§ 2-877.1. Required information for proposals for real estate transactions.

(a)

Any resolution or ordinance submitted for any real estate transaction involving the parish shall include in the proposal full information as defined herein.

(b)

For the purposes of this section, the term "full information" shall be defined as follows:

(1)

A written legal description of the real estate or rights-of-way;

(2)

The street or municipal address that the land carries (or would carry when developed);

(3)

A locator map (similar to that used by the planning department to locate lands involved in requests for zoning changes);

(4)

A sketch showing the specific land involved, the buildings thereon and all adjoining properties (similar to sketches accompanying resubdivision proposals);

(5)

A written description of how the land is currently used and how it is intended to be used (with an accompanying plan or sketch) if the requested action is taken. However, a description of intended use is not required in the case of public lands for sale;

(6)

A listing of the owners of land or real estate easements to be acquired by the parish. In the case of corporations, a list of said corporation's principal officers will suffice;

(7)

A list of the intended purchasers of public lands, real estate or rights-of-way to be sold or the list of intended users or beneficiaries of parish land or rights-of-way to be loaned, shared or permitted for private use. Where corporations are involved, a list of said corporations' principal officers will suffice;

(8)

A real estate appraisal report submitted by a parish-approved appraiser which is not more than six (6) months old or updated in writing by said appraiser no more than six (6) months prior to consideration of the proposal by the parish council. In cases where easements or leases are granted to private individuals or entities for use of excess parish rights-of-way adjacent to properties within the Commercial Parkway Overlay Zone, an area appraisal shall be conducted and the following lease payment schedule shall prevail:

a.

The annual lease value shall be ten (10) percent of the appraised purchase value of the subject property.

b.

When a landowner or leaseholder of property which is not in compliance with the current regulations within the Comprehensive Zoning Ordinance for Commercial Parkway Overlay Zone (hereinafter also referred to as CPZ), desires to use any part of the parish rights-of-way for the parking of vehicles, the entire adjacent parish rights-of-way shall be leased at the annual lease value.

c.

When a landowner or leaseholder of property has complied with the current regulations within the Comprehensive Zoning Ordinance for Commercial Parkway Overlay Zone, any use of the parish rights-of-way for all or part of compliance with parish CPZ provisions only shall command a rate of twenty-five (25) percent of the annual lease value, and only that portion of the property actually used shall be leased. There shall be no charge for that portion of the parish rights-of-way used for ingress, egress, or sidewalks.

d.

When a landowner or leaseholder of property has complied with the current regulations within the Comprehensive Zoning Ordinance for Commercial Parkway Overlay Zone, any use of any portion of the Parish rights-of-way for the parking of any vehicle(s) shall command a rate of fifty (50) percent of the annual lease value, and only that portion of the property actually used shall be leased.

There shall be no charge for that portion of the parish rights-of-way used for ingress, egress, or sidewalks.

e.

Under no condition or circumstance shall the first twelve (12) feet of the parish rights-of-way, as measured from the curb, or thirteen and one-half (13.5) feet from the edge of the roadway if no curb exists, be used for any purpose other than landscaping, sidewalks, or ingress and egress to the site.

f.

Failure to lease the parish rights-of-way in accordance with this ordinance can result in a fine of up to five hundred dollars ($500.00) per day, as provided in section 1-10 of the Jefferson Parish Code of Ordinances. Continued violations of the provisions of this ordinance can result in the landowner and/or leaseholder being denied access to the parish rights-of-way adjacent to the property.

g.

The payment of leases pursuant to this section on each parcel shall be subject to a one-time phase-in over a five-year period following the adoption of this ordinance, which phase-in shall expire on July 31, 2007. The annual amount due during this phase-in period shall be twenty (20) percent of the respective annual lease amount during the initial year, followed by a twenty (20) percent increase each year thereafter. Any initial lease executed during the phase-in period shall pay that year's respective percentage. Any initial lease executed during after July 31, 2007 shall be at one hundred (100) percent of the respective annual lease amount. Thereafter, the lease agreement shall be adjusted every five (5) years in accordance with the consumer price index for the Metropolitan New Orleans area.

(9)

The cash value of the transaction shall be stated in full, as well as in dollars per square foot;

(10)

If any resolution or ordinance provided for in this section does not have attached to it the information required in paragraphs (1) through (9) above, the proposed ordinance or resolution cannot be considered for final adoption at the scheduled council meeting. The term "not to be considered" shall mean the council shall not vote on final adoption of the ordinance or resolution. There shall be no public hearing. The only action that may be taken is whether the proposed ordinance or resolution will be deferred or cancelled;

(11)

In addition to the exclusions set out in paragraph (8) above, real estate appraisals shall not be required when the parish council is revoking alleyways and walkways that are fifteen (15) feet or less in width as designated on subdivision plans; when the parish council is revoking public servitudes which encumber private property, or when an offer to a landowner for a acquisition by the Parish of Jefferson of temporary or permanent servitudes, rights-of-way or parcels of land is less than or equal to one thousand five hundred ($1,500.00).

(c)

For the purposes of this section, "real estate transactions" shall include, but not be limited to, the purchase, sale or exchange of any land, mineral rights, timber rights, air rights, the letting or acquiring of any leasehold interest, easement or servitude, or any other interest in land, including permitting the private use of any public-owned right-of-way or other property owned by or under the administration of the parish.

(d)

For the purposes of section 2-877(g) and of this section 2-877.1, the term "parish rights-of-way" shall mean road rights-of-way owned in fee by the parish along major roadways which are subject to Section XIII-G of the Comprehensive Zoning Ordinance—Commercial Parkway Overlay Zone.

(Ord. No. 17757, §§ 1, 2, 6-21-89; Ord. No. 17791, § 1, 8-9-89; Ord. No. 17862, § 1, 11-8-89; Ord. No. 18428, §§ 2—4, 12-18-91; Ord. No. 19952, § 1, 2-26-97; Ord. No. 20730, § 1, 7-21-99; Ord. No. 21597, § 1, 6-5-02)

Editor's note

Ord. No. 17757, §§ 1, 2, adopted June 21, 1989, not specifically amendatory of the Code, has been included herein as § 2-877.1 at the discretion of the editor.

Cross reference

Sale and exchange of surplus immovable property, 2-951 et seq.; roads and bridges, Ch. 29; zoning, Ch. 40.