On motion of Mr. Johnston, seconded by M. ____________, the following
ordinance was offered:
SUMMARY NO. 23774
ORDINANCE NO.
An ordinance waiving the hard surface parking
requirements applicable for the property at 6140 River
Road, Jefferson, Louisiana 70123 through May 31,
2014; and, granting a permit to SMM Gulf Coast,
LLC for a batture permit and approval for wrecking,
dismantling or junking of marine vessels or the
salvaging or selling of parts there from, and to provide
for related matters the permit. (Council District 2)
WHEREAS, Section 8-3-110.13 of the Jefferson Parish Code of
Ordinances mandates that “it shall be unlawful for any person to maintain,
proceed with, install, construct, excavate or erect or place any structure of any
kind...on that area along the Mississippi River, within the limits of the parish...
without first obtaining a permit from the parish council”; and
WHEREAS, as required by Section 8-3-110.15 of the Jefferson Parish
Code of Ordinances, a public hearing regarding the application of SMM Gulf
Coast, LLC for a batture permit and approval for wrecking, dismantling or
junking of automobiles and/or other vehicles or the salvaging or selling of parts
there from, Louisiana was held by the Parish Departments of Inspection and
Code Enforcement, Planning, Law and Public Utilities/Works, on April 4, 2013,
that applicant was notified as to the time and place of, and attended said hearing
and that the departments had no objection to the permit to the Applicant; and
WHEREAS, this batture permit is only for wrecking, dismantling or junking
of marine vessels or the salvaging or selling of parts there from and can not be
used for automobile salvaging; and
WHEREAS, said application was reviewed at a public hearing on June
12, 2013 conducted by the Jefferson Parish Council as the governing authority of
Jefferson Parish; and
WHEREAS, the property and activities at issue are under the jurisdiction
of Jefferson Parish and other agencies, including but not necessarily limited to:
the U.S. Corps of Engineers, the East Jefferson Levee Board, the Board of
Commissioners of the Port of New Orleans, the Louisiana Department of
Transportation and Development, the Louisiana Department of Environmental
Quality, State of Louisiana Department of Health and Hospitals Office of Public
Health and State of Louisiana Department of Public Safety and Corrections
Office of State Fire Marshall. Said agencies have, or shall have, no objection
under specific conditions to the proposed activities, under the provisions stated
in the sections below.
BE IT RESOLVED BY THE JEFFERSON PARISH COUNCIL of Jefferson
Parish, Louisiana, acting as the governing authority of Jefferson Parish that:
SECTION 1. In accordance with Sections 8-3-110.13 through and
including 8-3-110.19 of the Jefferson Parish Code of Ordinances as well as all
conditions outlined below, Applicant, SMM Gulf Coast, LLC, shall be permitted
to for wrecking, dismantling or junking of marine vessels or the salvaging or
selling of parts there from. The following conditions apply to said permit:
(a)
Applicants/Pemittees (hereafter “Applicants”) shall secure a
building permit from the Parish for said project with the required inspections by
the Parish. Applicants shall perform the work in accordance with, and maintain
current, the required permits for the proposed work from the Parish of Jefferson
and any and all other regulatory agencies that have jurisdiction over the batture;
(b)
By granting this permit, the Parish of Jefferson assumes no
responsibility for and makes no representations or warranties concerning the
correctness or adequacy of Applicants’ application drawings;
(c)
The debris piles shall be maintained in such a manner as they are
not able to be seen from the north side of the levee at any time;
(d)
Applicants shall maintain the facilities in a good state of repair at all
times, and that, should the improvement or facilities be abandoned for any
reason, or become a hazard, Applicants shall promptly remove the improvement
or facility and restore the area to a condition satisfactory to the Parish of
Jefferson, or, perform any work necessary to remedy any related hazardous
condition;
(e)
Applicants shall not conduct, or permit others to conduct, a public
wharfinger business in, on or over said improvements;
(f)
This permit shall be revocable by Parish of Jefferson in the event
the Parish finds, in its discretion, that Applicants have not complied with any of
the terms and conditions of this permit;
(g)
Should changes in the location or section of the existing levee
and/or river, or in the generally prevailing conditions in the vicinity, be required in
the future in the public interest, Applicants shall make changes in the project
concerned, or in the arrangement thereof, as may be necessary to satisfactorily
meet the situation and shall bear the cost thereof; and
(h)
Applicants, by accepting the permit herein, agree to release and
hold harmless Jefferson Parish for any loss, claims or damage of any type
whatsoever suffered by the Applicants or any other person or entity resulting
from construction and/or improvement by the Applicants which is contrary to the
property rights or existing title restrictions related to said site and to bear the full
and entire expense, cost, and risk in connection with the subject improvements
and maintenance and operation of same and further Applicants agree to
indemnify Jefferson Parish for any damages, including legal costs, the Parish
may suffer or have to pay related in any way to the construction related to this
permit and Applicants agree to execute a hold harmless and indemnification
agreement regarding the permit.
