La. Rev. Stat. § 33:7714 — LA Code / Code revised-statutes / Title 33 / Section 7714
Erath-Delcambre Consolidated Wastewater District
Status: in_force

A.(1) There is hereby created the Erath-Delcambre Consolidated Wastewater District, referred to in this Section as the "district" or "consolidated district", within the parishes of Vermilion and Iberia, as more specifically provided in Subsection B of this Section. The district shall be a political subdivision of the state within the meaning of Article VI, Section 44(2) of the Constitution of Louisiana but shall not be considered an instrumentality of the state for the purposes of Article X of the Constitution of Louisiana.

(2) The district is established for the construction, maintenance, and operation of wastewater services and facilities within the district boundaries.

B. The Erath-Delcambre Consolidated Wastewater District shall be comprised of all of the property located within the corporate limits of the towns of Erath and Delcambre, as well as all of the property within the following boundaries: bounded on the west by the eastern edge of the Delcambre Canal, bounded on the north by the southern edge of a straight line formed by the extension of Pearl Street in an easterly direction, bounded on the east by a straight line formed by the western edge of Twin Port Road and its extension to the north where it intersects with the extension of Pearl Street, and bounded on the south by a straight line drawn due west from the southern end of Twin Port Road to a point where it intersects with the eastern edge of the Delcambre Canal.

C.(1) The district shall be governed by a board of commissioners, referred to in this Section as the "board", comprised as follows:

(a) Two members shall be appointed by the governing authority of the town of Erath.

(b) Two members shall be appointed by the governing authority of the town of Delcambre.

(c) One member shall be appointed by the seafood processing facilities within the district.

(2)(a) Except as provided in Subparagraph (b) of this Paragraph, members shall serve four-year terms and shall be eligible for reappointment. In no case, however, shall any member serve more than three consecutive terms.

(b) Initial terms of the board shall be determined by lot at the first meeting; one member shall serve one year; one member shall serve two years; two members shall serve three years; and one member shall serve four years.

(3) All members shall be residents of the district.

(4) Members may be removed for cause by a majority vote of the other members of the board. Any member so removed shall not be eligible for reappointment to the board.

(5) Any member who misses four consecutive regular meetings of the board shall be automatically removed from office and his position shall be deemed vacant.

(6) Vacancies on the board shall be filled in the manner of the original appointment. Should the appointing authority fail to fill the vacancy within thirty days of receiving official notice of the vacancy from the highest ranking officer of the board in good standing, the remaining board members may appoint a member to serve the remainder of the unexpired term. Such an appointee shall be eligible for reappointment by the appointing authority.

D.(1) Board members shall serve without compensation.

(2) The board shall be domiciled in the town of Delcambre.

(3) The board shall adopt bylaws it deems necessary or advisable for conducting its business affairs. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including laws relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.

(4) The minute books and archives of the district shall be maintained by the secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.

(5) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.

(6) 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 through the secretary of the board.

E. The district, through its governing board, shall have the following powers:

(1) To sue and be sued.

(2) To establish, use, and alter at will a corporate seal.

(3) To enter into contracts.

(4) To acquire, hold, lease, or dispose of property.

(5) To contract for, install, maintain, and operate a sewerage system within its boundaries and to exercise the power of expropriation for the purpose of laying, installing, and operating the sewerage system and appurtenances.

(6) To incur indebtedness and issue bonds in the manner provided by law.

(7) To receive and expend gifts, grants, donations, or appropriations of money.

(8) To enact all rules and regulations necessary or advantageous to the installing, maintenance, operation, and use of the sewerage systems or plants.

(9) To employ or contract for labor necessary to achieve the purpose of the district.

(10) Any other powers necessary or incidental to the achievement of the purpose of the district.

F.(1) In addition to any other powers granted by this Section or by any other provision of law, the governing authority of the district may levy taxes on real property within the district for the purpose of funding any aspect of providing a sewerage system, subject to the provisions of this Subsection:

(a) Such taxes may be levied in the form of ad valorem taxes or parcel fees which shall be levied on all taxable property within the district.

(b) Any such tax or fee shall be levied and collected in the same manner as ad valorem taxes. Such tax may be carried on the tax rolls for the parishes in which the district is located and may be enforced in the same manner as ad valorem taxes.

(c) The board may incur debt and issue bonds payable in whole or in part from an irrevocable pledge and dedication of all or a portion of the proceeds of such taxes on property in accordance with the law.

(d) The proceeds of the tax or parcel fee or of bonds secured by such tax or fee may be used by the district for any aspect of providing sewage disposal services, including but not limited to acquisition, construction, improvement, extension, operation, repair, or maintenance of all or any element of a sewerage system.

(2) Any such tax or fee to be levied in the district shall be proposed in an ordinance of the district. Such ordinance shall specify the type of tax, the rate of the tax, if the tax is a parcel fee, the ordinance must define "parcel", the timing and manner of collection of the tax or fee, and the ordinance must state the purpose for which the tax is requested.

(3) No such tax or fee shall be levied nor any debt incurred nor bonds issued until such action is approved by a majority of the electors of the district voting on the proposition at an election held for such purpose in accordance with the Louisiana Election Code.

G. Any existing sewerage district wholly included within the boundaries of the consolidated district, referred to in this Section as an "underlying district", shall no longer have the right to issue bonds or other obligations, and all books, records, and assets of such underlying district shall be transferred to the consolidated district. The board of the consolidated district shall cause taxes to continue to be levied in all respects as would have been required had such consolidation not been effected for the payment of the outstanding indebtedness of each underlying district, if such indebtedness has not been assumed by the consolidated district as provided in Subsection H of this Section. In addition, if the indebtedness of any underlying district consists of revenue bonds or special assessment certificates payable from service charges or assessments, the board of the consolidated district shall continue to impose and collect such service charges or assessments, as well as any special taxes previously authorized and legally dedicated by covenant with bondholders to the payment of maintenance or operation expenses.

H. The creation of the consolidated sewerage district by this Section shall not affect or impair in any manner any contract rights enjoyed by the holders of any outstanding bonds or obligations of any underlying districts. To the extent required by such contract rights, taxes, service charges, and assessments on the property subject to the payment of principal of and interest on such bonds or obligations shall continue to be levied and collected as provided in Subsection G of this Section; however, the district may assume all or any indebtedness of any underlying district in the manner and with the effect provided by R.S. 39:661 et seq. for the assumption of indebtedness by parishes.

I. The district, in addition to its right to issue bonds or other obligations for the purposes and in the manner elsewhere provided in the constitution and laws of this state, may issue refunding bonds for the purpose of refunding any outstanding revenue bonds or obligations of one or more of its underlying districts or, in its discretion, may authorize and deliver a single issue of revenue bonds for both improvement and refunding purposes. Refunding bonds so authorized shall be authorized and issued in the manner provided by law for the issuance of the bonds or other obligations refunded and shall be secured in the same manner as the bonds or obligations refunded, except that the governing authority, in its discretion, may provide for changes in the source of payment of such bonds or obligations as it considers desirable, and except that any refunding bonds so authorized either may be sold and the funds realized from the sale thereof applied exclusively to the payment of the bonds or obligations refunded or may be delivered in exchange for a like principal amount of the bonds or obligations refunded or may be sold in part or exchanged in part. Such refunding bonds also may be sold and the proceeds thereof escrowed to be used in paying the bonds or obligations refunded on the date on which they become payable through maturity or call for redemption. Refunding bonds so issued shall not exceed in principal amount the principal amount of the bonds or obligations to be so refunded.

Acts 2010, No. 486, §1, eff. Jan. 1, 2011.
La. Rev. Stat. § 33:2952 — LA Code / Code revised-statutes / Title 33 / Section 2952
Ordinance authorizing subscription
Status: in_force

All ordinances passed for such subscriptions shall contain the following provisions:

First.--A statement of the number and amount of shares proposed to be subscribed.

Second.--The levy of a tax on the immovables situated in the parish or municipal corporation, sufficient to pay the amount of the subscription, and specifying the rate of taxation, and the time when it shall be payable.
La. Rev. Stat. § 33:4545.26 — LA Code / Code revised-statutes / Title 33 / Section 4545.26
Eminent domain
Status: in_force

The Authority created under the provisions of this Chapter is hereby vested with the authority to exercise the power of expropriation or eminent domain to the same extent as all other public utilities in the state of Louisiana in accordance with R.S. 19:1 et seq. Notwithstanding anything contained in this Chapter, this power shall not be used to acquire sites for power generating facilities and shall not be used to acquire the generation, transmission, distribution, fuel, and fuel supply resources, other related facilities or any other property of any unit without the consent of the unit.

Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
La. Rev. Stat. § 33:3682 — LA Code / Code revised-statutes / Title 33 / Section 3682
Petition of abutting owners
Status: in_force

Upon the written petition of the owners of not less than fifty per cent of the front footage of land abutting a street or road, or portion thereof, to be improved, any parish, Orleans excepted, shall improve such street or road, or portion thereof one block or more in length, and may levy and collect special taxes or local assessments on the property abutting the street or road to be improved for the purpose of defraying the entire cost of the improvement, the abutting real estate owners shall be determined by the conveyance records of the parish in which such property is situated.

Amended by Acts 1950, No. 71, §1.
La. Rev. Stat. § 33:130.105 — LA Code / Code revised-statutes / Title 33 / Section 130.105
Fees and ad valorem tax; borrowing money
Status: in_force

A. The board of commissioners may, when necessary, levy annually an ad valorem tax not to exceed five mills on the dollar of assessed valuation of all property provided that the amount, term, and purpose of said tax, as set out in a proposition submitted to a vote in accordance with the Louisiana Election Code, shall be approved by a majority of the qualified electors voting in a special election held for that purpose.

B.(1) All funds derived under this Section may be used for any expenses or purposes of the district. The board of commissioners shall establish and maintain, in addition to all necessary and normal accounts, including a tourism development fund for promotion and attraction of the tourism industry.

(2) The economic development operational fund shall be used for the development and attraction of industries and tourism to accomplish the following:

(a) The operational fund shall be used for operating expenses necessary in creation of economic, commercial, and tourism development in hiring sufficient staff to accomplish the purposes set out in this Subpart, and other related expenses.

(b) The operational fund may also be utilized in contracting for services as may be required by the district including, but not limited to, planning assistance, surveys, land use studies, technical services, and other services necessary to effectuate a unified economic and tourist development plan.

Acts 1988, No. 29, §1, eff. June 10, 1988; Acts 2006, No. 552, §1, eff. June 22, 2006.
La. Rev. Stat. § 33:130.387 — LA Code / Code revised-statutes / Title 33 / Section 130.387
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, 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 of the district who vote in a special election called and conducted under the authority of the Louisiana Election Code. 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 industrial and commercial development revenue bonds. Said bonds shall be issued in the manner as provided for 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, authorized by R.S. 33:130.256, 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 1992, No. 929, §1, eff. July 9, 1992.
La. Rev. Stat. § 33:452 — LA Code / Code revised-statutes / Title 33 / Section 452
Town of Evergreen; appointment of court magistrate
Status: in_force

The board of aldermen of the town of Evergreen shall, upon request of the mayor, appoint an attorney 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 the 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 the court. The magistrate shall receive a salary fixed and paid by the board of aldermen.

Acts 2008, No. 192, §1.
La. Rev. Stat. § 33:1420.18 — LA Code / Code revised-statutes / Title 33 / Section 1420.18
Special district in Jefferson Parish
Status: in_force

A. Creation. The governing authority of the parish of Jefferson is hereby authorized pursuant to this Part and more specifically by this Section to create, by ordinance, a special taxing district and political subdivision of the state, referred to in this Section as the "district".

B. Boundaries. The district shall be comprised of the property bounded by Segnette Boulevard, Canal A, Outer Cataouatche Canal, Main Canal Extension, Avondale Canal, Highway 90, and the Westbank Expressway in Jefferson Parish.

C. Purpose. The district shall have as its purpose cooperative economic development between the parish of Jefferson, the Jefferson Parish Economic Development and Port District, referred to in this Section as "JEDCO", and the district, in order to further the purposes of JEDCO in the technology park located or to be located within the district known as the Churchill Technology and Business Park, including but not limited to promoting economic development in the Churchill Technology and Business Park.

D. Rights and powers. The district, acting by and through the Jefferson Parish Council, referred to in this Section as the "board", 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 individual.

(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 or 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. For this purpose 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.

E.(1) In addition to any other authority provided for in this Section and pursuant to a cooperative endeavor agreement, the district may issue revenue bonds payable solely from an irrevocable pledge and dedication of up to the full amount of any sales tax increments designated by the board of the district to finance or refinance or to pay all of or a portion of the costs of projects located in the Churchill Technology and Business Park within the district which will further a public function of JEDCO, will result in economic development or the maintenance of existing jobs, or will achieve other economic goals that will benefit the parish of Jefferson. The district may also utilize any sales tax increments designated by the board of the district for any authorized purpose of the district.

(2)(a) A sales tax increment may consist of that portion of state sales tax revenues of the state of Louisiana and any political subdivision whose boundaries are coterminous with those of the state collected each year on the sale at retail, the use, the lease or rental, the consumption, and storage for use or consumption of tangible personal property and on sales of services, all as defined in R.S. 47:301 et seq., or any other appropriate provision or provisions of law, as amended, from taxpayers located within the district which exceeds the sales tax revenues that were collected by such taxing authorities in the year immediately prior to the year of establishment of the district.

(b) Prior to the dedication of any state sales tax increments to be used to pay for an authorized purpose of the district, the secretary of Louisiana Economic Development shall submit the proposal to the Joint Legislative Committee on the Budget for approval. In addition, any cooperative endeavor agreement or other agreement providing for the expenditure of funds collected by the state as state sales tax increments and dedicated to a project or for the payment of revenue bonds therefor shall be subject to approval by the State Bond Commission prior to execution by the state.

(c)(i) The board of the district shall designate the initial annual baseline collection rate for the district, which shall be the amount of the sales taxes collected in the district in the fiscal year most recently completed prior to the establishment of the district. In addition, a monthly baseline collection rate shall be determined by dividing the initial annual baseline collection rate by twelve.

(ii) The initial annual baseline collection rate and the monthly baseline collection rate shall be certified by the chief financial officer of Jefferson Parish. The certification shall also be published one time in the official journal of Jefferson Parish.

(iii) If the amounts of the initial annual baseline collection rate and the monthly baseline collection rate are not contested within thirty days after the said publication, then such amounts shall be conclusively presumed to be valid, and no court shall have any jurisdiction to alter or invalidate the designation of the amount of either the initial annual baseline collection rate or the monthly baseline collection rate.

(d) The increment of the sales taxes which are to be pledged and dedicated to the payment of the revenue bonds or otherwise used for district purposes as provided in this Section shall be the amount of the sales taxes which are collected in the sales tax area each year in excess of the initial annual baseline collection rate. Such pledged sales tax increment may include all or any portion of such excess as determined by the board of the district.

(3) Dedication of sales tax increments to pay the revenue bonds or other use of sales tax increments for district purposes as provided in this Section shall not impair existing obligations and shall not include tax revenues of a tax authority previously dedicated for a special purpose unless a majority of the electors within the territorial jurisdiction of such tax authority voting at an election held for such purpose approves the use of such tax for the purposes provided for in this Subsection.

F. Liberal construction. This Section, being for a public purpose and necessary for the welfare of the state, Jefferson Parish, and their residents, shall be liberally construed to effect the purposes thereof.

Acts 2007, No. 411, §1, eff. July 10, 2007.
La. Rev. Stat. § 33:4727 — LA Code / Code revised-statutes / Title 33 / Section 4727
Board of adjustment; membership; powers and procedures; appeals from decisions
Status: in_force

A.(1) The local legislative body may provide for the appointment of a board of adjustment, and in the regulations and restriction adopted pursuant to the authority of R.S. 33:4721 through R.S. 33:4729 may provide that the board may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules contained therein.

