become effective five (5) days after publication in the Official Journal.
2015-0369 raise vessel - hire attorney (9-28-15) (I_10-5-15)
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: ____________________________