?LEGAL NOTICE
A HEARING WILL BE HELD OCTOBER 17, 2023 AT 10 O’CLOCK A.M.
38TH JUDICIAL
DISTRICT COURT
PARISH OF CAMERON
STATE OF LOUISIANA
CAMERON PARISH
POLICE JURY
VERSUS
NUMBER 10-19791
ALL TAXPAYERS,
PROPERTY OWNERS,
CITIZENS OF THE PARISH OF CAMERON, STATE OF LOUISIANA, AND NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHER PERSONS INTERESTED IN OR AFFECTED IN ANY WAY BY THE SUBJECT MATTER
OF THE MOTION FOR
JUDGMENT
MOTION FOR AMENDED JUDGMENT
NOW INTO COURT, through undersigned counsel, comes the CAMERON PARISH POLICE JURY (the “Plaintiff” or the “Police Jury”), which respectfully represents:
1. The Plaintiff is a political subdivision of the State of Louisiana (the “State”).
2. The Plaintiff’s domicile is Cameron Parish (the “Parish”), and venue is proper in this Court pursuant to La. R.S. 13:5123.
3. The Plaintiff is authorized as a governmental unit of the State to bring this action under La. R.S. 33:9031.1 (hereafter, the “Cooperative Endeavor Agreement Validation Act”), which provides for the use of La. R.S. 13:5121, et seq. (hereafter the “Bond Validation Act”) to judicially determine of the validity of (i) the Cooperative Endeavor Agreement described hereinafter; (ii) all proceedings taken in connection with the authorization of the Cooperative Endeavor Agreement, as amended; and (iii) the transactions contemplated thereby, all “[i]n order to provide a uniform, expeditious, and equitable procedure with due regard for the public fisc and rights of persons in interest.” La. R.S. 33:3031.1.
4. The express purpose of the Cooperative Endeavor Agreement Validation Act is “to provide a uniform, expeditious and equitable procedure with due regard for the public fisc and rights of persons in interest, for the judicial determination of the validity of any cooperative endeavor agreements authorized under this Chapter or generally by Article VII, Section 14(C) of the Louisiana Constitution and the transactions contemplated thereby.” La. R.S. 33:9031.1.
5. The Police Jury initially entered in the Cooperative Endeavor Agreement dated June 21, 2016 with TransCameron Pipeline, LLC (“TransCameron”), and Venture Global Calcasieu Pass, LLC (“Venture Global Calcasieu Pass” and together with TransCameron and CP Marine Offloading, LLC,[1] “Venture Global”). A copy of the initial Cooperative Endeavor Agreement is attached hereto as Exhibit A.
6. In 2016, the Police Jury filed proceedings regarding the Cooperative Endeavor Agreement pursuant to the Bond Validation Act in this Court. A copy of the Judgment dated September 7, 2016 in such proceedings is attached hereto as Exhibit B.
7. The Cooperative Endeavor Agreement was subsequently amended by the parties four times: the First Amendment to Cooperative Endeavor Agreement dated June 15, 2017, the Second Amendment to Cooperative Endeavor Agreement dated May 17, 2019, the Third Amendment to Cooperative Endeavor Agreement dated February 17, 2020, and the Fourth Amendment to Cooperative Endeavor Agreement dated April 12, 2023.
8. Pursuant to the authority of the Act, the Police Jury, as the governing authority of the Parish, on the 15th day of June, 2017 (“2017 Authorization”), authorized the President of the Police Jury to execute the First Amendment to Cooperative Endeavor Agreement. A copy of an excerpt of minutes from the June 15, 2017 meeting showing the 2017 Authorization is attached hereto as Exhibit C-1, and a copy of the First Amendment to Cooperative Endeavor Agreement is attached hereto as Exhibit C-2.
9. Pursuant to the authority of the Act, the Police Jury, as the governing authority of the Parish, adopted on the 17th day of May, 2019 (“2019 Resolution”), authorizing the President of the Police Jury to execute the Second Amendment to Cooperative Endeavor Agreement. A copy of the 2019 Resolution is attached hereto as Exhibit D-1, and a copy of the Second Amendment to Cooperative Endeavor Agreement is attached hereto as Exhibit D-2.
10. Pursuant to the authority of the Act, the Police Jury, as the governing authority of the Parish, adopted on the 7th day of February, 2020 (“2020 Resolution”), authorizing the President of the Police Jury to execute the Third Amendment to Cooperative Endeavor Agreement. A copy of the 2020 Resolution is attached hereto as Exhibit E-1, and a copy of the Third Amendment to Cooperative Endeavor Agreement is attached hereto as Exhibit E-2.
11. Pursuant to the authority of the Act, the Police Jury, as the governing authority of the Parish, adopted on the 15th day of March, 2023 (“2023 Authorization”), authorized the President of the Police Jury to execute the Fourth Amendment to Cooperative Endeavor Agreement. A copy of an excerpt of minutes from the March 15, 2023 meeting showing the 2023 Authorization is attached hereto as Exhibit F-1, and a copy of the Fourth Amendment to Cooperative Endeavor Agreement is attached hereto as Exhibit F-2.
12. The Police Jury, as the governing authority of the Parish, determined that the Cooperative Endeavor Agreement, as amended, has and is reasonably expected to continue to result in immediate and extensive economic benefits to the Parish and its residents, including the creation and maintenance of employment opportunities and the fostering of industrial innovation and improvements, thereby stimulating economic development in the Parish and serving a valid public purpose, which has and is expected to continue to exceed the value of the Parish’s obligations under the Cooperative Endeavor Agreement, as amended.
13. The Police Jury now moves this Honorable Court to amend the initial Judgment regarding validation of the Cooperative Endeavor Agreement for the limited purpose of determining validity of each of the amendments to the Cooperative Endeavor Agreement and the transactions contemplated thereby.
14. The Police Jury is duly authorized pursuant to the Cooperative Endeavor Agreement Validation Act and the Bond Validation Act to file and does hereby file this Motion for Amended Judgment (the “Motion”) against all defendants hereinafter stated in order to determine: (i) the legality and validity of each of the amendments to the Cooperative Endeavor Agreement; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to Cooperative Endeavor Agreement; and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding.
15. The Police Jury avers that the amendments to the Cooperative Endeavor Agreement and that each of the transactions contemplated thereby and the obligations undertaken therein, are valid, legal, and enforceable obligations of the parties thereto.
16. The Police Jury has instituted this action in order to obtain an expedited determination of: (i) the legality and validity of each of the amendments to Cooperative Endeavor Agreement; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to the Cooperative Endeavor Agreement; and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding.
WHEREFORE, the Police Jury prays:
(1) That, pursuant to the Cooperative Endeavor Agreement Validation Act and the Bond Validation Act, this Court issue an order (the “Order”) directing the publication of this Motion two (2) times within a period of fifteen (15) consecutive calendar days from the date of the Order in the Cameron Parish Pilot, a newspaper of general circulation published in the Parish, being the official journal of the Police Jury (the first publication of which is to be not later than eight (8) days from and after the date of issuance of the Order), and at the same time fix a time and place for hearing this cause, which time and place will be published with this Motion for Amended Judgment (the date fixed for the hearing to be at least ten (10) days, but not more than thirteen (13) days, after the second publication of this Motion for Amended Judgment);
(2) That, at the time and place designated in the Order, this Court proceed to hear and determine all questions of law and fact in this cause, including, but not limited to: (i) the legality and validity of each of the amendments to the Cooperative Endeavor Agreement; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to the Cooperative Endeavor Agreement, and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding;
(3) That, after due proceedings, this Court render a judgment herein establishing and declaring: (i) the legality and validity of each of the amendments to the Cooperative Endeavor Agreement; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to the Cooperative Endeavor Agreement; and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding;
(4) That, pursuant to the Cooperative Endeavor Agreement Act and the Bond Validation Act, this Honorable Court issue a permanent injunction against the institution by any person of any action or proceeding contesting: (i) the legality and validity of each of the amendments to the Cooperative Endeavor Agreement; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to the Cooperative Endeavor Agreement; and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding; and
(5) For all equitable relief to which the Police Jury is entitled.
RESPECTFULLY
SUBMITTED:
/s/ W. THOMAS BARRETT, III
W. Thomas Barrett, III
Bar Roll No. 20095
District Attorney, 38th
Judicial District
110 Smith Circle
Cameron, LA 70631
Telephone: (337)775-5713
Email: tom@cameronda.org
PLEASE SERVE:
All taxpayers, property owners, citizens of the Parish of Cameron, State of Louisiana, and non- residents owning property or subject to taxation therein, and all other persons interested in or affected in any way by the subject matter of the Amended Motion for Judgment
In the manner specified in the attached Order
CAMERON PARISH POLICE JURY NUMBER 10-19791
VERSUS 38TH JUDICIAL DISTRICT COURT
ALL TAXPAYERS,
PROPERTY OWNERS, PARISH OF CAMERON
CITIZENS OF THE PARISH OF CAMERON,
STATE OF LOUISIANA, AND NON-STATE OF LOUISIANA
RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHER PERSONS INTERESTED IN OR
AFFECTED IN ANY WAY
BY THE SUBJECT
MATTER OF THE
MOTION FOR JUDGMENT
ORDER
TO: All taxpayers, property owners, citizens of the Parish of Cameron, State of Louisiana, and non-residents owning property or subject to taxation therein, and all other persons interested in or affected in any way by the subject matter of the Motion for Judgment
Considering the Motion for Amended Judgment (the “Motion”) filed herein by the Cameron Parish Police Jury (the “Plaintiff” or the “Police Jury”), in which the authority is vested as the governing authority of the Parish of Cameron, State of Louisiana (the “Parish”), a political subdivision of the State of Louisiana, to file this validation proceeding to establish and recognize: (i) the legality and validity of each of the amendments to the Cooperative Endeavor Agreement (the “Cooperative Endeavor Agreement”) by and among the Police Jury, TransCameron Pipeline, LLC, and Venture Global Calcasieu Pass, LLC (together with TransCameron Pipeline, LLC, “Venture Global”) as contemplated therein; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to the Cooperative Endeavor Agreement; and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding, said Motion now having been presented to this Court, and the Court being fully advised of the premises:
IT IS HEREBY ORDERED THAT the Plaintiff is hereby directed to publish the Motion filed in these proceedings, together with a notice of the time and place scheduled for hearing this matter, on the 28th day of September 2023, and on the 5th day of October, 2023, in the Cameron Parish Pilot, a newspaper published in the Parish, being the official journal of the Parish, as provided by La. R.S. 13:5121, et seq.
IT IS FURTHER ORDERED THAT all taxpayers, property owners, citizens of the Parish and non-residents owning property or subject to taxation therein, and all other persons interested in or affected in any way by the execution by the Police Jury of each of the amendments to the Cooperative Endeavor Agreement and the transactions contemplated thereby, be and they are each hereby required to show cause, if any they can, on the 17th day of October , 2023 in the 38th Judicial District Court for the Parish of Cameron, State of Louisiana, why the relief prayed for in the said Motion should not be granted establishing and declaring that after due proceedings, this Court render a judgment herein establishing and declaring: (i) the legality and validity of each of the amendments to the Cooperative Endeavor Agreement; (ii) the validity of all proceedings taken in connection with the authorization of each of the amendments to the Cooperative Endeavor Agreement; (iii) the legality and validity of the transactions contemplated by each of the amendments to the Cooperative Endeavor Agreement; (iv) any other matters related to the validity or approvals related to each of the amendments to the Cooperative Endeavor Agreement; (v) the legality and validity of the obligations undertaken by the Police Jury under each of the amendments to the Cooperative Endeavor Agreement; and (vi) any other matters or objections adjudicated or that might have been called into question in this proceeding.
IT IS FURTHER ORDERED THAT, by the publication of the Motion in this cause and of this Order, all taxpayers, property owners, citizens of the Parish and non-residents owning property or subject to taxation therein, and all other persons interested in or affected in any way by the execution by the Police Jury of each of the amendments to the Cooperative Endeavor Agreement and the transactions contemplated thereby, and all other matters set forth above, shall be considered as parties defendants in these proceedings and having been duly served, and this Court shall have jurisdiction over them the same as if each one of them were named individually as a party defendant in said Motion and personally served with process in this cause.
THIS DONE AND ORDERED at Cameron, Louisiana, this 22nd day of September, 2023.
/s/ Penelope Richard
Judge, 38th Judicial
District Court
RUN: Sept 28 (S 39)