(2) The board of adjustment shall consist of five members, and may include two alternate members, all of whom shall be landowners and qualified voters. The membership of the first board shall serve respectively, one for one year, one for two years, one for three years, one for four years and one for five years. Thereafter members shall be appointed for terms of five years each.

(3) Of the two alternate members first appointed, one alternate member shall be appointed for a term of three years and the other for a term of two years. Thereafter each alternate member shall be appointed for a term of three years. Alternate members shall serve only when called upon to comprise a full five-member board when a quorum is present. When so serving, alternate members shall have all the powers and duties of regular members.

(4) All members shall be removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman, who shall serve for one year.

(5) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to R.S. 33:4721 through 33:4729; however, any rules adopted by a board of adjustment, zoning administrator, or other official or official body appointed by the governing authority shall not be effective until approved in writing by the governing authority.

B.(1) In the parish of Orleans, effective January 1, 1984, the positions of alternate member are abolished and thereafter the board of adjustment of the parish of Orleans shall consist of seven members, all of whom shall be residents and electors of the parish.

(2) However, the members serving on the effective date of this Subsection shall continue to serve the terms to which they were originally appointed.

(3) The two additional members shall be appointed in the same manner as the initial five members of the board and shall serve respectively, one for four years and one for five years. Thereafter each additional member shall be appointed for a term of five years.

C.(1) Meetings of the board 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 acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its meetings, 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 examination 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 an auditory recording or by a reporter employed by the board for the purpose.

(2)(a) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken, and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken, after all transcript costs and all other costs of appeal are paid by the person or entity taking the appeal, the appellant.

(b) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case proceedings shall not be stayed otherwise than by a restraining order that may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

(c) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the interested parties, and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(3) The board of adjustment shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of R.S. 33:4721 through R.S. 33:4729 or of any ordinance adopted thereto.

(b) To hear and decide all matters referred to it or upon which it is required to pass under the ordinance.

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

D.(1) In exercising the above mentioned powers the board may, in conformity with R.S. 33:4721 through R.S. 33:4729, 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, and to that end shall have all the powers of the officer from whom the appeal is taken.

(2) The concurring vote of a majority of the members of the board present and voting shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any ordinance, or to effect any variation in the ordinance.

E.(1) Any person or persons jointly or severally aggrieved by any decision by the board of adjustment of any officer, department, board, or bureau of the municipality, may present to the district court of the parish or city in which the property affected is located a petition, duly verified, setting forth that the decision is illegal, in whole or in part, 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.

(2) Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall be prescribed therein the time within which a return may be made and served upon the relator's attorney, that shall be not less than ten days but which may be extended by the court. The party requesting the appeal or writ shall bear the costs of transcribing the auditory recording of the meeting in which the adverse board of adjustment decision was rendered.

(3) The board of adjustment 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 of the decision appealed from and shall be verified.

(4) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct, the cost of which shall be borne by the party who initiated the appeal, 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.

(5) The court may reverse or confirm, wholly or in part, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under this Section shall have preference over all other civil actions and proceedings.

F. In the city of Slidell the positions of alternate members are abolished and hereafter the board of adjustment of the city of Slidell shall consist of seven members, all of whom shall be landowners and qualified voters. The members serving on the effective date of this Subsection shall continue to serve the terms to which they were originally appointed. The two additional members shall be appointed in the same manner as the initial five members of the board and shall serve respectively, one for four years and one for five years. Thereafter each additional member shall be appointed for a term of five years.

Acts 1983, No. 537, §1, eff. July 14, 1983; Acts 1985, No. 259, §1, eff. July 6, 1985; Acts 1990, No. 758, §1; Acts 1991, No. 852, §1, eff. July 23, 1991; Acts 1991, No. 1032, §1, eff. July 26, 1991.
La. Rev. Stat. § 33:4780.28 — LA Code / Code revised-statutes / Title 33 / Section 4780.28
Public hearing; notice of intention to consider adoption
Status: in_force

A public hearing on an application for a development agreement shall be held by the planning agency, if any, and by the governing authority of the municipality or parish. Notice of intention to consider adoption of a development agreement shall be published at least three times in the official journal of the municipality or parish and at least ten days shall elapse between the first publication and the date of the hearing.

Acts 1988, No. 505, §1.
La. Rev. Stat. § 33:447.10 — LA Code / Code revised-statutes / Title 33 / Section 447.10
Mayor's court; town of Lockport; additional court costs
Status: in_force

Notwithstanding any other provision of law to the contrary, the mayor of the town of Lockport may also impose additional court costs not to exceed forty dollars for each offense, as defined by ordinance, on any defendant convicted of a violation of a municipal ordinance. Any additional amount in court costs collected pursuant to this Section shall be allocated to the town of Lockport to be used for the purchase, repair, and replacement of law enforcement equipment and technological upgrades for the town of Lockport and the Lockport Police Department.

Acts 2012, No. 238, §1.
La. Rev. Stat. § 33:2476.6 — LA Code / Code revised-statutes / Title 33 / Section 2476.6
Municipal fire and police civil service boards in certain municipalities; board secretary
Status: in_force

A. Notwithstanding the provisions of R.S. 33:2476(L)(1), in any municipality having a population in excess of one hundred fifty thousand but not more than two hundred ten thousand persons, based on the latest federal decennial census, the board may fill the office of secretary for the municipal fire and police civil service board by employing on a full-time basis any person whom the board deems qualified. The secretary shall receive compensation and benefits within a salary range comparable to that established for classified personnel employed in similar administrative positions by the respective municipality. The secretary is solely accountable to the board and shall serve at the pleasure of the board.

B. The duties of the secretary shall be assigned by the civil service board.

Acts 2016, No. 542, §1; Acts 2022, No. 351, §1.
La. Rev. Stat. § 33:4095 — LA Code / Code revised-statutes / Title 33 / Section 4095
New Orleans; sewerage, water and drainage system; extension; special tax
Status: in_force

It shall be the duty of the council of the city of New Orleans, or its successor, as the governing body of said city of New Orleans, to levy and collect for the year 1951, and annually thereafter for a term of fifty years, a special ad valorem tax of three mills on the dollar, upon all taxable property, real, personal and mixed, in the city of New Orleans. The proceeds of said three mills tax shall be paid over to the Board of Liquidation, City Debt, day by day as the same is collected by the proper officials of the city of New Orleans and such proceeds shall be used solely and exclusively for the construction and extension of the sewerage, water and drainage systems of the city of New Orleans and shall be deposited with the fiscal agent banks of the Board of Liquidation, City Debt, to the credit of a special fund called "Construction and Extension Fund of the Sewerage and Water Board". The Board of Liquidation, City Debt, may, in its discretion, invest any of the proceeds of said special tax in bonds, treasury certificates, and general obligations of the United States whenever the sewerage and water board of New Orleans, by resolution, designates such proceeds as idle funds, designates the date when such funds will be needed for authorized purposes and requests the investment of such funds by the Board of Liquidation, City Debt.

Provided, should the tax authorized to be levied by the city of New Orleans in any one year for bonded debt purposes under the provisions of Act 4 of 1916, as amended, and Act 3 of the Extra Session of 1927, as amended, exceed seven mills, the tax hereby authorized shall be reduced in proportion to the excess, and when the levy of said tax for bonded debt purposes under the said two acts above referred to (which acts as amended now form part of the constitution of Louisiana) reaches or exceeds ten mills, the tax hereby authorized by this amendment shall be suspended. The intention of this act is that if the tax levied by the city of New Orleans in any one year for bonded debt purposes, plus the tax of six and one-half mills authorized to be levied by the city of New Orleans for general municipal purposes as authorized by said Act 4 of 1916, as amended, shall exceed in the aggregate thirteen and one-half mills in any one year, the tax hereby authorized shall be reduced or suspended so as to remain within the limitation of sixteen and one-half mills as provided by Section 15 of Act 4 of 1916, and provided further, that this amendment, if adopted as part of the constitution of Louisiana, shall not affect the right, power and authority of the city of New Orleans to levy a tax on all taxable property in the city of New Orleans sufficient to pay the principal and interest on any bonds of the city of New Orleans now issued and outstanding or which may be issued in the future under the provisions of said Act 4 of 1916, as amended, and said Act 3 of the Extra Session of 1927, as amended, which said acts now form part of the constitution of Louisiana; and provided further, that this amendment, if adopted, shall not affect the right, power and authority of the city of New Orleans to issue bonds in the future as is provided for in said Act 4 of 1916, as amended, and Act 3 of the Extra Session of 1927, as amended, and which said Acts as amended now form part of the Constitution of Louisiana, and provided further that if this amendment is adopted as part of the constitution of Louisiana, that the tax authorized herein shall be in addition to the tax now authorized by Act 197 of the Regular Session of the Legislature of Louisiana for the year 1938, which said act was adopted and now forms part of the constitution of Louisiana. All disbursements made by the sewerage and water board out of the proceeds of said fund shall be in the form of warrants or drafts on the Board of Liquidation, City Debt, setting forth the amount thereof, the persons to whom payable, and the purpose for which the payment is made; and the Board of Liquidation, City Debt, is charged with the duty of taking care that no irregular or improper or unlawful payments are made out of said special tax fund. The Board of Liquidation, City Debt, as now organized and created and with the powers, duties and functions prescribed by existing laws and by this amendment shall be continued as long as said special tax is levied and collected under this amendment.

The provisions hereof are self-operative and the city of New Orleans and the several boards and bodies herein referred to shall carry the same into effect.

Added by Acts 1976, No. 167, §1.
La. Rev. Stat. § 33:4546.6 — LA Code / Code revised-statutes / Title 33 / Section 4546.6
Bonds of the authority
Status: in_force

A. The authority may issue from time to time its bonds in such principal amounts as the authority shall deem necessary to provide sufficient funds to carry out any of its corporate purposes and powers. The principal of, redemption premium, if any, and interest on such bonds shall be payable solely from, and may be secured by a pledge of and lien upon, the revenues, or any portion thereof, derived or to be derived by the authority from the sale of natural gas or contributions or advances from any participating political subdivision, or monies derived from any source as the authority shall determine. Bonds of the authority shall be authorized by a resolution adopted by its board of directors and spread upon its minutes. The bonds of each issue shall be dated, shall bear a maximum rate of interest as provided by statutes affecting revenue bonds issued by municipalities, shall mature at such time or times not exceeding fifty years from their date or dates, shall have such rank or priority and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions, all as may be determined by the authority. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The authority may sell such bonds in such manner, either at public or at private sale, and for such price, as it may determine to be for the best interest of the authority and the governmental units to be served thereby.

B. The issuance of such bonds shall not be subject to any limitations or conditions contained in any other law and bonds may be issued without obtaining the consent of the state or any political subdivision, or of any agency, commission or instrumentality of either thereof, except that the issuance of such bonds shall be subject to the approval of the State Bond Commission, and without any other approvals, proceedings or the happening of any conditions or things other than those approvals, proceedings, conditions or things which are specifically required by this Chapter, and the provisions of this resolution authorizing the issuance of such bonds or the trust agreement securing the same.

C. The bonds shall be issued substantially in compliance with the provisions of this Chapter and it shall not be necessary to hold an election or referendum on the issuance of the bonds.

D. For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause whatsoever. If no suit, action or proceeding is begun contesting the validity of the bond issue within the thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, and the legality thereof and all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters.

Acts 1988, No. 412, §1.
La. Rev. Stat. § 33:423.3 — LA Code / Code revised-statutes / Title 33 / Section 423.3
City of Gretna; appointment and discharge of police personnel by chief of police
Status: in_force

Notwithstanding the provisions of R.S. 33:402(4) or R.S. 33:423 or any other provision of law to the contrary, in and for the city of Gretna, the chief of police shall appoint and discharge police personnel subject to the budgetary limitations of the mayor and board of aldermen pertaining to the number of allotted positions for the police department.

Added by Acts 1982, No. 530, §1.
La. Rev. Stat. § 33:130.615 — LA Code / Code revised-statutes / Title 33 / Section 130.615
Taxes; borrowing money
Status: in_force

A. The board of commissioners may, when necessary, levy annually an ad valorem tax, provided that the amount, term, and purpose of the tax, as set out in a proposition submitted to a vote in accordance with the Louisiana Election Code, shall be approved by a majority of the qualified electors voting in a special election held for that purpose.

B.(1) The board of commissioners may, subject to approval of a majority of the electors voting at an election held for the purpose, levy and collect a sales and use tax within the boundaries of the district for such purposes and at such rate as provided by the proposition authorizing its levy, not exceeding one percent, which tax may exceed the limitation set forth in Article VI, Section 29(A) of the Constitution of Louisiana.

(2) The tax shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the distribution and storage for use or consumption of tangible personal property, and upon the sales of services within the district, all as presently defined in R.S. 47:301 et seq.

(3) Except where inapplicable, the procedure established by R.S. 47:301 et seq. shall be followed in the imposition, collection, and enforcement of the tax, and procedural details necessary to supplement those provisions and to make them applicable to the tax herein authorized shall be fixed in the resolution imposing the tax.

(4) The tax shall be imposed and collected uniformly throughout the district.

C. In addition to any tax, fee, charge, or assessment otherwise authorized by this Subpart, the district may levy or impose any tax, fee, charge, or assessment which is approved by a majority of the voters of the district who vote at an election held for such purpose.

D. All funds derived under the provisions of this Subpart may be used only for expenses or specified purposes of the district. The board of commissioners shall establish and maintain, in addition to all necessary and normal accounts, the following special accounts:

(1) A revolving-loan guarantee fund, to be used to guarantee industrial or business terminal development loans to the extent permitted by the Constitution of Louisiana under the following guidelines:

(a) Loan guarantees shall be made only when adequate financing for the project is unavailable through normal lending channels and the project represents a sound business venture that is financially and economically feasible.

(b) Loan guarantees shall be used to assist an identifiable business concern to finance plant construction, conversion, or expansion and to finance acquisition of land, existing structures, machinery, or equipment and to provide operational funds.

(c) Loan guarantees may be evaluated for the economic impact in terms of the number and types of jobs created or saved.

(d) Loan guarantees shall be made to leverage other sources of private and public capital to attain the greatest economic impact possible with the limited funds available.

(e) Loan guarantees shall be targeted to industries, manufacturing firms, and wholesale distribution firms and service firms.

(f) The lending or underwriting principals shall have such demonstrated experience, ability, and net worth as would allow for the success, continuation, security, and solvency of the program. Prudent lending and underwriting standards shall be applied in order to comply with the primary objectives of this Section.

(2) An economic development operational fund, for the development and attraction of industries to accomplish the following:

(a) The operational fund shall be used for operating expenses necessary in creation of industrial and commercial development, in hiring sufficient staff to accomplish the purposes set out in this Subpart, and other related expenses.

(b) The operational fund may also be utilized in contracting for services as may be required by the district including but not limited to planning assistance, surveys, land use studies, professional and technical services, and other services necessary to effectuate a unified industrial development plan.

(3) An account for the maintenance and operation of a governmental procurement center to provide necessary information to companies and individuals engaged in providing services and goods to accomplish the following:

(a) Pinpoint and identify potential buying centers and aid in placing the company on a bidder's list for these centers and assist companies in obtaining specifications for their products or services.

(b) Provide trained counselors to assist in acquiring solicitation and bid packages and conduct seminars designed to disseminate other information needed by the target companies and individuals.

E. Any tax levied under this Section shall be in addition to all other taxes in which a municipality, parish, or any other political subdivision within the district are now or hereafter authorized to levy and collect.

