La. Rev. Stat. § 38:3382 — LA Code / Code revised-statutes / Title 38 / Section 3382
Purpose
Status: in_force

The purpose of this Chapter is to provide a method by which the various governing authorities throughout this state may join together in cooperative endeavors for the enhancement of commercial transportation by highways, by rail, on inland waterways, on the oceans, and through the air so that manufacturers, shippers, importers, exporters, and all businesses which utilize transportation services will be better served.

Acts 1997, No. 1041, §2.
La. Rev. Stat. § 38:1767 — LA Code / Code revised-statutes / Title 38 / Section 1767
Powers and duties of board of commissioners
Status: in_force

The board of drainage commissioners may open all natural drains which they deem necessary in their respective districts and perform all work connected therewith, which they may deem necessary to make the opening of the natural drains effective. They may cut and open new drains, ditches, and canals wherever deemed necessary. In order to carry out the drainage works, the drainage commissioners may enter into contracts for the performance of these works, or purchase machinery and have the work performed under their supervision, and perform all other acts necessary to fully drain all the land in their districts and maintain the drainage when established.
La. Rev. Stat. § 38:351 — LA Code / Code revised-statutes / Title 38 / Section 351
Authority to expropriate and acquire property prior to judgment
Status: in_force

Notwithstanding any other law to the contrary, and in addition to the methods and procedures for acquisition or utilization of servitudes for levee and related purposes by levee districts and levee and drainage districts, whenever any levee district or levee and drainage district cannot appropriate or amicably acquire immovable property needed for levee purposes, including but not limited to flooding and hurricane protection purposes, or integrated coastal protection projects, the levee district or levee and drainage district may acquire the property by expropriation prior to judgment in accordance with the provisions of this Part. The method of expropriation provided by this Part shall be authorized for corporeal property and servitudes and for both riparian and nonriparian property.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2008, No. 545, §2.
La. Rev. Stat. § 38:432 — LA Code / Code revised-statutes / Title 38 / Section 432
Bonds in lieu of outstanding bonds
Status: in_force

The intent of this Subpart is that the levee districts and levee and drainage districts may issue bonds in lieu of the bonds already authorized, not in addition thereto, but in carrying out the power to refund outstanding bonds into bonds under this Subpart. The bonds under this Subpart may be negotiated before the retirement of the outstanding bonds, but the proceeds of the bonds thus negotiated shall remain in the state treasury, as provided in R.S. 38:435.

Acts 1985, No. 785, §1, eff. July 22, 1985.

{{NOTE: REGARDING R.S. 38:431-436, SEE ALSO R.S. 38:1117(A)(3) AS PER ACTS 1985, NO. 466, §2, WHICH MAY BE CONFLICTING.}}
La. Rev. Stat. § 38:2241.1 — LA Code / Code revised-statutes / Title 38 / Section 2241.1
Acceptance of governing authority
Status: in_force

A. When any public entity enters into a written contract for the construction, alteration, or repair of any public works, in accordance with the provisions of R.S. 38:2241, the official representative of the public entity shall have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than thirty calendar days after the date of completion or substantial completion of such work.

B. "Substantial completion" is defined for the purpose of this Chapter, as the finishing of construction, in accordance with the contract documents as modified by any change orders agreed to by the parties, to the extent that the public entity can use or occupy the public works or use or occupy the specified area of the public works for the use for which it was intended. The recordation of an acceptance in accordance with the provisions of this Section upon substantial completion shall be effective as an acceptance for all purposes under this Chapter.

C. Any public entity that does not file for recordation an acceptance of public work shall require the contractor to have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than forty-five calendar days after the date of completion or substantial completion of the work. This acceptance shall not be executed except upon the recommendation of the design professional hired by the public entity whose recommendation shall be made not later than thirty calendar days after the date of completion or substantial completion of such public work. A public entity shall not take, use, or occupy the public work or use or occupy the specified area of the public work for which it was intended until the substantial completion has been filed pursuant to this Section, unless an approved agreement of partial occupancy is executed between the public entity, the design professional of record, and the contractor.

