La. Rev. Stat. § 33:4709.11 — LA Code / Code revised-statutes / Title 33 / Section 4709.11
Tacony Restoration District; creation; governing authority; powers; duties
Status: in_force

A. There is hereby created a special municipal district, consisting of property owned by the town of Vidalia, hereinafter referred to as the "town", to be known as the Tacony Restoration District, hereinafter referred to as the "district". Such district shall be a body politic and corporate, shall be an instrumentality of the town of Vidalia, and shall not be construed to be a political subdivision of the state of Louisiana. The district shall be composed of all the territory described as follows:

A 14.68 acre tract, more or less, portion of Tacony Plantation, property of the town of Vidalia, Sections 34 and 35, T7N-R10E, Concordia Parish, Louisiana.

From the corner common to Sections 35, 36, and 41, T7N-R10E, Concordia Parish, Louisiana, go N 74°11' E for 5323.8 feet to the point of beginning, being the most southerly corner of a 31.40 acre tract, also being the southwest corner of a 4.44 acre tract and being on the northerly right-of-way of the Missouri Pacific Railroad, now abandoned.

Thence from said point of beginning, go along the easterly boundary of said 31.40 acre tract (Little Acres Subdivision) N 16°19' W for 881.37 feet and N 16°11' W for 591.48 feet to the land side toe of the Mississippi River Levee; thence go the following courses and distances along said land side toe of the Mississippi River Levee: N 87°49' E for 120.75 feet, N 89°54' E for 200.81 feet, N 83°37' E for 186.14 feet, S 76°52' E for 207.56 feet, S 75°54' E for 195.27 feet, S 38°59' E for 124.40 feet, and S 47°53' E for 35.65 feet to the edge of a gravel road; thence go along edge of said gravel road S 34°00' E for 254.62 feet; thence leaving the edge of said gravel road S 86°35' W for 337.00 feet; thence S 80°22' W for 200.00 feet; thence S 79°53' for 200.00 feet; thence S 80°05' W for 62.18 feet; thence S 16°19' E for 1033.80 feet to the northerly right-of-way of the Missouri Pacific Railroad, now abandoned; thence continue S 16°19' E for 58.86 feet to the center of said abandoned railroad; thence go along the center of said abandoned railroad N 74°28' W for 108.72 feet and N 69°52' W for 133.83 feet; thence leaving the center of said abandoned railroad; N 16°19' W for 62.16 feet to the point of beginning. Within described tract contains 14.68 acres, being a portion of Tacony Plantation, situated in Sections 34 and 35, T7N-R10E, Concordia Parish, Louisiana.

B. The primary purposes of the district shall be to provide for restoration and preservation of Tacony House located within the district and to protect and preserve the integrity and historical nature of the house and its grounds while also providing opportunities for the public and the citizens of Vidalia to enjoy a significant historical site near the area which eventually became the town of Vidalia. In accordance with the provisions of this Section and subject to the approval of the governing authority of the town, the governing authority of the district shall have and may exercise all powers necessary or convenient for the carrying out of such purposes, including control of restoration of Tacony House, preservation of the house and grounds, construction of any other buildings and usage of facilities in the district, and the negotiation of contracts with private entities for lease or conveyance of property within the district.

C.(1) In order to develop and effect the functions and services of the district and to provide for representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the district, there is hereby created a board of commissioners for the district to be known as the "Tacony Restoration Authority" and hereinafter referred to as the "authority" or the "restoration authority".

(2) The authority shall consist of ten members who shall be appointed by the governing authority of the town. Of the initial appointments, three appointees shall serve two-year terms, three shall serve four-year terms, and four shall serve six-year terms as determined by lot. All subsequent terms shall be six years.

(3) Any vacancy which occurs prior to the expiration of a term shall be filled for the remainder of the unexpired term by the governing authority of the town.

(4) As soon as practical after appointment of the members of the authority, the authority shall meet and elect from its number a chairman and such other officers as it may deem appropriate. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

D.(1) The restoration authority shall prepare or cause to be prepared a plan or plans, hereinafter referred to as the "plan", specifying the layout and character of restoration, preservation, and development within the district. The plan shall include but not necessarily be limited to the following: the nature of any restoration of Tacony House including details on how such restoration will be consistent with appropriate historical architectural periods, guidelines for the general character of the external appearance of buildings and facilities within the district to whatever extent and detail the authority and the town may deem appropriate, and plans for preservation and restoration of Tacony House and preservation of the entire area included in the district, whether such plans are effected by the town of Vidalia or by subsequent owners of said property.

(2) In the development of the plan, the authority shall conduct such public hearings, publish such notice with respect thereto, and disseminate such information as the authority, in the exercise of its sound discretion, may deem appropriate or advisable and in the public interest.

(3) The authority shall submit the plan to the governing authority of the town. The board of aldermen may by a majority vote of its members adopt or reject the plan as originally submitted by the authority, or it may alter or modify the plan or any portion or detail thereof, but only by a majority vote of all its members. The plan as finally adopted by the governing authority of the town, including any amendments adopted as herein provided, may be implemented by the authority.

(4) The authority shall provide information to officials of departments, agencies, and instrumentalities of state and local government and to the public at large, in order to foster public awareness and understanding of the objectives of the plan, and in order to stimulate public interest and participation in the orderly, integrated development of the district.

(5) After the plan has been adopted, it may be altered or amended only by adoption of a resolution by the authority proposing the change and approval of the proposed change by the governing authority of the town.

E. Pursuant to the purposes for which it was created, the authority may:

(1) Accept and receive, in furtherance of its function, funds, grants, and services from the federal government or its agencies, from departments, agencies, and instrumentalities of state, parish, or municipal government, or from private or civic sources.

(2) Hold public hearings and sponsor public forums whenever it deems it necessary or useful in the execution of its other functions.

F.(1) The restoration authority shall have the authority to consider, negotiate for, and recommend to the governing authority of the town the lease or conveyance of all or any part of the property located in the district to any private person or entity who will undertake restoration and preservation of such property, any such transaction being hereinafter referred to as a "transfer". The restoration authority shall prepare a suitable and appropriate contract for any transfer it recommends to the town. In determining the consideration for any transfer, the authority may take into account the benefits for tourism in the area which may be generated by restoration and preservation of historical properties as well as the value of the lands, buildings, or other properties involved.

(2) The authority shall require as a provision of any contract for transfer of property that the restoration and preservation of the Tacony House and other property in the district by the contracting party or parties be consistent with the plan provided for in this Section.

(3) Prior to any such transfer, the authority shall give notice of its intention to recommend to the governing authority of the town the transfer of property in the district. A notice of intention shall be published once a week for two consecutive weeks, beginning at least fourteen days prior to the date a resolution recommending transfer is to be considered by the authority. Such notice of intention shall include all of the following:

(a) A general description of the proposed transfer.

(b) A description of the property to be transferred.

(c) The proposed consideration to be given in exchange for said property.

(d) A statement that the proposed contract is on file for public inspection in the Vidalia Town Hall.

(e) A statement as to the appraised value of such property as determined by a real estate appraisal made within the previous twelve months.

(f) A statement that anyone objecting to the proposed transfer may file a written objection to said transfer at the Vidalia Town Hall by a specified date, which date shall be five days after the date of the last publication of such notice.

(4) Anyone who objects to the proposed transfer may file a written objection to the transfer at the Vidalia Town Hall by not later than five days after the date of the last publication of the notice required by Paragraph (3) of this Subsection.

(5) Should more than five percent of the resident electors of the town timely object in writing to said proposed transaction, an election shall be held for the purpose of submitting the question of the transfer to the voters in accordance with Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950. The town governing authority shall call the election to be held on a date authorized by R.S. 18:402(F) and shall submit the ballot proposition to the secretary of state.

(6) If the number of resident electors who object to the transfer is not such that an election is required pursuant to Paragraph (5) of this Subsection or if the question of the transfer is approved by a majority of those voting on the proposition at an election held pursuant to said Paragraph, the authority shall adopt a resolution recommending the transfer and shall submit the resolution, the contract, and other relevant information to the governing authority of the town.

(7)(a) The governing authority of the town may then consider and adopt a resolution or ordinance authorizing the transfer. Such resolution or ordinance shall set forth, in a general way, the terms of the authorized transfer and include a statement that the contract is on file for public inspection in the Vidalia Town Hall. At its regularly scheduled meeting immediately prior to the meeting at which the resolution or ordinance will be considered, the governing authority of the town shall announce to those persons present that the resolution or ordinance will be considered at the next meeting.

(b) Such resolution or ordinance shall be published as soon as possible after adoption in one issue of the official journal of the town. For a period of thirty days from the date of publication of any such resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized transfer, after which time no one shall have any cause of action to contest the legality of the transfer for any cause whatsoever, and it shall be conclusively presumed thereafter that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of said thirty days.

G.(1) For the purpose of carrying out the provisions of this Section, the town may remit and the restoration authority may receive such funds as the town may deem appropriate. All funds received by the authority shall be deposited in a special account within the town treasury and shall be subject to a yearly audit by an auditing firm selected by the governing authority of the town.

(2) The expenditures of the authority shall be in accordance with one of the following procedures:

(a) The amounts appropriated to the authority by the town shall be expended for purposes specified by the town. The expenditure of money received from other sources shall be approved by the governing authority of the town.

(b) The authority may adopt an annual budget which shall be subject to approval by the governing authority of the town. Such budget shall be adopted and amended in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. If such a budget is adopted and approved, expenditures of the authority shall be as provided therein, except that additional expenses may be authorized as provided in Subparagraph (a).

(3) If the town authorizes the use of money for such purpose, either pursuant to a budget of the authority or otherwise, the authority may:

(a) Appoint employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding employees of the town of Vidalia.

(b) Contract with planning experts, engineers, architects, and other consultants for such services as it may require.

(c) Reimburse authority members for actual expenses incurred in carrying out the official duties of the authority.

H.(1) Before the commencement of any work in the erection of any new building or in the alteration of, addition to, painting, repainting, or demolishing of any existing building within the district, the owner or lessor shall submit an application to the authority for a permit therefor. Such application shall be accompanied by the full plans and specifications thereof, so far as they relate to the proposed appearance, color, texture of materials, and architectural design of the exterior, including the front, sides, rear, and roof of such building, or alteration or addition of any outbuilding, party wall, courtyard, fence, or other dependency thereof.

(2) The authority shall upon due consideration report its recommendation regarding the issuance of a permit, including any recommendations for changes as in its judgment are reasonably necessary to comply with the provisions of the plan provided for in this Section, by sending them in writing to the governing authority of the town with the application and documents submitted. If the governing authority of the town finds that the proposed work complies reasonably with all regulations, ordinances, and laws of the town and with the plan provided for in this Section to the extent that the town shall deem necessary, the town may issue a permit for such work.

(3) No work as described in this Subsection shall begin within the district prior to such permit being obtained.

I. The authority may require approval of signage in the district and may adopt guidelines regulating the appearance, color, size, position, method of attachment, texture of materials, and design of signs in accordance with the character and overall design of the district. The authority may provide for the issuance of permits for signage and may require such a permit prior to the erection, placement, or alteration of any sign.

Acts 1997, No. 1327, §1.
La. Rev. Stat. § 33:130.536 — LA Code / Code revised-statutes / Title 33 / Section 130.536
Obligations of the district
Status: in_force

A. The district shall have authority to incur debt for any one or more of its lawful purposes set forth in this Subpart, to issue in its name negotiable bonds, notes, certificates of indebtedness, or other evidences of debt and to provide for the security and payment thereof.

B.(1) The district may in its own name and behalf incur debt and issue general obligation ad valorem property tax secured bonds under the authority of and subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, when approved by a majority of the qualified voters who vote in a special election called and conducted under the authority of the Louisiana Election Code, including Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. General obligation bonds of the district may be issued for any of the purposes for which the district is created or is authorized to act under any provisions of this Subpart, all of which purposes are hereby found and declared to be public purposes and functions of the state of Louisiana, which are delegated to the district.

(2) The district may in its own name and behalf issue revenue bonds for the purposes for which the district is created or is authorized to act under any of the provisions of this Subpart, including improvement revenue bonds. Said bonds shall be issued in the manner as provided in R.S. 39:991 through 1001 and R.S. 39:1011 through 1024.

(3) The district may in its own name and behalf borrow from time to time in the form of certificates of indebtedness. The certificates shall be secured by the dedication and pledge of monies of the district derived from any lawful sources, including fees, lease rentals, service charges, local service agreement payments from one or more other contracting parties, the avails of ad valorem property taxation, or any combination of such sources of income, provided that the term of such certificates shall not exceed ten years and the annual debt service on the amount borrowed shall not exceed the anticipated revenues to be dedicated and pledged to the payment of the certificates of indebtedness, as shall be estimated by the board of commissioners of the district at the time of the adoption of the resolution authorizing the issuance of such certificates. The estimate of the board of commissioners referred to in the authorizing resolution shall be conclusive for all purposes of this Section.

(4) The district may borrow the amount of the anticipated ad valorem tax, not to exceed five mills, authorized by R.S. 33:130.536 for a period not to exceed ten years and may issue certificates of indebtedness therefor and may dedicate the avails of the tax funded for the payment thereof for the period of time said certificates are outstanding.

(5) The board of commissioners, as the governing authority of the district, is authorized to adopt all necessary resolutions or ordinances which may be necessary for ordering, holding, canvassing, and promulgating the returns of any election required for the issuance of general obligation bonds, or limited tax secured obligations or for the voting of a property tax millage, which resolutions or ordinances may include covenants for the security and payment of any bonds or other evidence of debt so issued.

(6) For a period of thirty days from the date of publication of any resolution or ordinance authorizing the issuance of any bonds, certificates of indebtedness, notes, or other evidence of debt of the district, any interested person may contest the legality of such resolution or ordinance and the validity of such bonds, certificates of indebtedness, notes, or other evidence of debt issued or proposed to be issued thereunder and the security of their payment, after which time no one shall have any cause of action to contest the legality of said resolution or ordinance or to draw in question the legality of said bonds, certificates of indebtedness, notes, or other evidence of debt, the security therefor, or the debts represented thereby for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with, and no court shall have authority to inquire into such matters after the lapse of thirty days.

(7) The issuance and sale of such bonds, certificates of indebtedness, notes, or other evidence of debt by the district shall be subject to approval by the State Bond Commission.

(8) Such bonds, certificates of indebtedness, notes, or other evidence of debt shall have all the qualities of negotiable instruments under the commercial laws of the state of Louisiana.