F. Nothing contained within this Section shall prevent the district from imposing on real property owned by the district restrictive covenants or subdivision restrictions which require property owners who acquire such real property to pay fees, assessments, or other charges to the district.

Acts 2003, No. 1167, §1.
La. Rev. Stat. § 33:130.613 — LA Code / Code revised-statutes / Title 33 / Section 130.613
Powers of district
Status: in_force

The district, acting by and through its board of commissioners, shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to rights and powers as provided in this Section:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To acquire by gift, grant, expropriation, purchase, or otherwise all property, including rights of way; to hold and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the objects and purposes of the district, including but not limited to the establishment, maintenance, and operation of business parks, industrial parks, airports, seaports, harbors, and terminals.

(4) To enter into contracts for the purchase, acquisition, construction, and improvement of works and facilities necessary in connection with the purposes of the district.

(5) In its own name and on its own behalf to incur debt and to issue general obligation bonds, revenue bonds, certificates, notes, and other evidences of indebtedness and to levy and cause to be collected certain taxes as provided in this Subpart and as may be provided by general law.

(6) To require and issue licenses with respect to its properties and facilities.

(7) To regulate the imposition of fees and rentals charged by the district for the facilities and services rendered by it.

(8) To borrow money and pledge all or part of its revenues, leases, rents, property, or other advantages as security for such loans.

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

(10) To enter into a cooperative endeavor agreement with any industrial development board, or any successor thereof, to achieve any of the lawful purposes of the district.

Acts 2003, No. 1167, §1.
La. Rev. Stat. § 33:3811.2 — LA Code / Code revised-statutes / Title 33 / Section 3811.2
Authority of Calcasieu Parish Police Jury to expand powers of waterworks districts
Status: in_force

In addition to the powers granted by R.S. 33:3811, the Calcasieu Parish Police Jury may create waterworks subdistricts within the boundaries of existing or future waterworks districts. These subdistricts shall be governed by the same board of commissioners that govern the waterworks district in which the subdistrict is located. The formation of these subdistricts shall not impair any obligations that may have been incurred by the waterworks district during the period of its existence.

Acts 2009, No. 350, §1.
La. Rev. Stat. § 33:3121 — LA Code / Code revised-statutes / Title 33 / Section 3121
Ad valorem property tax agreements in Orleans Parish; abatement, payment in lieu of tax, and other cooperative endeavor agreements; notice requirements; limitations
Status: in_force

A. An applicant entering into a tax abatement, payment in lieu of tax, or other cooperative endeavor agreement, hereinafter "abatement agreement", that affects the ad valorem property taxes levied and collected in Orleans Parish shall send written notice, by certified mail, to the president of the Orleans Parish School Board of the abatement agreement. The notice shall be sent no less than thirty days prior to applying for the abatement agreement and shall include the following information:

(1) An estimate of the Orleans Parish School Board ad valorem property taxes to be affected by the abatement agreement.

(2) The name and contact information of the party applying for the abatement agreement.

(3) The term of the abatement agreement.

B.(1) The provisions of this Section shall be applicable to abatement agreements with a term of two or more years or to abatement agreements that will affect ad valorem property taxes of one million dollars or more.

(2) The provisions of this Section shall not be applicable to any ad valorem property tax exemptions or other abatement agreements approved by the State Board of Commerce and Industry or any ad valorem property tax exemptions established pursuant to the provisions of Article VII, Section 21 of the Constitution of Louisiana.

Acts 2024, No. 215, §1, eff. July 1, 2024.
La. Rev. Stat. § 33:3689.19 — LA Code / Code revised-statutes / Title 33 / Section 3689.19
Construction of Sections 3681 through 3689.18
Status: in_force

Sections 3681 through 3689.18 of Title 33 of the Louisiana Revised Statutes shall be construed to provide a method by which parishes may construct street improvements and levy special assessments to cover the cost thereof, which method shall be in addition to all other methods of making street improvements and levying special assessments to finance the cost thereof now or heretofore authorized by this Legislature.

Added by Acts 1963, No. 102, §2.
La. Rev. Stat. § 33:179 — LA Code / Code revised-statutes / Title 33 / Section 179
Rights of residents and owners of included territory
Status: in_force

Where the corporate limits of municipalities have been extended or enlarged as hereinabove provided, the annexed territory, the inhabitants thereof, and the owners of property therein shall enjoy as to themselves and their property all the rights, immunities, and privileges granted and enjoyed by the citizens of the municipality to which the territory has been annexed.
La. Rev. Stat. § 33:4546.3 — LA Code / Code revised-statutes / Title 33 / Section 4546.3
Powers of the authority
Status: in_force

A. The authority shall have all of the rights and powers necessary to carry out and effectuate the purposes and provisions of this Chapter. Without limiting the generality of the foregoing, the authority, as a political subdivision of the state of Louisiana with full corporate powers, shall have the following rights and powers:

(1) To adopt bylaws or rules for the regulation of its affairs and the conduct of its business, and name and designate an executive director to administer the affairs of the authority.

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

(3) To maintain an office at such place or places 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 study, plan research, and develop plans for the purchase, sale, transportation, exchange, storage, transmission, or distribution of natural gas at wholesale to and for the benefit of participating political subdivisions.

(7) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of, any property, real or personal, improved or unimproved, including any interest in land. To purchase natural gas in place and contracts for natural gas, and to acquire or construct natural gas pipelines and related facilities for the purchase, sale, transportation, exchange, storage, transmission, or distribution of natural gas and to acquire natural gas storage facilities.

(8) To sell, lease, exchange, transfer, or otherwise dispose of, or to grant options for any such purposes with respect to, any real or personal property or interest therein.

(9) To accept advice, services, and money from any political subdivision directly interested in the affairs or operations of the authority or facilities owned or operated by the authority.

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

(11) To fix charges and collect rents, rates, fees, and charges for the sale and transmission of natural gas and for the use of or for the other service, facilities, and commodities sold, furnished or supplied by the authority.

(12) To borrow money and issue revenue bonds of the authority.

(13) To pledge or assign any monies, fees, rents, charges or other revenues and any proceeds derived by the authority from the sales of bonds or property, and any contracts or other rights of the authority.

(14) To contract with respect to municipal bond insurance, bank guarantees, surety bonds, letters of credit, contracts commonly known as interest rate and commodity or other swap agreements, forward payment conversion agreements, futures or contracts providing for payments based on levels of or changes in interest rates or commodity prices, contracts to exchange cash flows or a series of payments or contracts, including without limitation options, puts or calls to hedge, payment, rate, spread, or similar exposure and other devices to enhance the credit quality of obligations or securities of public entities or to lower or stabilize the acquisition cost of natural gas and to enter into local service agreements with political subdivisions with respect thereto.

(15) The authority created under the provisions of this Chapter is hereby vested with the authority to exercise the power of expropriation to the same extent as all other public utilities in the state of Louisiana in accordance with R.S. 19:1 et seq.

B. The authority shall not be construed to be a regulated public utility and the Louisiana Public Service Commission shall have no authority with respect to the operations of the authority nor the fees and charges made by the authority for the purchase, sale, and transmission of natural gas.

C. The authority may advertise for or negotiate for the purchase of natural gas and interests and execute one or more natural gas purchase contracts, all without the necessity of compliance with the provisions of R.S. 38:2211 et seq.

D. The authority may enter into local service agreements with the participating political subdivisions through which the said political subdivisions may agree to share in the costs of operating the authority and to pay such charges and fees, as may be imposed by the authority for the purchase, sale, transportation, exchange, storage, distribution, or transmission of natural gas, including the purchase, lease, or other acquisition of any interest or the incurrence of any cost necessary in connection therewith.

E. The authority may sell or exchange natural gas not then required by participating political subdivisions under such local service agreements with the authority for such consideration and for such period and upon such other terms and conditions as may be determined by the authority, to any person, firm, association, or corporation, public or private.

Acts 1987, No. 658, §1; Acts 1988, No. 412, §1; Acts 1988, No. 738, §1; Acts 1990, No. 666, §1.
La. Rev. Stat. § 33:1395.5 — LA Code / Code revised-statutes / Title 33 / Section 1395.5
Effect on existing commissions
Status: in_force

Appointed or elected municipal charter commissions currently in existence at the time of the passage of this Act shall be permitted to function under authority at the time of their election or appointment.

Acts 1980, No. 703, §1.
La. Rev. Stat. § 33:3675.2 — LA Code / Code revised-statutes / Title 33 / Section 3675.2
Notice of intention to make improvements; hearings; publication
Status: in_force

Any municipality taking advantage of this Subpart shall adopt a resolution giving notice of its intention to make the proposed improvements, which notice shall contain a general description of the improvements contemplated and the manner of paying for them. The notice shall be signed by the authorized officer of the municipality. It shall contain substantially all things set forth in the resolution and shall set forth further that the authority ordering the giving of notice will, in open session, at the date and at the hour and place named, hear all objections to the proposed improvements and the manner of paying for them. After hearing and passing on the objections, the governing authority may order the improvements constructed in the manner hereinafter provided. The notice shall be published three times during at least two consecutive weeks, the first publication being not less than thirteen days before the date fixed for the hearing of objections and the last publication being in the last week. The notice shall be published in a newspaper published in the municipality, or if there is none, then in some newspaper published in the parish where the municipality is located or by posting in three public places within the corporate limits of the municipality fifteen days before the date of hearing.

Added by Acts 1956, No. 517, §1. Amended by Acts 1980, No. 295, §1.
La. Rev. Stat. § 33:140.10 — LA Code / Code revised-statutes / Title 33 / Section 140.10
Adoption of master plan
Status: in_force

The commission may recommend the adoption of the master plan as a whole, or, as the work of making the whole master plan progresses, may from time to time recommend a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The adoption of the plan or any part, amendment, or addition, shall be by resolution carried by the affirmative votes of a majority of the city council. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the city council, and a copy of the plan or part thereof shall be certified to the city council and the clerk of court of Caddo Parish, who shall record such plan or part thereof on the conveyance records of Caddo Parish. The plan or part thereof shall take effect after the date it shall have been adopted by the city council.

Acts 1962, No. 52, §10; Acts 2020, No. 294, §1, eff. Jan. 1, 2022.
La. Rev. Stat. § 33:4546.4 — LA Code / Code revised-statutes / Title 33 / Section 4546.4
Provisions of Chapter construction; powers reserved
Status: repealed

Nothing herein shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the authority or to impair any power thereover of any official or agency of the state and its political subdivisions which may be otherwise provided by law. Nothing contained in this Chapter shall be deemed to authorize the authority to occupy or use any land, trees, buildings, structures, or other property of any kind, owned or used by any political subdivision within its jurisdiction, or any public improvements or facility maintained by such political subdivision for the use of its inhabitants, without first obtaining the consent of the governing body thereof.

Acts 1987, No. 658, §1.
La. Rev. Stat. § 33:2951 — LA Code / Code revised-statutes / Title 33 / Section 2951
Subscription to corporate stock
Status: in_force

Municipalities and parishes may subscribe to the stock of corporations undertaking works of internal improvement.
La. Rev. Stat. § 33:2827 — LA Code / Code revised-statutes / Title 33 / Section 2827
New Orleans East/Lake Forest-Kenilworth Shopping Center Economically Disadvantaged Enterprise Zone; declaration of purpose; creation; boundaries; exemptions
Status: in_force

A. The Legislature of Louisiana hereby finds and declares that the continued viability of shopping centers and shopping complexes is of vital importance to the people of this state and in particular in economically distressed or disadvantaged areas. Shopping centers and shopping complexes provide substantial employment and economic activity and bring the availability of goods and services into the midst of our cities. In a number of large metropolitan areas the continued existence or economic viability of these important facilities is being threatened. Therefore, it is declared that the purpose of this Section is to provide appropriate local tax relief to enable these economically threatened shopping centers and shopping complexes to continue to be an economic hub of their respective communities.

B. The New Orleans East/Lake Forest-Kenilworth Shopping Center Economically Disadvantaged Enterprise Zone, hereinafter referred to as the "zone", is hereby created and established in the parish of Orleans.

C. The boundaries of the zone shall be as follows: that shopping center in the parish of Orleans known as "New Orleans East/Lake Forest Shopping Center" bounded by I-10 Service Road South on the north; Reed Boulevard on the east; Lake Forest Boulevard on the south; and Plaza Drive on the west; that shopping center in the parish of Orleans known as the New Orleans East/Kenilworth Shopping Center bounded by the I-10 Service Road South on the south; Morrison Road on the north; Martin Drive on the east; and Lamb Road on the west; all within the boundaries of Orleans Parish.

D. The governing authority of the city of New Orleans may grant tax exemptions on retail purchases made at such shopping center within the zone from any local sales and use tax.

E. The provisions of this Section shall be null and of no effect on and after August 15, 2006.

Acts 2001, No. 1170, §1.
La. Rev. Stat. § 33:140.122 — LA Code / Code revised-statutes / Title 33 / Section 140.122
Creation of districts; uniform regulations throughout district
Status: in_force

For any or all said purposes, the police jury may divide the parish into districts of such number, shape, and areas as it may deem best suited to carry out the purposes of this Subpart, and within such districts it may regulate and restrict the erection, construction, alteration, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations of one district may differ from those in other districts.

Acts 1988, 2nd Ex. Sess., No. 14, §1, eff. Oct. 27, 1988.
La. Rev. Stat. § 33:130.159 — LA Code / Code revised-statutes / Title 33 / Section 130.159
General compliances; enhancement
Status: in_force

A. No provision of this Subpart shall be construed so as to exempt the district from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual office holding and employment, public bidding for the purchase of supplies and materials and construction of public works, the Code of Governmental Ethics, the Right to Property in Article I, Section 4 of the Constitution of Louisiana, and the Louisiana Election Code.

B. The district shall have the power and right to adopt a program or programs awarding contracts to, and establishing set-aside goals and preference procedures for the benefit of, businesses owned and operated by socially or economically disadvantaged persons in accordance with any of the provisions of R.S. 38:2233 and of Chapter 19 of Title 39 of the Louisiana Revised Statutes of 1950, entitled "Louisiana Minority Business Enterprise Act".

C. The financial records of the district shall be audited pursuant to R.S. 24:513.

Acts 1988, No. 633, §1, eff. July 14, 1988.
La. Rev. Stat. § 33:9097.2 — LA Code / Code revised-statutes / Title 33 / Section 9097.2
South Burbank Crime Prevention and Development District
Status: in_force

A. Creation. There is hereby created within the parish of East Baton Rouge, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the South Burbank Crime Prevention and Development District, hereinafter referred to as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

B. Boundaries. The district shall be comprised of the area of the parish of East Baton Rouge, lying within the following perimeter: commencing at the north side of Gardere Lane at Bayou Fountain proceeding along Bayou Fountain bayou to the northwest to include the streets of Bayou Fountain and Governor, thence in a southwestern direction along Magnolia Point to Burbank, excluding the Meadowbend Subdivision, thence in a northwesterly direction along Burbank Drive to Elbow Bayou, following Elbow Bayou west and south to Nicholson, Nicholson southeast to Longview Plantation Road thence in a northeastern direction along Longview Plantation to the southeast corner of Bayou Pecan to include the Sagefield Subdivision, thence in a northerly direction along Bayou Pecan across Burbank to Bayou Fountain bayou, clearly excluding subdivisions on Bluebonnet Lane and excluding the one hundred sixty-three lots of the Sagefield subdivision filed June 16, 1991, then proceeding in a northwestern direction along Bayou Fountain bayou to Gardere Lane, excluding the four hundred fifteen single family lots of the Hermitage subdivision and the eighty single family lots of Cross Creek subdivision as described on the subdivision plats filed with the East Baton Rouge Parish clerk of court.

C. Purpose. The purpose of the district shall be to aid in crime prevention by educating district stakeholders on concepts such as Crime Prevention Through Environmental Design (CPTED) and implementing programs such as or similar to Crime Free Multi-Housing (CFMH) and to operate in cooperation with any blight elimination team established in East Baton Rouge Parish and to add to the security of district residents by providing for an increase in the presence of law enforcement personnel or contracted security personnel in the district.

D. Definitions. For purposes of this Section the following terms, unless the context otherwise requires, shall have the meaning respectively ascribed to them in this Section:

(1) "Parcel" means:

(a) A lot, a subdivided portion of ground, or an individual tract used as a residential or commercial structure.

(b) A unit in a condominium, however, it does not mean a "condominium parcel" as defined in R.S. 9:1121.103.

(c) Each unit of a residential or commercial structure which contains four or more units.

(2) A "residential or commercial structure" means any such structure with three or less units.

E. Governance. (1) The district shall be governed by a board of commissioners consisting of eleven members as follows:

(a) The president of the GSRI Property Owners Association shall be an ex officio member.

(b) The board of directors of the GSRI Property Owners Association or its successor shall appoint four members.

(c) The member or members of the Louisiana House of Representatives who represent the area which comprises the district shall appoint one member.

(d) The member or members of the Louisiana Senate who represent the area which comprises the district shall appoint one member.

(e) The East Baton Rouge Parish assessor shall appoint one member.

(f) Any subdivision or condominium association recognized by the Greater Baton Rouge Federation of Civic Associations or its designated successor shall appoint one member. In the case of multiple associations qualifying the federation shall select the eligible association on a rotating basis.

(g) The mayor-president shall appoint one member.

(h) The council member or council members who represent the district shall appoint one member.

(2) All members of the board shall own property or be a registered voter within the district and at least two members shall reside within the district.

(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(g) and (h) of this Subsection shall be concurrent with the respective appointing authority.

(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall serve during his term of office as president of the GSRI Property Owners Association.

(c) The initial terms of office for the remaining members shall be one, two, three, or four years. Two members shall serve one year, two shall serve two years, two shall serve three years, and two shall serve four years as determined by lot at the first meeting of the board. Subsequent terms shall be four years. Vacancies resulting from the expiration of a term or any other reason shall be filled in the manner of the original appointment. Members shall be eligible for reappointment.

(4) The members of the board shall select from among themselves a president and such other officers as they deem appropriate. The terms and responsibilities of officers shall be as provided by the bylaws of the board.

(5) The members of the board shall serve without compensation and shall not receive reimbursement for expenses.

F. Powers and duties. The district, acting through its board of commissioners, shall have the following powers and duties:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To receive and expend funds collected pursuant to Subsection G and in accordance with a budget adopted as provided by Subsection H of this Section.

(4) To enter into contracts with individuals or entities, private or public, for the provision of security patrols or other programs in the district.

(5) To purchase items and supplies which the board deems instrumental to achieving the purpose of the district.

(6) To perform or have performed any other function or activity necessary for the achievement of the purpose of the district.

(7) To provide for police protection, jurisdiction over any facilities owned by the district, and may contract for such services with municipalities or parishes, or both, or with private enterprises within its jurisdiction.

G. Parcel fee. The governing authority of East Baton Rouge Parish is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:

(1) The amount of the fee shall be as requested by duly adopted resolution of the governing authority of the district; however, the fee shall not:

(a) Exceed one hundred dollars per parcel per year for each residential or commercial structure.

(b) Exceed twenty-five dollars per parcel per year for each unit in a condominium, or in a residential or commercial structure with four or more units.

(2)(a) The fee shall be imposed on each improved parcel located within the district.

(b) The owner of the parcel shall be responsible for payment of the fee.

(3)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting at a regularly scheduled primary or general election held for that purpose in accordance with the Louisiana Election Code. No other election shall be required except as provided by this Paragraph.

(b) The fee shall expire four years from its initial levy but may be renewed as provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed four years.

(4) In addition to all other means of collection, the district may collect the parcel fee by use of any means authorized by law for the collection of taxes. The district may submit to the assessor a certified list, either in hard or electronic form, reflecting the fee amounts due, the property upon which each amount is levied, and the last owner of record of such property. Upon receipt of such information, the assessor shall place the fee on the tax roll. If the list is received by the assessor on or before October fifteenth, then the fee shall be placed on the roll for the current year. If the list is received by the assessor after October fifteenth, then the fee shall be placed on the roll for the next tax year. Upon filing with the recorder of mortgages, the roll shall operate as a lien against all property against which the fee has been assessed as provided by Chapter 3 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950. All fee amounts reflected on the roll shall be subject to interest in the same manner as ad valorem taxes. The assessor shall be reimbursed in the same manner as provided in R.S. 47:1993.1(C), but the governing authority of the district shall not be required to pay such reimbursement in advance.

(5) District fee liens in East Baton Rouge Parish shall prime all other liens, mortgages, and privileges against the property, except those for prior recorded taxes and local and special assessments.

(6) The fee shall be collected at the same time and in the same manner as ad valorem taxes are collected by the sheriff, as ex officio tax collector, of East Baton Rouge Parish. The sheriff shall collect and remit to the district all amounts collected not more than sixty days after collection. He shall retain the same commissions as he receives for the collection of ad valorem taxes. Such means of collection shall include but are not limited to tax sales as provided for in Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950.

(7) Any parcel fee which is unpaid shall be added to the tax rolls of East Baton Rouge Parish, and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.

H. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and all amendments shall be submitted to the East Baton Rouge Metropolitan Council.

(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.

I. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the additional law enforcement and security personnel and their services provided for through the fees authorized herein shall be supplemental to and not in lieu of personnel and services provided in the district by the East Baton Rouge Parish Sheriff's Office or the Baton Rouge City Police.

(2) If the district ceases to exist, any funds of the district shall be transmitted to the governing authority of East Baton Rouge Parish and shall be used for law enforcement purposes in the district.

Acts 2004, No. 623, §1, eff. July 5, 2004; Acts 2009, No. 64, §1.
La. Rev. Stat. § 33:1892 — LA Code / Code revised-statutes / Title 33 / Section 1892
Merit award system; reduction to writing
Status: in_force

Prior to the granting of any awards, the governing body may formulate, adopt, establish, and maintain a plan to encourage and reward unusual and meritorious suggestions, actions, procedures, and accomplishments by its employees, which promote economy and efficiency in the performance of any function of the municipal government. The plan shall be reduced to writing and may be made available for inspection to all municipal employees.

Added by Acts 1979, No. 535, §1.
La. Rev. Stat. § 33:4811 — LA Code / Code revised-statutes / Title 33 / Section 4811
Ordering removal of remains of dead interred in residential area
Status: in_force

Whenever it appears to the police jury of any parish, that it is in the interest of the public health that the remains of any dead interred in any part of a residential subdivision of the parish, not within the limits of a municipality, should be removed from the area, it may, by an ordinance, adopted by a majority vote at any regular meeting, order the removal of the remains in the manner hereinafter set forth, provided that the area from which the removal is ordered is not a regularly dedicated cemetery, and provided, further, that there is no act of sale of record in the office of the clerk of court of the parish, transferring or dedicating the property for burial purposes.
La. Rev. Stat. § 33:4545.1 — LA Code / Code revised-statutes / Title 33 / Section 4545.1
Short Title
Status: in_force

This chapter shall be known and may be cited as the "State Power Authority Act".

Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
La. Rev. Stat. § 33:2929 — LA Code / Code revised-statutes / Title 33 / Section 2929
Security required; no charge for cashing checks and drafts
Status: in_force

A. The depositing authority requires as security for deposits belonging to and held in its custody:

(1) Bonds of the United States of America or any colonial possession thereof; or bonds of the State of Louisiana or bonds of the municipality in which the fiscal agent banks are located, or bonds of the levee board or school board in which the fiscal agent banks are located, or bonds of the board of commissioners of the Port of New Orleans, or

(2) Promissory notes, warrants, or certificates of indebtedness, of the depositing authority letting such deposits or any other depositing authority referred to in R.S. 33:2928, which notes, warrants, or certificates of indebtedness must be either unmatured or payable on demand.

B. Bonds or other securities in default, either in principal or interest, shall not be accepted or held by any of the depositing authorities.

C. The par value of the securities held by any depositing authority shall at all times be equal to one hundred per cent of the amount on deposit to the credit of the depositing authority.

D. No funds in excess of the capital stock and declared surplus of any bank shall be deposited in any depository. A depositing authority may grant any designated depository a period not exceeding ten days from date of any deposit in which to post the security required under paragraph C of this Section.

E. All banks selected as fiscal agents or depositories for the deposit of funds belonging to cities having a population exceeding one hundred fifty thousand or any department, board, commission, or institution thereof, shall cash without charge and receive on deposit at par all checks and drafts drawn by them or in their favor.
La. Rev. Stat. § 33:4773 — LA Code / Code revised-statutes / Title 33 / Section 4773
Scope of building codes
Status: in_force

A. The provisions of any building code shall supplement any and all laws of the state of Louisiana relating to buildings, structures, and improvements to immovable property. If the provisions of a building code adopted by a political subdivision are more stringent than such state laws or require additional standards of competency and proficiency for licenses or inspection personnel, the more restrictive standards shall govern within the area under the jurisdiction of the political subdivision.

B. The provisions of any building code may be divided and classified into a number of segments as determined by the political subdivision, including but not limited to building, mechanical, electrical, plumbing, or fire prevention codes, or by such other titles as are deemed proper by the political subdivision.

C. Nothing contained in this Subpart or in any building code shall be construed as depriving, nullifying, or divesting appropriate federal, state, or local agencies of the authority or power to make inspections or enforce laws or regulations within their respective areas of jurisdiction or as waiving any additional requirements by such agencies.

D. In connection with the construction of any building, structure, or other improvement to immovable property, neither the performance of any enforcement procedure nor any provision of a building code shall constitute or be construed as a warranty or guarantee by an enforcement agency as to durability or fitness, or as a warranty or guarantee by an enforcement agency that said building, structure, or other improvement to immovable property or any material, equipment, or method or type of construction used therein is or will be free from defects, will perform in a particular manner, is fit for a particular purpose, or will last in any particular way.

E. The Louisiana Department of Transportation and Development shall be exempt from the provisions of building codes of political subdivisions in connection with the installation or repair of any traffic signs or signals located on state property.

Acts 1987, No. 648, §1, eff. July 9, 1987; Acts 1992, No. 276, §1; Acts 2005, 1st Ex. Sess., No. 12, §1, eff. Nov. 29, 2005.
La. Rev. Stat. § 33:4576 — LA Code / Code revised-statutes / Title 33 / Section 4576
West Calcasieu Parish Community Center Authority; creation; jurisdiction; purposes; board; powers
Status: in_force

A. The West Calcasieu Parish Community Center Authority, referred to in this Section as "the authority", is hereby created. The authority is a political subdivision of the state as defined in the Constitution of Louisiana. The purpose of the authority shall be to build, maintain, and operate a rodeo arena, sports complex, or community center within the boundaries of Wards 4, 5, 6, and 7 of Calcasieu Parish.

B.(1) The authority shall consist of seven members. The members of the authority shall serve without compensation.

(2) The members shall be appointed as follows:

(a) One member shall be appointed by the governing authority of the city of Sulphur.

(b) One member shall be appointed by the governing authority of the city of Westlake.

(c) One member shall be appointed by the governing authority of the city of DeQuincy.

(d) One member shall be appointed by the governing authority of the town of Vinton.

(e) One member shall be appointed by the governing authority of Calcasieu Parish who shall be a resident of Ward 4, 5, 6, or 7 of Calcasieu Parish and shall be appointed so as to provide representation of any such ward not otherwise represented on the authority.

(f) One member who resides in Ward 4, 5, 6, or 7 of Calcasieu Parish shall be appointed by the member of the House of Representatives whose district comprises at least eighty percent of the voting populations of Wards 4, 5, 6, and 7 combined.

(g) One member who resides in Ward 4, 5, 6, or 7 of Calcasieu Parish shall be appointed by the member of the Senate whose district comprises at least eighty percent of the voting populations of Wards 4, 5, 6, and 7 combined.

(3)(a) Beginning on January 1, 2003, terms of members appointed pursuant to Paragraph (2) of this Subsection shall be three years except that: the members appointed pursuant to Subparagraphs (a) and (b) shall serve an initial term of one year; members appointed pursuant to Subparagraphs (c), (d), and (e) shall serve initial terms of two years; and the remaining members shall serve initial terms of three years.

(b) Any member may be removed by the appointing authority solely at its discretion.

(4) A vacancy in the membership of the authority shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

(5) The authority shall maintain suitable offices and may contract with, employ, and fix the compensation and terms of employment of attorneys, clerks, or any other agents or employees.

(6) The authority shall elect from its membership a chairman and may elect other officers as deemed necessary for the efficient operation of the affairs of the authority. The authority shall meet at least quarterly each calendar year on the call of the chairman. Meetings shall also be held on the request of at least three members of the authority. The chairman shall give seven days' notice to the members of the authority of the time and place where regular or special meetings will be held.

C. The authority shall have the following powers and duties:

(1) To enter into contracts for the sale, lease, or exchange of property of or for the authority.

(2) To enter into joint venture agreements with any special district, political subdivision, or local governmental unit of the state.

(3) To accept donations of money or property for use to accomplish the authority's purposes from public or private sources.

(4) To fix, maintain, collect, and revise rates, charges, and rentals for the use of authority facilities and services.

(5) To repair, maintain, and operate authority facilities.

(6) To contract with any public or private entities for the maintenance and operation of property owned or operated by the authority.

(7) To do any and all things necessary to carry out the purposes of the authority.

Acts 1992, No. 35, §1, eff. May 29, 1992; Acts 1999, No. 1035, §1, eff. July 9, 1999; Acts 2009, No. 53, §1, eff. June 16, 2009.
La. Rev. Stat. § 33:1261.4 — LA Code / Code revised-statutes / Title 33 / Section 1261.4
Director
Status: in_force

The board of commissioners shall appoint a director of the ambulance service district who has had experience in the field of administration and is familiar with the principles and methods of medical care or who in the opinion of the board of commissioners has held a responsible position in the area of management. The director shall serve as secretary-treasurer of the board. He shall furnish a surety bond in a sum equal to the amount of taxes collected annually in the district. The premium on this bond shall be paid by the board out of the funds of the district. The director shall assume full responsibilities as director of the district, shall receive a salary fixed by the board, and shall serve at the pleasure of the board.

Added by Acts 1982, No. 39, §1.
La. Rev. Stat. § 33:130.767 — LA Code / Code revised-statutes / Title 33 / Section 130.767
Funding sources; ad valorem tax; borrowing money
Status: in_force

A.(1) The board may levy annually an ad valorem tax on all property located within the boundaries of the authority, provided that the amount, term, and purpose of said tax, as set out in a proposition submitted to a vote in accordance with the Louisiana Election Code, shall be approved by a majority of the qualified electors voting on the proposition in a special election held for that purpose.

(2) Prior to the levying of any tax authorized by Paragraph (1) of this Subsection, the board shall request and receive approval to levy such tax from the Iberia Parish Council.

B. All funds derived under this Section may be used for any expenses or purposes of the authority. The board of commissioners may establish and maintain other special accounts as it may deem necessary.

Acts 2008, No. 918, §1.
La. Rev. Stat. § 33:140.50.35 — LA Code / Code revised-statutes / Title 33 / Section 140.50.35
Existing zoning ordinances
Status: in_force

Zoning ordinances of the town shall continue in effect until amended or repealed by ordinances enacted pursuant to the provisions of this Subpart.

