2016-0381
INTRODUCED BY: LARRY COCHRAN, PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO. ___________
Title
An ordinance to approve and authorize the Lafourche Basin Levee District to expropriate the necessary real estate interest to a portion of land designated as Parcel 14-1-R-2 for the Sunset Drainage District Levee in St. Charles Parish, Louisiana, and to authorize the transfer of the necessary funding thereof.
Body
WHEREAS, the Parish of St. Charles has determined a public need to protect the property owners within the Sunset Drainage District from flooding of tidal water of the Gulf of Mexico with the West Bank Hurricane Protection Levee, Sunset Drainage District Levee, Burlington Northern Santa Fe Railroad to LA Highway 306, Paradis & Bayou Gauche, St. Charles Parish, Louisiana, STA. 830+00.00 to 962+07.17 (North) 10+00.00 (South) to 310+00.00 “Project”; and,
WHEREAS, the Parish of St. Charles has entered into a Cooperative Endeavour Agreement with the Lafourche Basin Levee District per Ordinance No. 09-8-2 on August 3, 2009 to acquire the necessary real estate interest to construct, operate, and maintain the project; and,
WHEREAS, it is necessary for Lafourche Basin Levee District to acquire the real estate interest from landowners for the Project without delay; and,
WHEREAS, the Parish of St. Charles and the Lafourche Basin Levee District are unable to identify an owner with clear and merchantable title to the real estate designated as Parcel 14-1-R-2; and,
WHEREAS, the potential owners of Parcel 14-1-R-2 include Chevron USA, Inc., St. Charles Parish, the Estate of Roy T. Boteler and Tierney & Associates, Inc. and any other interest as it may appear; and,
WHEREAS, the required real estate cannot be amicably acquired due to title defects which render the title unmerchantable and the Lafourche Basin Levee District is forced to expropriate Parcel 14-1-R-2 to acquire the required interests; and,
WHEREAS, Article 5, Item C of the Cooperative Endeavour Agreement states the decision to expropriate shall be at the sole discretion of the Parish of St. Charles as evidenced by written authorization of the Parish President and the transfer of funds required for deposit in the registry of the court prior to filing of the expropriation proceedings; and,
WHEREAS, the fair market value of the required real estate interest to be acquired for the Project designated as Parcel 14-1-R-2 has been established as $7,200 by the higher of two (2) appraisal reports prepared by licensed appraisers and reviewed by an independent third-party licensed appraiser.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That there is hereby a public need for the property designated as Parcel 14-1-R-2 to construct, maintain, and operate the Project.
SECTION II. That the Lafourche Basin Levee District is hereby authorized to expropriate the required real estate interest designated as Parcel 14-1-R-2 since an owner with clear and merchantable title cannot be identified.
SECTION III. That the Parish hereby authorizes the transfer of $7,200.00 in project funding to the Lafourche Basin Levee District for the expropriation of said property.
SECTION IV. That the Parish President is hereby authorized to execute any and all documents necessary to complete said expropriation on behalf of the Parish of St. Charles.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted the _______ day of ____________, 2016, 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: _____________________________