Acts 1995, No. 359, §2.
La. Rev. Stat. § 33:4699.1 — LA Code / Code revised-statutes / Title 33 / Section 4699.1
City of Lake Charles; lakefront property
Status: in_force

A.(1) The city of Lake Charles shall have and exercise all and singular the powers now conferred upon said city by law, as well as such powers as are herein granted. The city, and any person acquiring the right to use or possess the property described in this Paragraph from the city as authorized in this Subsection, shall have the right, jurisdiction, power, and authority as provided in this Subsection, to locate, relocate, construct, maintain, extend, and improve embankments, seawalls, jetties, breakwaters, water basins, and other works in relation to this project, and to conduct all dredging operations necessary in connection therewith and/or incidental thereto, along, over, and on the shores, bottom, and bed of Lake Charles, in the parish of Calcasieu, along the Eastern shore of said lake from the point at which a westerly extension of the south right-of-way line of Broad Street intersects the Eastern shore of Lake Charles on the north to the point at which the north bank of Pithon Coulee intersects the Eastern shore of Lake Charles on the south, the said embankments, seawalls, jetties, breakwaters, water basins, and other works to be of such character and extent and of such height, width, slope, design, and material as said city may determine, and said city shall have power and authority to protect the same as may be deemed necessary and proper. The right, jurisdiction, power, and authority heretofore granted shall extend over the area which is more particularly described as follows, to wit:

A tract in Section 31, Township 9 South, Range 8 West and in Section 6, Township 10 South, Range 8 West, Calcasieu Parish, Louisiana, described as follows:

Commencing at a point on the Eastern shore line of "Lake Charles" in the City of Lake Charles, Louisiana, said point also being on a Westerly prolongation of a line, said line being South 10 degrees and 45 minutes West, a distance of 50 feet from the center line of Broad Street and parallel to Broad Street, and said line having a true bearing of North 79 degrees and 15 minutes West;

Thence in a Southerly direction following the Eastern shore line of "Lake Charles" to a point of intersection of the North Bank of Pithon Coulee, and the Eastern shore line of "Lake Charles," said point being on the North face of the existing concrete flood gate structure across the mouth of Pithon Coulee and said point having coordinates of X equals 1,403,803.60 and Y equals 571,099.65, Louisiana Coordinate System South Zone;

Thence North 135 degrees, 17 minutes, 13 seconds West (grid bearing) a distance of 267.56 feet to a point of curvature of a 27 degree, 33 minute, 33 second curve to the left, said curve having a delta of 27 degrees, 2 minutes, 46 seconds, a radius of 207.90 feet, a tangent of 50 feet, and a long chord of 97.23 feet which bears North 121 degrees, 45 minutes, 50 seconds West (grid bearing);

Thence Northwesterly along the arc of above described 27 degree, 33 minutes, 33 second curve to the left, a distance of 98.14 feet to the point of tangency of said curve;

Thence North 108 degrees, 14 minutes, 27 seconds West (grid bearing) a distance of 382.5 feet to a point of curvature of a 28 degree, 38 minutes, 52 second curve to the right, said curve having a delta of 90 degrees, 0 minutes, 0 seconds, a radius of 200 feet, a tangent of 200 feet, and a long chord of 282.84 feet which bears North 153 degrees, 14 minutes, 27 seconds West (grid bearing);

Thence Northwesterly along the arc of above described 28 degree, 38 minutes, 52 second curve to the right, a distance of 314.16 feet to the point of tangency of said curve;

Thence North 198 degrees, 14 minutes, 27 seconds East (grid bearing) a distance of 1133.5 feet to a point of curvature of a 4 degree, 47 minute, 31 second curve to the left, said curve having a delta of 8 degrees, 48 minutes, 0 seconds, a radius of 1195.65 feet, a tangent of 92.0 feet, and a long chord of 183.46 feet which bears North 193 degrees, 50 minutes, 27 seconds East (grid bearing);

Thence Northeasterly along the arc of above described 4 degrees, 47 minutes, 31 second curve to the left, a distance of 183.64 feet to point of tangency of said curve;

Thence North 189 degrees, 26 minutes, 27 seconds East (grid bearing) a distance of 345.0 feet to a point of curvature of a 40 degree, 36 minutes, 13 second curve to the left, said curve having a delta of 87 degrees, 53 minutes, 14 seconds, a radius of 141.11 feet, a tangent of 136.0 feet, and a long chord of 195.85 feet which bears North 145 degrees, 29 minutes, 50 seconds West (grid bearing);

Thence Northwesterly along the arc of the above described 40 degree, 36 minute, 13 second curve to the left, to a point being on a Westerly prolongation of a line, said line being South 10 degrees, 45 minutes West, a distance 50 feet from the center line of Broad Street and parallel to Broad Street and said line having a true bearing of North 79 degrees and 15 minutes West;

Thence South 79 degrees, 15 minutes East (true bearing) on a Westerly prolongation of a line being South 10 degrees, 45 minutes West, a distance of 50 feet from the center line of Broad Street and parallel to Broad Street, to the point of commencement.

(2) In planning, designing, and executing said project, the city of Lake Charles shall have jurisdiction, power, and authority within the territorial limits of said project to dedicate to public use and to lay out, construct, embellish, and maintain a system of public parks, plazas and parkways, beaches, and streets, with the necessary and related developments herein contemplated.

(3)(a) Notwithstanding any other provision of this Subsection to the contrary, upon approval by a vote of a majority of the electors qualified to vote in the city of Lake Charles who vote in a special election called for the purposes authorized herein, the city shall have full and exclusive right, jurisdiction, power, and authority to use or lease to third parties, up to a maximum term of ninety-nine years, for any lawful, commercial, profit-oriented purposes other than gaming, the property as described in Paragraph (1) of this Subsection, including but not limited to the authority to construct, acquire, extend, or improve facilities such as marinas, motels, hotels, restaurants, retail shops, boating facilities, and parking facilities and other economic development uses permitted in accordance with the zoning regulation of the city. The governing authority of the city of Lake Charles is authorized to call a special election to submit the question of commercial, profit-oriented usage of the areas described in this Subsection to those electors qualified to vote within the city. The call for and the holding of the election shall be in accordance with law and with respect to the commercial, profit-oriented development project, shall:

(i) Reasonably and fairly identify the area of land to be used or leased for commercial development;

(ii) Describe the general nature and extent of the proposed commercial project;

(iii) Describe the anticipated cost of the development project, including the estimated amount of public funds to be used or expended in the construction or operation of the project; and

(iv) Indicate whether the property will be leased for development and if so, the term of the lease, the rent or other consideration to be paid and the identity of the developer who will be responsible for the development and operation of the project.

(b) If a majority of the qualified electors of the municipality who vote in the election approve the use of the property for specific commercial, profit-oriented purposes, the city shall have the full and exclusive right, jurisdiction, power, and authority to conduct such commercial, profit-oriented purposes or to lease, with or without public bid, in accordance with the provisions of the proposition, all or a portion of said properties for such purposes by ordinance authorizing such lease adopted by the governing authority of the city of Lake Charles in accordance with the provisions of the city charter.

(c) Scope of project; limitations. In planning, designing, and executing said project, the city shall have jurisdiction, power, and authority within the territorial limits of said project to lay out, construct, embellish and maintain any and all improvements of such character and extent and such height, width, slope, design, and material as said city may determine or approve, including but not limited to motels, hotels, retail shops, restaurants and boating facilities and other economic development uses permitted in accordance with the zoning regulations of the city as amended.

(4)(a) The city of Lake Charles may acquire by donation, purchase, exchange, and expropriation, and include in said development and improvements, any private property along the shore of said lake within the above described limits and subject to the above restrictions. In event of expropriation, the compensation to be paid shall be the actual cash value of the property at the time of expropriation without adding thereto any enhanced value brought about, or to be brought about, solely by this development.

(b) All property owned by the state of Louisiana, or the title to which stands in the name of the state, and all property which by its nature, situation, and location is not susceptible of private ownership under the present law and constitution of the state, and is within the area of said works of reclamation and improvements, is hereby specifically vested in the city of Lake Charles.

(5)(a) To enable said city to perform the work herein provided for and to assist in defraying the costs and expenses thereof, and to carry out the purposes of existing laws and this Part, the state of Louisiana hereby grants and releases to said city the title of the state in and to all public property necessary for the purposes hereof and all lands reclaimed or filled in within any levee embankments, slopes, retaining walls, and breakwater constructed hereunder and in and to all lands lying within the territorial limits of said project, and hereby releases said land from any public trust or dedication. The state of Louisiana shall not itself undertake or authorize, permit, or empower any other governmental subdivision or agency or any person, firm, association, corporation, or other entity whatsoever to reclaim the bed of said lake or any part thereof or to construct any works thereon within the territorial limits described in Paragraph (1) of this Subsection.

(b) In addition to the authority to incur debt and issue bonds, authority is hereby given to issue bonds and incur additional debt not to exceed three million dollars in principal at one time outstanding, and the said city, when authorized by a vote of the qualified taxpaying voters of the city of Lake Charles, in the manner provided by present or future applicable laws, may for the purpose of financing the public improvements herein authorized make said bonds the obligation of the city of Lake Charles, and for the retirement thereof said city is authorized to impose and collect, in excess of all other taxes, a tax sufficient for the payment of principal and interest on the bonds so authorized to be issued hereunder.

(c) The said bonds, notes, or certificates of indebtedness shall be exempt from all taxation for state, parish, and municipal purposes, and savings banks and insurance companies shall be authorized to invest the funds in their hands therein, and said bonds, notes, and certificates of indebtedness may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana, in any case whereunder by any present or future laws, deposit of security may be required. Said bonds, notes, and certificates of indebtedness shall be deemed to be negotiable instruments and incontestable in the hands of bona fide holders, for value; however, nothing herein contained shall be construed as pledging the credit of the state of Louisiana for the payment of said bonds, notes, or certificates of indebtedness or be construed as constituting them obligations of the state of Louisiana.

(6) The power and authority hereby conferred shall be in addition to any power to issue bonds or other evidences of indebtedness and to borrow money now or hereafter conferred by law upon said city of Lake Charles.

(7) The provisions hereof are self-executing and self-operative, and the city of Lake Charles is authorized to carry them into effect.

B.(1)(a) City of Lake Charles; rights and powers; improvement projects. The city of Lake Charles shall have and exercise all and singular the powers now conferred upon said city by law as well as such powers as are herein granted with respect to the property described in this Subparagraph. The city and any third parties acquiring the right to use or possess the property described in this Subparagraph from the city as authorized herein shall have the full and exclusive right, jurisdiction, power, and authority to locate, relocate, construct, maintain, and extend improvements of any kind, including, without limitation, improvements to embankments, seawalls, jetties, breakwaters, and water basins, and to conduct all dredging operations necessary in connection therewith or incidental thereto, along, over, and on the following described property situated on the shore, bottom, and bed of Lake Charles in the parish of Calcasieu, being more particularly described as follows, to wit:

Land description. A tract of land lying in Section 31, Township 9 South, Range 8 West and in Section 36, Township 9 South, Range 9 West, La.Mer., in the city of Lake Charles, parish of Calcasieu, Louisiana, and on the shore, bottom and bed of Lake Charles, to-wit:

A tract of land in Section 31, Township 9 South, Range 8 West, and in Section 36, Township 9 South, Range 9 West in the City of Lake Charles and the Parish of Calcasieu, beginning at a point 125 feet South, 6 degrees and 10 minutes West of the center line of U.S. Highway No. 90, also known as Interstate 10 (said center line shown on plans of the Louisiana Department of Highways State Project No. 3-30-07, dated October 25, 1950), and North 80 degrees 35 minutes West a distance of 50 feet from the prolongation of the West line of the J. A. Bel, et al property (as per agreement boundary between J. A. Bel, et al and the State of Louisiana in accordance with plat filed in records of the Parish of Calcasieu in Plat Book No. 6, page 57) for a point of commencement;

Thence South 6 degrees and 10 minutes West a distance of 352 feet;

Thence South 44 degrees and 58 minutes West a distance of 680 feet, more or less, to point which is 1050 feet South of the center line of U.S. Highway No. 90;

Thence South 89 degrees and 58 minutes West following along a line parallel to and 1050 feet South of the center line of U.S. Highway No. 90 to a point, said point being on the left descending bank of the Calcasieu River;

Thence North 0 degrees and 2 minutes West following the left descending bank of the Calcasieu River 990 feet to a point, said point being 60 feet South of the center line of the U.S. Highway No. 90 Bridge, and on the South right-of-way line of U.S. Highway No. 90;

Thence North 89 degrees and 58 minutes East following the South right-of-way line which is parallel to and 60 feet South of the center line of the U.S. Highway No. 90, Calcasieu River Bridge, a distance of 2200 feet, more or less, to a point, said point being 503 feet West of the East end of the Calcasieu River Bridge, said East end of Calcasieu River Bridge being at Highway Station 622+06.94 on State Project No. 3-30-07;

Thence South 0 degrees and 2 minutes East a distance of 65 feet to a point which is 125 feet South of the center Line of U.S. Highway No. 90, Calcasieu River Bridge;

Thence North 89 degrees and 58 minutes East following a line parallel to and 125 feet South of the center line of the Calcasieu River Bridge and the center line of U.S. Highway No. 90 to a point, said point being 125 feet South of the center line of U.S. Highway No. 90 and a Westerly distance of 1348.8 feet (as measured along a line 25 feet South of the South edge of the right service road) from the West line of the J. A. Bel, et al property as per agreement boundary;

Thence South 5 degrees and 10 minutes West a distance of 240 feet;

Thence South 84 degrees and 50 minutes East a distance of 444.5 feet;

Thence North 5 degrees and 10 minutes East a distance of 240 feet to a point 125 feet South of the center line of U.S. Highway No. 90;

Thence Easterly along a line parallel to and 125 feet South of the center line of U.S. Highway No. 90 to the point of beginning.

(b)(i) Notwithstanding any other provision of this Subsection to the contrary, upon approval by a vote of a majority of the electors qualified to vote in the city of Lake Charles who vote in a special election called for the purposes authorized herein, the city shall have full and exclusive right, jurisdiction, power, and authority to use or lease to third parties, up to a maximum term of ninety-nine years for any lawful, commercial, profit-oriented purposes the property as described in Subparagraph (a) of this Paragraph including but not limited to the authority to construct, acquire, extend, or improve facilities such as marinas, motels, hotels, restaurants, retail shops, boating facilities, parking facilities, related facilities, and other uses permitted by the zoning regulations of the city, other than for the operation of gaming-related facilities. The governing authority of the city of Lake Charles is authorized to call a special election to submit the question of commercial profit-oriented usage of the areas described in Subparagraph (a) of this Paragraph to those electors qualified to vote within the city. The call for and the holding of the election shall be in accordance with law and, regarding the proposed commercial, profit-oriented development project, shall:

(aa) Reasonably and fairly identify the area of land to be used or leased for commercial development.

(bb) Describe the general nature and extent of the proposed commercial project.

(cc) Describe the anticipated costs of the development project, including the estimated amount of public funds to be used or expended in the operation of the project.

(dd) Indicate whether the property will be leased for development and if so, the term of the lease, the rent or other consideration to be paid and the identity of the developer who will be responsible for the development and operation of the project.

(ii) If a majority of the qualified electors of the city of Lake Charles who vote in the election approve the use of the property for specific commercial profit-oriented purposes , the city shall have the full and exclusive right, jurisdiction, power, and authority to conduct such commercial profit-oriented purposes or to lease, or otherwise authorize third parties to use with or without public bid, in accordance with the provisions of the proposition, all or a portion of said property for such purposes, by ordinance adopted by the city of Lake Charles in accordance with the provisions of the city charter.

(iii) Notwithstanding any other provision herein to the contrary, all or any portion of the property described in this Item may be used or leased for the development and operation of gaming-related facilities and any other commercial, profit-oriented purpose associated therewith provided that such use is approved by the voters of the city of Lake Charles in the manner set forth in this Subsection. The property to which this Item is applicable is described as follows: A tract or parcel of land lying in Section 31, Township 9 South, Range 8 West, in the city of Lake Charles, Calcasieu Parish, Louisiana, and being more particularly described as: Beginning at a point 125.0 feet (Record & Measured) South 6 degrees 10 minutes West (Record) South 6 degrees 1 minute West (Measured) of the centerline of U. S. Highway No. 90, also known as Interstate 10 (said centerline shown on the plans of the Louisiana Department of Highways now the Louisiana Department of Transportation and Development, State Project No. 3-30-07, dated October 25, 1950), and North 80 degrees 35 minutes West (Record & Measured), a distance of 50.0 feet from the prolongation of the West line of the J. A. Bel et al. property (as per agreement boundary between J. A. Bel, et al. and the State of Louisiana in accordance with the plat filed in records of the Parish of Calcasieu in Plat Book 6 at Page 57);

Thence South 6 degrees 10 minutes West (Statute) South 6 degrees 1 minute West (Record & Measured) a distance of 352.0 feet (Record & Measured);

Thence South 44 degrees 58 minutes West (Statute) a distance of 680.0 feet more or less (Statute) 731.28 feet (Calculated), to a point 1050.0 feet South of the centerline of said U. S. Highway No. 90;

Thence South 89 degrees 58 minutes West (Statute) following along a line parallel to and 1050 feet South of the centerline of said U. S. Highway No. 90, a distance of 325.71 feet (Calculated);

Thence North 0 degrees 2 minutes West (Calculated) 925.0 feet (Calculated) to a point 125.0 feet South of the centerline of said U. S. Highway No. 90;

Thence North 89 degrees 58 minutes East 63.67 feet along the line that is 125 feet South of the centerline of U. S. Highway No. 90 to the beginning of a spiral curve to the right;

Thence along the spiral curve to the right Chord Bearing South 89 degrees 40 minutes 12 seconds East (Calculated) for a distance of 147.54 feet (Calculated) to the Spiral to Curve; thence along curve to the right, Chord Bearing South 87 degrees 0 minutes 30 seconds East (Calculated) 245.01 feet (Calculated), to the Curve to Spiral; thence along the spiral curve, Chord Bearing South 84 degrees 20 minutes 48 seconds (Calculated) 147.54 feet (Calculated) to the Spiral to Tangent, and Curve Data being Delta 6 degrees 3 minutes (Calculated), Degree of curve 1 degree 33 minutes 3 seconds (Calculated), Length of spiral 147.54 feet (Calculated), Delta of spiral 1 degree 7 minutes 30 seconds (Calculated), Tangent of spiral 270.26 feet (Calculated) and Radius of curve 3694.72 feet (Calculated);

Thence South 83 degrees 59 minutes East (Calculated) along a line parallel to and 125.0 feet South of the centerline of said U. S. Highway No. 90, a distance of 278.76 feet (Calculated) to point of beginning.