D. The public entity's failure to comply with the provisions of this Section shall be subject to a writ of mandamus.

Acts 1991, No. 947, §1, eff. July 24, 1991; Acts 2014, No. 759, §1; Acts 2021, No. 205, §1.
La. Rev. Stat. § 38:335 — LA Code / Code revised-statutes / Title 38 / Section 335
Bond issues; Orleans Levee District
Status: in_force

A. To enable the board of commissioners of the Orleans Levee District to finance and carry on the work of development, improvement, maintenance, and operation herein authorized or otherwise authorized by law, the board may issue, sell, and deliver from time to time bonds, notes, and/or certificates of indebtedness to be signed in its behalf by its duly authorized officers, to bear such rate of interest not to exceed the maximum authorized by R.S. 39:1421 et seq., as the same now exists or may be hereafter amended, to be payable at such times and at such place or places, and to be issued under all such terms and conditions, not inconsistent herewith, as the board determines to secure such bonds, notes, and/or certificates of indebtedness at any time issued or to be issued and outstanding, the board may mortgage and pledge:

(1) Any and all lands reclaimed or to be reclaimed or otherwise acquired by the board as part of the development, except such part of such land as is required by the provisions hereof to be reserved and dedicated for public parks, parkways, boulevards, playgrounds, and/or places of amusement and/or beach purposes, together with all buildings and improvements made or constructed or to be made or constructed thereon, and all rights, ways, privileges, servitudes, or appurtenances thereunto belonging or in anywise appertaining, and

(2) Cash, notes, and/or other evidences of indebtedness received or to be received by the board in consideration for the sale or sales of any lands, lots, and improvements forming part of the development, and

(3) Any lease or leases and the rents, incomes, and other advantages arising out of any lease or leases made or granted by the board in connection with the development, and

(4) Generally, any and all rights of the board in and to any lands, property, incomes, revenues, claims, and other choses in action, forming part of and/or arising out of the development, and

(5) The full faith and credit of the board as provided in Article VI, §39* of the Constitution of Louisiana.

B. The board may sign, execute, and deliver any act or acts of mortgage and pledge containing all such terms, conditions, and stipulations, not inconsistent herewith, as it deems proper to secure any bonds, notes, and/or other certificates of indebtedness issued or to be issued by it in pursuance hereof.

C. The bonds, notes, or certificates of indebtedness shall be exempt from all taxation for state, parish, and municipal purposes. Savings banks and insurance companies are authorized to invest the funds in their hands therein, and the bonds, notes, and certificates of indebtedness may be used for deposit with any officer, board, municipality, or other political subdivision of this state in any case whereunder by any present or future laws deposit of security may be required. The bonds, notes, and certificates of indebtedness shall be deemed to be negotiable instruments and incontestable in the hands of bona fide holders for value; however, nothing herein contained shall be construed as pledging the credit of the state of Louisiana for the payment of the bonds, notes, or certificates of indebtedness nor shall the bonds, notes, or certificates of indebtedness be construed as obligations of the state of Louisiana.

D. The power and authority hereby conferred shall be in addition to any power to issue bonds or other evidences of indebtedness and to borrow money now or hereafter conferred by law upon the board. No bonds, notes, or certificates of indebtedness shall be issued by the board under the authority herein conferred unless authorized by a vote of three-fourths of all the members of the state bond commission.

Acts 1985, No. 785, §1, eff. July 22, 1985.

*AS APPEARS IN ENROLLED BILL.
La. Rev. Stat. § 38:1843.2 — LA Code / Code revised-statutes / Title 38 / Section 1843.2
Vermilion Parish Consolidated Gravity Drainage District No. Two
Status: in_force

Notwithstanding any provision of R.S. 38:1843 to the contrary, the board of commissioners of Consolidated Gravity Drainage District Number Two of Vermilion Parish shall consist of six members all of whom shall be resident property taxpayers and registered voters of the district. The board shall be governed in all other respects by the provisions of this Part.

Acts 1984, No. 122, §1.
La. Rev. Stat. § 38:2319.10 — LA Code / Code revised-statutes / Title 38 / Section 2319.10
Approval by State Bond Commission
Status: in_force

No equipment-lease-purchase contract may be effected under the provisions of this Part unless the prior written approval of the form of the lease is obtained from the State Bond Commission.

Acts 1985, No. 758, §1, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:2044 — LA Code / Code revised-statutes / Title 38 / Section 2044
General powers and duties of the board
Status: in_force

The board of commissioners shall have all powers necessary or convenient for carrying out its purposes, including but not limited to the following rights and powers:

(1) The board shall adopt bylaws for its own government and for the government of its officers and employees. It shall devise and adopt rules and regulations for establishing and perfecting a comprehensive drainage and stormwater management program. It shall keep a record of all its proceedings, which shall be published after each meeting in a local newspaper selected by the board.