Acts 2019, No. 75, §1.
La. Rev. Stat. § 33:4545.6 — LA Code / Code revised-statutes / Title 33 / Section 4545.6
Operating committee; powers and duties; terms
Status: in_force

A. The directors of the Authority may create an operating committee for the board of directors. The board of directors may provide for the composition of the operating committee so as to afford, in its judgment, fair representation of the participating municipalities directly interested in the affairs or operations of the Authority or facilities owned or operated by the Authority. The operating committee shall have and shall exercise such of the powers and authority as shall be prescribed and delegated in the Authority's by-laws, rules or resolutions. The terms of office of the persons serving on the operating committee and the method of filling vacancies therein shall be prescribed in the Authority's by-laws, rules or resolutions.

B.(1) Notwithstanding any provision of law to the contrary, with respect to the Louisiana Energy and Power Authority Unit 1, there shall be created a Louisiana Energy and Power Authority Unit 1 participants committee comprised solely of those municipalities that are contracted through a power sales agreement to take power from the Louisiana Power and Energy Authority Unit 1.

(2) The Louisiana Energy and Power Authority Unit 1 participants committee shall have sole authority to decide all matters related to such unit and such authority shall be executed pursuant to a majority vote of the members of the Louisiana Energy and Power Authority Unit 1 participants committee.

Added by Acts 1979, No. 772, §1, eff. July 20, 1979; Acts 2018, No. 138, §1.
La. Rev. Stat. § 33:3429 — LA Code / Code revised-statutes / Title 33 / Section 3429
Contribution by municipality
Status: in_force

The governing authorities may contribute or appropriate out of any available funds a portion not exceeding one-third of the cost of any improvement undertaken under the provisions of this Sub-part, in which event the balance of the entire cost shall be assessed against and borne by abutting property owners in the manner hereinbefore indicated.
La. Rev. Stat. § 33:3494 — LA Code / Code revised-statutes / Title 33 / Section 3494
Specifications for planting trees; approval or installation of trees by park commission
Status: in_force

If the improvement involves the planting of trees, the petition of the property owners shall specify the kind and character of trees, and if there be a park commission in the municipality the park commission shall approve the kind and character of trees to be planted before the governing authority shall receive and act on the petition. The park commission may install the trees provided that the cost to the property owners will be less than the cost of installation under contract bids.
La. Rev. Stat. § 33:2567 — LA Code / Code revised-statutes / Title 33 / Section 2567
Penalties
Status: in_force

Whoever wilfully violates any provision of this Part or of the rules thereby authorized shall be fined not more than five hundred dollars and shall, for a period of six years, be ineligible for appointment to or employment in any position of the classified service. If the offender is an officer or employee of the classified service, he shall forfeit his office or position.

Acts 1964, No. 282, §1.
La. Rev. Stat. § 33:4600.4 — LA Code / Code revised-statutes / Title 33 / Section 4600.4
Initiation of proceedings; petition
Status: in_force

A.(1) A tourist commission may initiate proceedings to form a tourism recovery and improvement district upon the written petition of the owners or authorized representatives of the owners or authorized representatives of businesses in the district, signed by either of the following:

(a) The business owners in the proposed tourism recovery and improvement district who will pay more than sixty-seven percent of the assessments proposed to be levied.

(b) More than sixty-seven percent of the total assessed businesses by number.

(2) In the case of a petition weighted by the amount of assessment proposed to be levied as described in Subparagraph (1)(a) of this Subsection, the amount of assessment attributable to a business owned by the same business owner that is in excess of fifty percent of the amount of all assessments proposed to be levied, shall not exceed the value of fifty percent in determining whether the petition is signed by business owners who will pay more than sixty-seven percent of the total amount of assessments proposed to be levied.

B. The petition of business owners required in Subsection A of this Section shall include a summary of the management plan. That summary shall include all of the following:

(1) A map showing the boundaries of the tourism recovery and improvement district.

(2) Information specifying where the complete management plan can be obtained.

(3) Information specifying that the complete management plan shall be furnished upon request.

(4) All signatures on petitions shall be accompanied by a self-affirmation in the manner provided in R.S. 33:4600.5.

Acts 2021, No. 319, §1, eff. June 15, 2021.
La. Rev. Stat. § 33:9091.28 — LA Code / Code revised-statutes / Title 33 / Section 9091.28
Castle Manor Improvement District
Status: in_force

A. Creation. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate known as the Castle Manor Improvement District, referred to in this Section as the "district". The district is a political subdivision of the state as defined in the Constitution of Louisiana.

B. Boundaries. The district is comprised of all property included within the following perimeter: Cerise Avenue, the south side of Chef Menteur Highway, Gawain Drive, and the north side of Dwyer Road canal.

C. Purpose. The district is established for the primary objects and purposes of promoting and encouraging the beautification and security of the district.

D. Governance. (1) The district shall be managed by a seven-member board of commissioners, referred to in this Section as the "board". The board shall be composed as follows:

(a) The president of the Castle Manor Improvement Association.

(b) The governing board of the Castle Manor Improvement Association shall appoint two members.

(c) Each of the following shall appoint one member from a list of nominees submitted by the Castle Manor Improvement Association:

(i) The mayor of the city of New Orleans.

(ii) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district.

(iii) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district.

(iv) The member of the governing authority of the city of New Orleans whose council district encompasses all or the greater portion of the area of the district.

(2) All members of the board shall be residents and qualified voters of the district.

(3)(a) Board members serving pursuant to Subparagraphs (1)(b) and (c) of this Subsection shall serve four-year terms after initial terms as follows: one member shall serve an initial term of one year; two shall serve two years; two shall serve three years; and one shall serve four years, as determined by lot at the first meeting of the board.

(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall serve during his term of office as president of the Castle Manor Improvement Association.

(c) Any vacancy which occurs prior to the expiration of a term shall be filled for the remainder of the unexpired term by the governing board of the Castle Manor Improvement Association. Board members are eligible for reappointment.

(4) The board shall elect from its members a chairman, a vice chairman, a secretary, a treasurer, and other officers as it deems necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.

(5) The secretary or the treasurer of the board shall maintain the minute books and archives of the district. The monies, funds, and accounts of the district shall be in the official custody of the board.

(6) The board may adopt rules and regulations for conducting its business affairs. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including laws relative to open meetings. The board shall hold regular meetings and may hold special meetings at times and places within the district as prescribed in the bylaws.

(7) A majority of the members of the board constitutes a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretary of the board to residents of the district.

(8) The members of the board shall serve without compensation but shall be reimbursed for reasonable out-of-pocket expenses directly related to the governance of the district.

(9) Each member of the board has one vote. The vote of a majority of the members of the board present and voting, a quorum being present, is required to decide any question upon which the board takes action.

E. Powers and duties. The district, acting through its board, shall have the following powers and duties:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To receive and expend funds collected pursuant to Subsections F and G of this Section and in accordance with a budget adopted as provided by Subsection H of this Section.

(4) To enter into contracts with individuals or entities, private or public.

(5) To provide or enhance security patrols in the district and to provide for improved lighting, signage, or matters relating to the security and beautification of the district.

(6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts.

(7) To provide for services and make expenditures as the board deems proper for the upkeep and beautification of the district.

(8) To acquire or lease items and supplies that the board deems instrumental to achieving the purposes of the district.

(9) To procure and maintain liability insurance against any personal or legal liability of a board member that may be asserted or incurred based upon his service as a member of the board or that may arise as a result of his actions taken within the scope and discharge of his duties as a member of the board.

(10) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district or for the overall betterment of the district.

F. Parcel fee. The governing authority of the city of New Orleans may impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:

(1) The amount of the fee shall be as requested by duly adopted resolution of the board. The fee shall not exceed the following amounts:

(a) For parcels zoned residential, one hundred dollars per parcel per year for the first three years that the fee is collected and one hundred twenty-five dollars per parcel per year for the next two years of collection.

(b) For parcels zoned commercial, two hundred dollars per parcel per year for the first three years that the fee is collected and two hundred twenty-five dollars per parcel per year for the next two years of collection.

(2)(a) The fee shall be imposed on each parcel located within the district except a parcel whose owner qualifies for the special assessment level pursuant to Article VII, Section 18(G)(1) of the Constitution of Louisiana.

(b) For purposes of this Section, "parcel" means a lot, a subdivided portion of ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103.

(c) The owner of each parcel is responsible for payment of the fee.

(3)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code.

(b) The initial term for the imposition of the parcel fee is five years, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the amount of the fee shall not exceed one hundred twenty-five dollars per parcel per year for residential parcels and two hundred twenty-five dollars per parcel per year for commercial parcels. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed five years. If the fee is not renewed, the district shall cease to exist.

(4) The fee shall be collected at the same time and in the same manner as city ad valorem taxes are collected.

(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.

(6)(a) The city of New Orleans shall remit to the district all amounts collected not more than sixty days after collection.

(b) The district shall use the proceeds of the fee solely and exclusively for the purpose and benefit of the district; however, the city may retain one percent of the amount collected as a collection fee.

G. Additional contributions. The district may solicit and accept additional voluntary contributions and grants to further the purposes of the district.

H. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq.

(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.

I. Miscellaneous provisions. (1) It is the purpose and intent of this Section that any additional security patrols, public or private, or any other security or other services or betterments provided by the district shall be supplemental to and not be in lieu of personnel and services to be provided in the district by the state or the city of New Orleans or their departments or agencies or by other political subdivisions.

(2) If the district ceases to exist, the board shall transmit all district funds to the city of New Orleans, and such funds, together with any other funds collected by the city of New Orleans pursuant to this Section, shall be maintained in a separate account by the city and shall be used only to promote, encourage, and enhance the security of the area included in the district.

J. Indemnification and exculpation. (1) The district shall indemnify its officers and board members to the fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit corporation governed thereby, and as provided in the district's bylaws.

(2) No board member or officer of the district is liable to the district or to any individual who resides, owns property, visits, or otherwise conducts business in the district for monetary damages for breach of his duties as a board member or officer; however, the foregoing provision does not eliminate or limit the liability of a board member or officer for any of the following:

(a) Acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.

(b) Any transaction from which the board member or officer derived an improper personal benefit.

(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S. 9:2792.1 through 2792.9, a person serving the district as a board member or officer shall not be held individually liable for any act or omission arising out of the performance of his duties.

Acts 2024, No. 202, §1.
La. Rev. Stat. § 33:130.278 — LA Code / Code revised-statutes / Title 33 / Section 130.278
Securities
Status: in_force

Bonds, certificates, or other evidences of indebtedness issued by the district under this Subpart are deemed to be securities of public entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, and may be refunded in accordance with the provisions of Chapters 14-A and 15 of Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as short-term revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana Revised Statutes of 1950.

Acts 1989, No. 775, §1, eff. July 9, 1989.
La. Rev. Stat. § 33:2482 — LA Code / Code revised-statutes / Title 33 / Section 2482
Right of employee who entered armed forces to be reinstated
Status: in_force

Any regular and permanent employee who left a position of the departmental service, which now comes within the classified service, subsequent to May 1, 1940, and entered the armed forces of the United States shall be restored to his position and, thereafter, be subject to the rights and jurisdiction of the classified service created by this Part if he makes application therefor to the appointing authority within sixty days from the date of his honorable discharge or discharge under honorable conditions, and is physically and mentally capable of performing the work of his position to the satisfaction of the appointing authority.
La. Rev. Stat. § 33:9091.15 — LA Code / Code revised-statutes / Title 33 / Section 9091.15
Oak Island Neighborhood Improvement District
Status: in_force

A. Creation. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Oak Island Neighborhood Improvement District, referred to in this Section as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

B. Boundaries. The boundaries of the district shall be that area within and including the following perimeter streets and avenues: Michoud Blvd., from Adventure Dr. to Expedition Dr. (both sides), to Explorer Ave., to Voyageur Dr. and Voyageur Ct. (both sides), to Horizon Dr. (both sides) to Pierre Ct. (both sides). Also Michoud Blvd; to W. Cavelier Dr. (both sides), to Trapper Ct. (both sides), to St. Marie Ct. (both sides) and N. Cavelier Dr. (both sides).

C. Purpose. The district is established for the purpose of promoting and encouraging security in the area included within the district and promoting and encouraging the beautification and overall betterment of the district.

D. Governance. (1) The district shall be governed by a seven-member board of commissioners, referred to in this Section as the "commission". The president of the Oak Island Neighborhood Association or his designee shall serve as a member and six additional members shall be appointed by the board of directors of the Oak Island Neighborhood Association.

(2) All commissioners shall be residents of the district.

(3)(a) Commissioners appointed by the board of directors of the Oak Island Neighborhood Association shall serve two-year terms.

(b) The president of the Oak Island Neighborhood Association or his designee shall serve during his term of office.

(c) Any vacancy which occurs prior to the expiration of the terms for a commissioner shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Commissioners shall be eligible for reappointment.

(4) The commission shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board.

(5) The minute books and archives of the district shall be maintained by the secretary-treasurer of the commission. The monies, funds, and accounts of the district shall be in the official custody of the commission.

(6) The commission shall adopt such rules, regulations, and bylaws as it deems necessary or advisable for conducting its business affairs. Rules and regulations of the commission relative to the notice and conduct of meetings shall conform to applicable law, including R.S. 42:11 et seq., relative to open meetings. The commission shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws.

(7) A majority of the members of the commission shall constitute a quorum for the transaction of business. The commission shall keep minutes of all meetings and shall make them available through the secretary-treasurer of the commission.

(8) Each member of the commission shall have one vote, and the vote of a majority of the members of the commission present and voting, a quorum being present, shall be required to decide any question upon which the commission takes action.

(9) The members of the commission shall serve without compensation but shall be reimbursed for their reasonable out-of-pocket expenses directly related to the governance of the district.

E. Powers and duties. The district, acting through its commission, shall have the following powers and duties:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection H of this Section.

(4) To enter into contracts with individuals or entities, private or public.

(5) To provide or enhance security patrols in the district, to provide for improved lighting, signage, or matters relating to the security of the district, to provide for the beautification of and improvements for the district, or to provide generally for the overall betterment of the district.

(6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts.

(7) To provide for such services and make such expenditures as the board deems proper for the upkeep of the district.

(8) To acquire or lease items and supplies which the board deems instrumental to achieving the purposes of the district.

(9) To acquire, lease, insure, and sell real property within the boundaries of the district in accordance with district plans.

(10) To procure and maintain liability insurance against any personal or legal liability of a commissioner that may be asserted or incurred based upon his service as a member of the commission or that may arise as a result of his actions taken within the scope and discharge of his duties as a member of the commission.

(11) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district or for the overall betterment of the district.

F. Parcel fee. The governing authority of the city of New Orleans is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection.

(1) The amount of the fee shall be as requested by duly adopted resolution of the commission. The fee shall be a flat fee per improved parcel of land not to exceed one hundred fifty dollars per year for each improved parcel for calendar year 2015; however, the maximum may be increased by twenty-five dollars per year for each calendar year after 2015.

(2) The fee shall be imposed on each improved parcel located within the district except as provided in Paragraph (4) of this Subsection.

(a) For purposes of this Section, "parcel" means a lot, a subdivided portion of ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103.

(b) The owner of each parcel shall be responsible for payment of the fee.

(3)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. No less than thirty days prior to any election held to approve such parcel fee, the board of commissioners shall mail notification of the upcoming election to each registered voter of the district and to the owner of a parcel located in the district if the owner is not a registered voter of the district. The amount of the fee may be changed by duly adopted resolution of the commission, not to exceed the maximum amount authorized as provided in this Subsection. No other election shall be required except as provided by this Paragraph.

(b) The initial election on the question of the imposition of the fee shall be held at the same time as a regularly scheduled election in the city of New Orleans.

(c) If approved, the fee shall expire ten years after its levy, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed ten years.

(4) No fee shall be imposed upon any parcel whose owner qualified for the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.

(5) The fee shall be collected at the same time and in the same manner as ad valorem taxes on property subject to taxation by the city are collected.

