RESOLUTION NO. 744 OF 2011
RESOLUTION NO. 744 OF 2011
RESOLUTION AUTHORIZING CITY OF RUSTON, LOUISIANA, TO ACQUIRE PROPERTY AND TO INSTITUTE EXPROPRIATION ACTIONS NECESSARY FOR CONSTRUCTION AND COMPLETION OF FY 2009 LCDBG SANITARY SEWER SYSTEM IMPROVEMENTS PROJECT IN THE CITY OF RUSTON, LOUISIANA
WHEREAS, the City of Ruston, Louisiana (the “City”), has declared the construction of infrastructure improvements to FY 2009 LCDBG Sanitary Sewer System Improvements (the “Project”), to represent a public purpose, as contemplated by LSA-R.S. 19:135, et seq. and other applicable laws of the State of Louisiana, and that expropriating property is within the purpose for which the City is organized; and,
WHEREAS, the Project will require the acquisition of parcels of properties specifically including, but not limited to, parcels or tracts of land from the following property parcels/tracts:
Parcel No. Owner
1-1 Kenny S. Crump & Shirley E. C. Crump
1-2 Regency Interstate Gas, L.L.C.
1-3 Louisiana State Board of Education
2-1 Regency Interstate Gas, L.L.C.
2-2 Kenny S. Crump & Shirley E. C. Crump
3-1 Glenda G. Webb
3-2 Sexton Enterprises
5-1 Kenny S. Crump & Shirley E. C. Crump
5-2 C. Bickham Dickson
5-3 Richard D. & Helen R. Womack
5-3-A-1 Richard D. & Helen R. Womack
5-4 John David & Deborah Martin
6-1 Kenny S. Crump
6-2 Judith Ann Martin & Sharon Martin McGuire
7-1 Louisiana State Board of Education
and, WHEREAS, in the event that the offers of compensation for the acquisition of the necessary property interests in such parcels of property are not accepted by any property owner, and a voluntary agreement and/or settlement for the acquisition of said property interests cannot be reached on any of said property parcels listed above, then in that event the City, acting under the authority of and in a manner authorized by Article 1, Section 4 of the Constitution of the State of Louisiana (1974) and LSA-R.S. 19:135, et seq. and/or LSA-R.S. 48:411, et seq. or any other applicable laws of the State of Louisiana, desires to acquire said property interests by expropriation pursuant to applicable law;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. The City is authorized to acquire all property interests necessary to facilitate construction and completion of the Project.
§2.The City is authorized to institute and file any necessary expropriation or taking actions related to the Project in the proper court of law by attorneys representing the City pursuant to LSA-R.S. 19:135, et seq. and/or LSA-R.S. 48:441, et seq. or any other applicable laws of the State of Louisiana, and that such expropriation or taking is necessary and useful for the purposes of LSA-R.S. 19:135, et seq. and other applicable laws of the State of Louisiana.
§3. The Mayor, Dan Hollingsworth, is authorized and empowered to execute all conveyance instruments, including purchase agreements, acts of sale, acts of donation, rights of way or servitude agreements, related to the Project, and to execute any and all other documents necessary to complete said Project, and to pursue any necessary expropriation actions related to the Project, whether or not involving the property tracts and/or owners referred to herein, and to execute any documents pursuant to such terms and conditions as he shall deem advisable, and he is authorized to execute any other documents related to the Project and do any and all things necessary and proper to carry out this Resolution and to fulfill its objects and purposes.
§4. If any one or more of the provisions of this Resolution shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provision enacted after the date of this Resolution which validates or makes legal any provision of this Resolution which would not otherwise be valid or legal, shall be deemed to apply to this Resolution.
§5. This Resolution shall become effective upon signature of the Mayor.
Said Resolution having been read and considered by a quorum of the Board of Aldermen, on motion to adopt by Alderwoman Glenda Howard, seconded by Alderman Jedd Lewis, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE S. RIGGS
WHEREUPON, the presiding officer declared the above Resolution duly adopted in full on this the 6th day of June, 2011.
EMMETT GIBBS, CLERK
DAN HOLLINGSWORTH, MAYOR
1td:June 17, 2011