(2) The board, at each regular meeting, shall examine all of the accounts and operations of the board, determine in what manner work shall be undertaken, and provide the means to carry out its projects. All work shall be advertised to be let by means of sealed proposals, in accordance with the public contracts law of the state of Louisiana, to the lowest responsible bidder, reserving to the board authority to reject all bids. In case of emergency as defined in R.S. 38:2211, the public contracts law of the state of Louisiana, the board may make contracts for the building, repair, and guarding of drainage facilities without advertisement of sealed proposals, and for that purpose may use any funds in the treasury of the board not otherwise appropriated by contract previously given, or may pledge the revenues of the board, property, or other things of value to raise money for this purpose.

(3) The board may create a system and establish a line of back levees and drainage for the district. The board, in the creation of said back levees and drainage system and the erection thereof, may construct floodgates wherever deemed necessary and may close any canals and bayous, which may be found to intersect the proposed levees lines, at the point of intersection, in order that the property of the district may be free from the danger of inundation. The determination of the board as to the necessity of closing any intersecting canal or bayou or as to the necessity of opening or closing any floodgates to protect the district from inundation shall be conclusive evidence of the necessity. The board may construct channels, upper and lower side levees, and pumping stations to protect the lands and property within the district as it deems necessary, with full authority to acquire the necessary land on which to build the back and side levees and all levee drainage and pumping structures. The board shall have all power and authority and shall do all things necessary to attain the objects contemplated herein. The district may exercise the right of eminent domain and expropriate property according to law within and without the district when necessary to drain lands in the district.

(4) The board shall cause to be kept an exact and accurate statement of the work performed by its authority, giving in detail the work done, the drains and drainage facilities constructed or installed, repairs, or all other work done or authorized to be done. The board shall keep an accurate account of the finances of the district and semiannually cause to be prepared a statement showing the exact, accurate, and true condition of such finances, showing particularly the receipts and resources thereof in detail, the amount and character of each amount of money, or assets received, whether in money, bills of exchange, bills receivable, property, or other things of value. Such statement shall show in detail the expenditures made by authority of the board, the cost of works built or repaired, salaries paid, property purchased, cost of work done, and other incidental expenditures, and any and all expenditures made by authority of the board, the balances on hand, all details of the various money, fines, or other things of value at the time of the statement. Such statement shall be made in triplicate, one copy of which shall be forwarded to the governor, one copy to the legislative auditor, and one copy shall be kept on record in the files and records of the board. The board shall also cause this statement to be published for one day in a local newspaper of its own selection within ten days from the date of the semiannual meeting at which such statement is made and approved.

(5) The board shall be responsible for all major drainage in the district, excluding the Red River and its levees, and local drainage along streets, highways, and roads and may request the office of engineering of the Department of Transportation and Development to lay out, furnish estimates, and perform all engineering work necessary to the location, construction, and repairs of the drain and drainage facilities or may employ an engineer or engineers to perform such services.

(6) The board shall have authority to order the relocation of any and all pipelines or electric power transmission lines located within the district, provided that the owners thereof shall be reimbursed for the cost of such removal and relocation. The determination of the board as to the necessity of removing and relocating those facilities for purposes of dredging operations or levee construction or maintenance shall be conclusive evidence of the necessity. The board is authorized to pay for the costs of such relocations from any of the funds of the district available for construction or maintenance.

(7) The board may cooperate with the federal government, the state of Louisiana, and other governmental entities in such manner as it may deem necessary to carry out its authorized purposes and may receive loans, grants, and gifts in connection therewith.

