STATE OF LOUISIANA

PARISH OF WASHINGTON

WASHINGTON PARISH COUNCIL

ORDINANCE No. 11-__544_

Introduced on March 28, 2011

Introduced by Michael Fussell _____

Public hearing held on April 11, 2011_

AN ORDINANCE RESTRICTING THE PARISH RESPONSIBILITY

FOR MAINTENANCE OF NEW SUBDIVISION ROADS

OR NEWLY CONSTRUCTED ROADS

WHICH ARE ACCEPTED INTO THE PARISH ROAD MAINTENANCE SYSTEM

WHEREAS, under La. R.S. 33:1236 (2)(a) Parish governing authorities have been granted the power “To regulate the proportion and direction, the making and repairing of the roads, bridges, causeways, dykes, dams, levees and highways when, in the opinion of the police jury, such work will further the best interests of the Parish and the Parish road system;”

AND WHEREAS, the Washington Parish Government may accept new subdivision roads or newly constructed roads into the Parish Road Maintenance System, but for only routine road maintenance and not for damage caused by flood waters.

BE IT ORDAINED, that any new subdivision roads or newly constructed roads that are located in “floodway” or in a flood designated zone, such as AE or A in accordance with FIRM Flood Maps, will only be accepted into the Parish Road Maintenance system for routine road maintenance consisting of pothole repairs, ditch maintenance, grass cutting, culvert cleanout, and repair caused by normal wear and tear caused by vehicular traffic.

BE IT FURTHER ORDAINED, subject to the above that the property owners and/or developers in a subdivision or adjoining a newly constructed road that are located in “floodway” or in a flood designated zone, such as AE or A in accordance with FIRM Flood Maps, will responsible for repairs to the roadway caused by flood waters, including, but not limited to, subsurface base failures, culvert washouts, roadway washouts, structural failures of shoulders, headwalls and any earth retaining structures. Determination of roadway damage caused by flood waters will be at the sole discretion of the Washington Parish Director of Public Works. The failure of property owners and/or developers to make the required repairs to the satisfaction of the Washington Parish Director of Public Works may result in the removal of the roads from the Parish Road Maintenance System.

The above and foregoing having been submitted to a vote, the vote thereupon

resulted as follows:

YEAS:

NAYS:

ABSENT:

ABSTAIN: __________

The ordinance was declared adopted on the ___________ day of ________________, 2011.

WASHINGTON PARISH COUNCIL

By:

Aubrey Posey, Chairman

Delivered to the Parish President on the ___________ day of _________________, 2011.

WASHINGTON PARISH GOVERNMENT

By:

Richard N. Thomas, Jr., President

Returned to the Clerk of the Parish Council on the ___________ day of _________________, 2011.

ATTEST:

Sharon Lyons, Clerk of the Parish Council

Page 2 of ORDINANCE No. 11-544___