(6) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.

(7)(a) The proceeds of the fee shall be used solely and exclusively for the purpose and benefit of the district; however, the city may retain one percent of the amount collected as a collection fee.

(b) The city of New Orleans shall remit to the district all amounts collected not more than sixty days after collection.

G. Additional contributions. The district is authorized to solicit and accept additional voluntary contributions and grants to further the purposes of the district.

H. Budget. (1) The commission shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.

(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.

I. Miscellaneous. It is the purpose and intent of this Section that any additional security patrols, public or private, or any other security or other services or betterments provided by the district shall be supplemental to and not be in lieu of personnel and services to be provided in the district by the state or the city of New Orleans or their departments or agencies or by other political subdivisions.

J. Dissolution. (1) The district may be dissolved without the vote of the registered voters of the district if a majority of the area covered by the district becomes included in another district that serves similar purposes but includes additional parcels of property adjacent to the district, if approved by the affirmative vote of not less than five members of the commission. If the district is dissolved in accordance with this Paragraph, the funds of the district that relate to the portion of the district that is included in the new district, together with any other funds collected by the city of New Orleans pursuant to this Section that relate to such portion of the district, shall be transferred to the new district to be used for purposes of the new district. The remaining portion of funds, if any, shall be transmitted by the commission to the city of New Orleans and such funds shall be used only for law enforcement, security, improvement, and beautification purposes of the area that was formerly within the district but is not included in the new district.

(2) If the district is dissolved pursuant to Paragraph (1) of this Subsection, the authority for the imposition of the parcel fee provided in Subsection F of this Section shall cease.

K. Indemnification and exculpation. (1) The district shall indemnify its officers and commissioners to the fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit corporation governed thereby, and as may be provided in the district's bylaws.

(2) No commissioner or officer of the district shall be liable to the district or to any individual who resides, owns property, visits, or otherwise conducts business in the district for monetary damages for breach of his duties as a commissioner or officer, provided that the foregoing provision shall not eliminate or limit the liability of a commissioner or officer for any of the following:

(a) Acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.

(b) Any transaction from which he derived an improper personal benefit.

(3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S. 9:2792.1 through 2792.9, a person serving the district as a commissioner or officer shall not be individually liable for any act or omission arising out of the performance of his duties.

Acts 2009, No. 395, §1; Acts 2010, No. 430, §1, eff. July 1, 2010; Acts 2014, No. 474, §1, eff. June 4, 2014; Acts 2015, No. 247, §1, eff. June 29, 2015.
La. Rev. Stat. § 33:441.27 — LA Code / Code revised-statutes / Title 33 / Section 441.27
City of New Roads; appointment of court magistrate; duties
Status: in_force

The mayor of the city of New Roads may, from time to time when he deems it necessary and advisable, appoint an attorney, who shall be designated as court magistrate and who shall serve at the pleasure of 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 magistrate shall serve at a salary fixed and paid by the mayor and councilmen of the city of New Roads.

Acts 1986, No. 57, §1.
La. Rev. Stat. § 33:1373 — LA Code / Code revised-statutes / Title 33 / Section 1373
Enforcement of health, safety, and welfare ordinances in Jefferson Parish and Orleans Parish
Status: in_force

A. In addition to the authority for criminal prosecutions provided in R.S. 14:107.3 and other authority provided by law or home rule charter for civil enforcement of health, safety, and welfare ordinances, including but not limited to the authority provided in R.S. 13:2575, 2575.1, and 2576 for administrative adjudication for violations of public health, housing, fire code, environmental, building code, zoning, historic district, permitting, vegetation, and nuisance ordinance, in Jefferson Parish and Orleans Parish the public authority may enforce health, safety, and welfare statutes or ordinances or otherwise seek to eliminate blighted property, unsafe structures and equipment, unlawful structures and structures unfit for human occupancy, housing violations, or public nuisances in any court of competent jurisdiction in accordance with this Section.

B. The following terms, whenever used or referred to in any proceedings pursuant to this Section or in R.S. 13:2575, 2575.1, and 2576 shall have the following respective meanings, unless a different meaning clearly appears from the context:

(1) "Blighted property" means commercial or residential premises, including lots, which are vacant, uninhabitable, and hazardous and because of their physical condition, are considered hazardous to persons or property, or have been declared or certified blighted, and have been declared to be a public nuisance by a court of competent jurisdiction or by an administrative hearing officer acting pursuant to competent jurisdiction or by an administrative hearing officer acting pursuant to R.S. 13:2575 et seq., or any other applicable law.

(2) "Deleterious premises" means any property, including any yard, garden, outhouses, accessory structures and appurtenances belonging thereto, upon which is located any structure which is deemed an "unsafe structure", an "unlawful structure", a "structure unfit for human occupancy", or a structure that contains "unsafe equipment" or "housing violations", or is otherwise defined as "blighted property", or a "public nuisance".

(3) "Housing violations" means those conditions in privately owned structures which contravene the provisions of state statute or local ordinances and are determined to constitute a threat or danger to the public health, safety, and welfare or to the environment by a court of competent jurisdiction or by an administrative hearing officer acting pursuant to R.S. 13:2575 et seq., or any other applicable law.

(4) "Owner" means the holder of the title or a mortgagee of premises, whose interest is shown on the public record, or any person who is in possession of premises, or in control of the premises, including a tenant or the agent of any such person.

(5) "Parties in interest" means a person(s) who has an interest in premises as shown on the public record or who is in possession of premises or in control of the premises, including a tenant or the agent of any such person.

(6) "Public authority" means state or local government or any department, agency or branch thereof charged with the enforcement of health, fire, permitting, or building regulations, or otherwise charged with the regulation of activities concerning property maintenance.

(7) "Public nuisance" means any garage, shed, barn, house, building, or structure, that by reason of the condition in which it is permitted to remain, may endanger the health, life, limb, or property of any person, or cause any hurt, harm, damages, injury, or loss to any person in any one or more of the following conditions:

(a) The property is dilapidated, decayed, unsafe, or unsanitary, is detrimental to health, morals, safety, public welfare and the well-being of the community, endangers life or property, or is conducive to ill health, delinquency and crime.

(b) The property is a fire hazard.

(c) The conditions present on the property and its surrounding grounds are not reasonably or adequately maintained, thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use and enjoyment to such an extent that it is harmful to the public health, welfare, morals, safety and the economic stability of the area, community, or neighborhood in which such public nuisance is located.

(8) "Public officer" means any officer, public officer, public employee, or agent authorized by the state or local government to exercise the powers prescribed in the laws and ordinances governed by the provisions of this Section.

(9) "Unfit for human occupancy structure" means any structure which is an unsafe structure, an unlawful structure or otherwise is in such a degree of disrepair, lack of maintenance, is unsanitary, vermin or rat infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by state statue or local ordinances, or because of the location of the structure constitutes a hazard to the occupants of the structure or to the public.

(10) "Unlawful structure" means any structure, in whole or in part, that is occupied by more persons than permitted under state statute or local ordinances or was erected, altered or occupied contrary to state statute or local ordinances.

(11) "Unsafe equipment" means any unsafe equipment, including but not limited to any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within a structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

(12) "Unsafe structure" means a structure that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing the minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or because such structure is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that a partial or complete collapse is possible.

C. Local ordinances in Jefferson Parish and Orleans Parish may authorize public officers to exercise any powers necessary or convenient to carry out and effectuate the purposes and provisions of ordinances governed by this Section. Additionally, public officers shall have the authority pursuant to this Section to:

(1) Investigate the conditions of premises to determine whether said premises are unfit for human habitation and to request and obtain search warrants for entry if necessary.

(2) Obtain and receive evidence.

(3) Enter upon any premises for the purpose of making examinations provided the entries are made in such manner as to cause the least possible inconvenience to the persons in possession.

D. Any civil judicial proceeding instituted in accordance with this Section that is on the environmental docket of the Twenty-Fourth Judicial District Court or the Civil District Court for the parish of Orleans, or the successor to such court, or the Municipal Court of New Orleans, may be heard by summary proceeding and the public authority shall bear the burden of proof by a preponderance of the evidence in an action instituted pursuant to this Part.

E. The court may order remedial action be taken, including but not limited to repair of the premises to appropriate standards, securing premises from entry by others, and demolition of any unsafe structures unfit for human occupancy. The court may accept all credible evidence regarding the valuation of the premises, including but not limited to the tax assessment value.

F.(1) Jefferson Parish may bring an action in rem in addition to or in lieu of civil in personam procedures in the event of the following circumstances relative to any deleterious premises and its record owner:

(a) The owner is a not a resident of the state; or

(b) The residence of the owner is unknown; or

(c) It is unknown whether the owner is living or deceased; or

(d) It is known that the owner is deceased.

(2) If the parish takes an action as provided in Paragraph (1) of this Subsection when it is known that the owner is deceased, that no succession representative has been appointed, and that his heirs and legatees have not been sent into possession judicially, the court shall appoint a curator ad hoc as provided in Paragraph (3) who shall open the succession.

(3) If the parish takes an action as provided in Paragraph (1) of this Subsection, the court, in accordance with Code of Civil Procedure Article 5091, shall appoint a curator ad hoc to represent the defendant and upon whom service of the petition and citation shall be made. Such curator shall receive for his services a fee to be fixed by the court, the same to be taxed as costs of suit.

(4) The petition and citation in all proceedings provided for in this Subsection shall be served as in ordinary suits.

G.(1) An appeal from a final judgment rendered pursuant to this Section may be taken only within ten days from the date of the judgment or from the day after the clerk has mailed, or the sheriff has served, whichever is later, the notice of judgment when such notice is necessary. However, a judgment shall not be suspended during the pendency of an appeal unless the court, in its discretion, orders a suspension.

(2) The delay for applying for a new trial shall be three days commencing from the date of the judgment or from the day after the clerk has mailed, or the sheriff has served, whichever is later, the notice of judgment when such notice is necessary. When an application for new trial is timely filed, the delay for appeal commences on the day after the motion is denied, or from the day after the clerk has mailed, or the sheriff has served, whichever is later, the notice of the order denying a new trial, when such notice is necessary.

(3) When an appeal is taken, the trial court shall give notice of the order of appeal to the appellate court and to all the parties or their counsel of record. The trial judge shall fix the return day at a time not to exceed five days after application for appeal. The defendant who takes an appeal, prior to the return date, shall furnish bond in an amount determined by the court to secure the payment of costs and satisfaction of the judgment.

(4) The clerk of the trial court shall prepare the record on appeal and transmit it to the appellate court on the return day.

(5) Immediately upon receipt of the record, the appellate court shall notify the parties, and the case shall be heard no later than thirty days after the record is lodged. Judgment shall be rendered within five days after the case is argued. The court of appeal shall indicate the date and time rendered on the judgment and shall immediately notify all parties or their counsel of record by telephone or facsimile transmission of the judgment.

(6) An application to the supreme court for a writ of certiorari shall be made within five days after judgment is rendered by the court of appeal.

H.(1) The violation of any judgment, order, or decree issued in accordance with this Section shall constitute contempt of court, and any person who continues to maintain previously adjudicated blighted property, deleterious premises, public nuisances, or housing violations in accordance with this Section shall be declared in contempt of court.

(2) Any person found guilty of contempt of court in accordance with this Subsection shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both, for each offense. In addition, a judgment of contempt may order immediate remedial action in accordance with Subsection E of this Section.

Acts 2007, No. 277, §2, eff. July 6, 2007; Acts 2008, No. 587, §1, eff. June 30, 2008; Acts 2008, No. 627, §1, eff. July 1, 2008; Acts 2008, No. 736, §2, eff. July 3, 2008; Acts 2010, No. 472, §2; Acts 2014, No. 380, §1, eff. May 30, 2014.
La. Rev. Stat. § 33:4046 — LA Code / Code revised-statutes / Title 33 / Section 4046
Issuance of certificates of indebtedness; requisites of certificates; redemption; sewerage account
Status: in_force

The governing authority of the municipality or sewerage district, after the expiration of the ten days in which the owners may pay cash, shall issue certificates of indebtedness covering the remainder which may be due under any contract let. The governing authority may sell at one time to any bidder the entire amount of the certificates so authorized, or may offer, sell and deliver them in convenient instalments from time to time, and the said proceeds of the sale shall be used to liquidate the claim of any contractor having done the work accepted. The governing authority may, however, deliver to the contractor in liquidation of the contract, the certificates on the same basis as the same might have been sold. The certificates shall be engraved or printed and numbered, and entitled sewerage certificates of the particular municipality or sewerage district affected. They shall show on their face the year of their issuance, when they will be paid, and the annual rate of interest, which interest shall not be more than six per cent, and payable annually on each certificate at the maturity of the principal on any of the series, at the option of the governing body or under the terms of the contract entered into. They shall be signed by the mayor and city clerk of the municipality or the president and secretary of the sewerage district, as the case may be, and shall be issued in denominations of one hundred, five hundred or one thousand dollars. They shall not be sold for less than ninety-five per cent of their par value. Par value as used herein shall mean principal and interest accrued to date of delivery. The maturities of the certificates shall be fixed by the municipality or sewerage district with due regard to the period of maturities of assessments against the various property holders. The certificate shall contain the stipulation that no property holder shall be held liable for any assessment in excess of that actually due by his property, and that the payment of the assessment against his property shall free it from the lien and privilege provided.

The governing body of the municipality or sewerage district may, on the maturity dates of any of the series of certificates, redeem a greater amount of the certificates than those maturing, provided notice of its intention to do so has been published in the official journal once a week for fifteen days preceding the date of the maturity of any series. The certificates of indebtedness shall be the obligation of the municipality or sewerage district secured by the lien and privilege on the property affected, shall be payable to bearer, and are declared to be negotiable instruments, and shall be included in the securities that may be acceptable for deposit with the treasurer of the state of Louisiana in accordance with law.

The funds derived each year from the collection of instalments due by the various property holders, as well as the proceeds of the sale of any or all certificates shall remain a fund specially dedicated to the payment of the certificates. No municipality or sewerage district, or any officer thereof, shall use the fund for any purpose other than that of imputing payment to the certificates hereinabove provided for. Pending their disbursement for this purpose, the funds shall be deposited with the fiscal agent of the city or sewerage district, to the credit of a special account, to be known as "Sewerage Account," and whatever interest shall be earned thereon shall be credited to the fund. The municipality or sewerage district, through its officers, shall be the agent of the contractor for the collection of the instalments due, and the payment to the municipality or sewerage district will release the property holder from any further payment and entitle him to a receipt authorizing the cancellation of the lien and privilege recorded against the property, the property holder being in no wise liable beyond the assessment made against his own property.
La. Rev. Stat. § 33:2740.4 — LA Code / Code revised-statutes / Title 33 / Section 2740.4
City Council of the City of New Orleans; authority to levy certain taxes
Status: in_force

A. The City Council of the City of New Orleans is hereby authorized to levy a special tax not to exceed one dollar in each one-time admission ticket or other means of one-time admission to the Louisiana World Exposition of 1984, and a special tax not to exceed ten percent of the purchase price of each multiple admission ticket or other means of multiple admission to the Louisiana World Exposition of 1984.

B. The City Council is further authorized, subject to approval by a referendum vote in the city of New Orleans, to levy and collect within the boundaries of the Louisiana World Exposition site a sales and use tax at the rate of one per centum upon the sale at retail, the use, the lease or rental, consumption and the storage for use or consumption of tangible personal property and upon the sale of services, as defined in R.S. 47:301 through R.S. 47:317, inclusive, which sales and use tax shall begin on January 1, 1984 and terminate no later than December 31, 1984.

