2002-0326
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(DEPARTMENT OF FINANCE)
ORDINANCE NO.
Title
An ordinance authorizing and accepting an agreement with Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, Louisiana, regarding the future operation, maintenance and administration of a water line, authorizing the Parish President and Council Chairman to execute said agreement on behalf of the Parish and District, respectively, and providing for other matters in connection therewith.
Body
BE IT ORDAINED by the St. Charles Parish Council (the "Council"), acting as the governing authority of the Parish of St. Charles, State of Louisiana (the "Parish") and Consolidated Waterworks and Wasterwater District No. 1 of the Parish of St. Charles, State of Louisiana (the "District"):
1. SECTION That pursuant to the provisions of Part VII, Chapter 2, Title 33 of the Louisiana Revised Statutes of 1950, this Parish Council hereby accepts on behalf of the Parish and the District the agreement between Parish and District, hereinafter set out in this ordinance.
2. SECTION That the Parish President is hereby authorized and directed to execute said agreement for, on behalf of, in the name of and under the seal of the Parish.
3. SECTION That the Council Chairman is hereby authorized and directed to execute said agreement for, on behalf of, in the name of and under the seal of the District.
SECTION 4. That the form of said agreement shall be substantially as follows, to-wit:
STATE OF LOUISIANA
PARISH OF ST. CHARLES
This Agreement made and entered into this _______ day of _____________, 2002, by and between:
CONSOLIDATED WATERWORKS AND WASTEWATER DISTRICT NO. 1 OF THE PARISH OF ST. CHARLES, LOUISIANA (the "DISTRICT"), a political corporation and subdivision of the State of Louisiana, created, organized and existing under the laws of the State of Louisiana, herein represented by the Chairman of the St. Charles Parish Council (the "Council"), Mr. Clayton Faucheux, duly authorized in the premises pursuant to the provisions of an ordinance adopted by the Council, the governing authority thereof, on the 9th day of September, 2002, a certified copy of which is annexed hereto and made a part hereof,
and
PARISH OF ST. CHARLES, STATE OF LOUISIANA (the "PARISH"), a political subdivision of the State of Louisiana, operating under a Home Rule Charter, herein represented by its Parish President, Albert D. Laque, duly authorized in the premises, pursuant to the provisions of an ordinance adopted by the Council, the governing authority of said Parish, on the 9th day of September, 2002, a certified copy of which is annexed hereto,
WITNESSETH:
WHEREAS, the Local Services Law (Part VII, Chapter 2, Title 33 of the Louisiana Revised Statutes of 1950) provides that in order to encourage greater economy and efficiency in the operation of local services, special districts and cities may engage jointly in the exercise of any power or function, including the construction or acquisition or improvement of any public project or improvements or the promotion and maintenance of any undertaking which any of the participating authorities may exercise or take individually under the provisions of the general or special laws, including specifically water services; and
WHEREAS, a dire necessity exists regarding the availability of water in a certain portion of the West Bank of the PARISH and DISTRICT; and
WHEREAS, the PARISH and DISTRICT have concurrent boundaries and concurrent powers to provide water service within the PARISH and DISTRICT; and
WHEREAS, the PARISH wishes to provide for the acquisition and construction of a ten inch (10") polyethylene water line (the "Water Line") to be constructed on the West Bank of St. Charles Parish from a point located at or near 29º 54' 57" N, 90º 17' 53" W to a point located at or near 29º 55' 55" N, 90º 18' 08" W; and
WHEREAS, the DISTRICT presently maintains and operates the water system in the PARISH and sets and collects all charges and rates levied in connection with the use and operation of the said water system; and
WHEREAS, the PARISH has no staff experienced in constructing, maintaining and operating a water line or system; and
WHEREAS, the DISTRICT has advertised for construction bids to construct the Water Line and has awarded a contract for the construction of such Project to Fleming Construction Co Inc.
WHEREAS, the PARISH wishes to encourage the DISTRICT to construct the proposed Water Line and to administer and operate the line as part of the combined parishwide waterworks system; and
WHEREAS, it is essential that the PARISH convey to DISTRICT all right, power and privilege to administer, maintain and operate the Water Line and to pledge and otherwise use the revenues derived from such operation including the levy of rates and charges so that the DISTRICT can issue revenue bonds from time to time for the purpose of constructing improvements to its water system; and
WHEREAS, it is expected that the cost of constructing the Water Line will not exceed $520,000, including rights of way and engineering costs;
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth to be kept and performed by the parties hereto, it is agreed by and between the parties as follows:
I.
DISTRICT agrees to pursue with due diligence the construction and acquisition of the Water Line.
I.
PARISH agrees to pay all costs of construction and acquisition of the Water Line, including engineering and rights of way costs. DISTRICT shall submit to PARISH Director of Finance statements of cost to be honored by PARISH and PARISH shall pay said statements from general funds available at that time.
I.
PARISH hereby sells, grants, bargains, conveys, transfers, sets over, assigns, abandons and delivers to DISTRICT all right, title and interest in the Water Line. DISTRICT will administer, operate and maintain same and levy and collect all necessary rates and charges for its own account and shall provide water service to the residents of PARISH. DISTRICT'S obligation of administration, maintenance and operation shall include the responsibility for the upkeep, repair, maintenance and replacement of all equipment, constructions and structures as necessary, including insurance of all kinds and in the amounts normally carried by public utility companies engaged in the operation of water systems and adequate public liability insurance, in order to hold PARISH harmless against any liability which may be incurred with respect to the operation and maintenance of the system. DISTRICT is hereby empowered and authorized to mortgage, lease, pledge or otherwise encumber the Water Line as part of the parishwide water system of the DISTRICT.
I.
DISTRICT may sell any part of the system deemed unnecessary for the quality operation of the DISTRICT System and may utilize the proceeds for such needs of the DISTRICT as its governing authority may determine. It is the intention of the parties hereto that DISTRICT shall have every right and authority to administer, operate and maintain the Water Line as owner and possessor and to the extent any right or authority regarding the Water Line not transferred to DISTRICT by this document, then DISTRICT is hereby appointed agent to act on behalf of PARISH in connection with such right or authority and is authorized to retain the avails or fruits of the exercise of such right or authority.
THUS DONE, EXECUTED AND SIGNED in multiple counterparts, in my office at Hahnville, Louisiana, on the day, month and year herein first above written, in the presence of ______________________ and ______________________, competent witnesses, who hereunto signed their names with the said appearers and me, Notary, after reading of the whole.
WITNESSES: CONSOLIDATED WATERWORKS AND WASTEWATER DISTRICT NO. 1 OF THE PARISH OF ST. CHARLES, LOUISIANA
____________________________
By: ______________________________
Council Chairman
____________________________
PARISH OF ST. CHARLES, STATE OF LOUISIANA
____________________________
By: ___________________________
Parish President, Parish
____________________________ of St. Charles, Louisiana
______________________________
NOTARY PUBLIC
SECTION 4. That the Parish President and Chairman of the Council are hereby authorized and directed to execute the agreement set forth in Section 4 hereof. This ordinance having been submitted to a vote, the vote thereon was as follows:
Vote
This ordinance having been submitted to a vote, the vote thereon was as follows:
And the Ordinance was declared adopted on this, the 9th day of September, 2002, 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: ______________________
STATE OF LOUISIANA
PARISH OF ST. CHARLES
I, the undersigned Secretary of the St. Charles Parish Council, do hereby certify that the foregoing pages constitute a true and correct copy of an ordinance adopted by the St. Charles Parish Council on September 9, 2002, accepting an agreement with Consolidated Waterworks and Wastewater District No. 1 of the Parish of St. Charles, Louisiana, regarding the future operation, maintenance and administration of a water line, authorizing the Parish President and Council Chairman to execute said agreement on behalf of the Parish and District, respectively, and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said District at Hahnville, Louisiana, on this, the 9th day of September, 2002.
_______________________________
(SEAL) Secretary