LESS AND EXCEPT: Begin at the Northwest corner of the above described tract of land;

Thence North 89 degrees 58 minutes East 63.67 feet along a line that is 125 feet South of the centerline of U. S. Highway No. 90 to the beginning of a spiral curve to the right;

Thence along the spiral curve to the right chord bearing South 89 degrees 40 minutes 12 seconds East (Calculated) for a distance of 147.54 feet (Calculated);

Thence South 0 degrees 2 minutes East 250.0 feet;

Thence Westerly to a point on the West line of the above described tract, said point being South 0 degrees 2 minutes East 250.0 feet from the point of beginning;

Thence North 0 degrees 2 minutes West 250.0 feet to the point of beginning.

(2)(a) Scope of project; limitations. In planning, designing, and executing said project, the city or any person acquiring the right to use or possess the property from the city as authorized herein shall have jurisdiction, power, and authority within the limits of said property to lay out, construct, embellish, and maintain facilities and improvements for commercial, profit-oriented use of such character and extent and of such height, width, slope, design, and material as said city may determine or approve, including but not limited to motels, hotels, retail shops, restaurants, boating facilities, parking facilities, and other uses permitted in accordance with the zoning regulations of the city and approved by the voters in the manner set forth in this Subsection.

(b) No construction shall be entered into which shall in any way reduce the slope of that portion of the embankment lying within the area bounded by a line sixty feet South of the surveyed centerline of U.S. Highway No. 90 and the centerline of U.S. Highway No. 90, nor shall any construction be done which shall in any manner affect the stability of the road bed of the present U.S. Highway No. 90.

(3)(a) Acquisition of property; expropriation. Said city may acquire by donation, purchase, exchange, and expropriation, and include in the development and improvements of the property described in Subparagraph (1)(a) of this Subsection, any private property along the shore of said lake within the above-described limits and may, notwithstanding any laws to the contrary, use or lease to private persons, for commercial, profit-oriented use, without first offering to the person from which it was acquired and without public bidding, any private land within such limits however acquired. In the event of expropriation, the compensation to be paid shall be the actual cash value of the property at the time of expropriation, without adding thereto any enhanced value brought about or to be brought about solely by this development.

(b) Title to property. Title to all property owned by the state of Louisiana, or the title to which stands in the name of the state, and all property which by its nature, situation, and location is not susceptible of private ownership under the present law and constitution of the state, and is within the area of said works of reclamation and improvements, is hereby specifically vested in said city of Lake Charles with full power and authority to use or lease such property as provided in Subparagraph (a) of this Paragraph.

(c) Mineral reservation. There is particularly excepted from this grant a reservation to the state of all the oil, gas, and other minerals lying on, in, or under the above-described property. This reservation does not include the right to use the surface of lands for any purpose, including but not limited to the location of drill sites, surface facilities, ingress and egress, or for any other operations performed or conducted in connection with the production, recovery, treatment, or surfacing of any minerals.

(4)(a) State grant and release; financing. To enable the city of Lake Charles to perform the work herein provided for and to assist in defraying the costs and expenses thereof, and to carry out the purposes of the existing laws and this Part, the state of Louisiana hereby grants and releases to said city the title of the state in and to all public property necessary for the purposes hereof and all lands reclaimed or filled in within any levee embankments, slopes, retaining walls, and breakwater constructed hereunder and in and to all lands lying within the territorial limits of said project, and hereby releases said land from any public trust or dedication.

(b) Additional bonds; authorization; amount; tax. In addition to the authority granted to the city of Lake Charles to incur debt and issue bonds under any provisions of the constitution or laws of the state of Louisiana, it is hereby authorized to issue bonds and incur additional debt not to exceed in the aggregate ten percent of the assessed valuation of the taxable property located within the city of Lake Charles, and the city, when authorized by a vote of the qualified taxpaying voters of the city of Lake Charles, in the manner provided by present or future applicable laws, may for the purpose of financing the public improvements herein provided and those provided for or which may be provided for under Subsection C of this Section, if adopted, make said bonds the obligation of the city of Lake Charles, and for the retirement thereof, said city is authorized to impose and collect, in excess of all other taxes, a tax sufficient for the payment of principal and interest on the bonds so authorized to be issued hereunder.

(c) Bonds; tax exemption; investment; negotiability. The said bonds, notes, or certificates of indebtedness shall be exempt from all taxation for state, parish, and municipal purposes, and savings banks and insurance companies shall be authorized to invest the funds in their hands therein. Said bonds, notes, and certificates of indebtedness may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana in any case whereunder by any present or future laws deposit of security may be required. Said bonds, notes, and certificates of indebtedness shall be deemed to be negotiable instruments and incontestable in the hands of bona fide holders, for value; however, nothing herein contained shall be construed as pledging the credit of the state of Louisiana for the payment of said bonds, notes, or certificates of indebtedness, or be construed as constituting them obligations of the state of Louisiana.

(5) Scope of authority granted. The power and authority hereby conferred shall be in addition to any power to issue bonds or other evidences of indebtedness and to borrow money now or hereafter conferred by law upon said city.

(6) Limitation. Irrespective of the amount of improvements to be made along the north shore and along the east shore of Lake Charles north of Broad Street extended, as provided in this Section, the power of the city of Lake Charles to incur debt and issue additional bonds shall be limited, in the aggregate, to not more than ten percent of the assessed valuation of the taxable property in the city of Lake Charles.

(7) Self-executing provisions. The provisions hereof are self-operative and self-executing, and the city of Lake Charles is authorized to carry them into effect.

(8) Transfer of title. The register of the state land office is hereby authorized and directed to perform all acts necessary to transfer title to the herein described property to the city of Lake Charles.

C.(1) City of Lake Charles; rights and powers; improvement projects. The city of Lake Charles shall have and exercise all and singular the powers now conferred upon said city by law as well as such powers as are herein granted. Said city shall have full and exclusive right, jurisdiction, power, and authority, for noncommercial and nonprofit purposes, except in the manner and as hereinafter set out, to locate, relocate, construct, maintain, extend, and improve embankments, seawalls, jetties, breakwaters, water basins, and other works in relation to this project, and to conduct all dredging operations necessary in connection therewith and/or incidental thereto, along, over, and on the following described property situated on the shore, bottom, and bed of Lake Charles in the parish of Calcasieu, being more particularly described as follows, to wit:

Land description. A tract of land lying in Section 31, Township 9 South, Range 8 West, La. Mer., in the city of Lake Charles, parish of Calcasieu, Louisiana, and on the shore, bottom and bed of Lake Charles, to wit:

A tract of land in Section 31, Township 9 South, Range 8 West, in the city of Lake Charles and the parish of Calcasieu, beginning at a point in the Westerly prolongation of the South side of Lawrence Street a distance of 125 feet West of the center line of U.S. Highway No. 90 (said center line as shown on the plans of the Louisiana Highway Department State Project No. 3-30-07 dated October 25th, 1950) for a point of commencement;

Thence West to a point in the southerly prolongation of the West side of what was formerly Orange Street in the city of Lake Charles;

Thence South 60 degrees and 9 minutes West 900 feet;

Thence South 4 degrees and 40 minutes East to a point in the Westerly prolongation of a line, said line being South 10 degrees and 45 minutes West a distance of 50 feet from the center line of Broad Street and parallel to Broad Street and said line having a bearing of North 79 degrees and 15 minutes West;

Thence South 79 degrees and 15 minutes East to a point in a line, said line being parallel to and 125 feet Southwesterly from the center line of U.S. Highway No. 90;

Thence Westerly and Northerly along a line parallel to and 125 feet Southerly and Westerly from the center line of U.S. Highway No. 90 to the point of commencement.

(2)(a) Scope of project; limitations. In planning, designing, and executing said project, the said city shall have jurisdiction, power, and authority within the territorial limits of said project to dedicate to public use and to lay out, construct, embellish, and maintain embankments, seawalls, jetties, breakwaters, water basins, and other works to be of such character and extent and of such height, width, slope, design, and material as said city may determine, as well as a system of public parks, playgrounds, swimming pools, concession stands, plazas and parkways, beaches, streets, and parking areas.

(b) No construction shall be entered into which shall in any way reduce the slope of that portion of the embankment lying within the area bounded by a line sixty feet South of the surveyed centerline of U.S. Highway No. 90 and the centerline of U.S. Highway No. 90 nor shall any construction be entered into which shall in any manner affect the stability of the road bed of the present U.S. Highway No. 90.

(3)(a) Acquisition of property; expropriation. Said city may acquire by donation, purchase, exchange, and expropriation, and include in said development and improvements, any private property along the shore of said lake within the above-described limits and subject to the above restrictions. In the event of expropriation, the compensation to be paid shall be the actual cash value of the property at the time of expropriation without adding thereto any enhanced value brought about, or to be brought about, solely by this development.

(b) Title to property. Title to all property owned by the state of Louisiana, or the title to which stands in the name of the state, and all property which by its nature, situation, and location is not susceptible of private ownership under the present law and constitution of the state, and is within the area of said works of reclamation and improvements, is hereby specifically vested in said city of Lake Charles.

(c) Mineral reservation. There is particularly excepted from this grant and reserved to the state all the oil, gas, and other minerals lying on, in, or under the above-described property.

(4)(a) State grant and release; restriction on further reclamation; financing. To enable said city to perform the work herein provided for and to assist in defraying the costs and expenses thereof, and to carry out the purposes of the existing laws and this Part, the state of Louisiana hereby grants and releases to said city the title of the state in and to all public property necessary for the purposes hereof and all lands reclaimed or filled in within any levee embankments, slopes, retaining walls, and breakwater constructed hereunder and in and to all lands lying within the territorial limits of said project, and hereby releases said land from any public trust or dedication. No further reclamation shall be made or other works constructed by said city beyond said established limits as above specified; and the state of Louisiana shall not itself undertake, or authorize or permit any other governmental agency or any person, association, firm, or corporation whatsoever, to reclaim the bed of said lake or any part thereof, or to construct any works thereon, within the territorial limits described in Paragraph (1) of this Subsection.

(b) Additional bonds; authorization; amount; tax. In addition to the authority granted to the city of Lake Charles to incur debt and issue bonds under any other provisions of this Constitution* or laws of the state of Louisiana, authority is hereby given to issue bonds and incur additional debt not to exceed in the aggregate ten percent of the assessed valuation of the taxable property located within the city of Lake Charles, and the said city, when authorized by a vote of the qualified taxpaying voters of the city of Lake Charles, in the manner provided by present or future applicable laws, is authorized, for the purpose of financing the public improvements herein provided and those provided along the north shore, to make said bonds the obligation of the city of Lake Charles, and for the retirement thereof, said city is authorized to impose and collect, in excess of all other taxes, a tax sufficient for the payment of principal and interest on the bonds so authorized to be issued hereunder.

(c) Bonds; tax exemption; investment; negotiability. The said bonds, notes, or certificates of indebtedness shall be exempt from all taxation for state, parish, and municipal purposes, and savings banks and insurance companies shall be authorized to invest the funds in their hands therein, and said bonds, notes, and certificates of indebtedness may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana, in any case whereunder by any present or future laws deposit of security may be required. Said bonds, notes, and certificates of indebtedness shall be deemed to be negotiable instruments and incontestable in the hands of bona fide holders, for value; however, nothing herein contained shall be construed as pledging the credit of the state of Louisiana for the payment of said bonds, notes, or certificates of indebtedness, or be construed as constituting them obligations of the state of Louisiana.

(5) Scope of authority granted. The power and authority hereby conferred shall be in addition to any power to issue bonds or other evidences of indebtedness and to borrow money, now or hereafter conferred by law upon said city.

(6) Limitation. Irrespective of the amount of improvements to be made along the north shore and along the property described herein on the east shore of Lake Charles north of Broad Street extended, as provided in this Section, the power of the city of Lake Charles to incur debt and issue additional bonds shall be limited in the aggregate to not more than ten percent of the assessed valuation of the taxable property in the city of Lake Charles.

(7) Self-executing provisions. The provisions hereof are self-executing, and the city of Lake Charles is authorized to carry them into effect.

(8) Transfer of title. The register of the state land office is hereby directed to perform all acts necessary to transfer title to the herein described property to the city of Lake Charles.

(9) Referendum on vote to incur debt and issue bonds. No debt of any kind shall be incurred and no bonds shall be issued without the approval of a majority of the qualified electors of the city of Lake Charles.

(10) Referendum on commercial use of lake front property. Notwithstanding any other provision of this Subsection to the contrary, upon approval by a vote of a majority of the electors qualified to vote in the city of Lake Charles in a special election called for the purpose, said city shall have full and exclusive right, jurisdiction, power, and authority to conduct for commercial and revenue producing purposes such operations as are described in Paragraph (1) of this Subsection and also to construct, acquire, extend, or improve facilities such as marinas, motels, hotels, restaurants, and boating facilities. The governing authority of the city of Lake Charles is authorized to call a special election to submit the question of commercial usage of the areas described in this Subsection to those electors qualified to vote. The call for and the holding of the election shall be in accordance with law. If a majority of the qualified electors of the municipality approve the commercial usage of the areas described in this Subsection, said city shall have the full and exclusive right, jurisdiction, power, and authority to conduct and effectuate such commercial and revenue-producing purposes.

D.(1) As a result of the approval by a majority of the electors in a special election held on May 5, 2007, the city has full and exclusive right, jurisdiction, power, and authority to lease and develop all or any portion of any of the property described in Subsections A, B, and C of this Section or in Paragraph (3) of this Subsection for any commercial and profit-oriented purpose, other than gaming, and for any residential purpose in accordance with the procedures provided in Paragraph (2) of this Subsection pursuant to the terms and conditions of the voter referendum and in accordance with the design guidelines for such development as referenced therein. Accordingly, the governing authority of the city of Lake Charles may also construct, acquire, extend, or improve facilities such as marinas, motels, hotels, restaurants, residential housing, commercial office space, and boating facilities and provide roads, sewer, water, and other utilities to facilitate the voter plan for commercial or residential use pursuant to the terms and conditions of the voter referendum and the design guidelines as referenced therein.

(2) Notwithstanding any other provision of law to the contrary, leases of lakefront property described in Subsections A, B, and C of this Section and in Paragraph (3) of this Subsection may be entered into with any natural or juridical person for development in accordance with the terms and conditions of the voter referendum and the design guidelines set forth in the permit issued pursuant thereto. The procedure and authority for the lease of property with or without public bid set forth in R.S. 33:4717.2 shall apply to the disposition of this property. Accordingly, the city of Lake Charles may, in determining the consideration for the disposition of said property, consider the potential value of the economic impact of the commercial and profit-oriented development as well as the value of the land, building or other properties involved.