C. The state of Louisiana is hereby authorized to loan funds, not in excess of fifteen million dollars or the anticipated revenues of the tax authorized by Subsection A hereof when approved by the City Council and the anticipated revenues of the tax authorized by Subsection B hereof when approved by the City Council and the electorate, whichever is less, to the City of New Orleans and the City of New Orleans is hereby authorized to borrow from the state in accordance with the terms and provisions hereinafter set forth, such funds to be used within the City of New Orleans for public works, repairs, effectuation of services, and renovations related to the 1984 Louisiana World Exposition, to be secured by any taxes levied by the City Council pursuant to this Section. Repayment of any such loans shall be made no later than March 30, 1985. If the loan is not fully repaid by that date, the amount owed shall be deducted from the revenue sharing funds appropriated to Orleans Parish in each succeeding year until the outstanding balance of the loan is paid in full.

D. Notwithstanding any other provision of this Section to the contrary, any tax authorized herein shall be levied in accordance with all constitutional and statutory requirements relating to the levying of taxes.

Added by Acts 1981, Ex.Sess., No. 37, §1, eff. Nov. 19, 1981.
La. Rev. Stat. § 33:130.532 — LA Code / Code revised-statutes / Title 33 / Section 130.532
Board of commissioners; members; officers; employees
Status: in_force

A.(1) The district shall be governed by a board of commissioners consisting of seven voting members as provided by this Subsection. The initial term shall be two years. At the termination of the initial terms of office each term thereafter shall be for three years. A board member may succeed himself.

(2)(a) One member shall be appointed by the Hopkins Street Revitalization Association, Incorporated.

(b) One member shall be appointed by the Southwest Leadership Training and Development Association.

(c) One member shall be appointed by the Iberia Parish Chapter of the National Association for the Advancement of Colored People.

(d) The state representative, or his designee, from the state representative district that includes all or a majority of the Hopkins Street Economic Development District, shall be a member.

(e) The state senator, or his designee, from the state senate district that includes all or a majority of the Hopkins Street Economic Development District, shall be a member.

(f) The New Iberia City Council member representing city council district number two, or his designee, shall be a member.

(g) The New Iberia City Council member representing city council district number five, or his designee, shall be a member.

(h) The mayor of the city of New Iberia, or his designee, shall serve as a nonvoting member.

(3) Each appointee pursuant to Subparagraph (2)(a), (b), or (c) of this Subsection shall be submitted to the board of commissioners for confirmation.

(4) Appointees to the board of commissioners shall be submitted to the secretary-treasurer of the district within forty-five days after notification of a board vacancy. In the event that the entity responsible for the appointment of such member fails to provide the board of commissioners with an appointee for each such vacancy to be filled, within forty-five days of such vacancy, the board of commissioners shall appoint an interim successor to serve until the position is filled by the respective appointing entity as provided for in Paragraph (2) of this Subsection.

B. The members of the board of commissioners may receive reimbursement for expenses incurred in the performance of their duties hereunder; however, commissioners shall not receive per diem or be paid a salary for serving on the board.

C. Members of the board, individually, and members of their immediate family are prohibited from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the district.

D. The board of commissioners shall elect from among its own members a president, a vice president, a secretary, and a treasurer, whose duties shall be those usual to such offices. At the option of the board of commissioners, the offices of secretary and treasurer may be held by one person.

E. The board of commissioners shall meet in regular session every month and shall also meet in special session as often as the president of the board convenes them or on the written request of four members. Four members of the board of commissioners shall constitute a quorum.

F. The board of commissioners shall prescribe rules to govern its meetings. The board of commissioners may contract with and employ attorneys, clerks, engineers, deputy commissioners, a director, and other agents and employees and shall fix their compensation and terms of employment.

Acts 1995, No. 359, §2; Acts 2006, No. 509, §1, eff. June 22, 2006; Acts 2013, No. 142, §1.
La. Rev. Stat. § 33:4727.2 — LA Code / Code revised-statutes / Title 33 / Section 4727.2
City of Sulphur; zoning commission; powers of board of adjustment
Status: in_force

In addition to all other powers authorized by the provisions of this Subpart, the governing authority of the city of Sulphur may authorize the zoning commission of the city of Sulphur to exercise any or all powers, duties, and responsibilities which may be exercised by a board of adjustment pursuant to the provisions of R.S. 33:4727.

Acts 2014, No. 78, §1.
La. Rev. Stat. § 33:1972 — LA Code / Code revised-statutes / Title 33 / Section 1972
Fire districts; personnel; exception
Status: in_force

A. In all cities having a population of not less than thirty-five thousand and not more than two hundred and fifty thousand inhabitants, and in all parishes and fire protection districts, fire districts are hereby established within the fire departments. No more than four fire stations in service shall be included within each fire district.

B.(1) In each such fire department, an assistant or deputy fire chief shall be on active duty on an assigned shift at all times, shall have general supervision over all fire districts, and shall be under the supervision of the chief of the fire department.

(2) A district fire chief shall also be on active duty on an assigned shift at all times in each fire district, and shall be in charge of the district and under the supervision of the assistant or deputy fire chief.

C. Each assistant, deputy, or district fire chief to whom this Section is applicable shall work the same work schedule as all other fire fighting personnel under his command.

D. For the purposes of this Section, "active duty" shall mean the active performance of duties and shall not be construed to mean time during which an assistant, deputy, or district fire chief is away from his place of duty subject to call.

E. Repealed by Acts 1997, No. 1382, §3, eff. June 1, 2000.

Acts 1984, No. 536, §1, eff. Sept. 1, 1984; Acts 1988, No. 391, §1; Acts 1988, No. 392, §1; Acts 1988, No. 393, §1; Acts 1992, No. 158, §1; Acts 1997, No. 1382, §§1, 3 (§3 eff. June 1, 2000).
La. Rev. Stat. § 33:1236.20 — LA Code / Code revised-statutes / Title 33 / Section 1236.20
Liens for removal and securing dangerous structures; maintenance of property; interest; assistance of national guard; Iberia Parish
Status: in_force

A.(1) The governing authority of the parish of Iberia may:

(a) Adopt ordinances, rules, and regulations in order to secure or cause to be secured any building or other structure situated within the parish, which, by reason of its nature or condition, endangers the public welfare or safety.

(b) Adopt ordinances, rules, and regulations in order to condemn and cause to be demolished, removed, or both, any building or other structure situated within the parish, which by reason of its nature or condition, endangers the public welfare or safety.

(c) By ordinance provide a method for securing, or demolishing or removing, or both, buildings or structures, as well as a method of maintaining property in a sanitary condition including grass cutting, weed abatement, or trash and garbage removal, at the expense of the property owner.

(d) Adopt ordinances providing for fines for the failure of any property owner to comply with ordinances adopted pursuant to this Section.

(2) Ordinances adopted pursuant to this Section shall include a provision for notification of the owner or any other party in interest and an opportunity to be heard.

B.(1) Upon failure of the property owner to pay any fine levied as provided by ordinance or any costs incurred by the parish for securing, or demolition or removal, or both, of such structures, and for maintenance of property in a sanitary condition, the governing authority may file a certified copy of the order levying a fine or fines or a copy of an invoice reflecting the amount of such costs with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish against the property.

(2) In addition, the ordinances of the parish may provide for interest on costs incurred by the parish, which shall be paid prior to cancellation of the lien. The rate of interest shall not exceed the rate of legal interest, as provided in Civil Code Article 2924, and shall be computed from the date of recordation of the lien until paid or enforced.

(3) The lien obtained by the parish pursuant to this Section shall include not only the costs provided for in Subsection A of this Section but shall include all attorney's fees and all costs incurred in the locating of the owner, the notification of the owner, and the enforcement and collection of the amount secured by the lien.

(4) The parish's privilege and lien shall prime all other liens or privileges against the property filed after the notice to the owner is filed with the recorder of mortgages pursuant to this Section, regardless of the date on which the parish's lien and privilege is perfected, except that the parish's lien and privilege will not prime other tax liens against the property.

C.(1) After the parish has levied such fine or fines or incurred such costs as constitute the lien and privilege on the property, the tax assessor of the parish may add said amounts to the next ad valorem tax bill of the owner, and said amount shall be subject to the same interest and penalties as delinquent ad valorem taxes.

(2) If within six months after the filing of the lien provided for in Subsection B of this Section, the property owner fails to pay such lien and any interest thereon, the tax assessor of the parish shall have the authority to offer for sale and subsequently sell or otherwise convey such property. The procedure for notice, advertisement, and sale of the property shall be governed by the law applicable to the sale of real property for delinquent parish taxes. However, such notice shall be given at least one hundred twenty days prior to such sale by registered or certified mail, return receipt requested, by personal service, or by other means provided by law, to any person having legally protected property interests in such property, whose name and address can be reasonably ascertained, and to any person who has filed a request for notice as provided by Paragraph (3) of this Subsection.

(3)(a) Any person desiring to be notified in the event a specific, immovable property will be subject to post-adjudication sale may file a request for such notice in the mortgage records of the parish.

(b) The request for notice shall state the legal description of the immovable property and the name and address of the person desiring notice.

(c) The person desiring notice shall pay the sum of five dollars to the sheriff, for deposit to the sheriff's general fund, to defray the cost of providing the notice. However, in the event the request for notice established herein is combined with a request for notice of seizure governed by R.S. 13:3886, the person requesting notice shall pay the sheriff the simple fee established by law for the request for notice of seizure.

(4) Alternatively, the privilege and lien may be enforced in the district court pursuant to the Code of Civil Procedure, and may be enforced either against the subject property or against the owner personally by ordinary process and subsequent seizure and sale or garnishment of other movable or immovable property of the owner pursuant to the Code of Civil Procedure.

(5) The amount of any parish lien operating against the property and any interest accruing thereon may be canceled in whole or in part by the governing authority in order to facilitate the sale or disposition of the property for the unpaid lien.

D. For the purposes of this Section, the term "secured" shall mean the closing of the building or structure by means of placing or attaching boards or other materials over doors, windows, and other means of entrance in order to prohibit persons from entering the building or structure and in order to maintain it in its present condition without further damage to such building or structure or danger to the public welfare and safety.

E.(1) The governing authority may request and the adjutant general may assign, subject to the approval of the governor, national guard personnel and equipment to assist in the removal and demolition of condemned buildings, structures, or public nuisances. The provisions of this Subsection shall be applicable when the budget for the demolition and removal of condemned structures has been expended by the governing authority of the parish. However, the request must be accompanied by documentation that all procedural projections and substantive restraints have been adhered to by the governing authority.

(2) In the event all procedural projections and substantive restraints have been adhered to by the governing authority, the parish and its personnel and the national guard and its personnel shall not be liable to the owner of the building, structure, or public nuisance for any damages sustained resulting from the demolition of the building, structure, or public nuisance.

Acts 1994, 3rd Ex. Sess., No. 66, §2, eff. July 7, 1994; Acts 2011, 1 st Ex. Sess., No. 20, §1, eff. June 12, 2011.
La. Rev. Stat. § 33:9034.1 — LA Code / Code revised-statutes / Title 33 / Section 9034.1
Direct participation by local governmental subdivisions; Calcasieu Parish
Status: in_force

A local governmental subdivision, in Calcasieu Parish only, may by resolution or ordinance propose to carry out the purposes of this Chapter without the necessity of creating and organizing an economic development corporation. Any local governmental subdivision that proposes to carry out the purposes of this Chapter in such a manner shall have all of the powers, rights, duties, and obligations of such a corporation under this Chapter and may do any act or take any action which such a corporation is authorized to do under this Chapter.

Acts 1990, No. 96, §1.
La. Rev. Stat. § 33:140.30 — LA Code / Code revised-statutes / Title 33 / Section 140.30
Enforcement and remedies
Status: in_force

The city council may provide for the enforcement of any ordinance enacted under this Subpart. A violation of any such ordinance is hereby declared a misdemeanor. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building structure, or land is or is proposed to be used in violation of any ordinance enacted under this Subpart, the building inspector, permit and zoning clerk, municipal counsel, or other appropriate authority of the municipality, or any adjacent or neighboring property owner who would be specifically damaged by such violation, may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure, or land.

Acts 1962, No. 52, §30. Amended by Acts 1978, No. 211, §1, eff. June 29, 1978; Acts 2020, No. 294, §1, eff. Jan. 1, 2022.
La. Rev. Stat. § 33:4710.21 — LA Code / Code revised-statutes / Title 33 / Section 4710.21
Superdome; certain exhibits
Status: in_force

If an exhibition be suitable for and the exhibitor be willing to hold the exhibition in the Superdome, no contract for such exhibition in any facility of the authority shall be entered into without the prior approval of the operating management of the Superdome, which approval shall not be unreasonably withheld.

Acts 2019, No. 172, §1.
La. Rev. Stat. § 33:9669 — LA Code / Code revised-statutes / Title 33 / Section 9669
Prohibited conduct; additional remedies; contract defeat or voidability
Status: in_force

A. No person shall enter into a contract to act in a representative capacity for the purpose of lobbying and fail to register or fail to file a supplemental registration providing the name and address of the person by whom he is employed or engaged and, if different, whose interests he represents pursuant to such contract as required by this Chapter.

B. Any person who violates the provisions of Subsection A of this Section shall have engaged in a misrepresentation sufficient to defeat or void the contract such person entered into to act in a representative capacity for the purpose of lobbying. Any effort to register or to file a supplemental registration after any remedy or relief relative to such a violation is sought pursuant to any provision of law shall not be sufficient to reverse the misrepresentation.

C. The board shall afford any person accused of violating Subsection A of this Section a hearing in accordance with the provisions of Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950. If the board finds that a person violated the provisions of Subsection A of this Section, the board shall order that the contract entered into for the purpose of lobbying by such person is void and the provisions thereof unenforceable.

D. The provisions of this Section shall be in addition to any other applicable penalties or any other remedy or relief provided by law.

Acts 2010, No. 788, §2, eff. Jan. 1, 2011.
La. Rev. Stat. § 33:5092 — LA Code / Code revised-statutes / Title 33 / Section 5092
Definitions
Status: in_force

For the purposes of this Chapter, the following definitions shall apply:

(1) "Agricultural machinery" means any machine or equipment designed for agricultural use or landscaping that is used in accordance with traditional farm practices and is powered by an engine or a motor. The term "agricultural machinery" shall also include a leaf-blower that is used to blow leaves, dirt, or other debris off of sidewalks, driveways, lawns, or other surfaces.

(2) "Fishery equipment" means any equipment used in fisheries operations and generally accepted fisheries practices pursuant to R.S. 56:640.2. This term includes but is not limited to fish processing machines and machines used for marine, freshwater, and aquaculture species.

(3) "Fuel used in agricultural machinery" includes motor fuel as defined by R.S. 40:1842 and petroleum products as defined by R.S. 3:4602(14)(b). The term "fuel used in agricultural machinery" shall also include blended fuel, diesel fuel, and gasoline as defined by R.S. 47:818.2.

Acts 2024, No. 195, §1.
La. Rev. Stat. § 33:9047 — LA Code / Code revised-statutes / Title 33 / Section 9047
District to constitute body corporate; powers
Status: in_force

Any ambulance service district thus created shall constitute a body corporate in law with all the powers of a corporation, shall have perpetual existence, shall have the power and right to incur debts and contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the objects and purposes for which the ambulance service district was created. It may acquire by donation or purchase, any existing ambulance facility in the district. It also shall have the power and authority to acquire any and all necessary equipment and buildings for the purpose of performing the objects for which it is formed, and shall own all sites and physical facilities which are acquired either by donation, purchase, exchange, and otherwise in full ownership.

Added by Acts 1980, No. 304, §1.
La. Rev. Stat. § 33:9039.24 — LA Code / Code revised-statutes / Title 33 / Section 9039.24
Statutory pledge
Status: in_force

Any pledge made by the district shall be valid and binding from time to time when the pledge is made without the need for physical delivery of any pledged property. The money, assets, or revenues of the district so pledged and thereafter received by the district shall be immediately subject to the lien of such pledge and shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the district, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged by the district.

