2024-0410
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO. ___________
Title
An ordinance approving and authorizing the execution of a Cooperative Endeavor Agreement between the Pontchartrain Levee District (PLD) and St. Charles Parish (Parish), agreeing to transfer ownership and at which time St. Charles Parish will assume all maintenance, repairs and operations of the Cross Bayou Pump Station.
Body
WHEREAS, the PLD and the Parish have shared in the local non-federal sponsor’s share on a basis of eighty (80%) percent to PLD and twenty (20%) percent to the Parish for the construction of the “ST. CHARLES PARISH LEVEE PROJECT”; and,
WHEREAS, in addition to the earthen levees, roads, and ramps, there are certain structures, including drainage structures, flood gate structures, sheet pile/concrete flood walls, and pump stations that have been constructed within the “ST. CHARLES PARISH LEVEE PROJECT” that require continued operation, maintenance, repair, replacement, and rehabilitation; and,
WHEREAS, Ordinance No. 16-7-4 adopted on July 5, 2016, by the St. Charles Parish Council, approved and authorized the execution of the Cooperative Endeavor Agreement between The Pontchartrain Levee District (PLD) and St. Charles Parish (Parish), which supersedes and replaces the Cooperative Endeavor Agreements between the PLD and the Parish executed by the PLD and the Parish on January 16, 2001, and January 10, 2001, respectively, for overall maintenance of certain structures constructed within the “ST. CHARLES PARISH LEVEE PROJECT”; and,
WHEREAS, the PLD and the Parish desire to transfer ownership of the CROSS BAYOU PUMP STATION, including any necessary immovable and movable property, and all servitude rights to St. Charles Parish, along with all permits, through the execution of an Act of Donation; and,
WHEREAS, the PLD and the Parish have performed a comprehensive “walk down/inspection” to identify maintenance and repairs that are necessary for the upkeep and operation of the CROSS BAYOU PUMP STATION. Additionally, PLD and the Parish requisitioned a report entitled “St. Charles Parish Cross Bayou Stormwater Pump Station Upgrade” dated October 19, 2021, and prepared by WSP, for the design, labor and materials, and for specific repairs and maintenance items of the CROSS BAYOU PUMP STATION; and,
WHEREAS, in consideration of the ongoing obligations and responsibilities of the parties along with the above referenced necessary maintenance and repairs pertaining to the CROSS BAYOU PUMP STATION, PLD and the Parish have agreed to a transfer of ownership and operation of the CROSS BAYOU PUMP STATION, including any necessary immovable and movable property, and all servitude rights to St. Charles Parish, along with all permits, through an Act of Donation and any other necessary transfer documentation.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Cooperative Endeavor Agreement between the Pontchartrain Levee District (PLD) and St. Charles Parish (Parish), agreeing to transfer ownership and at which time St. Charles Parish will assume all maintenance, repairs and operations of the Cross Bayou Pump Station is hereby approved and accepted.
SECTION II. That the Parish President is hereby authorized to execute any and all documents necessary to complete said Cooperative Endeavor Agreement and to transfer ownership of Cross Bayou Pump Station in accordance with the terms and conditions set out in said Agreement.
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: