§ 2-877. Lease of parish immovables.

(a)

Immovable properties classified as public things. Upon finding that a public thing, under the administration of Jefferson Parish is not needed for a public purposes, the parish council may declare it so by adoption of an ordinance which will also authorize the lease of said immovable property at a rate not less than that established by a report of a Louisiana State certified appraiser commissioned by the parish attorney.

(b)

Immovable properties not considered public things. Any immovable property owned by Jefferson Parish which is not classified a public thing may be leased upon adoption of a resolution at a rate not less than that established in a report of a Louisiana State certified real estate appraiser commissioned by the parish attorney.

(c)

Disclosure provisions. All provisions contained in Jefferson Parish Code of Ordinance Chapter 2, section 2-877.1 shall be applicable to the lease of lands owned by or under the administration of Jefferson Parish as authorized hereinabove.

(d)

Lease to other governmental entity. Whenever the use another governmental agency of lands owned by or under the administration of Jefferson Parish for a public purpose are not otherwise prohibited by the Louisiana State Constitution as an illegal donation of a public asset, the Jefferson Parish Council may waive the payment or rental by the governmental agency using said lands for a public purpose upon adoption of an ordinance which will specify in detail the public use of the immovable property.

(e)

Contract requirements. Any agreement authorizing the use of lands owned by or under by or under the administration of Jefferson Parish pursuant to provisions of paragraph (d) herein shall provide that said use shall terminate upon the property no longer being used for a public purpose.

Any agreement for the use of property as authorized by paragraphs (a) and (b) hereinabove shall not exceed a conditional term of fifteen (15) years in addition to providing that said lease shall not exceed a conditional term of fifteen (15) years in addition to providing that said lease shall not be assigned, pledged or used to secure any obligations. The lease agreements authorized herein shall provide that the term of the lease is conditioned upon the right of the Parish of Jefferson to terminate said agreement upon adoption of an ordinance by the Jefferson Parish Council declaring the land, or any portion thereof subject to said lease, either as needed for a public purpose or approval for sale as surplus property.

All leases entered into by the Parish of Jefferson for the use of any lands owned by or under the administration of Jefferson Parish shall require that the lessee provide liability insurance for any injury or damage occurring on the leased lands which amounts will be included in the ordinance approving the lease which will be based upon the recommendation of the parish attorney.

(f)

Appraisals. The amount of rent for any land owned by or under the administration of Jefferson Parish to be leased shall be evaluated by two (2) state certified appraisers if:

(1)

The land has an area of more than two (2) acres; or

(2)

The land has located on it a building or any type; or

(3)

The lease shall provide for either a reduction in the rental or a cash payment by the parish, either of which shall represent compensation to be paid a lessee for costs of improvements to be constructed on the premises by the lessee which will owned by the parish upon termination of the lease.

The minimum rental for parish land where two (2) appraisals are required shall be the average of the rental recommended by the appraisals when the two (2) reports do not concur.

(g)

Proceeds from parish leases. All rental paid to the parish pursuant to contracts provided for herein shall be deposited into an account of the department from whose budget account the original acquisition cost was drawn, except for those leases pursuant to section 2-877.1. In the case of a lease pursuant to section 2-877.1, all proceeds shall be deposited into a parishwide account dedicated to parish rights-of-way improvements, beautification, and related work, less direct expenses provided by the parish to implement and maintain said leases. For immovable property which had been dedicated or donated to the parish or for which it is impossible to identify the account from which the acquisition cost for the property was originally drawn, the proceeds derived from the lease of such property shall be deposited into an account to be used to fund capital improvements within the council district in which the leased property is situated. Proceeds from the lease of lands acquired by a special district shall be deposited into an account for that district or its legal successors or otherwise into an account of the parish department which assumed the duties thereof upon the dissolution of the acquiring district.

(h)

The parish council may at its discretion require that the award of leases be to the highest public bid exceeding the value established by appraisal report.

(Code 1961, § 2-9; Ord. No. 20731, § 1, 7-21-99; Ord. No. 21597, § 2, 6-5-02; Ord. No. 24348, § 1, 10-10-12)