2015-0184
INTRODUCED BY: V.J. ST. PIERRE, JR., PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO. _____________
Title
An ordinance to approve and authorize the Lafourche Basin Levee District to purchase and/or expropriate the necessary real estate interest to a portion of land owned by Karen Majoria Gervais, et al, designated as Parcels 6-2 and 6-2-A-1 for the West Bank Hurricane Protection Levee, Phase III - Ellington, St. Charles Parish, Louisiana, Sta. 10+00.00 to Sta. 170+62.80, 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 of the Ellington Plantation Subdivision from flooding of tidal water of the Gulf of Mexico with the construction of the West Bank Hurricane Protection Levee, Phase III - Ellington, St. Charles Parish, Louisiana, Sta. 10+00.00 to Sta. 170+62.80 "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 the project; and,
WHEREAS, it is necessary for Lafourche Basin Levee District to acquire the identified real estate interest from landowners to begin construction of the Project without delay; and,
WHEREAS, the Lafourche Basin Levee District will provide just compensation offers and negotiate in good faith with the landowners, Karen Majoria Gervais, et al, to acquire the necessary real estate interest to Parcels 6-2 and 6-2-A-1 at fair-market values established by two (2) certified independent appraisals; and,
WHEREAS, in the event the landowners refuse to grant the necessary rights and the required real estate cannot be amicably acquired, the Lafourche Basin Levee District will be forced to expropriate to acquire the 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 as evidenced by written authorization of the Parish President and the transfer of funds required for deposit in the registry of the court delivered by the Parish to the Lafourche Basin Levee District prior to filing of the expropriation proceedings; and,
WHEREAS, the fair market value of the required real estate interest that needs to be acquired for the West Bank Hurricane Protection Levee, Phase III - Ellington, as established by two (2) licensed MAI appraisers and reviewed by an independent third-party licensed MAI Appraiser, is $3,700.00.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That there is hereby a public need for the above described property to construct and maintain the West Bank Hurricane Protection Levee, Phase III - Ellington.
SECTION II. That the Lafourche Basin Levee District is hereby authorized to purchase and/or expropriate the necessary real estate interest to a portion of land owned by Karen Majoria Gervais, et al, designated as Parcels 6-2 and 6-2-A-1 for the West Bank Hurricane Protection Levee, Phase III - Ellington, St. Charles Parish, Louisiana, Sta. 10+00.00 to Sta. 170+62.80.
SECTION III. That the Parish hereby authorizes the transfer of $3,700.00 in project funding to the Lafourche Basin Levee District for the acquisition of said property.
SECTION IV. That the Parish President is hereby authorized to execute any and all documents necessary to complete said purchase and/or expropriation on behalf of St. Charles Parish.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted the _______ day of ____________, 2015, 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: _____________________________