ORDINANCE CALENDAR NO. 2812 ORDINANCE COUNCIL SERIES NO.
INTRODUCED BY: SECONDED BY:
WHEREAS, the Parish Council, through Resolution Council Series No. C-0562, adopted on July 11,
2002 has recommended that the properties be declared surplus and no longer needed for public purposes; and
WHEREAS, a request has been received by the Executive Counsel to the Parish President
WHEREAS, no written opposition or higher offer has been filed with the Office of the Parish
President; and
WHEREAS, the Parish Council desires to re-submit this Ordinance without the need to re-advertise
the Notice of Intention to Sell, but merely to reestablish the effective date of this Ordinance, and
WHEREAS, the Parish Council declares that all bidding is closed and final, but for and excluding
those properties/parcels wherein there exists two(2) or more qualified bidders, and
WHEREAS, this Parish is of the opinion that these properties are surplus and no longer needed for
public purposes and that it would be in the public interest to convey said properties for the offered
consideration.
Section 1. Lot 556, Moonraker Subdivision, Phase 3-D, Slidell, Louisiana, are hereby declared
to be surplus and no longer needed for public purpose.
Section 2. Fifteen days after the final adoption of this ordinance, if no restraining order has
been obtained, the Parish President is authorized to execute an act of cash sale in which the Parish of St.
Tammany conveys said properties to the highest bidder, in consideration of a sum in excess of the Council
approved acceptance plus any and all associated costs. However, the Parish President shall not execute the
act of cash sale until certification that:
A A)
Purchaser has certified in writing to the Office of the Parish President that purchaser
or his agent has examined the mortgage records, conveyance records, probate and civil
suit records of the Clerk of Court of St. Tammany Parish and attached to the
certification a written list of the names and last know addresses off all owners,
mortgagees, and any other person who might have a vested or contingent interest in the
property, or who has filed a request for notice as provided in LA-R.S. 47:2261. Said
written certification shall contain an indemnification and hold harmless clause by the
purchaser in favor of the Parish of St. Tammany, its officers, agents and employees
if the purchaser should fail to request notification to an interested party or should
incorrectly identify or locate any interested party.
Section 4. This act of sale shall be without any warranty or recourse whatsoever (including
warranty of title), even for the return or any reduction of the purchase price, but with subrogation to all rights
and actions of warranty Parish of St. Tammany may have, and such sale shall contain such warranty
limitations and other provisions as are required by the Office of the Parish President. The Parish of St.
Tammany shall reserve all oil, gas and other mineral rights in and to the property to be conveyed, but shall
convey the surface rights of the said property. The Parish does not guarantee good and merchantable title.
Section 5. If construction of a new residence on said property has been commenced and a any
impact and/or developmental fee shall have become due within one year of the sale of said property by the
Parish of St. Tammany, the amount being held in escrow shall be applied to the sewer impact fee and any
excess shall be returned to the purchaser or his assign. If construction of a new residence has not been
commenced or any impact and/or developmental fee shall not have become due within one year of the sale
of said property by the Parish of St. Tammany, the amount being held in escrow shall be forfeited by the
purchaser to the Parish of St. Tammany.
Section 6. Any and all sales of such property shall be subject to any and all servitudes and
easements.
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE
FOLLOWING:
YEAS:
NAYS:
ABSTAIN:
ABSENT:
THIS ORDINANCE WAS DECLARED ADOPTED AT A REGULAR MEETING OF THE PARISH
COUNCIL ON THE DAY OF 2004; AND BECOMES ORDINANCE COUNCIL
SERIES NO. 04- .
ATTEST:
Published introduction: April 29 , 2004
Delivered to Parish President: , 2004 @
COUNCIL SPONSOR BRISTER/PRESIDENT PROVIDED BY: President's Office
ON THE DAY OF , 2004
ORDINANCE TO AUTHORIZE THE PARISH COUNCIL TO DECLARE
LOT 556, MOONRAKER SUBDIVISION, PHASE 3-D, WARD 9,
DISTRICT 13, SLIDELL, AS SURPLUS PROPERTY AND TO
AUTHORIZE THE SALE OF SAID LOTS/PARCEL.
from the following third parties to purchase said properties for the consideration of a sum in excess of the
appraised value plus any and all associated costs, cash, at the time of sale; and
THE PARISH OF ST. TAMMANY HEREBY ORDAINS that the Parish Council declares Lot 556,
Moonraker Subdivision, Phase 3-D, Ward 9, District 13, Slidell, as surplus property and authorizes the sale
of said lots/parcel as follows:
ORDINANCE CALENDAR NO. 2812
ORDINANCE C.S. NO.
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B) Purchaser has made written request to the Office of the Parish President to notify those
persons identified above in accordance with LA-R.S. 33:4720.17 and LA-R.S. 47:2261
and has paid the Parish the sum of five dollars per notice and/or the sum of thirty
dollars per notice by publication requested or supplied evidence that the notice
satisfactory to the Office Of the Parish President that the notice required by LA-R.S.
33:4720.17 and LA-R.S. 47:2261 has been made by purchaser or his agents.
C) Purchaser has recorded evidence of notice required by LA-R.S. 33:4720.17 and LA-
R.S. 47:2261 in the conveyance records of St. Tammany Parish and has provided the
Office of the Parish President a stamped copy of the recorded evidence on notice.
D) Purchaser has certified in writing to the Office of the Parish President that the number
of days required by LA-R.S. 33:4720.17 has elapsed since the above required notice
was made or attempted and that the property has not been redeemed by the payment
of the taxes owed.
E) Purchaser has paid the consideration in cash to the Parish and the cash sale attached
has been approved by the Office of the Parish President.
F) Purchaser had deposited with the Parish of St. Tammany the amount required to be
escrowed.
Section 3. If all of the requirements of Section 2 are not completed within six (6) months from
the date this ordinance is adopted, the Parish President's authority to execute an act of cash sale for this
property shall cease and any and all rights of the purchaser to this property shall terminate.
Section7. All properties to be sold subject to an as is clause as exclusively prepared by the
Parish.
NOTE: Particular of sales listed herein are available for review at the Parish Council Office upon
completion of transaction to the highest bidder.
REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity shall
not affect other provisions herein which can be given effect without the invalid provision and to this end the
provisions of this Ordinance are hereby declared to be severable.
ORDINANCE CALENDAR NO. 2812
ORDINANCE C.S. NO.
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EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.
MOVED FOR ADOPTION BY: , SECONDED BY:
PATRICIA BRISTER, COUNCIL CHAIRMAN
DIANE HUESCHEN, COUNCIL CLERK
KEVIN DAVIS, PARISH PRESIDENT
Published adoption on: , 2004
Returned to Council Clerk: , 2004 @