ORDINANCE AND RESOLUTION FACT SHEET					City of Shreveport
TITLE			DATE			ORIGINATING DEPT./DIV.
A resolution authorizing the Mayor's signature on a permit to encroach on a portion of Cross Lake below the 172 foot contour line, and otherwise providing with respect thereto						Department of Operational Services
						SPONSOR OR COUNCIL MEMBER
						Department of Operational Services
PURPOSE
To authorize the Mayor's signature on a Permit to Encroach on a portion of Cross Lake below the 172 foot contour line.
This Ordinance or Resolution will have direct impact on Council District:							N/A
BACKGROUND INFORMATION
A request has been received from Jerry Y. Davis, owner of property at municipal address 5553 South Lakeshore Drive, Shreveport, LA 71119, that the City of Shreveport grant a Permit to Encroach within the 172 foot contour line boundary of Cross Lake to accommodate the improvements already located thereon (see exhibit attached). Mr. Davis agrees to be bound by all provisions of the Permit to Encroach including, without limitation, the prohibition against the construction of any additional improvements, as well as the prohibition against assigning this permit of any interest hereunder. Moreover, the Permit to Encroach shall provide for the payment by Mr. Davis to the City of $300.00
TIMETABLE
Introduction:	October 27, 2009
Final Passage:	November 10, 2009
SPECIAL PROCEDURAL REQUIREMENTS
None
FINANCES				SOURCE OF FUNDS
No associated costs				None
CONCLUSION
The Department of Operational Services recommends approval of this resolution.
FACT SHEET PREPARED BY:		Wayne L. Goss, SR/WA Sr. Property Mgt. Specialist

RESOLUTION NO. ____ OF 2009

A RESOLUTION AUTHORIZING THE MAYOR'S SIGNATURE ON A PERMIT TO ENCROACH ON A PORTION OF CROSS LAKE BELOW THE 172 FOOT CONTOUR LINE, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

By:

WHEREAS, Jerry Y. Davis is the owner of record of a .33 acre tract of land in the N/2 of Section 5 (17-14) as per Assessors Country Plat 171405-000-0077, Caddo Parish, Louisiana, as per plat attached, and having been acquired by instrument recorded Nov. 5, 1992, and recorded as Registry Number 1364683 in Conveyance Book 2853, Page 459, of the records of Caddo Parish; and

WHEREAS, a request has been received from Jerry Y. Davis for an encroachment in and to a portion of public property as depicted on the plat attached hereto and made a part hereof, to accommodate the improvements already located thereon; and

WHEREAS, the proposed encroachment upon public property is not adverse to the public interest of the citizens of the City of Shreveport; and

WHEREAS, Jerry Y. Davis promises that if the encroachment is granted, he will not construct any additional improvements on said property; and

WHEREAS, Jerry Y. Davis shall not, without the express written consent of the City of Shreveport, assign the permit or any interest hereunder; and

WHEREAS, any consent which the City of Shreveport may give for an assignment shall not destroy the above provision, and later assignments shall be made likewise only with the prior consent of the City of Shreveport hereunder; and

WHEREAS, the instrument or Permit to Encroach shall provide for the payment by Jerry Y. Davis to the City of Shreveport of $300.00 for the encroachment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that it hereby authorizes the Mayor's signature on the Permit to Encroach and Jerry Y. Davis shall be bound by all provisions of the Permit to Encroach, as well as this Resolution, and, after due notice thereto and after the effective date of this Resolution, the Mayor of the City of Shreveport is hereby authorized and empowered to execute and deliver, for and on behalf of the City of Shreveport, an instrument or Permit to Encroach substantially in the form of the document filed along with the original copy of this Resolution in the Office of the Clerk of Council on October 27, 2009, attached hereto as Exhibit A. Provided further, the instrument of Permit to Encroach shall provide for the payment by Jerry Y. Davis to the City of Shreveport of $300.00 for the encroachment.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and, to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

APPROVED AS TO LEGAL FORM:

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City Attorney's Office