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File #: 2015-0376    Version: Name: Immediately Employ Special Legal Counsel to represent the SCPC in having a court of competent jurisdiction compel the PP to perform his legal obligation to enter into a contract, to raise and dispose the sunken vessel “Pretty Boy”
Type: Resolution Status: Postponed (Council Rule 8)
File created: 11/16/2015 In control: Parish Council
On agenda: 11/16/2015 Final action: 1/12/2016
Enactment date: Enactment #:
Title: A resolution to authorize the Council Chairman to immediately take the steps needed to employ Special Legal Counsel to represent the St. Charles Parish Council in having a court of competent jurisdiction compel the Parish President to perform his legal obligation to enter into a contract, prior to December 31, 2015, to perform a budgeted task which he is legally obligated to do, to raise and dispose the sunken vessel "Pretty Boy" from the Scenic Waterway Bayou Des Allemands 1) immediately following the passing of two (2) working days after the receipt of an AG opinion if it is received prior to the end of the day on November 16, 2015 and it confirms that the spending of the budgeted funds is not gratuitous spending of public funds, since the Parish President has advised the Council at the October 19, 2015 council meeting that he will not lift the vessel even if the AG opines that the expenditure of the budgeted funds is legal, or 2) upon not receiving a fully executed contract by 4:00 ...
Sponsors: Paul J. Hogan
Indexes: Legal Services (Dept. of), Sunken Vessels
Attachments: 1. 2015-0376 back-up, 2. 2015-0376 Failed Proposed Reso (10-19-15), 3. 2015-0376 Postponed Rule 8 Reso (1-12-16)
Related files: 2015-0472, 2017-0079, 2010-0117, 2015-0369, 2016-0414, 2012-0075, 2013-0210, 2016-0123, 2017-0096, 2017-0206, 2019-0205
2015-0376
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
RESOLUTION NO.
Title
A resolution to authorize the Council Chairman to immediately take the steps needed to employ Special Legal Counsel to represent the St. Charles Parish Council in having a court of competent jurisdiction compel the Parish President to perform his legal obligation to enter into a contract, prior to December 31, 2015, to perform a budgeted task which he is legally obligated to do, to raise and dispose the sunken vessel "Pretty Boy" from the Scenic Waterway Bayou Des Allemands 1) immediately following the passing of two (2) working days after the receipt of an AG opinion if it is received prior to the end of the day on November 16, 2015 and it confirms that the spending of the budgeted funds is not gratuitous spending of public funds, since the Parish President has advised the Council at the October 19, 2015 council meeting that he will not lift the vessel even if the AG opines that the expenditure of the budgeted funds is legal, or 2) upon not receiving a fully executed contract by 4:00 pm, November 18, 2015 should the AG opinion not be received prior to 4:00 pm, November 18, 2015, whichever occurs sooner.
Body
WHEREAS, on October 28, 2014, the Parish Council approved Amendment No. 7 which amended the proposed Consolidated Operating and Capital Budget for Fiscal Year 2015, to add $30,000.00 in Special Revenue Funds - Road & Drainage/Drainage (Account Number: 112-420260) - Operating Services/Drainage - Professional Services for raising and disposal of the vessel; and,
WHEREAS, on October 28, 2014, the Parish Council adopted Ordinance No. 14-10-20, which approved and adopted the appropriation of Funds for the St. Charles Consolidated Operating and Capital Budget for Fiscal Year 2015 which included the funds necessary to raise and dispose of the vessel; and,
WHEREAS, on March 16, 2015, the Parish Council adopted Resolution No. 6146, which requested an Attorney Genera...

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