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AMENDMENT TO RESOLUTION NO. 118 OF 2011
(A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO)
BY:
Amend the Background Information section of the Fact Sheet to now read as follows:
“La. R. S. 19:102 gives the City the right to expropriate property if the governing body for the municipality has determined a course to be necessary for the public interest. The property is located within the Ledbetter Heights area of the city and is intended for use by the Ledbetter Heights Land Banking Project (“Project”). The Project contemplates the revitalization of the Ledbetter Heights area by the elimination of blighted conditions within the area and the acquisition and redevelopment of property within the area. The property identified in Exhibit “A” has been cited by the Department of Property Standards for violation of the Chapter 38, the Property Standards ordinance. Acquisition of the property by the City of Shreveport will eliminate a threat to public health or safety caused by the existing use or disuse of the property for a public purpose as authorized by Article 1 § 4(B)(2)(c) of the State Constitution. The owners of the referenced property are either deceased, or have not responded to all efforts by the City to amicably acquire the property.”
-Amend the Resolution as follows:
Substitute the attached Resolution for the copy of the Resolution previously submitted.
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Explanation of amendments
The following changes have been made in the substitute Resolution:
1. The first “WHEREAS” paragraph has been amended to now read as follows:
“WHEREAS, the City of Shreveport has developed the Ledbetter Heights Land Banking Project (“Project”), Project No. 07A001 as a means to revitalize an area of Shreveport commonly identified as “Ledbetter Heights”; and”
2. The second “WHEREAS” paragraph has been amended to now read as follows:
“WHEREAS, the property described in “Exhibit A”, attached hereto, is situated within the Project area; and
3. The third “WHEREAS” paragraph has been amended to now read as follows:
“WHEREAS, the Project contemplates the revitalization of the Ledbetter Heights area by the elimination of blighted conditions within the area and the acquisition and redevelopment of property within the area;”
4. The fourth “WHEREAS” paragraph has been designed as the sixth (6th) “WHEREAS” paragraph. The fourth “WHEREAS” paragraph now reads as follows:
“WHEREAS, the property identified in Exhibit “A” has been cited by the Department of Property Standards for violation of the Chapter 38, the Property Standards ordinance. Acquisition of the property by the City of Shreveport will eliminate a threat to public health or safety caused by the existing use or disuse of the property for a public purpose as authorized by Article 1 § 4(B)(2)(c) of the State Constitution.”
5. A fifth “WHEREAS” paragraph has been added to now read as follows:
“The owners of the referenced property are either deceased, or have not responded to all efforts by the City to amicably acquire the property.”
6. The fourth “WHEREAS” paragraph has been designed as the sixth (6th) “WHEREAS” paragraph.
RESOLUTION NO. _____ OF 2011
A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO
BY:
WHEREAS, the City of Shreveport has developed the Ledbetter Heights Land Banking Project (“Project”), Project No. 07A001 as a means to revitalize an area of Shreveport commonly identified as “Ledbetter Heights”; and
WHEREAS, the property described in “Exhibit A”, attached hereto, is situated within the Project area; and
WHEREAS, the Project contemplates the revitalization of the Ledbetter Heights area by the elimination of blighted conditions within the area and the acquisition and redevelopment of property within the area;
WHEREAS, the property identified in Exhibit “A” has been cited by the Department of Property Standards for violation of the Chapter 38, the Property Standards ordinance. Acquisition of the property by the City of Shreveport will eliminate a threat to public health or safety caused by the existing use or disuse of the property for a public purpose as authorized by Article 1 § 4(B)(2)(c) of the State Constitution; and
WHEREAS, the owners of the referenced property are either deceased or have not responded to efforts by the City to amicably acquire the property; and
WHEREAS, public necessity dictates that this property be owned by and subject to use by the City of Shreveport.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport in due, regular and legal session convened, that the expropriation of the property described in Exhibit “A” is necessary for the public interest; therefore, the City Attorney is hereby authorized to institute expropriation proceedings against the owners of record of the said property, as they might appear at the time of filing suit, the same to be acquired in fee title.
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 part thereof in conflict herewith are hereby repealed.
APPROVED AS TO LEGAL FORM:
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City Attorney’s Office
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