(3)(a) The following-described property now owned by the governing authority of the city of Lake Charles and located immediately adjacent to the land described in Paragraph (B)(1) of this Section may also be sold for development for any commercial and profit-oriented purpose and for any residential purpose in accordance with terms and conditions of the voter referendum and the design guidelines set forth in the permit issued pursuant thereto. The procedure and authority for the sale of property with or without public bid set forth in R.S. 33:4717.2 shall apply to the disposition of this property. Accordingly, the city of Lake Charles may, in determining the consideration for the disposition of said property, consider the potential value of the economic impact of the commercial and profit-oriented development as well as the value of the land, building, or other property involved including:

A tract of land in Section 31, Township 9 South, Range 8 West, in the city of Lake Charles, parish of Calcasieu, Louisiana, more fully described as:

For a point of commencement, begin at the Southeast corner of Block 30 of Thomas Bilbo and Ann Lawrence subdivision in the city of Lake Charles, Louisiana;

Thence West along the North right of way line of Lawrence Street and along the West prolongation of the North right of way line of Lawrence Street, 450.0 feet to the point in the West right of way line of U.S. Highway No. 90 Business route and/or the West right of way line of Orange Street (abandoned) projected South;

Thence West, 60.0 feet along the agreement boundary line between the state of Louisiana and the J.A. Bel Estate;

Thence North 57° 50' 00" West record (North 57° 50' 45" measured), 451.25 record and measured feet along the said agreement line to the point of commencement of the tract herein described;

Thence North 32° 10'00" East 249.49 feet record (North 32° 00'15" East 250.90 feet measured);

Thence due North 148.03 feet record (North 00°18'02" West 148.03 feet measured);

Thence due East 80.0 feet record (South 89° 59' 48" East 80.06 feet measured);

Thence due North 96.6 feet record more or less (North 0° 06' 13" West 96.97 feet measured) to a point on the South right of way line of U.S. Highway No. 90 Business route;

Thence Westerly on the said right of way line along the arc of a curve having a radius of 355.0 feet [the chord of which bears North 76°44'00" West 47.72 feet record (North 76°52'12" West 47.73 feet measured)] an arc distance of 47.72 feet record (and measured);

Thence North 83°35'00" West 95.46 (North 83°59'03" West 95.41 feet measured) along said South right of way line;

Thence North 80°35'00" West 560.4 feet record (North 80°28'21" West 560.66 feet measured) along said South right of way line;

Thence North 80°35'0" West (North 80°34'31" West measured) 400 feet record and measured along said South right of way line;

Thence South 06°01'00" West (South 06°01'29" West measured) 12 feet record and measured;

Thence North 80°35'00" West (North 80°34'31" West measured) 50 feet record and measured;

Thence South 6°01'00" West 325 feet record (South 06°01'29" West 325.06 feet measured);

Thence South 80°35'00" East 450 feet record (South 80°34'31" East 449.12 feet measured);

Thence South 80°35'00" East 200 feet record (South 80°06'16" East 199.89 feet measured);

Thence South 57°50'00" East 378.25 feet record (South 57°50'45" East 379.75 feet measured) to the point of commencement, containing 9.246 Acres.

(b) The governing authority of the city of Lake Charles is authorized to execute any acts of correction that may be necessary in the future to conform the description of the property as described in Subparagraph (a) of this Paragraph to a more accurate survey or to correct any defects in the chain of title to the property.

E.(1) Notwithstanding any other provision of this Section to the contrary, the governing authority of the city of Lake Charles is authorized to call a special election in accordance with law seeking voter approval by those electors of the city qualified to vote regarding the revision or modification of the existing plan for commercial and residential usage of all or a portion of the land areas described in this Section. The proposition for the election shall include the following information with respect to the proposed project:

(a) Reasonably and fairly identify the area of land to be used or leased for residential or commercial development.

(b) Describe the general nature and extent of the proposed development project and generally describe any applicable design guidelines.

(2) If a majority of the qualified electors of the city of Lake Charles vote to approve the commercial or residential usage of all or any portion of the areas described in the ballot proposition, the city shall have the full and exclusive right, jurisdiction, power, and authority to authorize, conduct, and effectuate development in those land areas described in the proposition for the residential, commercial, and profit-oriented purposes as provided in Subsection D of this Section.

(3) The city of Lake Charles may also construct, acquire, extend, or improve facilities such as marinas, motels, hotels, restaurants, residential housing, commercial office space, and boating facilities and provide roads, sewer, water, and other nonelectric utilities as may be necessary to facilitate any such plan for commercial or residential use previously approved by the voters or as may be authorized in the future as provided herein or to make such site improvements as may be necessary to comply with applicable flood plain regulations. In exercising such authority the city shall also have authorization to develop the property pursuant to the provisions of R.S. 51:1151 through 1160.

(4) Nothing in this Subsection shall in any way supersede the sole authority and responsibility of the Louisiana Gaming Control Board relative to gaming as specified in R.S. 27:15 nor shall it affect any law regarding the requirement for or the conduct of any election or regarding the conduct of any form of gaming.

Acts 1997, No. 1095, §1; Acts 2001, No. 334, §1; Acts 2006, No. 518, §1; Acts 2015, No. 272, §1; Acts 2017, No. 290, §1, eff. June 16, 2017.
La. Rev. Stat. § 33:1181 — LA Code / Code revised-statutes / Title 33 / Section 1181
Preparation, publication, approval and recording of amendments
Status: in_force

When a municipality existing prior to July 29, 1898, and having a population of two hundred thousand or less, which has not come under the provisions of Part I of Chapter 2 of this Title, desires to amend its charter, the same may be done in this way: The municipal governing body may prepare, in writing, the desired amendments, have the same published for three weeks in a newspaper published in the municipality, if there be one, and, if none, then by posting for said time in at least three public places therein; the proposed amendments shall then be submitted to the governor, who shall submit them to the Attorney General for his opinion. If the Attorney General is of the opinion that the proposed amendments are consistent with the constitution and laws of the United States and of this state, including Part I of Chapter 2 of this Title, the Governor shall approve the proposed amendments. If, within thirty days after publication, one-tenth of the electors of the municipality protest against any proposed amendment, the Governor shall not approve the amendment protested against until it is submitted to and ratified by a majority of the electors of the municipality at an election held within sixty days after the protest has been made.

Amendments, when approved by the Governor, shall be recorded at the expense of the municipality, in the office of the Secretary of State and upon the records of the municipal governing body, and, when so recorded, shall have the force and effect of law.

Amended by Acts 1950, No. 205, §1.
La. Rev. Stat. § 33:4717.3 — LA Code / Code revised-statutes / Title 33 / Section 4717.3
Donation of abandoned or blighted property; municipality and parishes
Status: in_force

The governing authority of a municipality or parish may donate any abandoned or blighted housing properties owned by the parish to any nonprofit organization which is recognized by the Internal Revenue Service as a 501(c)(3) or 501(c)(4) nonprofit organization and which agrees to renovate and maintain such property until conveyance of the property by such organization.

Acts 1996, 1st Ex. Sess., No. 12, §1.
La. Rev. Stat. § 33:4720.110.1 — LA Code / Code revised-statutes / Title 33 / Section 4720.110.1
Disposition of property by quiet title and foreclosure action
Status: in_force

A. The authority may initiate an expedited quiet title and foreclosure action under this Section to quiet title to real property held by the authority or interests in tax reverted property held by the authority by recording with the register of conveyances a notice of pending expedited quiet title and foreclosure action. The notice shall include a legal description of the property; the street address of the property if available; the name, address, and telephone number of the authority; a statement that the property is subject to expedited quiet title proceedings and foreclosure under this Section; and a statement that any legal interests in the property may be extinguished by a district court order vesting title to the property in the authority. If a notice is recorded in error, the authority may correct the error by recording a certificate of correction with the register of conveyances. A notice or certificate under this Subsection need not be notarized and may be authenticated by a digital signature or other electronic means. If an authority has reason to believe that a property subject to an expedited quiet title and foreclosure action under this Section may be the site of environmental contamination, the authority shall provide the Department of Environmental Quality with any information in the possession of the authority that suggests the property may be the site of environmental contamination.

B. After recording the notice under Subsection A of this Section, the authority shall initiate a search of records identified in this Subsection to identify the owners of a property interest in the property who are entitled to notice of the quiet title and foreclosure hearing under this Section. The authority may enter into a contract with or may request from one or more authorized representatives a title search or other title product to identify the owners of a property interest in the property as required under this Subsection or to perform the other functions set forth in this Section required for the quieting of title to property under this Section. The owner of a property interest is entitled to notice under this Section if that owner's interest was identifiable by reference to any of the following sources before the date that the authority records the notice under Subsection A:

(1) Land title records in the office of the clerk of court.

(2) Tax records in the office of the assessor.

C. The authority may file a single petition with the district court to expedite foreclosure under this Section listing all property subject to expedited foreclosure by the authority and for which the authority seeks to quiet title. If available to the authority, the list of properties shall include a legal description of, a tax parcel identification number for, and the street address of each parcel of property. The petition shall seek a judgment in favor of the authority against each property listed and shall include a date, within ninety days, on which the authority requests a hearing on the petition. The petition shall request that a judgment be entered vesting absolute title in the authority, without right of redemption for each parcel of property listed, as provided in this Section. Prior to the entry of judgment under this Section, the authority may request the court to remove property erroneously included in the petition, or any tax delinquent properties redeemed prior to the hearing.

D. The district court in which a petition is filed under Subsection C of this Section, shall immediately set the date, time, and place for a hearing on the petition for foreclosure. The date shall be set by the court and shall not be more than ten days after the date requested by the authority in the petition. In no event may the court schedule the hearing later than ninety days after the filing of a petition by the authority under Subsection C of this Section.

E. After completing the records search under Subsection B of this Section, the authority shall determine the address or addresses reasonably calculated to inform those owners of a property interest in property subject to expedited foreclosure under this Section of the pendency of the quiet title and foreclosure hearing under Subsection K of this Section. If, after conducting the title search, the authority is unable to determine an address reasonably calculated to inform persons with a property interest in property subject to expedited tax foreclosure, or if the authority discovers a deficiency in notice under Subsection J of this Section, the following shall be considered reasonable steps by the authority to ascertain the addresses of persons with a property interest in the property subject to expedited foreclosure or to ascertain an address necessary to correct a deficiency in notice under Subsection J of this Section:

(1) For an individual, a search of records of the clerk of court.

(2) For a business entity a search of business entity records filed with the corporation division of the Department of State.

F. Not less than thirty days before the quiet title and foreclosure hearing under Subsection K of this Section, the authority shall send notice by certified mail, return receipt requested, of the hearing to the persons identified under Subsection E of this Section with a property interest in property subject to expedited foreclosure. The authority shall also send a notice via regular mail addressed to the "Occupant" for each property subject to expedited foreclosure if an address for the property is ascertainable.

G. Not less than thirty days before the quiet title and foreclosure hearing under Subsection K of this Section, the authority or its authorized representative or authorized agent shall visit each parcel of property subject to expedited foreclosure and post conspicuously on the property notice of the hearing. In addition to the requirements of Subsection H of this Section, the notice shall also include the following statement: "THIS PROPERTY HAS BEEN TRANSFERRED TO THE ________________________ OPELOUSAS REDEVELOPMENT AUTHORITY AND IS SUBJECT TO AN EXPEDITED QUIET TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY ARE REQUESTED TO CONTACT THE OPELOUSAS REDEVELOPMENT AUTHORITY AT _____________________________."

H. The notice required under Subsections F and G of this Section shall include:

(1) The date on which the authority recorded under Subsection A of this Section, notice of the pending expedited quiet title and foreclosure action.

(2) A statement that a person with a property interest in the property may lose his or her interest, if any, as a result of the quiet title and foreclosure hearing under Subsection K of this Section.

(3) A legal description, parcel number of the property, and the street address of the property, if available.

(4) The person to whom the notice is addressed.

(5) The date and time of the hearing on the petition for foreclosure under Subsection K of this Section, and a statement that the judgment of the court may result in title to the property vesting in the authority.

(6) An explanation of any rights of redemption and notice that the judgment of the court may extinguish any ownership interest in or right to redeem the property.

(7) The name, address, and telephone number of the authority.

(8) A statement that persons with information regarding the owner or prior owner of any of the properties are requested to contact the authority.

I. If the authority is unable to ascertain the address reasonably calculated to inform the owners of a property interest entitled to notice under this Section, or is unable to provide notice under Subsections F or G of this Section, the authority shall provide notice by publication. Prior to the hearing, a notice shall be published for three successive weeks, once each week, in the official newspaper published and circulated in the parish. The published notice shall include all of the following:

(1) A legal description, parcel number of the property, and the street address of the property, if available.

(2) The name of any person not notified under Subsections F or G of this Section, that the authority reasonably believes may be entitled to notice under this Section of the quiet title and foreclosure hearing under Subsection K of this Section.

(3) A statement that a person with a property interest in the property may lose his or her interest, if any, as a result of the foreclosure proceeding under Subsection K of this Section.

(4) The date and time of the hearing on the petition for foreclosure under Subsection K of this Section.

(5) A statement that the judgment of the court may result in title to the property vesting in the authority.

(6) An explanation of any rights of redemption and notice that judgment of the court may extinguish any ownership interest in or right to redeem the property.

(7) The name, address, and telephone number of the authority.

(8) A statement that persons with information regarding the owner or prior owner of any of the properties are requested to contact the authority.

J. If prior to the quiet title and foreclosure hearing under Subsection K of this Section, the authority discovers any deficiency in the provision of notice under this Section, the authority shall take reasonable steps in good faith to correct the deficiency before the hearing. The provisions of this Section relating to notice of the quiet title and foreclosure hearing are exclusive and exhaustive. Other requirements relating to notice and proof of service under other law, rule, or other legal requirement are not applicable to notice or proof of service under this Section.

K. If a petition for expedited quiet title and foreclosure is filed under Subsection C of this Section, before the hearing, the authority shall file with the clerk of the district court proof of notice by certified mail under Subsection F of this Section, proof of notice by posting on the property under Subsection G of this Section, and proof of notice by publication, if applicable. A person claiming an interest in a parcel of property set forth in the petition for foreclosure who desires to contest that petition shall file written objections with the clerk of the district court and serve those objections on the authority before the date of the hearing. The district court may appoint and utilize as the court considers necessary a curator for assistance with the resolution of any objections to the foreclosure or questions regarding the title to property subject to foreclosure. If the court withholds property from foreclosure, the authority's ability to include the property in a subsequent petition for expedited quiet title and foreclosure is not prejudiced. No injunction shall issue to stay an expedited quiet title and foreclosure action under this Section. The district court shall enter judgment on a petition to quiet title and foreclosure filed under Subsection C of this Section, not more than ten days after the conclusion of the hearing or contested case, and the judgment shall be effective ten days after the conclusion of the hearing or contested case. The district court's judgment shall specify all of the following:

(1) The legal description and, if known, the street address of the property foreclosed.

(2) That title to property foreclosed by the judgment is vested absolutely in the authority, except as otherwise provided in Subsections C and E of this Section, without any further rights of redemption.

(3) That all liens against the property, including any lien for unpaid taxes or special assessments are extinguished.

(4) That, except as otherwise provided in Paragraphs (3) and (5) of this Subsection, the authority has good and marketable title to the property.

(5) That all existing recorded and unrecorded interests in that property are extinguished, except a visible or recorded easement or right-of-way or private deed restrictions.

(6) A finding that all persons entitled to notice and an opportunity to be heard have been provided that notice and opportunity. A person shall be deemed to have been provided notice and an opportunity to be heard if the authority followed the procedures for provision of notice by mail, for visits to property subject to expedited quiet title and foreclosure, and for publication under this Section, or if one or more of the following apply:

(a) The person had constructive notice of the hearing by acquiring an interest in the property after the date of the recording under Subsection A of this Section, of the notice of pending expedited quiet title and foreclosure action.

(b) The person appeared at the hearing under this Paragraph or submitted written objections to the district court under this Paragraph prior to the hearing.

(c) Prior to the hearing under this Paragraph, the person had actual notice of the hearing.

L. Except as otherwise provided in Paragraphs (K)(3) and (5) of this Section, title to property set forth in a petition for foreclosure filed under Subsection C of this Section shall vest absolutely in the authority upon the effective date of the judgment by the district court and the authority shall have absolute title to the property. The authority's title is not subject to any recorded or unrecorded lien, except as provided in Subsection K of this Section and shall not be stayed or held invalid except as provided in Subsection M of this Section. A judgment entered under this Section is a final order with respect to the property affected by the judgment and shall not be modified, stayed, or held invalid after the effective date of the judgment, except as provided in Subsection N of this Section.

M. The authority or a person claiming to have a property interest under Subsection B of this Section, in property foreclosed under this Section may, within twenty-one days of the effective date of the judgment under Subsection L of this Section, appeal the district court's order or the district court's judgment foreclosing property to the court of appeals. An appeal under this Subsection is limited to the record of the proceedings in the district court under this Section. The district court's judgment foreclosing property shall be stayed until the court of appeals has reversed, modified, or affirmed that judgment. If an appeal under this Subsection stays the district court's judgment foreclosing property, the district court's judgment is stayed only as to the property that is the subject of that appeal and the district court's judgment foreclosing other property that is not the subject of that appeal is not stayed. To appeal the district court's judgment foreclosing property, a person appealing the judgment shall pay to the authority any taxes, interest, penalties, and fees due on the property and provide notice of the appeal to the authority within twenty-one days after the district court's judgment is effective. If the district court's judgment foreclosing the property is affirmed on appeal, the amount determined to be due shall be refunded to the person who appealed the judgment. If the district court's judgment foreclosing the property is reversed or modified on appeal, the authority shall refund the amount determined to be due to the person who appealed the judgment, if any, and forward the balance to the appropriate taxing jurisdictions in accordance with the order of the court of appeals.

N. The authority shall record a notice of judgment for each parcel of foreclosed property in the office of the register of conveyances. If the authority records a notice of judgment in error, the authority may subsequently record a certificate of correction. A notice or certificate under this Subsection need not be notarized and may be authenticated by a digital signature or other electronic means. After the entry of a judgment foreclosing the property under this Section, if the property has not been transferred by the authority, the authority may cancel the foreclosure by recording with the register of conveyances a certificate of error, if the authority discovers any of the following:

(1) The description of the property used in the expedited quiet title and foreclosure proceeding was so indefinite or erroneous that the foreclosure of the property was void.

(2) An owner of an interest in the property entitled to notice of the expedited quiet title and proceedings against the property under this Section was not provided notice sufficient to satisfy the minimum due process requirements of the constitution of this state and the Constitution of the United States.

(3) A judgment of foreclosure was entered under this Section in violation of an order issued by a United States bankruptcy court.

O. If a judgment of foreclosure is entered under Subsection L of this Section, and all existing recorded and unrecorded interests in a parcel of property are extinguished as provided in Subsection L of this Section, the owner of any extinguished recorded or unrecorded interest in that property who claims that he or she did not receive notice of the expedited quiet title and foreclosure action shall not bring an action for possession of the property against any subsequent owner, but may only bring an action to recover monetary damages as provided in this Subsection. The district court has original and exclusive jurisdiction in any action to recover monetary damages under this Subsection. An action to recover monetary damages under this Subsection shall not be brought more than two years after a judgment for foreclosure is entered under Subsection L of this Section. Any monetary damages recoverable under this Subsection shall be determined as of the date a judgment for foreclosure is entered under Subsection L of this Section and shall not exceed the fair market value of the interest in the property held by the person bringing the action under this Section on that date, less any taxes, interest, penalties, and fees owed on the property as of that date. The right to sue for monetary damages under this Subsection shall not be transferable except by testate or intestate succession.

P. The owner of a property interest with notice of the quiet title and foreclosure hearing under Subsection K of this Section, may not assert any of the following:

(1) That notice to the owner was insufficient or inadequate in any way because some other owner of a property interest in the property was not notified.

(2) That any right to redeem tax reverted property was extended in any way because some other person was not notified.

Q. A person holding or formerly holding an interest in tax reverted property subject to expedited foreclosure under this Section is barred from questioning the validity of the expedited foreclosure under this Section.

R. The failure of an authority to comply with any provision of this Section shall not invalidate any proceeding under this Section if a person with a property interest in property subject to foreclosure was accorded the minimum due process required under the Constitution of Louisiana and the Constitution of the United States.

S. It is the intent of the legislature that the provisions of this Section relating to the expedited quiet title and foreclosure of property by the authority satisfy the minimum requirements of due process required under the Constitution of Louisiana and the Constitution of the United States but that the provisions do not create new rights beyond those required under the Constitution of Louisiana or the Constitution of the United States. The failure of the authority to follow a requirement of this Section relating to the expedited quiet title and foreclosure of property held by the authority shall not be construed to create a claim or cause of action against the authority unless the minimum requirements of due process accorded under the Constitution of Louisiana or the Constitution of the United States are violated.

T. As used in this Section, "authorized representative" includes one or more of the following:

(1) A title insurance company or agent licensed to conduct business in this state.

(2) An attorney licensed to practice law in this state.

(3) A person accredited in land title search procedures by a nationally recognized organization in the field of land title searching.

(4) A person with demonstrated experience in the field of searching land title records, as determined by the authority.

Acts 2007, No. 380, §1, eff. July 10, 2007.
La. Rev. Stat. § 33:3079 — LA Code / Code revised-statutes / Title 33 / Section 3079
St. George Transition District; sales tax
Status: in_force

A. In furtherance of the purposes of this Part, and only in the event the city of St. George is incorporated, the St. George Transition District is hereby created as a special taxing district whose boundaries are coterminous with the municipality, and it shall be a body politic and corporate and a political subdivision of the state with all of the powers of a political subdivision and with such further powers and functions as are set forth in this Section. It is hereby determined that the creation of the district and the carrying out of its public purpose is in all respects a public and governmental purpose for the improvement of the health, safety, welfare, comfort, and security of the people of the municipality, and that such purposes are public purposes, and that the district will be performing an essential governmental function and meeting a public obligation in the exercise of the powers conferred upon it by this Section.

B.(1) The district shall be administered and governed by a board of directors of five persons composed of:

(a) The mayor-president or his designee who shall be a registered voter and living in the district.

(b) One member, who shall be a registered voter and living in the district, appointed by the senator representing Senate District No. 6.

(c) One member, who shall be a registered voter and living in the district, appointed by the member of the House of Representatives representing House District No. 66.

(d) The chairman and vice chairman for the petition for incorporation of St. George or their designees.

(2) The appointed members shall be selected on the basis of their experience in management and relevant knowledge and ability to act effectively for the best interests of the municipality.

(3) The board shall elect one of its members as chairman and another as treasurer. The board shall appoint a secretary and such other officers as are considered necessary who need not be directors of the district.

(4)(a) A majority of the directors shall constitute a quorum, and a majority vote of the directors constituting the quorum shall be necessary for any action taken by the district. No vacancy on the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the district.

(b) Any vacancy which occurs prior to expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Board members shall be eligible for reappointment.

(c) Notwithstanding the provision of Subparagraph (b) of this Paragraph to the contrary, if the appointing authority fails to make an appointment within twenty days of the date of a vacancy, the remaining appointed members may appoint an individual who signed the petition to incorporate the city of St. George for the remainder of the unexpired term.

(5) The board shall fix the place or places at which meetings shall be held. The domicile of the district shall be within the parish.

(6) The members of the board shall serve without salary or per diem allowance.

(7) The members of the board shall be subject to and shall file disclosure statements in the manner required by R.S. 42:1124.2.

C. The district shall have all of the rights and powers necessary to carry out and effectuate the purposes and provisions of this Part. The district and the members of its board of directors shall be subject to all criminal and civil laws applicable to public bodies and public officials and to the laws pertaining to open meetings, public records, official journals, dual office holding and employment, and the Code of Governmental Ethics. Without limiting the generality of the foregoing, the district shall have the following rights and powers:

(1) To adopt bylaws and prescribe rules for the regulation of its affairs and the conduct of its business.

(2) To adopt an official seal and alter the same at its pleasure.

(3) To maintain an office within the parish at such place as it may designate.

(4) To sue and be sued.

(5) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.

(6) To apply and contract for assistance from the United States or other public or private sources, whether in the form of a grant or loan or otherwise.

(7) To make and execute contracts, intergovernmental agreements, and other instruments necessary in the exercise of the powers and functions of the district under this Part, including contracts with persons, firms, corporations, and others.

(8) To pledge or assign any contracts or rights of the district.

(9) To employ such personnel as may be required in the judgment of the board and to fix and pay their compensation from funds available to the district therefor.

(10) To transfer, grant, or donate all or any portion of its revenues to the municipality in order to assist the municipality in funding the delivery of essential public services to its citizens, reducing or eliminating its cash flow deficits or remedying cash flow shortfalls, paying obligations in connection therewith, or any combination of these.

(11) To accept the mortgage, pledge, hypothecation, assignment, grant, or donation of any properties of the municipality.

(12) To invest its monies in accordance with R.S. 33:2955.

(13) To enter into cooperative endeavor agreements or contracts for the provision of staff and meeting facilities and for the provision of such assistance and such essential public services as the district may require in carrying out the intents and purposes of this Part.

(14) To incur debt.

(15) To exercise any and all other powers necessary to accomplish the purposes set forth in this Part.

D.(1) In order to provide funds for the purpose of assisting the municipality to fund the delivery of essential public services to its citizens, reduce or eliminate its cash flow deficit or remedy cash flow shortfalls, pay obligations in connection therewith, or any combination of these, the district is hereby authorized to levy and collect a sales and use tax not to exceed two percent. However, the district shall not levy or collect a tax if the rate thereof, when combined with the rate of the municipal sales and use taxes collected within the municipality, exceeds two percent.

(2) The tax shall be imposed by the district without the need of an election and shall be levied upon the sale at retail, the use, the lease or rental, the distribution, the consumption, and the storage for use or consumption of tangible personal property, and on sales of services in the state, as presently defined in and as provided by Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, subject to the tax exemptions provided in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. Notwithstanding any provision of law to the contrary, the levy of the tax shall be effective and the tax shall be payable beginning on such date as shall be provided by the district.

(3) The proceeds of the tax shall be irrevocably pledged and dedicated and shall be transferred in such amounts as may be determined by the district to assist the municipality in funding the delivery of essential public services to its citizens, reducing or eliminating its cash flow deficit, remedying cash flow shortfalls, paying obligations in connection therewith, or any combination of these.

(4) The district shall contract with the parish for the collection of the tax under such terms and conditions applicable to other entities within the parish.

(5) The provisions of this Section shall be void, the district shall cease existence, and any sales and use taxes levied by the district shall expire at such time as the municipality levies and collects a two percent sales and use tax, the end of the quarter following the election to impose the municipal tax if the proposition is not approved by the electorate, or twelve months after the incorporation becomes final, whichever occurs first.

Acts 2020, No. 361, §1, eff. June 12, 2020.
La. Rev. Stat. § 33:3425 — LA Code / Code revised-statutes / Title 33 / Section 3425
Enforcement of assessments
Status: in_force

The amounts assessed in the ordinance shall be due and eligible immediately upon its passage, and if not paid within thirty days thereafter the municipality, or its transferees, shall have the power to proceed by suit against the assessed properties and the owners thereof, to enforce collection of the amounts of the assessments together with six per cent per annum interest from date of acceptance, and ten per cent of the amount of the judgment as attorney's fees.

Amended by Acts 1954, No. 655, §1.
La. Rev. Stat. § 33:4574.9 — LA Code / Code revised-statutes / Title 33 / Section 4574.9
Concordia Parish Tourist Commission
Status: in_force

A. There is hereby created the Concordia Parish Tourist Commission, hereinafter referred to as the "commission". The commission shall have as its purpose the promotion of tourism within the parish of Concordia.

B.(1) The commission shall be composed of seven commissioners. Three commissioners shall be appointed by the governing authority of Concordia Parish and one commissioner shall be appointed by the governing authority of the municipalities of Ferriday, Vidalia, Ridgecrest, and Clayton. Appointments shall be made from lists of nominees submitted to the respective governing authorities by private, nonprofit groups that have an interest in one or more aspects of the tourism industry. Each commissioner shall be appointed for a term of three years. Vacancies among the commissioners shall be filled in the same manner that the original appointments are made.

(2) The commissioners so appointed shall elect from among themselves a chairman who shall serve as the chairman for a term of one year. In addition to the chairman, the commission shall elect from its membership a vice chairman, secretary, and treasurer. The office of secretary and treasurer may be combined if the commission so elects.

(3) The commission shall have the power to sue and be sued, to accept grants or donations of every type, to make capital improvements for the purpose of obtaining federal funds, to do all things necessary for the promotion and the advertisement and publication of information relating to tourist attractions within the parish. However, the commission shall not exercise any function which results in competition with local retail businesses or enterprises. The commission shall be a political subdivision of the state.

C.(1)(a) In order to provide funds for the operation of the commission, the commission is authorized and empowered to levy and collect a tax upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the parish. Said tax shall not exceed two percent of the rent or fee charged for such occupancy.

(b) The word "hotel" as used in this Section has the meaning provided in R.S. 47:301(6).

(c) The tax shall be paid by the person who exercises or is entitled to occupancy of the hotel room, and shall be paid at the time the rent or fee of occupancy is paid. The word "person" as used herein shall have the same definition as that contained in R.S. 47:301(8).

(d) Repealed by Acts 2005, 1st Ex. Sess., No. 60, §2, eff. Dec. 6, 2005.

(e) The commission shall impose the tax by ordinance. The commission shall have the right to provide in the ordinance necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the tax.

(f) The governing authority of the commission may enter into a cooperative endeavor agreement contract, under such terms and conditions as it may deem appropriate including payment of a reasonable collection fee, with the governing authority of the parish or with any public entity authorized to collect sales or use taxes for the collection of the hotel occupancy tax.

(g) The governing authority of the commission may enter into a cooperative endeavor agreement contract with the governing authority of the parish or with another public entity for the performance of such duties and functions of the commission which the commission determines are necessary but is unable to perform itself.

(2) The proceeds of the tax so levied shall be used by the commission for the purposes of attracting conventions and tourists into the parish or as provided by the ordinance dedicating the proceeds of the tax. The commission shall have authority to spend money for advertising, promotion, and publication of information. The commission may retain or spend a reasonable sum from such proceeds as a collection fee.

D.(1) The commission shall annually submit to the governing authority of the parish a budget for its operations during the ensuing year, and the governing authority shall have the right to approve or disapprove such budget. Upon approval of the budget the commission shall proceed to act thereunder.

(2) The commission may borrow money to pay its obligations that cannot be paid at maturity out of current revenue from the tax authorized herein but shall not borrow a sum greater than can be repaid out of the revenue anticipated from the tax authorized herein during the year in which the money is borrowed.

(3) The commission shall be audited in accordance with R.S. 24:513. Said accountant shall make a written report of his audit to the governing authority of the parish and the commission. Such report shall be furnished not less than six months from the close of the fiscal year.

Acts 1995, No. 705, §1; Acts 1996, 1st Ex. Sess., No. 33, §1, eff. May 7, 1996; Acts 2005, 1st Ex. Sess., No. 60, §2, eff. Dec. 6, 2005; Acts 2020, No. 184, §1, eff. July 1, 2020.

