St. Charles Parish - File #: 2016-0123

• File #: 2016-0123
• Version: 1
• Name: A.G. Opinion as to whether or not the Parish President, must execute the authorization set forth in the 2016 budget for professional services to raise and dispose of the sunken vessel Pretty Boy
• Type: Resolution
• Status: Failed
• File created: 3/21/2016
• In control: Parish Council
• On agenda: 3/21/2016
• Final action: 3/21/2016
• Title: A resolution requesting an Attorney General Opinion as to whether or not the Parish President, as Chief Executive Officer, must execute the authorization set forth in the 2016 budget adopted by the prior Parish Council for professional services to raise and dispose of the sunken vessel Pretty Boy located in Bayou Des Allemands in light of the newly elected Parish Council failing to approve two (2) unnecessary proposed ordinances that came before the Council to give its approval and acceptance of a Professional Disposal Services contract for removal and to dispose of the vessel and which would have authorized the Parish President to execute the contract documents.
• Sponsors: Paul J. Hogan, William Billy Woodruff
• Indexes: Attorney General, Des Allemands (Bayou), Town of, Sunken Vessels
• Related files: 2015-0472, 2015-0376, 2012-0075, 2010-0117, 2013-0210, 2015-0369, 2017-0079, 2016-0414, 2017-0096, 2017-0206, 2019-0205

Date	Ver.	Action By	Action	Result
7/14/2016	1	Council Member(s)	Correspondence Received
4/12/2016	1	Council Secretary	Correspondence Received
3/21/2016	1	Parish Council	Approved	Fail
3/21/2016	1	Parish Council	Failed
3/21/2016	1	Council Member(s)	Introduced

2016-0123
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B
WILLIAM BILLY WOODRUFF, COUNCILMAN, DISTRICT IV
RESOLUTION NO.
Title
A resolution requesting an Attorney General Opinion as to whether or not the Parish President, as Chief Executive Officer, must execute the authorization set forth in the 2016 budget adopted by the prior Parish Council for professional services to raise and dispose of the sunken vessel Pretty Boy located in Bayou Des Allemands in light of the newly elected Parish Council failing to approve two (2) unnecessary proposed ordinances that came before the Council to give its approval and acceptance of a Professional Disposal Services contract for removal and to dispose of the vessel and which would have authorized the Parish President to execute the contract documents.
Body
WHEREAS, Louisiana Revised Statute RS 34:843 provides for a procedure which local municipalities can follow with regards to the removal of sunken vessels from waterbodies within the State; and,
WHEREAS, AG Opinion 15-0173 stated "It is our opinion that La. R.S. 34:843 contemplates the nonstatic nature of sunken vessels and authorizes governmental entities such as St. Charles Parish to allocate funds when they see fit to remedy current or potential future navigation hazards or environmental/public health problems presented by sunken vessels"; and,
WHEREAS, on October 29, 2015, the prior Parish Council unanimously agreed to amend the proposed 2016 Parish Budget to provide funding in the amount of $30,000 to hire professional services to raise the sunken vessel Pretty Boy from the navigable waterway known as Bayou Des Allemands; and,
WHEREAS, on November 16, 2015, the prior Parish Council unanimously, by Councilmembers present, adopted the 2016 Parish Budget; and,
WHEREAS, AG Opinion 15-0041 advised that in Attorney General Opinion No. 14-0120, the AG recognized that a budget, once adopted by ordinance, becomes law and is presumed constitutional; and,...