March 5, 2009

EUNICE, LOUISIANA

JANUARY 13, 2009

THE MAYOR AND BOARD OF ALDERMEN AND ALDERWOMEN, THE GOVERNING AUTHORITY OF THE CITY OF EUNICE, PARISH OF ST. LANDRY/ACADIA, STATE OF LOUISIANA, met in regular session on Tuesday, January 13, 2009 at six-thirty (6:30) o’clock p.m., at their regular meeting place, the Eunice City Hall.

The Mayor announced that a quorum was present and ready to transact business.

WHEREUPON, the following ordinance was introduced for consideration of adoption on motion by Alderman Dale Soileau and seconded by Alderwoman Chawana Fontenot and carried.

ORDINANCE NO. 02-09B

Ordinance to abandon a portion of an alley in Block Twenty-six (26) of the Original Townsite of the City of Eunice

and

WHEREAS, the City of Eunice desires to abandon that alley sixteen (16’) feet in width on its East end and sixteen (16’) feet in width on its West end, running East and West, located in Block Twenty-six (26) of the Original Townsite of the City of Eunice, bounded North by Lots 9, 10, 11, 12, 13, 14, 15 and 16 of Block 26 of the Original Townsite; South by Lots 1, 2, 3, 4, 5, 6, 7 and 8 of Block 26 of the Original Townsite; East by South Third Street; and West by South Fourth Street.

The portion of the alley to be abandoned is shown on the area highlighted in yellow on the plat attached hereto and made a part hereof; and

WHEREAS, the portion of the alley described above serves no public purpose; and

NOW, THEREFORE, BE IT ORDAINED that the property described above, situated in the City of Eunice, is no longer needed for any public purpose, to-wit:

Section 1:

That the portion of the alley described above be and same is hereby abandoned, reserving all utility servitudes, drainage servitudes, and all rights of ingress and egress to replace, repair and maintain any public utility and/or drainage or other servitudes, and said oil, gas and mineral rights belonging to the City pertinent to said property.

Section 2:

That the dedication and donation of the alley be and same is hereby revoked and set aside and all rights, title and interest of the City of Eunice in and to the property described in Section 1 above is hereby abandoned and relinquished, reserving all utility servitudes, drainage servitudes, and all rights of ingress and egress to replace, repair and maintain any public utility and/or drainage or other servitudes and all oil, gas and mineral rights belonging or appertaining to said property.

Section 3:

All area covered by and embraced by said property to the center line thereof shall revert to the present owner or owners of said land contiguous thereto pursuant to Louisiana R.S. 48:701.

Section 4:

All ordinances or parts of ordinances or resolutions or parts of resolutions inconsistent with or in conflict with the provisions of this ordinance be and the same are hereby repealed.

Section 5:

The City of Eunice shall reserve all rights and servitudes in and to the property hereinabove described, including drainage and/or oil, gas and mineral rights on said property.

Section 6:

This abandonment is conditioned on the agreement of the riparian owners not to construct any permanent structure on the property herein abandoned.

THUS, the above and foregoing Ordinance was submitted and presented for consideration of adoption by the following vote:

YEAS: Alderman at Large Jack Burson, Alderman Wallace Bourque, Jr.,

Alderwoman Marguertie Fruge-Simpson, Alderwoman Chawana

Fontenot and Alderman Dale Soileau

NAYS: NONE

ABSENT: NONE

THUS, the above and foregoing Ordinance was submitted for consideration of adoption on this, the 13th day of January, 2009.

_________________________________

ROBERT MORRIS, MAYOR

ATTEST:

________________________________

EARLENE LEJEUNE, CITY CLERK

After a Public Hearing was held on Tuesday, February 10, 2009 and the Title having been read and considered, the above ordinance presented for FINAL ADOPTION at the regular council meeting held on February 10, 2009 on motion by Alderman Dale Soileau and seconded by Alderwoman Chawana Fontenot and carried. A vote was taken with the following results:

YES: Alderman at Large Jack Burson, Alderwoman Marguerite Fruge-Simpson, Alderwoman Chawana Fontenot and Alderman Dale Soileau

NAY: NONE

ABSENT: Alderman Wallace Bourque, Jr.

BE IT ORDAINED, the above Ordinance was duly adopted on this, the 10th day of February, 2009.

________________________________

ROBERT A. MORRIS, MAYOR

ATTEST:

________________________________

EARLENE LEJEUNE, CITY CLERK

I CERTIFY that the above and foregoing Ordinance was presented to the Mayor on this, the _____ day of February, 2009.

________________________________

EARLENE LEJEUNE, CITY CLERK

I ACKNOWLEDGE RECEIPT of the above Ordinance from the City Clerk on this, the _____ day of February, 2009.

________________________________

ROBERT A. MORRIS, MAYOR

I HEREBY _____________ the above ordinance on this, the _____ day of February,

approve/veto

2009.

________________________________

ROBERT A. MORRIS, MAYOR

I CERTIFY that the above Ordinance was received by me form the Mayor on this, the _____ day of February, 2009.

________________________________

EARLENE LEJEUNE, CITY CLERK

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