SECTION 2. Property Rights
(a)
This permit and any other permits which may be granted by the
Parish regarding this site described above shall not indicate a determination of
the ownership of the property described above, have no bearing on the
ownership of said property and do not grant any real property rights to the
Applicants.
(b)
This permit is conditioned upon Applicants’ ownership or lease of
the riparian property described above or upon Applicants having obtained the
written authorization of the riparian proprietor to Applicants’ use of said property
for the purposes mentioned.
(c)
This permit is subject to any rights of the adjacent riparian owners;
and does not authorize any injury or invasion of private property or private rights,
or any infringement of federal, state or local laws or regulations.
SECTION 3. A permit granted herein shall be effective only when the
owner has received approval or conditions for final approval, as appropriate, of
all other agencies which have jurisdiction over the location and activities involved
herein and the project is constructed and maintained in accordance with the
requirements and conditions of the permits, conditions or approvals of all such
agencies. Such agencies include, but are not necessarily limited to: the U.S.
Corps of Engineers, the East Jefferson Levee Board, the Board of
Commissioners of the Port of New Orleans, the Louisiana Department of
Transportation and Development, the Louisiana Department of Environmental
Quality, State of Louisiana Department of Health and Hospitals Office of Public
Health and State of Louisiana Department of Public Safety and Corrections
Office of State Fire Marshall.
SECTION 4. This and any other permits regarding this site granted by the
Parish shall be granted specifically to Applicants, SMM Gulf Coast, LLC, will not
be transferable to any other individual, corporation or legal entity, including the
owner of the property, if other than Applicants;
SECTION 5. The Department of Inspection and Code Enforcement is
authorized and empowered to issue a Use Permit to the owner of the property at
issue when the owner presents written proof that the approvals or conditions for
final approval, as appropriate, required by Jefferson Parish and by the authorities
named in Section 4 above have been secured as well as the hold harmless and
indemnification agreement required by Section 1 (h) above.
SECTION 6. In accordance with Section 8-3-110.17 of the Jefferson
Parish Code of Ordinances, this permit for use shall expire on July 31, 2014 and
a renewal application for an annual [calendar year] permit shall be filed with the
Department of Inspection and Code Enforcement prior to August 31, 2014;
otherwise, Applicants may be required, at the discretion of the Jefferson Parish
Department of Inspection and Code, to seek said permit approval by the Parish
Council.
SECTION 7. That the hard surface parking requirements applicable for the
property at 6140 River Road, Jefferson, Louisiana 70123 through May 31, 2014,
with the exception of required handicapped parking, are hereby waived.
The foregoing resolution having been submitted to a vote, the vote
thereon was as follows:
YEAS:
NAYS:
ABSENT:
This resolution was declared to be adopted on this the 12 th day of June,
2013.