An Executive Order to allow Jefferson Parish, its departments, agents, contractors, subcontractors, and employees the right to enter onto private property located within the municipal limits of the Town of Grand Isle for the sole purpose of removing storm related sand debris located outside dwellings and deemed to pose an imminent peril to the drainage system of the Town of Grand Isle.
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, La. Rev. Stat. 29: 721, et seq., confers upon the local governing authority, such as the Parish President or the Mayor/Chief Executive Officer of a municipality, emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or manmade causes;
WHEREAS, Hurricane Ida left Grand Isle covered in sand from the Gulf of Mexico and the sand levee that washed through the town as a result of the storm surges; and
WHEREAS, while measures have been taken to remove sand debris from public roadways, ditches and rights-of-ways, sand remains on private property and if left in place, this sand will wash back into the drainage ditches and cause flooding when it rains, damaging the underground infrastructure, including the gas, electric and water systems on the island, thereby creating a health and safety hazard; and
WHEREAS, removal of sand from private properties is critical to the recovery of the island community; and
WHEREAS, Pursuant to Jefferson Parish entered in to a Cooperative Endeavor Agreement with the Town of Grand Isle which makes Jefferson Parish the Primary Public Assistance Applicant for Federal Disaster Declaration DR 4611: and
WHEREAS, the Federal Emergency Management Agency (FEMA) has approved removal of sand debris deemed to pose and imminent threat to the Grand Isle drainage system; and
WHEREAS, access to private property to allow Jefferson Parish and its contractors to remove sand outside the dwelling, including the front yard up to a distance of approximately 40 feet off Louisiana Highway 1 and approximately 40 feet off certain side streets, is required to eliminate the threat of flooding; and
WHEREAS, properties for which access is needed for sand removal include, but are not limited to, all land adjacent to, and needed for access to, both sides of Louisiana Highway 1.
WHEREAS, the Town of Grand Isle Council is empowered to take all necessary measures to ensure the continued safety, health and welfare of the residents of the Town of Grand Isle, as per law, and
WHEREAS, the Town of Grand Isle Council supports the removal of storm related debris, including sand, which has been deemed to pose an imminent peril to the drainage infrastructure and citizens within the Town of Grand Isle; and
WHEREAS, It is in the best interest of the Town of Grand Isle residents to provide Jefferson Parish authority to remove sand from private property as it will allow rapid completion of the debris mission, remove imminent danger and health and safety risk to drainage infrastructure, and result in a significant cost savings to our residents; and
WHEREAS, in order to provide this service, Jefferson Parish required the Town of Grand Isle to indemnify and hold harmless Jefferson Parish, its agencies, agents and contractors against any claims whatsoever arising from the activities described in the authorization for sand removal from private property; and
WHEREAS, FEMA has authorized the Parish to complete the unfinished work; and
WHEREAS, the Parish has contracted with firms to complete this work; and
WHEREAS, the Parish needs to authorize these firms to enter the private property and perform this work.
NOW, THEREFORE, BE IT RESOLVED by the Town of Grand Isle Council of Grand Isle, Louisiana
acting as governing authority of said municipality-
SECTION 1. That the Town of Grand Isle Council hereby authorizes and Executive Order to allow Jefferson Parish, its departments, agents, contractors, subcontractors and employees the right to enter onto private property for the for the sole purpose of removing storm related sand debris located outside dwellings and deemed to pose an imminent peril to the drainage system of the Town of Grand Isle.
SECTION 2. That the Town of Grand Isle Council hereby request that Jefferson Parish Council assist the Town of Grand Isle in developing a plan to match the cost associated with FEMA’s removal of storm related sand debris located outside of dwellings and on private property and deemed to pose an imminent peril to the drainage system of the Town of Grand Isle.
SECTION 3. That the Mayor is authorized to execute any and all documents necessary to give full force and effect to this order.
This executive order was declared to be adopted on this the 24th day of September 2021.