Acts 2001, No. 992, §1.
La. Rev. Stat. § 33:130.534 — LA Code / Code revised-statutes / Title 33 / Section 130.534
Economic development
Status: in_force

A.(1) The district shall have the power to construct and acquire facilities, including the acquisition of sites and other necessary property or appurtenances thereto within the district, or outside the district if the project is undertaken conjointly with other local units of government, under the authority of the Local Services Law, R.S. 33:1321 et seq., or other authorizing authority, and to acquire, construct, improve, operate, maintain, and provide improvements and services necessary therefor, including but not limited to roads, street lighting, bridges, rail facilities, drainage, sewerage disposal facilities, solid waste disposal facilities, waterworks, and other utilities and related properties.

(2) The district shall also have the authority to sell, lease, or otherwise dispose of, by suitable and appropriate contract, to any enterprise locating or existing within the district all or any part of a site, building, or other property owned by the district. In determining the consideration for any contract to lease, sell, or otherwise dispose of lands, buildings, or other property of the district, the board of commissioners may take into consideration the value of the lands, buildings, or other properties involved as well as the potential value of the economic impact of the enterprise being induced to locate or expand within the district. Such economic impact shall include increased employment, increased use of local labor, wages and salaries to be paid, consumption of local materials, products, and resources, and special tax revenues to be generated by the enterprise acquiring or leasing lands, buildings, or other property from the district. The district shall be empowered to enter into leases.

(3) The resolution or ordinance adopted by the board of commissioners authorizing any lease, sale, or other disposition of lands, buildings, or other property of the district or any attachment thereto shall set forth, in a general way, the terms of the authorized lease, sale, or other disposition, and such resolution or ordinance shall be published as soon as possible in one issue of the official journal of the district. 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 lease, sale, or other disposition of district property, 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 the authorized lease, sale, or other disposition of district property 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.

B. The district shall have the following additional powers, together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

(1) To acquire, whether by purchase, expropriation, exchange, gift, lease, or otherwise, and to construct and improve, maintain, equip, and furnish one or more economic development projects, including all immovable and movable properties which the board of commissioners may deem necessary in connection therewith.

(2) To lease or to contract for the use of any or all of its authorized projects and to charge and collect rent, fees, or charges therefor, and to terminate any such lease or contractual arrangement upon the failure of the lessee or contracting party to comply with any of the obligations thereof all as may be provided for in the lease agreement to which the district may become a part.

(3) To sell, exchange, donate, and convey any or all of its projects upon such terms and conditions as the board of commissioners may deem advisable, including the power to receive for any such sale the first mortgage note or notes of the purchaser of a project representing unpaid installments of the purchase price due by the purchaser to the district whenever the board of commissioners finds any such actions to be in furtherance of the purposes for which the district was organized.

(4) As security for the payment of the principal of and interest on any bonds, notes, or other obligations of the district and any agreements made in connection therewith, to mortgage and pledge any or all of its projects or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any other source.

(5)(a) To enter into any cooperative financing associated with economic development between or among the district and the state, any of its local governmental subdivisions, political corporations, or public benefit corporations, the United States or its agencies, or any public or private association, corporation, or individual.

(b) To enter into any economic or industrial development project between or among the district and the state, any of its local governmental subdivisions, political corporations, or public benefit corporations, the United States or its agencies, or any public or private association, corporation, or individual. Said methods of cooperative development shall include but not be limited to any number of joint development agreements and cooperative ownership, limited partnerships, and investment syndicates not prohibited by the Constitution of Louisiana. Regardless of the method of financing, the district shall attempt to obtain the most favorable arrangement available in order to protect and ensure economic and industrial development.

(c) To cooperate with and to engage in cooperative endeavors with other persons and entities as provided by Article VII, Section 21(H) of the Constitution of Louisiana to provide a means by which owners of such properties who expand, restore, improve, and develop them may pay ad valorem taxes for five years based upon the assessed valuation of the property for the year prior to the commencement of the expansion, restoration, improvement, or development.

Acts 1995, No. 359, §2.
La. Rev. Stat. § 33:3995 — LA Code / Code revised-statutes / Title 33 / Section 3995
Validation of present projects
Status: in_force

Where prior to July 30, 1958 any sewerage district has issued the notice of intention provided for in R.S. 33:3982 and has thereby initiated a sewerage project under this Sub-part, it is expressly provided and declared that such district may proceed with such project and complete same under this Sub-part as amended.

Added by Acts 1958, No. 395, §9.
La. Rev. Stat. § 33:7619 — LA Code / Code revised-statutes / Title 33 / Section 7619
Bonds and notes as legal investment
Status: in_force

Any parish or any municipality, all other parishes or municipalities, the state, all banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes, issued by a corporation pursuant to this chapter, including such bonds or notes as shall be secured by an agreement between the issuer and the federal government in which the federal government agrees to guarantee the payment of the full amount of such bonds or notes. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds, notes or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person or persons of any duty of exercising reasonable care in selecting securities.

Acts 1972, No. 553, §14.
La. Rev. Stat. § 33:7613 — LA Code / Code revised-statutes / Title 33 / Section 7613
Acquisition of real property in new community development area
Status: in_force

A. A corporation may acquire by purchase, lease, option, gift, grant, bequest, devise or by the exercise of the power of expropriation any real property, or interest therein, which it may deem necessary for, or in connection with, a proposed new community to be developed pursuant to this chapter.

B. In any proceeding to fix or assess compensation for damages for the purchase of property, or any interest therein, through the exercise of expropriation, in addition to evidence or testimony otherwise admissible, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages: (1) the institution of any legal or administrative proceedings with respect to any use, condition, occupancy, or operation of such property which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under any law or any ordinance or regulatory measure of the state, parish, municipality, or other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary, or otherwise contrary to the public health, safety or welfare; (2) the effect on the value of such property, of any such use, condition, occupancy or operation, or of the elimination, abatement, prohibition or correction of any such use, condition or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation.

Acts 1972, No. 553, §8.
La. Rev. Stat. § 33:1944 — LA Code / Code revised-statutes / Title 33 / Section 1944
Duty to wear medal
Status: in_force

Every member of the police or fire department honored with the reward of a medal shall wear the medal when in service or on parade.
La. Rev. Stat. § 33:9097.23 — LA Code / Code revised-statutes / Title 33 / Section 9097.23
University Acres Crime Prevention and Neighborhood Improvement District
Status: in_force

A. Creation. There is hereby created within the parish of East Baton Rouge, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the University Acres Crime Prevention and Neighborhood Improvement District, hereafter in this Section referred to as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

B. Boundaries. The boundaries of the district shall be coterminous with the boundaries of the University Acres Subdivision in East Baton Rouge Parish as established in the official subdivision plats filed with the clerk of court of East Baton Rouge Parish. The district shall include all residential parcels located in the designated range of addresses: 5804-6271 Boone Drive, 5710-6235 Chandler Drive, 575-895 Dubois Drive, 205-265 and 5824-5894 Guava Drive, 5756-6353 Highland Road, 152-795 Leeward Drive, 5731-6262 Menlo Drive, 120-872 Nelson Drive, 123-694 Sunset Boulevard, and 909-919 Sweets Lane.

C. Purpose. The purpose of the district shall be to aid in crime prevention by providing security for the district residents and to serve the needs of the residents of the district by promoting beautification and improvement for the overall betterment of the district.

D. Board. (1) The district shall be governed by a seven-member board of commissioners, referred to in this Section as the "board". The board shall be composed of the following persons:

(a) The president of the University Acres Civic Association, or its successor, referred to in this Section as the "association".

(b) Three members appointed by the board of directors of the association.

(c) One member appointed by the member or members of the Louisiana House of Representatives who represent the area which comprises the district, who shall be chosen from a list of nominations submitted by the association; such appointment shall be made within thirty days of receipt of the list of nominations.

(d) One member appointed by the member or members of the Louisiana Senate who represent the area which comprises the district, who shall be chosen from a list of nominations submitted by the association; such appointment shall be made within thirty days of receipt of the list of nominations.

(e) One member appointed by the member or members of the East Baton Rouge Parish Metro Council who represent the area which comprises the district, who shall be chosen from a list of nominations submitted by the association; such appointment shall be made within thirty days of receipt of the list of nominations.

(f) If the appointing authority responsible for the appointment of a member fails to fill a vacancy within thirty days, the board of directors of the association shall appoint an interim successor to serve until the position is filled by the appointing authority.

(2) All members of the board shall be registered voters within the district.

(3) All members of the board shall serve without compensation but shall receive reimbursement for their reasonable expenses directly related to the governance of the district, not to exceed two hundred dollars per year.

(4) The domicile of the board shall be within the district.

(5) The board is authorized to adopt bylaws for its governance and conduct.

(6) The members of the board shall select from among themselves a president and such officers as they deem appropriate, whose responsibilities shall be as provided by the bylaws of the board.

(7) The board shall hold regular meetings as provided for in its bylaws and may hold special meetings at such times and places within the district as provided in the bylaws.

(8) The board shall keep minutes of all meetings.

(9) A majority of the members of the board shall constitute a quorum for the transaction of business. A quorum must be present at the beginning of a meeting for the board to take any action. Each member shall have one vote and any action of the board shall require the affirmative vote of a majority of the members present and voting.

E. Terms. (1)(a) Members appointed pursuant to Subparagraph (D)(1)(b) of this Section shall serve four-year terms.

(b) Members appointed pursuant to Subparagraphs (D)(1)(c), (d), and (e) of this Section shall serve three-year terms but shall continue to serve until their successor is appointed.

(2) Any board member may be removed for cause by a majority vote of the board.

(3) Any vacancies in the membership of the board, occurring either by reason of the expiration of the term for which the member was appointed or by reason of death, resignation, or otherwise, shall be filled in the manner of the original appointment. A member who is appointed to fill the unexpired term of a board member shall serve the remaining term of the replaced board member. A board member shall be eligible for reappointment unless he was removed pursuant to Paragraph (2) of this Subsection.

F. Powers. The district, acting through its board, shall have the following powers:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To receive and expend funds collected pursuant to Subsection G of this Section and in accordance with a budget adopted as provided by Subsection H of this Section.

(4) To enforce municipal use and development rules and regulations affecting or relating to the beautification and security of the district.

(5) To enter into contracts with individuals or entities, private or public.

(6) To provide for or enhance security patrols in the district, to provide for improved lighting, signage, or other matters relating to the security of the district, including the landscaping and maintenance of areas within the district.

(7) To purchase, lease, rent, or otherwise acquire items, supplies, and services necessary or deemed appropriate for achieving any purpose of the district.

(8) To accept private grants and donations.

(9) To procure and maintain liability insurance against any legal liability of the district and against any personal or legal liability of a board member that may be asserted or incurred based upon his or her service as a member of the board or that may arise as a result of his or her actions taken within the scope and discharge of his or her duties as a member of the board.

(10) To perform or have performed any function or activity the board deems necessary to carry out the purposes of the district.

G. Parcel fee. The district, through the board, may impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection:

(1) The amount of the fee shall be as provided by a duly adopted resolution of the board. The initial parcel fee amount, for the first calendar year, shall be three hundred sixty-five dollars per improved parcel per year. The fee shall not exceed five hundred dollars per improved parcel per year.

(2)(a) The fee shall be imposed on each improved parcel located within the district. The term "parcel" as used in this Subsection means a lot, a subdivided portion of ground, an individual tract, or a "condominium parcel" as defined in R.S. 9:1121.103. The term "improved" as used in this Subsection means that a single-family or multifamily dwelling or condominium has been constructed on the parcel.

(b) The fee shall be imposed on each unit within a multifamily dwelling. If multiple adjacent parcels are combined for the purpose of housing a single-family dwelling, the combined parcel shall constitute only a single improved parcel for the purposes of the imposition of the fee.

(3) The owner of the improved parcel shall be responsible for payment of the fee.

(4)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. If the fee is approved, the board may increase or decrease the amount of the fee on an annual basis without any additional vote, but the fee shall not exceed the maximum parcel fee as provided in this Subsection.

(b) The authority of the board to impose a fee shall expire fifteen years from its initial levy, but the authority to impose a fee may be renewed in the same manner as its imposition.

(5) No fee shall be imposed upon any parcel if the owner receives the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana.

(6) The sheriff of East Baton Rouge Parish shall collect the fee at the same time and in the same manner as ad valorem taxes are collected.

(7) The sheriff of East Baton Rouge Parish shall remit to the district all amounts collected, not more than sixty days after collection. However, the board may enter into an agreement with the sheriff to authorize the sheriff to retain a collection fee.

(8) Any improved parcel fee which is unpaid shall be added to the tax rolls of the parish and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes.

H. Budget. (1) The board shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.

(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.

I. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the additional law enforcement personnel and services provided by the district shall be supplemental to and not in lieu of personnel and services provided in the district by the city of Baton Rouge and East Baton Rouge Parish.

(2) If the district ceases to exist, both of the following shall apply:

(a) All funds of the district shall be transmitted by the board to the governing authority of East Baton Rouge Parish within thirty days of dissolution. Such transmitted funds together with any other funds collected by the parish of East Baton Rouge pursuant to this Section, shall be maintained in a separate account by the city and shall be used only to promote, encourage, and enhance the security, beautification, and overall betterment of the area formerly comprising the district.

(b) The authority for the imposition of the improved parcel fee provided in this Section shall cease.

J. Indemnification and exculpation. (1) The district shall indemnify its officers and board members to the fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit corporation governed thereby, and as may be provided in the district's bylaws.

(2) No board member or officer of the district shall be liable to the district or to any individual who resides, owns property, visits, or otherwise conducts business in the district for monetary damages for breach of his duties as a board member or officer, provided that the foregoing provision shall not eliminate or limit any liability of a board member or officer for any of the following:

(a) Acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.

(b) Any transaction from which he derived an improper personal benefit.

(3) To the fullest extent permitted by R.S. 9:2792 et seq., a person serving the district as a board member or officer shall not be individually liable for any act or omission arising out of or related to the performance of his duties.

Acts 2014, No. 829, §1, eff. June 23, 2014.
La. Rev. Stat. § 33:463 — LA Code / Code revised-statutes / Title 33 / Section 463
Annual financial statement
Status: in_force

The mayor and board of aldermen shall produce an annual financial statement of the municipality in accordance with generally accepted accounting principles. The minutes of the board shall acknowledge that the financial statements have been produced and are available for public inspection. A copy of the annual financial statement shall be transmitted to the legislative auditor within six months of the close of the fiscal year.

Acts 1983, No. 132, §1; Acts 1984, No. 186, §1; Acts 1988, No. 110, §1.
La. Rev. Stat. § 33:2476.5 — LA Code / Code revised-statutes / Title 33 / Section 2476.5
City of Lafayette municipal fire and police civil service board; board secretary
Status: in_force

Notwithstanding the provisions of R.S. 33:2476(L)(1), the municipal fire and police civil service board in the city of Lafayette may fill the office of secretary by employing any person on a full-time basis. The board shall pay such person an amount that is within a salary range that is comparable to the salary range established by the Lafayette city-parish consolidated government for classified personnel employed in similar administrative positions.

Acts 2016, No. 542, §1.
La. Rev. Stat. § 33:120.1 — LA Code / Code revised-statutes / Title 33 / Section 120.1
Civil actions
Status: in_force

Nothing contained in any subdivision regulation shall relieve, lessen, or otherwise diminish the responsibility, liability, or duty of any person engaged in the design or development of a subdivision for damage to property or injury to another caused by or resulting from any defects of any nature in any work performed or acts done by said person.

Acts 1990, No. 699, §1, eff. July 20, 1990.