Added by Acts 1982, No. 69, §1; Acts 1984, No. 787, §1; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:2245 — LA Code / Code revised-statutes / Title 38 / Section 2245
Proceedings tried summarily
Status: in_force

All proceedings brought under this Part shall be tried summarily and referred to a commissioner, as provided by law, who shall report his findings to the court at the earliest date possible.
La. Rev. Stat. § 38:90.2 — LA Code / Code revised-statutes / Title 38 / Section 90.2
Revision of flood information database by the Floodplain Evaluation and Management Commission
Status: in_force

A. Provided that sufficient funds are specifically appropriated to the office, no later than March 1, 2022, and at least once every five years thereafter, the Floodplain Evaluation and Management Commission, consisting of the Department of Transportation and Development, the Coastal Protection and Restoration Authority, the office of community development, the Governor's Office of Homeland Security and Emergency Preparedness, the Department of Environmental Quality, a member of the Association of Levee Boards of Louisiana, a member from the House Committee on Transportation, Highways and Public Works, a member from the Senate Committee on Transportation, Highways, and Public Works, the chairman of the Louisiana Soil and Water Conservation Commission or his designee, the commissioner of agriculture and forestry or his designee, and the secretary of the Department of Wildlife and Fisheries or his designee shall review and revise the statewide flood information database. The secretary of the Department of Transportation and Development or his designee shall serve as chairman of the commission. The database will be developed for the purpose of the systematic evaluation of drainage and flooding problems in the state. The commission shall review the development proposals in each area to ensure that no development in one parish or municipality will have a negative or detrimental effect in any other parish or municipality. In addition, the commission shall ensure that maintenance in any basin area across parish or municipal boundaries, including the clearing and de-snagging of the Amite and Comite Rivers, are performed according to any contractual obligations and state law.

B. The revision shall be based upon the most recent distribution of flood hazard areas and flood damages based on, but not limited to, the following:

(1) Drainage patterns within hydrologic units.

(2) Floodprone areas as defined by the one-hundred-year flood.

(3) Current development patterns and population density.

(4) Major drainage projects constructed within the preceding four years and identification of problem areas which could be improved.

(5) Estimates of economic impact of the loss sustained in the inundated areas.

(6) Coordinated statewide watershed evaluations.

C. If the Floodplain Evaluation and Management Commission fails to perform the review and revision of the statewide flood information database as required in Subsection A of this Section, the commission shall submit a written report to the committee prior to the beginning of the next regular legislative session to inform the committee of the specific reason for such failure.

D. The commission shall collaborate with the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority to manage statewide flood risk data for all areas within the authority's jurisdiction.

Added by Acts 1982, No. 351, §1; Acts 2017, No. 360, §1; Acts 2018, No. 437, §1; Acts 2019, No. 246, §1; Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:181 — LA Code / Code revised-statutes / Title 38 / Section 181
Construction and maintenance of levees; expropriation of lands
Status: in_force

Cities and towns incorporated under the laws of this state may build and maintain levees within the limits of the municipality, or in its immediate vicinity, for protection from overflow or from the high waters of streams affecting them and may expropriate any lands within or without the corporation necessary for construction of levees.

The expropriation proceedings shall be upon due compensation and shall be conducted in accordance with and governed by the provisions of Articles 2626 to 2641 inclusive of the Revised Civil Code of Louisiana.

The right of way over all lands of the state for these purposes is hereby granted when authorized by the governor.
La. Rev. Stat. § 38:3087.351 — LA Code / Code revised-statutes / Title 38 / Section 3087.351
Supervision by Department of Transportation and Development
Status: in_force

All of the powers and duties relative to construction and letting of contracts for construction required to be advertised by R.S. 38:2211 and 2212 conferred upon the district shall be subject to and exercised under the supervisory control of the Department of Transportation and Development of the state of Louisiana, which department shall furnish to the district such engineering services as it shall require and may cooperate with the district in the construction of any work or facility considered necessary by the district and said department to the purposes of the district.

Acts 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:377 — LA Code / Code revised-statutes / Title 38 / Section 377
Contents of charge to jury
Status: in_force

In his charge to the jury, the judge shall instruct the jurors on the law applicable to the cause submitted to them, but he shall not recapitulate or comment upon the evidence in such manner as to exercise any influence upon their decision as to the facts.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2708 — LA Code / Code revised-statutes / Title 38 / Section 2708
Rules and Regulations
Status: in_force

In order to accomplish the purposes of the district to protect the works, improvements, and property of the district, both immovable and movable; to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage to the district by misuse of any works, improvements, or properties or by the pollution by solid or liquid or substance or misuse of the waters of the district or any water course therein, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of their use by public corporations and persons, and preserve order within and adjacent thereto.

(2) To prescribe the manner of building bridges, roads, fences, including fences for the control of livestock or other works in, along, or across any channel or extending into the reservoir.