NOTE: See Acts 2005, 1 st Ex. Sess., No. 60, §§3 and 4, relative to application of tax based on period of occupancy.
La. Rev. Stat. § 33:130.353 — LA Code / Code revised-statutes / Title 33 / Section 130.353
Board of commissioners; members; officers; employees
Status: in_force

A. The district shall be governed by a board of commissioners, hereinafter referred to as the "board", consisting of ten members appointed as follows:

(1) Three members appointed by the Rapides Parish Police Jury.

(2) Three members appointed by the mayor of the city of Alexandria, and confirmed by the city council.

(3) One member appointed by the mayor of the city of Pineville, and confirmed by the board of aldermen.

(4) One member appointed by a majority of the remaining incorporated municipalities in Rapides Parish, based upon resolutions approved by the respective boards of aldermen.

(5) Two members nominated by the board of directors of the Chamber of Commerce of Central Louisiana, and appointed by resolutions duly adopted by majority votes of the Rapides Parish Police Jury and Alexandria City Council.

B. Each member appointed to the board shall be a citizen of the United States and domiciliary and qualified voter in Rapides Parish for at least one year preceding the date of his appointment, and during the entirety of his term of office. Preferably such appointees shall be individuals with at least five years experience in one or more of the following areas:

(1) Economic development.

(2) Public finance or administration.

(3) Senior level management.

(4) Urban planning.

(5) Banking or finance.

(6) Public relations.

(7) Education.

(8) Practice of law, medicine, or other licensed profession.

(9) Construction.

(10) Realtor, appraiser, or commercial developer.

(11) Aviation.

(12) Labor.

C. Except as hereinafter provided, the term of office of members of the board shall be four years. All initial appointees shall serve four year terms, except the following, who shall serve initial two year terms:

(1) One nominee of the Chamber of Commerce of Central Louisiana.

(2) Two appointees of the Rapides Parish Police Jury, other than the second chamber of commerce nominee.

(3) Two appointees of the city of Alexandria, other than the second chamber of commerce nominee.

D. Any member who misses fifty percent of the board's meetings, regular and special, in any calendar year shall be disqualified and removed automatically from office and that person's position shall be vacant, as of the first day of the succeeding calendar year. Such vacated position shall be filled by the respective nominating entity for the balance of the vacated term. The former member shall not be eligible for reappointment until expiration of the balance of the vacated term.

E. Any vacancy in the membership of the board occurring by reason of the expiration of the term of office, or by reason of death, resignation, disqualification, or otherwise, shall be filled by the respective nominating entity within thirty days after receipt by such party of written notification of the vacancy. In the event that the respective nominating entity fails to fill the vacancy within thirty days after receipt of written notification of the vacancy, the board shall appoint an interim successor to serve on the board until the position is filled by the respective nominating entity responsible for the appointment of such member. If the board fails to fill a vacancy in its membership within such thirty day period, the Rapides Parish Police Jury, city of Alexandria and city of Pineville, by resolutions adopted by a majority thereof, shall appoint an interim successor to serve on the board until the position is filled by the respective nominating entity responsible for the appointment of such member.

F. Members of the board shall serve without compensation, shall have the power to organize and reorganize the executive, administrative, clerical and other departments and forces of the district, and to fix the duties, powers, and compensation of all employees, agents, and consultants of the district. The board may reimburse any member for expenses actually incurred with the authorization of the board in the performance of his duties on behalf of the district.

G. The board shall elect yearly from its number, a chairman, vice-chairman, secretary, and treasurer and establish their duties as may be regulated by laws adopted by the board. The offices of secretary and treasurer may be held by the same person. The board shall meet in regular session once each month, and also shall meet in special session as convened by the president, or upon written notice of six members. A majority of the commission members, not including vacancies, shall constitute a quorum. All actions of the board shall be approved by the affirmative vote of a majority of the members present and voting. However, no action of the board shall be authorized on the following matters unless approved by a majority of the total board membership:

(1) Adoption of bylaws, and other rules and regulations for conduct of the district's business.

(2) Hiring or firing of the district's administrator.

(3) The incurring of funded, general, or bonded debt, levy of taxes, and call for any tax or other election.

(4) Adoption or amendment of the annual budget.

(5) Sale, lease, or alienation of real property or improvements.

H. Vote by proxy shall not be permitted. Any member may request a recorded vote on any resolution or action of the district.

I. The board shall cause minutes and a record to be kept of all its proceedings, and it shall select a newspaper of general circulation within its territorial jurisdiction as its official journal in which it shall publish its minutes, and in which it shall publish such official notices as are required by law.

Acts 1991, No. 142, §1, eff. June 30, 1991.
La. Rev. Stat. § 33:9051 — LA Code / Code revised-statutes / Title 33 / Section 9051
District as political subdivision; incurring debt; election imposing taxes; authority
Status: in_force

Any ambulance service district created is hereby declared to be a political subdivision of the state. For carrying out the purposes of the ambulance service district as provided in these Sections, the district, under the provisions of the Louisiana Constitution of 1974, shall have the power to incur debt and issue general obligation bonds or revenue bonds and shall have the power to call an election for the purpose of incurring debt and issuing bonds or for the purpose of imposing ad valorem millage taxes for direct use by the district or for the payment of bonds. One or more of the propositions may be submitted at the same election and no such debt may be incurred or tax imposed unless a majority of the electors voting on the proposition approve said proposition.

Added by Acts 1980, No. 304, §1.
La. Rev. Stat. § 33:2740.77 — LA Code / Code revised-statutes / Title 33 / Section 2740.77
Disclosure of public financing
Status: in_force

The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to immovable property undertaken by the district. Such information shall be made available to all existing residents, and to all prospective residents, of the district.

Acts 2003, No. 904, §1.
La. Rev. Stat. § 33:4167 — LA Code / Code revised-statutes / Title 33 / Section 4167
Parish contracts for obtaining gas; expropriation
Status: in_force

Parishes may make contracts covering a period of years with each other relative to the distribution and sale of gas. They may make contracts covering a period of years with owners of gas plants, gas wells, gas fields, gas lands, gas leases, gas holdings, gas pipe line companies, or gas distributing companies for the purchase or use of some or all of their products, or for the leasing or purchase of gas wells, gas fields, gas lands, gas leases, or gas holdings for the purpose of drilling and operating gas wells. They may expropriate, in the manner provided by law, existing gas plants, gas wells, gas distribution systems, or other property, within their respective boundaries, needed for the operation of the gas plants or distributing systems.
La. Rev. Stat. § 33:2954 — LA Code / Code revised-statutes / Title 33 / Section 2954
Stock to belong to taxpayers
Status: in_force

The stock subscribed shall not belong to nor be administered by the parish or municipal corporation by which the subscription is made, but shall belong to the taxpayers who have paid therefor. The tax receipt of each taxpayer shall entitle him to a certificate, transferable by delivery, from the corporation to which subscription has been made, for an amount equal to the amount of his tax paid.
La. Rev. Stat. § 33:441 — LA Code / Code revised-statutes / Title 33 / Section 441
Mayor's court
Status: in_force

A.(1) Except as provided in Chapter 7 of Title 13 of the Louisiana Revised Statutes of 1950, there shall be a mayor's court in the municipality, with jurisdiction over all violations of municipal ordinances. The mayor may try all breaches of the ordinances and impose fines or imprisonment, or both, provided for the infraction thereof. Notwithstanding any other provision of law to the contrary, the mayor may also impose court costs not to exceed thirty dollars for each offense, as defined by ordinance, on any defendant convicted of a violation of a municipal ordinance. The mayor may authorize that a portion of court costs assessed be deposited into a special account and transmitted to the Louisiana Association of Chiefs of Police to be used for law enforcement education and training as required by Louisiana law.

(2) Notwithstanding any other provision of law to the contrary, the mayor may impose additional court costs not to exceed twenty dollars for each offense, as defined by ordinance or traffic violation, on any defendant convicted of a violation of a municipal ordinance, provided that ten dollars of such additional court costs collected shall be remitted to the local public defender's office.

(3) The mayor may suspend the execution in whole or in part of a fine or imprisonment, or both, imposed for violation of a municipal ordinance and place the defendant on unsupervised or supervised probation with such conditions as the mayor may fix and, at any time during the probation, modify, add, or discharge. The probation shall be for a period as the mayor shall specify up to one year. The mayor may terminate or revoke the probation at any time. At the termination of the probation, the mayor may set the conviction aside and dismiss the prosecution.

(4) Notwithstanding any other provision of law to the contrary, when a defendant has been convicted of violation of a municipal ordinance, the mayor may suspend the imposition or the execution of the whole or any part of the sentence and place the defendant on unsupervised probation upon such conditions as the mayor may fix. Such suspension of sentence and probation shall be for a period of six months or such shorter period as the mayor may specify. But in no case shall the probationary period imposed exceed the maximum penalty of imprisonment that may be imposed for violation of a particular ordinance.

(5)(a) Notwithstanding any other provision of law to the contrary, a mayor's court shall have concurrent jurisdiction with the district court of civil suits to collect utility debts within the municipality, where the good faith amount in dispute does not exceed five thousand dollars, exclusive of penalties, interest, court costs, attorney fees and penalties, whether provided by agreement or by law. The jurisdiction granted by this Paragraph shall be limited to suits to collect utility debts owed to the municipality or to a utility system owned or operated by the municipality.

(b) If the demand asserted in a good faith original, amended or supplemental pleading, cross claim, or in any good faith incidental demand or any other pleading, exceeds the jurisdiction of the court, the court shall transfer the action to a court of proper jurisdiction.

(c) Upon request of the mayor, the board of alderman shall appoint one or more attorneys who shall be designated as a court magistrate to hear all civil utility debt suits authorized by this Paragraph. The board of alderman shall fix and pay the salary of each such magistrate.

(d) Upon adoption of ordinance by the municipality, and upon a finding by the court magistrate that a civil utility debt is owed and delinquent, the court magistrate is authorized to impose court costs against the debtor, not to exceed the sum of thirty-five dollars for each civil suit. Costs received pursuant to this Paragraph shall be deposited into the general fund of the municipality.

(e) Any person against whom a judgment is rendered in a mayor's court pursuant to this Paragraph shall have the right of direct appeal to the district court for the parish in which the mayor's court is situated which shall be tried de novo. The party against whom a judgment is rendered shall be given written notice of his right to appeal within the time specified in this Paragraph. The delay for appeal shall not run until the day after notice has been provided to the party. The appeal must be filed within ten days of the date of the judgment and notice of the appeal must be given within the ten-day period to the magistrate who adjudicated the matter, the district court to which the matter is being appealed, and the municipality in whose favor judgment was rendered. The appeal from a decision of the district court shall be the same as provided by law for appeals of civil matters adjudicated by a district court. The district court may assess costs as authorized by law to the party against whom judgment is rendered. There shall be no prepayment of court costs on behalf of the appellant. The judge shall inform the defendant of the right to appeal at no prepayment of costs after a determination that the appellant is indigent. The judge shall inform the appellant of his right to appeal as provided for in this Subparagraph.

(f) The law enforcement authority of the municipality in which the mayor's court is located is authorized to effectuate service of process within the parish of the court for any civil suit before the court pursuant to this Paragraph.

(g) The provisions of this Paragraph shall not apply in Jefferson Parish.

B.(1) Notwithstanding any other provision of law to the contrary, the board of aldermen in its discretion may, upon request of the mayor, appoint one or more attorneys who shall be designated as court magistrate and who shall serve at the pleasure of the mayor and may from time to time be designated by the mayor to serve in his stead as the presiding official over the mayor's court. Whenever a magistrate is so designated by the mayor to preside over the mayor's court, he shall exercise the powers and authority of the mayor over said court. The board of aldermen shall fix and pay the salary of each magistrate, if any are appointed.

(2) Notwithstanding any other provision of law to the contrary, the board of aldermen in its discretion may, upon request of the mayor, appoint one or more attorneys who shall be designated as prosecutor and who shall serve at the pleasure of the mayor. The board of aldermen shall fix and pay the salary of each prosecutor, if any are appointed.

C.(1) The mayor shall have the power of a committing magistrate.

(2) The presiding officer of a mayor's court shall be entitled to judicial immunity for his official acts as presiding officer in the same capacity as a judge in this state.

D. Every mayor or magistrate presiding over a mayor's court pursuant to this Subpart shall be required to receive training within ninety days of assuming status as presiding authority, either online or in-person, which training shall be provided by the Louisiana Supreme Court. This training shall include ethics and training on judicial and legal procedures related to mayor's courts. The legislative auditor shall verify attendance at this training and assist the Louisiana Supreme Court in providing this training. Following the initial training requirements, presiding mayors and magistrates shall receive, each year, continuing education as prescribed by the Louisiana Supreme Court.

Amended by Acts 1981, No. 104, §1; Acts 1983, No. 350, §1; Acts 1985, No. 890, §1, eff. Jan. 1, 1986; Acts 1988, No. 827, §1; Acts 1997, No. 189, §1, eff. June 13, 1997; Acts 1999, No. 566, §1; Acts 2001, No. 33, §1; Acts 2001, No. 1225, §1; Acts 2008, No. 401, §1; Acts 2008, No. 661, §1; Acts 2016, No. 361, §1, eff. June 5, 2016; Acts 2019, No. 210, §1, eff. June 11, 2019; Acts 2022, No. 691, §1.
La. Rev. Stat. § 33:4710.1 — LA Code / Code revised-statutes / Title 33 / Section 4710.1
Definitions
Status: in_force

(1) "Authority" means the Chennault International Airport Authority.

(2) "State Board" means the Board of Elementary and Secondary Education.

(3) "City" means the governing authority of the City of Lake Charles.

(4) "Contract" means the local services agreement and intergovernmental contract.

(5) "Parish" means the Calcasieu Parish Police Jury.

(6) "School Board" means the Calcasieu Parish School Board.

(7) "Commission" means the board of commissioners of the authority.

(8) "Chennault" shall be those portions of land, which are to be transferred by the parish, city, school board, and state board to the authority pursuant to their respective lease agreements, together with all improvements situated thereon.

Acts 1986, No. 19, §1, eff. June 5, 1986; Acts 1997, No. 458, §1.
La. Rev. Stat. § 33:1231 — LA Code / Code revised-statutes / Title 33 / Section 1231
Resignation of president
Status: in_force

The president, when desirous of resigning his seat as a member or president, shall tender his resignation to the police jury.
La. Rev. Stat. § 33:4768 — LA Code / Code revised-statutes / Title 33 / Section 4768
Alternative to demolition; repair by municipality or parish
Status: in_force

A.(1) Notwithstanding any other provision of law to the contrary, the parish or municipal governing authority, as an alternative to demolition or removal, may make the repairs necessary to correct the defects in a condemned structure within its jurisdiction.

(2) The parish or municipal governing authority may take such action only after a demolition or removal order has been issued and the delay for a legal appeal has run, or an appeal has been denied, and when in the discretion of the parish or municipal governing authority such action will restore the structure to a state of usefulness to the community.

(3) The decision of the parish or municipal governing authority to repair the structure may be appealed in the same manner as provided in R.S. 33:4764.

B. The costs of repairs made pursuant to Subsection A and a ten percent penalty thereon shall be reimbursed by the owner of the condemned property, and such costs and penalty shall operate as a lien and privilege on the property in favor of the parish or municipality. Until such time as the costs and penalty have been paid, the parish or municipal governing authority may lease such property and apply all revenue received to the amount owed by the owner and to the necessary maintenance of the structure.

Added by Acts 1982, No. 862, §1. Acts 1984, No. 113, §1; Acts 2003, No. 648, §1, eff. June 27, 2003; Acts 2008, No. 601, §1.
La. Rev. Stat. § 33:4569.2 — LA Code / Code revised-statutes / Title 33 / Section 4569.2
Corporate status; domicile
Status: in_force

The district shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a political subdivision of the state relative to the incurring of debt and the issuing of bonds therefor. The domicile of the district shall be designated by the members at the first regular meeting of the board. The district may buy and sell property, incur debt and contract obligations in accordance with law, sue and be sued, and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for effectuating the purposes and objects for which it is created.

