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ST. TAMMANY PARISH COUNCIL

ORDINANCE

ORDINANCE CALENDAR NO. 2844     ORDINANCE COUNCIL SERIES NO. 04-

COUNCIL SPONSOR BRISTER//PRESIDENT PROVIDED BY: PLANNING
INTRODUCED BY MR. STEFANCIK     SECONDED BY MR. THOMPSON

ON THE 6TH DAY OF MAY 2004

         ORDINANCE TO REVOKE BERRY AVENUE STREET
        RIGHT-OF-WAY LOCATED IN PINECREST SUBDIVISION,
        WARD 7, DISTRICT 7

     WHEREAS, the petitioner, who owns property abutting the aforementioned Parish street right-of-way, has petitioned the St. Tammany Parish Council to revoke/alienate Berry Avenue located in Pinecrest Subdivision, in the vicinity of Lacombe, Louisiana; and

     WHEREAS, the Departments of Public Works, Engineering, and Planning have reviewed and researched said request and have reported their findings to the St. Tammany Parish Planning Commission; and

     WHEREAS, the St. Tammany Parish Planning Commission, upon review of said petition, and after having considered all of the facts relevant to this request, has concluded that said street right-of-way is no longer needed for public purposes as defined pursuant to statutory law, and therefore recommends to the Parish Council the adoption of the proposed revocation request.

     THE PARISH OF ST. TAMMANY HEREBY ORDAINS, that it hereby concurs with the findings of the Planning Commission and therefore grants approval of the revocation/alienation request for the street right-of-way as referred to above, subject to the following:

     SECTION I: The petitioner, or any other adjacent property owner who wishes to participate, shall enter into a private cash sale with the Parish to conclude the revocation/alienation process, as set forth in P.J. Ord. No. 93-1700, and in accordance with the provisions of L.R.S. 48:720 and 48:725.

     SECTION II: All subsurface mineral rights therein shall be retained by St. Tammany Parish, unless otherwise stated within this ordinance; and the Parish shall reserve the right to retain any easements and/or servitudes existing at the time of revocation and may also require the establishment of same if the Parish deems it necessary.

    REPEAL:
All ordinances or parts of Ordinances in conflict herewith are hereby and henceforth repealed.

    SEVERABILITY: If any provision of this Ordinance is held to be invalid, such invalidity shall not affect other provisions herein which can be given effect without the invalid provisions, and to this end the provisions of this Ordinance are hereby declared to be severable.

    EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.

MOVED FOR ADOPTION BY: , SECONDED BY:


                        ORDINANCE CALENDAR NO. 2844
                        ORDINANCE P.C. SERIES NO.                         PAGE NO. 2 OF 2

WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN

THE FOLLOWING:

YEAS:

NAYS:

ABSTAIN:

ABSENT:

THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING OF THE PARISH

COUNCIL ON THE DAY OF , 2004; AND BECOMES

ORDINANCE COUNCIL SERIES NO. 04- .

                        
                        

                        PATRICIA BRISTER, COUNCIL CHAIRMAN
                            

ATTEST:


DIANE HUESCHEN, COUNCIL CLERK

                        
                        
KEVIN C. DAVIS, PARISH PRESIDENT

Published introduction , 2004
Published adoption , 2004

Delivered to the Parish President , 2004 at
Returned to the Council Clerk on , 2004 at