(3) To prescribe the manner in which natural or artificial drains, ditches, sewers, pipelines, or other works shall be adjusted to or connected with the works of the district or any water course therein and the manner in which the water courses of the district may be used for sewer outlets for disposal of waste.

(4) To prescribe the permissible uses of the water supply, provided by the impoundments constructed, and to prevent the pollution or unnecessary waste of such water supply.

(5) To prohibit or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.

(6), (7) REPEALED BY ACTS 1993, NO. 830, §2.

Acts 1958, No. 474, §8; Acts 1989, No. 176, §1; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:2233.1 — LA Code / Code revised-statutes / Title 38 / Section 2233.1
School boards in Orleans Parish, authority for procurement from small businesses; set aside; preference to disadvantaged; preference to women
Status: in_force

A. Notwithstanding any other provision of law, the Orleans Parish School Board, through its respective fiscal officer or director of finance, is hereby authorized and empowered for each fiscal year to designate and set aside for awarding to small businesses, as defined in R.S. 39:1732, an amount at least ten percent of the value of anticipated local procurement of goods and services, including all public work for labor and materials involving the construction or doing of any public work, including alteration or repair.

B.(1) The school boards may for each fiscal year designate and set aside for awarding to small businesses an amount up to ten percent of the value of anticipated total procurement of goods and services including labor and materials for the construction or doing of any public work, including alteration or repair by said entity. However, should the school board choose to set aside a greater amount, then nothing herein shall be construed to prohibit such set aside levels above ten percent. The procurements so designated shall be divided into contract award units of economically feasible production runs in order to facilitate offers or bids from small businesses. In making the annual designation of set aside procurements, an attempt shall be made to vary the included procurements so that a variety of goods and services produced and public works constructed by different small businesses may be set aside each year. The failure to set aside particular procurements shall not be deemed to prohibit or discourage smaller businesses from seeking the procurement award through the normal solicitation and bidding process.

(2) To implement the foregoing there shall be established a contract procedure in accordance with law for the awarding of a procurement contract under the set aside program established hereby.

(3) Before making a set aside award, an evaluation shall be made to determine whether the small business scheduled to receive the award is able to perform the set aside contract. This determination shall include consideration of production and financial capacity and technical competence.

(4) At least ten percent of the value of the procurements designated for set aside awards shall be awarded, if possible, to businesses owned and operated by socially or economically disadvantaged persons. In the event small businesses owned and operated by socially or economically disadvantaged persons are unable to perform at least ten percent of the set aside awards, then the balance of the set aside contracts shall be awarded to other small businesses.

(5) At least ten percent of the value of the procurement contracts designated for set aside awards shall be awarded, if possible, to businesses owned and operated by women. In the event small businesses owned and operated by women are unable to perform at least ten percent of the set aside award contracts, then the balance of the set aside contracts shall be awarded to other small businesses.

(6) In the event that the provisions of this Section do not operate to extend a contract award to small business, the award shall be placed pursuant to the existing solicitation and award provisions established by law, whereupon additional procurements corresponding in approximate value to the contract unable to be awarded pursuant to the provisions of this Section shall be designated and set aside for small businesses.

(7) All laws and rules pertaining to solicitations, bid evaluations contract awards, and other procurement matters shall apply as consistent to procurements set aside for small businesses. In the event of conflict with other rules, the provisions of this Section shall govern.

C. In order to implement the provisions hereof, such school board shall adopt rules, standards, and procedures for certifying that small businesses, small businesses owned and operated by socially or economically disadvantaged persons, and small businesses owned and operated by women are eligible to participate under the requirements of this Section. The procedure for determination of eligibility may include self certification by a business, provided that the board retains the ability to verify a self certification. Other rules as may be necessary to carry out the duties set aside in this Section may also be adopted.