Added by Acts 1983, No. 557, §1; Acts 2019, No. 61, §1.
La. Rev. Stat. § 33:2486 — LA Code / Code revised-statutes / Title 33 / Section 2486
Status of incumbent of position when allocated
Status: in_force

Every person employed in the municipal fire and police services for a continuous period of at least six calendar months immediately preceding the date that this Part takes effect in the municipality, who was regularly and permanently appointed to a position coming under the classified service, shall be inducted into and bound under the classified service, the provisions of this Part, and the rules adopted hereunder.

When any position is first allocated hereunder, or is reallocated to a different class to correct an error in its previous allocation, or because of a change in the duties of a position which has the effect of abolishing the position and creating a new position of another class, the employee in the position may continue to serve therein, with the status and all the rights and privileges he would have had under this Part if he had been originally appointed by examination and certification hereunder to a position of the class to which the position has been allocated or reallocated. Such employee however may be transferred without further tests of fitness or certification to any position of the class to which the position was previously allocated while held by the employee.

Any employee who feels himself aggrieved because of any allocation or change in classification affecting his position shall, upon his request, be heard thereon by the board; and the board shall hear and decide the complaint in any manner it deems proper.
La. Rev. Stat. § 33:4712.29 — LA Code / Code revised-statutes / Title 33 / Section 4712.29
Naming of the recreational complex located at Graham Brown Memorial Park
Status: in_force

Notwithstanding R.S. 42:267 or any other law to the contrary, the governing authority of the city of Lafayette may name the recreational complex located at Graham Brown Memorial Park in honor of Merlin Leger.

Acts 2025, No. 324, §1.
La. Rev. Stat. § 33:9060 — LA Code / Code revised-statutes / Title 33 / Section 9060
Applicability
Status: in_force

A. The provisions of this Chapter shall not apply to any ambulance service district created by a parish prior to the effective date of this Act.

B. The provisions of this Chapter shall not apply to any parish authorized to create ambulance service districts by R.S. 33:1246 through R.S. 33:1261.7.

Acts 1985, No. 121, §1, eff. June 29, 1985.
La. Rev. Stat. § 33:3838 — LA Code / Code revised-statutes / Title 33 / Section 3838
Small community public water systems; fees; time frame
Status: in_force

A. "Small community public water system" shall mean a community public water system serving a population of three thousand three hundred or less persons in accordance with the definition for small public water systems in the Federal Safe Drinking Water Act (42 U.S.C. 300g-1, §1412(b)(4)(E)(ii)(II) and (III)).

B. The determination of engineering fees charged to small community public water systems shall be based on the following criteria:

(1) Fees for projects not requiring surveying or on-site inspections shall be in accordance with the allowable fees for engineering services set by Rural Utility Services of the United States Department of Agriculture in its Standard Form of Agreement between owner and engineer.

(2) Fees for projects requiring surveying, reviewing, and on-site inspections shall be in accordance with the allowable fees for engineering services set by Rural Utility Services of the United States Department of Agriculture in its Standard Form of Agreement between owner and engineer.

C. Time frames for the completion of review process by paid consulting engineers for small community public water systems as follows:

(1) Review of projects conducted by paid consulting engineers and not requiring surveying or on-site inspections shall be completed within thirty days of receipt of the proper application for review.

(2) Review of projects conducted by paid consulting engineers and which require surveying, reviewing, and on-site inspections shall be completed within sixty days of receipt of the proper application for review.

Acts 2006, No. 546, §1.
La. Rev. Stat. § 33:7705 — LA Code / Code revised-statutes / Title 33 / Section 7705
Notice of creation; incontestability after unchallenged delay; interim authority to call an election to issue bonds, levy taxes or assume indebtedness
Status: in_force

After the creation of any consolidated special service district, notice of the creation, stating the boundaries of the district, shall be published one time in the official journal of the parish. Thirty days after such publication, the creation of the district shall become incontestable, and no court shall have jurisdiction to entertain litigation questioning the legality of the creation of such district. If the governing authority desires to call an election in any such district to authorize the issuance of bonds, the levy of special taxes, or the assumption of indebtedness, it may call such election and publish notice thereof prior to the expiration of the thirty-day period.

Added by Acts 1975, No. 94, §1.
La. Rev. Stat. § 33:9038.63 — LA Code / Code revised-statutes / Title 33 / Section 9038.63
Bluebonnet Convention Hotel Taxing District
Status: in_force

A. Creation. The Bluebonnet Convention Hotel Taxing District, a special taxing district and political subdivision of the state, referred to in this Section as the "district", is hereby created in the city of Baton Rouge, parish of East Baton Rouge, hereinafter referred to as the "city-parish".

B. Boundaries. The district shall be comprised of the following described parcels or tracts of land located in the city-parish, referred to in this Section as the "property":

(1) A certain lot or parcel of ground, situated in the parish of East Baton Rouge, state of Louisiana, formerly a portion of the Gottleib property, located in Section 56, Township 7 South, Range 1 East, GLD, East Baton Rouge Parish, Louisiana and being designated as Tract 2-A-1, as shown on the survey entitled "Map Showing Survey & Subdivision of Tract 2-A, The Former Gottlieb Tract into Tract 2-A-1 & 2-A-2, Located in Section 56, Township 7 South, Range 1 East, GLD, East Baton Rouge Parish, LA for Family Worship Center Church, Inc.," made by Baton Rouge Land Surveying Inc. dated October 27, 2003, recorded with the Clerk and Recorder of Mortgages for East Baton Rouge, Louisiana at Original 680, Bundle 11543, being more particularly described as follows:

Commence at a point which is the intersection of the West right of way line of Bluebonnet Boulevard with the South right of way lines of Anselmo Lane, the actual point of beginning; thence proceed South 28º26'57" West a distance of 100.00 feet to a point; thence proceed North 61º33'03" West a distance of 75.00 feet to a point; thence proceed North 28º26'57" East a distance of 104.50 feet to a point on the South right of way line of Anselmo Lane; thence proceed along a curve to the left bearing North 16º33'02" West, with a radius of 200.00 feet, having an arc length of 42.50 feet to a point; thence proceed South 61º33'03" East a distance of 32.82 feet to a point, the actual point of beginning.

(2) A certain lot or parcel of ground, situated in the parish of East Baton Rouge, state of Louisiana, formerly a portion of the Gottleib property, located in Section 56, Township 7 South, Range 1 East, GLD, East Baton Rouge Parish, Louisiana and being designated as Tract 2-A-2, as shown on the survey entitled "Map Showing Survey & Subdivision of Tract 2-A, The Former Gottlieb Tract into Tract 2-A-1 & 2-A-2, Located in Section 56, Township 7 South, Range 1 East, GLD, East Baton Rouge Parish, LA for Family Worship Center Church, Inc.," made by Baton Rouge Land Surveying Inc., dated October 27, 2003, recorded with the Clerk and Recorder of Mortgages for East Baton Rouge, Louisiana at Original 680, Bundle 11543, being more particularly described as follows:

Commence at a point which is the intersection of the West right of way line of Bluebonnet Boulevard with the South right of way line of Anselmo Lane, South 28º26'57" West a distance of 100.00 feet to a point, being the point of beginning; thence proceed along Bluebonnet Boulevard South 28º26'57" West a distance of 259.55 feet to a point and corner; thence proceed South 82º53'57" West a distance of 90.00 feet to a point and corner; thence proceed North 07º06'03" West a distance of 55.95 feet to a point; thence proceed North 61º22'54" West a distance of 122.64 feet to a point and corner; thence proceed North 00º05'38" West a distance of 124.28 feet to a point and corner; thence proceed North 61º22'54" West a distance of 247.33 feet to a point and corner; thence proceed North 28º38'40" East a distance of 235.31 feet to a point; thence proceed North 30º41'57" East a distance of 323.51 feet to a point; thence proceed North 32º55'33" East a distance of 177.83 feet to a point; thence proceed North 28º27'06" East a distance of 88.11 feet to a point and corner; thence proceed South 56º26'14" East a distance of 161.68 feet; thence proceed along the arc of a curve to the right bearing South 13º58'48" East, a length of 185.25 feet, a radius of 125.00 feet and a chord length of 168.75 feet to a point; thence proceed South 28º26'57" West a distance of 228.90 feet to a point; thence proceed along the arc of a curve to the left bearing North 16º33'02" West, a length of 314.17 feet, a radius of 200.00 feet and a chord length of 282.85 feet to a point and corner; thence proceed South 28º26'57" West a distance of 104.50 feet to a point and corner; thence proceed South 61º33'03" East a distance of 75.00 feet to a point and corner, said point also being the point of beginning.

C. Purpose. The state hereby acknowledges that the property, on which currently remains a vacant, semi-constructed, unused dormitory style facility, has sat as an eyesore and blighted for over twenty years, negatively impacting surrounding businesses, and as such, is in need of an economic development project. The district is created to provide for cooperative economic development among the city-parish, the owner of a hotel in the district, the district and the state, in order to provide for the redevelopment of, and dramatic improvement to, the blighted property within the area of the district located in the city-parish, into a conference style hotel and related facilities.

D. Governance. (1) In order to provide for the orderly development of the district and effectuation of the purposes of the district, the district shall be administered and governed by a board of commissioners, referred to in this Section as the "board", comprised of three persons comprised as follows:

(a) The mayor-president of the city-parish or his designee.

(b) The mayor-president pro-tempore of the city-parish or his designee.

(c) The councilmember for metropolitan council district 3 of the city-parish or his designee.

(2) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available for inspection through the board's secretary-treasurer. The minute books and archives of the district shall be maintained by the board's secretary-treasurer. The monies, funds, and accounts of the district shall be in the official custody of the board.

(3) The board shall adopt bylaws and prescribe rules to govern its meetings. The members of the board shall serve without salary or per diem and shall be entitled to reimbursement for reasonable, actual and necessary expenses incurred in the performance of their duties.

(4) The domicile of the board shall be established by the board at a location within the district.

(5) The board shall elect from its own members a president, vice-president, and a secretary-treasurer, whose duties shall be common to such offices or as may be provided by bylaws adopted by the district. The board shall hold regular meetings and may hold special meetings as provided in the bylaws. All such meetings shall be public meetings subject to the provisions of R.S. 42:11 et seq.

E. Rights and powers. The district, acting by and through its board, shall be a special taxing district and shall have and exercise all powers of a political subdivision and special taxing district necessary or convenient for the carrying out of its objects and purposes including but not limited to the following:

(1) To sue and to be sued.

(2) To adopt bylaws and rules and regulations.

(3) To receive by gift, grant, donation or otherwise any sum of money, property, aid or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.

(4) For the public purposes of the district to enter into contracts, agreements or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or person, including but not limited to pledge and collateral assignment agreements and tax collection agreements.

(5) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation.

(6) To acquire by gift, grant, purchase, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the district and to mortgage and sell such property.

(7) In its own name and on its own behalf to incur debt and to issue bonds, notes, certificates and other evidences of indebtedness, and in the event the district elects to issue bonds pursuant to the authority under this Section, then the district shall be deemed and considered to be an issuer for purposes of R.S. 33:9037 and shall, to the extent not in conflict with this Section, be subject to the provisions of R.S. 33:9037.

(8) To establish such funds or accounts as are necessary for the conduct of the affairs of the district.

(9) To levy and collect the taxes authorized pursuant to this Section.

(10) To enter into one or more agreements to provide for the collection of the taxes collected within the district and remittance of the taxes to the appropriate recipients.

F. Tax. (1) In order to provide funds for the purposes of the district, the district, acting by and through its board, is hereby authorized to levy and collect within the district, (a) a tax upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities, and (b) a tax upon the sale of food and beverage not intended for home consumption. The aggregate tax rate upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the district shall be at least equal to the aggregate rate of all taxes upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities levied and collected within the parish of East Baton Rouge. The aggregate food and beverage tax rate within the district shall be at least equal to the aggregate rate of all food and beverage taxes levied and collected within the parish of East Baton Rouge.

(2)(a) The word "hotel" as used in this Section shall mean and include any establishment, both public and private, engaged in the business of furnishing or providing rooms and overnight camping facilities intended or designed for dwelling, lodging, or sleeping purposes to transient guests where such establishment consists of two or more guest rooms.

(b) The occupancy tax shall be paid by the person who exercises or is entitled to occupancy of the hotel room, and shall be paid at the time the rent or fee of occupancy is paid.

(c) The food and beverage tax shall be paid by the person who pays for the food and beverages at the point of sale.

(d) The word "person" as used in this Section shall have the same meaning as contained in R.S. 47:301(8).

(3) The taxes authorized in this Section shall be imposed by ordinance adopted by the district, acting by and through its board, without the need of an election.

(4) It is hereby recognized that there are currently no hotel occupancy or sales taxes whatsoever generated at the property and that but for the hotel project to be developed at the property within the district, that there would be no collection of a hotel occupancy tax or food and beverage tax by any taxing authority within the district. Accordingly if the district elects to levy and collect the tax authorized in this Section, such levy shall be deemed to supersede and be in lieu of only such other taxes on hotel occupancy and sales within the district that do not secure bonds that have been authorized, that have not been dedicated by other law or by proposition approved by electors voting in an election for such purpose, and that are not based on a per head or per person basis. Additionally, if, during the term of the district, such other taxes on hotel occupancy or sales within the district that are currently not available for use for tax increment financing purposes should subsequently cease to be authorized to secure bonds, cease to secure bonds that have been authorized, or cease to be dedicated by other law or by proposition approved by electors voting in an election for such purpose, and thus, become available for the use of the financing purposes hereunder, then such levy shall at such time be deemed to supersede and be in lieu of such other taxes on hotel occupancy or sales within the district and shall be available for use for the purposes of the district.

G. Tax financing. (1)(a) The district may issue revenue bonds, in one or more series, payable from an irrevocable pledge and dedication of available non-voter elected, pledged or dedicated up to the full amount of hotel occupancy and food and beverage sales tax increments, in an amount to be determined by the district, to finance or refinance any project or projects, or parts thereof, which are consistent with the purposes of the district. Additionally, without the necessity of issuing revenue bonds, the district may pledge the tax increments collected under the authority of this Section to any financing or multiple refinancing of a hotel and related facilities within the district in furtherance of the purposes of the district. Such financing may include, but shall not be limited to loans, mortgages, the issuance of bonds, or the issuance of certificates of indebtedness. For each of the designated non-voter elected, pledged or dedicated food and beverage and hotel occupancy taxes collected within the district, a tax increment shall consist of that portion of the aggregate of such tax revenues collected by the district each year which exceeds the amount of such taxes that were collected in the year immediately prior to the year in which the district was established.

(b) Dedication of tax increments to pay the revenue bonds, shall not impair existing obligations of the district and shall not include tax revenues previously dedicated by the district for a special purpose.

(2) The authority granted to the district pursuant to the provisions of this Section shall be subject to the limitations provided in R.S. 33:9038.42.

H. Term. The district shall dissolve and cease to exist one year after the date on which all loans, bonds, notes, and other evidences of indebtedness of the district, including refunding bonds, are paid in full as to both principal and interest; provided, however, that under no event shall the district have an existence of more than forty years from the date on which the taxes authorized pursuant to this Section are first levied and collected.

I. Contesting ordinance or resolution; time limit. Any ordinance or resolution adopted by the bonds or other debt obligations, or the pledge of tax increments collected under the authority of this Section to any financing authorized by this Section, may be published at least once in the official journal of East Baton Rouge Parish. For thirty days after the date of publication, any person in interest may contest the legality of the ordinance or resolution and of any provision therein made for the security and payment of the debt obligation or the levy and collection of such taxes. After that time, no one shall have any cause of action to test the regularity, formality, legality, or effectiveness of the ordinance or resolution, and provision thereof for any cause whatever. Thereafter, it shall be conclusively presumed that every legal requirement for the levy and collection of taxes, the issuance of bonds or other debt obligation, or legal requirement for the levy and collection of taxes, the issuance of bonds or other debt obligations, or the pledge of tax increment collected, including all things pertaining to the authorizing thereof, has been complied with. No court shall have authority to inquire into any of these matters after the thirty day period after publication.

