2014-0162
INTRODUCED BY: V.J. ST. PIERRE, JR., PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO.
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An ordinance to approve and authorize the Lafourche Basin Levee District to purchase and/or expropriate the necessary real estate interests to construct the West Bank Hurricane Protection Levee, Phase I - Magnolia Ridge, St. Charles Parish, Louisiana, and to authorize the transfer of the necessary funding thereof.
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WHEREAS, the parish has determined a Public need to protect the property owners of the Magnolia Ridge area from flooding of tidal water of the Gulf of Mexico with the Construction of the West Bank Hurricane Protection Levee, Phase I - Magnolia Ridge "Project"; and,
WHEREAS, the Parish of St. Charles has entered into a Cooperative Endeavor Agreement with the Lafourche Basin Levee District per Ordinance No. 09-8-2 on August 3, 2009 to acquire the necessary real estate interests to construct the Project; and,
WHEREAS, it is necessary for Lafourche Basin Levee District to acquire the necessary real estate interests from landowners to begin construction of the Project without delay; and,
WHEREAS, the Lafourche Basin Levee District has provided just compensation offers and been negotiating in good faith with the landowner Fahrig Sons, LLC to acquire the necessary real estate interests at fair market values established by two (2) certified independent appraisals, but the landowners have refused to grant the necessary rights to the Lafourche Basin Levee District; and,
WHEREAS, Article 5, Item C of the Cooperative Endeavor 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...
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