J. Liberal construction. This Section, being necessary for the welfare of the city-parish and its residents, shall be liberally construed to effect the purposes thereof.

K. Severability. The provisions of this Section are severable. It is intended that if any provision of this Section should be adjudged invalid or unenforceable, then such provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions of this Section.

Acts 2009, No. 260, §1, eff. July 1, 2009.
La. Rev. Stat. § 33:3823 — LA Code / Code revised-statutes / Title 33 / Section 3823
Notice of intention; hearings
Status: in_force

A. Any political subdivision taking advantage of R.S. 33:3822 through 33:3835, and proceeding by petition, shall, through its governing authority, be required to adopt a resolution giving notice of its intention to establish, acquire, construct, improve, extend and maintain such water system or systems and embody therein in a general way the improvements contemplated, a list of streets or portions thereof or area or areas which are to be improved or benefited thereby, and the manner of payment therefor. Such notice shall be signed by the chief executive officer of the governing authority and shall contain substantially all things set forth in said resolution, and shall set forth further that the authority ordering the giving of such notice will, in open session, on the date and at the time and place named, hear all objections to the proposed improvements and the manner of payment therefor, and, after hearing and passing on such objections, proceed, if it so determines, to order such improvements provided for. Such notice of intention shall be published once a week for three consecutive weeks in a newspaper published within the political subdivision, or if there is none published in the political subdivision, in some newspaper published in the parish wherein the political subdivision is located or in an adjoining parish. If the governing authority proceeds by election, then the election shall be held in the manner provided by R.S. 39:501 through 39:518, and before ordering the construction of any improvements, the governing authority shall also receive and consider any objections which may be filed with it in writing on or before the date of the election by the owners of property to be assessed but who are not entitled to vote at such election.

B. Upon the authorization of the Lafourche Parish Police Jury as provided in R.S. 33:3811.1, the provisions of this section shall also apply to the Lafourche water district when it determines to construct or maintain sewers and sewerage disposal works.

Acts 1962, No. 313, §2. Amended by Acts 1974, No. 440, §1.
La. Rev. Stat. § 33:7559 — LA Code / Code revised-statutes / Title 33 / Section 7559
Procedure pursuant to land use regulation and zoning authority; public hearings; changes or amendments; meetings of board of commissioners for adjustment purposes; appeals procedure; enforcement; penalty; conflicting regulations
Status: in_force

A. The board of commissioners of an environmental protection district shall provide for the manner in which the land use regulations and restrictions and the boundaries of the zoning districts shall be determined, established and enforced, and from time to time, amended. No regulation or restriction shall become effective until after a public hearing at which parties in interest have an opportunity to be heard. A public hearing in regard to the regulations may be held by the board of commissioners of the district. In such case notice of the time and place of hearing shall be published at least once a week during three different weeks in the official journal of the parish affected, or if there be none, in a paper of general circulation therein. At least fifteen days shall elapse between the publication and the date of the hearing.

B. The regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. However, in case of a protest against a change duly signed and acknowledged by the owners of twenty percent or more of the areas of land included in the proposed change the amendment shall not become effective unless at least four-fifths of all the members of the board of commissioners of the district shall vote in favor thereof. The provisions of R.S. 33:7559(A) relating to public hearing and official notice shall apply equally to all changes or amendments.

C. The board of commissioners of the district may determine and vary the application of such land use regulations and restrictions adopted pursuant to the authority granted in R.S. 33:7554(1) or R.S. 33:7555(A) in harmony with their general purpose and intent and in accordance with general or specific rules contained therein.

D. Meetings of the board of commissioners for the purpose of making adjustments in land use rules, regulations and restrictions shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses. All such meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public records. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the board for such purpose.

E. Appeals regarding land use regulations and restrictions to the board of commissioners may be taken by any person aggrieved or by any officer, department, board or bureau of a parish affected or of the state by any decision of the board, its agents or employees. Appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing with the board of commissioners a notice of appeal specifying the ground thereof. The person, officer, department, board or bureau taking the appeal shall forthwith transmit to the board all papers, not already in the possession of the board, constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the board of commissioners certifies after the notice of appeal has been filed that, by reason of facts stated in the certificate a stay would, in the opinion of the board, cause immediate peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by court of record or on application or notice to the board of commissioners and on due cause shown. The board of commissioners shall fix a reasonable time for the hearing of the appeal, give public notice thereof and notice to the interested parties, and shall render its decision on the appeal within a reasonable time. Any party may appear at the hearing in person or by agent or by attorney. The board of commissioners shall have the following powers:

(1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of R.S. 33:7554(1) or any rule or regulations adopted pursuant thereto.

(2) To hear and decide all matters referred to it or upon which it is required to pass under its rules and regulations: and

(3) In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the rules, regulations or restrictions to vary or modify the application of any of the regulations or provisions of the rules and regulations relating to the use, construction or alteration of buildings or structures or the use of lands so that the spirit of the rules and regulations shall be observed, public safety and welfare secured and substantial justice done.

In exercising the above mentioned power the board may, in conformity with this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made. The concurring vote of a majority of the members of the board of commissioners shall be necessary to reverse any order, requirement, decision or determination, or to decide in favor of the applicant on any matter upon which it is required to pass under any rule, regulation or restriction or to effect any variation in such rules, regulations or restrictions.

F. Any person or persons jointly or severally aggrieved by any decision of the board of commissioners may present to the district court for the parish wherein the application and enforcement of a rule, regulation or restriction causes him to be aggrieved, a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of commissioners to review the decision of the board of commissioners and shall prescribe therein the time within which a return may be served upon the relator's attorney, which shall not be less than ten days but which may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application after notice to the board and on due cause shown grant a restraining order. The board of commissioners shall not be required to return the original papers acted upon by it, but may return certified or sworn copies thereof or such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds in the decision appealed from, and shall be verified. If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or it may appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought before it for review. Costs shall not be allowed against the board of commissioners unless it appears to the court that it acted in gross negligence or in bad faith, or with malice in making the decision from which the appeal was taken. All issues in any proceedings under this subsection shall have preference over all other civil actions and proceedings.

G. In case any land is used in violation of R.S. 33:7554(1) or R.S. 33:7555(A) or of the rules, regulations or restrictions established by the board pursuant to the powers granted it therein, the board of commissioners, in addition to other remedies, may substitute any appropriate action or proceedings to prevent such unlawful use, to restrain or abate such violation in order to prevent any illegal act, conduct, business or use in or about such land area or premises. The regulations shall be enforced by the board of commissioners and its authorized agents who are empowered to cause any place, premises or land area to be inspected and examined, and to order in writing the remedying of any condition found to exist therein in violation of R.S. 33:7554(1) or R.S. 33:7555(A) or of any provision of the regulations made under the authority of R.S. 33:7554(1) or R.S. 33:7555(A). The owner or general agent, lessee or tenant of any part of the premises or land area in which the violation has been committed or exists, or the general agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any premises or land area in which any violation exists shall, upon conviction thereof, be fined not more than $5,000.00 or be imprisoned for not more than thirty days for each day that the violation continues.

H. Wherever the provisions of R.S. 33:7554(1) or R.S. 33:7555(A) or the regulations made under authority of R.S. 33:7554(1) or 33:7555(A) are in conflict with regulations in any statute or local ordinance or regulation, the provisions of R.S. 33:7554(1) or R.S. 33:7555 and the provisions of the regulations made by the board of commissioners of the district pursuant to R.S. 33:7554(1) and R.S. 33:7555 shall govern.

Added by Acts 1970, No. 589, §1.
La. Rev. Stat. § 33:3495 — LA Code / Code revised-statutes / Title 33 / Section 3495
Specifications where machinery is used
Status: in_force

If the local improvement involves the use of machines, the governing authority shall prepare plans and specifications for the machinery and an estimate of its cost. The municipality may do the work itself if it can purchase the equipment and perform the work at a cost less than that set forth in any private bid.
La. Rev. Stat. § 33:4720.71.1 — LA Code / Code revised-statutes / Title 33 / Section 4720.71.1
Commercial projects, bonds, powers, restrictions, presumptions
Status: in_force

A. The authority is authorized and empowered to issue revenue bonds for the financing of all or any part of the costs of any economic development project and any expenses related thereto or to such financing and to pledge for the payment of the principal of, premium, if any, and interest on such revenue bonds the income and revenues derived or to be derived by the authority from financing agreements. The authority is further authorized and empowered to issue its revenue bonds in accordance with this Section to refund in whole or in part at any time revenue bonds theretofore issued by the authority pursuant to this Section.

B.(1) The authority shall authorize revenue bonds by one or more bond resolutions adopted by a majority of its commissioners. Any bond resolution shall be published one time in the official journal of the city of New Orleans, Louisiana; however, it shall not be necessary to publish any exhibits to such bond resolution if the same are available for public inspection and such fact is stated in the publication. For thirty days after the date of publication, any person in interest may contest the legality of the bond resolution, any provision of the revenue bonds to be issued pursuant to it, the provisions therein made for the security and payment of the revenue bonds, and the validity of all other provisions and proceedings relating to the authorization and issuance of such bonds. After that time, no person may contest the regularity, formality, legality, or effectiveness of the bond resolution, any provisions of the revenue bonds to be issued pursuant to it, the provisions for the security and payment of the revenue bonds, and the validity of all other provisions and proceedings relating to their authorization and issuance, for any cause whatever. Thereafter, it shall be conclusively presumed that the revenue bonds are legal and that every legal requirement for the issuance of the revenue bonds has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.

(2) The bond resolution shall authorize the participation of the authority in the financing of the economic development project and, in addition, may contain provisions which shall be a part of the contract with the holders of such issue of revenue bonds, as to:

(a) Pledging all or any part of revenues received or to be received, and agreements to secure the payment of such issue of revenue bonds.

(b) Rates, fees, rentals, or other charges to be established, maintained, and collected, and the use and disposition of revenues, gifts, and funds received or to be received.

(c) The setting aside of reserves or bond retirement funds and the regulation and disposition thereof.

(d) The custody, collection, securing, investment, and payment of any monies held in trust or otherwise for the payment of revenue bonds or in any way to secure the payment of revenue bonds, including the establishment and maintenance of revenue, reserve, or other funds as trust funds.

(e) Limitations or restrictions on the purposes to which the proceeds of sale of any revenue bonds then or thereafter to be issued may be applied.

(f) Limitations or restrictions on the issuance of additional revenue bonds; the terms upon which additional revenue bonds may be issued and secured, or the refunding of outstanding or other revenue bonds, or both.

(g) Vesting in one or more trustees or fiscal agents such property, rights, powers, and duties in trust as the authority may determine.

(h) The acquisition and disposition of property.

(i) The rights and remedies available to the bondholders in the event of default.

(j) Provisions for insurance and for accounting reports and the inspection and audit thereof.

(k) The replacement of mutilated, destroyed, stolen, or lost revenue bonds.

(l) Any other matters of like or different character which in any way affect the security or protection of the revenue bonds.

(3) All revenue bonds issued pursuant to a bond resolution shall be equally and ratably secured by a pledge, charge, and lien upon revenues provided for in the bond resolution. Any pledge made by the authority pursuant to this Section shall be valid and binding from the time when the pledge is made. The revenues, securities, and other monies so pledged and then held or thereafter received by the authority or any fiduciary shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, whether or not such parties have notice thereof.

(4) The bond resolution by which a pledge is created need not be filed or recorded except in the official minutes of the authority and of the State Bond Commission.

(5) The revenue bonds shall be of such series, bear such date or dates, be serial or term bonds, mature at such time or times, bear interest at such rate or rates payable on such date or dates, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the revenues of the authority as the bond resolution may provide.

(6) The revenue bonds shall be sold by the authority in such manner and at such prices, at public or private sale, as it may determine. If the authority sells the bonds at public sale, notice of such sale upon sealed proposals shall be published at least once not less than seven days prior to the date of such sale in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in the city of New York, New York, and in a newspaper of general circulation published in the city of New Orleans, Louisiana.

(7) The revenue bonds and coupons attached thereto shall be executed in the name of the authority by the manual or facsimile signatures of such official or officials as may be designated in the bond resolution. If any officer whose manual or facsimile signature appears on any revenue bond or coupon ceases to be such officer before the delivery of such revenue bonds, such signature nevertheless shall be valid and sufficient for all purposes as if he had remained in office until such delivery. The bond resolution may provide for authentication of the revenue bonds by the trustees or fiscal agent thereunder.

C. Pending the preparation of definitive revenue bonds, the authority may issue interim receipts or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds when such bonds have been executed and are available for delivery.

D. No commissioner or officer of the authority, and no officer or member of the city of New Orleans or its governing body, or any person executing such revenue bonds shall be liable personally on such revenue bonds.

E. The authority shall have power to purchase its revenue bonds out of any funds available therefor under the bond resolution. It may hold, cancel, or resell such bonds, subject to and in accordance with agreements with holders of its revenue bonds.

F. All revenue bonds and interest coupons appertaining thereto issued pursuant to this Section shall be and are hereby made negotiable instruments within the meaning of and for all of the purposes of the negotiable instruments law of Louisiana, subject only to the provisions of the revenue bonds for registration.

G. All revenue bonds and the income therefrom shall be exempt from all taxation by the state of Louisiana or any political subdivision thereof. The revenue bonds shall be legal and authorized investments for banks, savings banks, insurance companies, homestead and building and loan associations, trustees, and other fiduciaries and may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana, in any case where, by present or future laws, deposit or security is required.

H. The holders of any revenue bonds issued hereunder shall have such rights and remedies as may be provided in the bond resolution, including, but not by way of limitation, acceleration of payment, appointment of a trustee for bondholders, appointment of a receiver for the redevelopment project or the revenue bond program financed with the proceeds of the revenue bonds or the revenues from such program, or both, and any other available civil action to compel compliance with the terms and provisions of the revenue bonds and the bond resolution.

I. The revenue bonds shall be limited obligations of the authority. The principal of and interest on the revenue bonds shall not be payable from the general funds of the authority nor shall they constitute a pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues except the revenues, agreements, and funds pledged under the bond resolution. Neither the credit nor the taxing power of the city of New Orleans or the state of Louisiana shall be pledged for the payment of such principal or interest, and no holder of revenue bonds shall have the right to compel the exercise of the taxing power by the city of New Orleans or the forfeiture of its property in connection with any default thereon. Every revenue bond shall recite in substance that the principal of and interest on such bond is payable solely from the revenues pledged to its payment and the authority is not obligated to pay such principal or interest except from such revenues. The revenue bonds issued under the provisions of this Section shall not constitute a debt of the state of Louisiana or the city of New Orleans, are not subject to any constitutional or statutory debt limitation or restriction and shall not be subject to the provisions of the charter of the city of New Orleans relating to the authorization, issuance, or sale of bonds, and the state of Louisiana shall not be liable thereon.

J. Subject to agreements with the holders of revenue bonds, all proceeds of revenue bonds and all revenue pledged under a bond resolution shall be set aside as received and shall be deposited and held in trust by a trustee appointed by the authority in a fund or funds separate and apart from all other funds of the authority. Subject to the bond resolution, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes in such bond resolution.

K. Without limitation of the powers granted to the authority pursuant to this Section, the authority is specifically authorized and empowered to:

(1) Lend proceeds of bonds issued pursuant to this Section to an entity or entities for the purpose of such entity or entities making qualified equity investments in a community development entity, provided that the community development entity uses such qualified equity investment to make qualified low-income community investments in qualified active low-income community businesses operating primarily in the city of New Orleans.

(2) Create, operate, manage, invest in or loan to, and own entities created for the purpose of facilitating economic development projects.

Acts 2006, No. 666, §1, eff. June 29, 2006.