Added by Acts 1982, No. 302, §1. Acts 1984, No. 636, §1; Acts 1986, No. 653, §1; Acts 1991, No. 289, §11; Acts 2011, 1 st Ex. Sess., No. 5, §1.
La. Rev. Stat. § 38:1651 — LA Code / Code revised-statutes / Title 38 / Section 1651
Benefits, taxes, bonds and reclamation of sub-district
Status: in_force

Wherever under the provisions of this Part a sub-drainage district has been formed, and a plan for reclamation of the sub-drainage district has been prepared, filed and adopted, the proceeding for assessing benefits, levying taxes, issuing bonds and reclaiming the subdistrict, shall be the same in that case as is provided in this Part for drainage districts.
La. Rev. Stat. § 38:3087.261 — LA Code / Code revised-statutes / Title 38 / Section 3087.261
Creation; boundaries; purpose
Status: in_force

The Webster Parish Watershed District, referred to in this Part as the "district", is hereby created. The district shall consist of all of the territory of the parish of Webster. The district is established for the purpose of developing and protecting the wealth and natural resources of the district by the conservation of soil and water resources of the district, including surface and groundwater, for agricultural, recreational, commercial, industrial, and sanitary purposes.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:1641 — LA Code / Code revised-statutes / Title 38 / Section 1641
Bridges; ditch or lateral across highway; removal of bridge, flume or other work
Status: in_force

All bridges and enlargements of existing bridges, shall be built or enlarged according to the plans and specifications approved by the chief engineer of the district. Where the bridges are outside of the drainage district the Department of Public Works shall first approve the plans and specifications therefor.

All new bridges and all enlargements of existing bridges made necessary by the work of reclamation shall be built or enlarged at the expense of the drainage district. All new bridges built at the expense of the drainage district shall be maintained by the drainage district. Any increased cost of maintenance of existing bridges occasioned by any enlargement thereof made by a drainage district shall be borne by the drainage district.

Any owner of land within or without the district, desiring to do so, may, at his own expense, and in compliance with the terms and provisions of this Part, construct a bridge across any drain, ditch, canal, or excavation in or out of the district.

All drainage districts may construct and maintain any ditch or lateral provided in the plan for reclamation across any of the public highways of this state, without proceedings for the condemnation of the highways, or being liable for damages therefor. Within ten days after having completed a ditch across any public highway, the drainage district shall construct and maintain a bridge over the ditch where the ditch crosses the highway.

All drainage districts when deepening, enlarging, or cleaning out any natural drain in or out of the district shall remove any bridge, flume, or other work in, over, or under the natural drain, without the necessity of condemnation or of paying damages therefor. The bridge, flume, or other work shall be replaced by the drainage district within a reasonable time and at its own expense.
La. Rev. Stat. § 38:3087.144 — LA Code / Code revised-statutes / Title 38 / Section 3087.144
Board of commissioners, appointment; tenure; vacancies; compensation
Status: in_force

A. The district shall be governed and controlled by a board of seven commissioners, each of whom shall be a qualified elector of the state of Louisiana and who resides within the limits of Winn, Caldwell, or LaSalle Parishes. Each commissioner shall be appointed for a term of four years and shall serve until his successor is named and qualified.

B. The seven commissioners shall be appointed by the governor from names submitted as follows:

(1) One member representing the parish of Caldwell shall be appointed from a list of three names submitted by the police jury for the parish of Caldwell.

(2) One member representing the parish of LaSalle shall be appointed from a list of three names submitted by the police jury for the parish of LaSalle.

(3) One member representing the parish of Winn shall be appointed from a list of three names submitted by the police jury for the parish of Winn.

(4) One member representing the parish of Caldwell shall be appointed from a list of three names submitted by a majority of the legislative delegation representing the parish of Caldwell.

(5) One member representing the parish of LaSalle shall be appointed from a list of three names submitted by a majority of the legislative delegation representing the parish of LaSalle.

(6) One member representing the parish of Winn shall be appointed from a list of three names submitted by a majority of the legislative delegation representing the parish of Winn.

(7) One member representing the district at-large shall be appointed from a list of three names submitted by a majority of the legislative delegation representing the parishes of Caldwell, LaSalle, and Winn.

C. Each appointment to the board of commissioners under the provisions of this Section shall be made subject to Senate confirmation as required by Article IV, Section 5(H) of the Constitution of Louisiana.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:2811 — LA Code / Code revised-statutes / Title 38 / Section 2811
Contracts, let by board; bond
Status: in_force

Any and all contracts of the district may be let by the board of commissioners, with advertisement, on the terms and subject to the conditions which it may fix in the ordinance or advertisement calling for bids. The person or firm to whom any contract is awarded shall furnish, within the delay fixed by the board, a bond of a surety company authorized to do business in the state of Louisiana, in the amount required by the laws relating to contracts for public works, and conditioned that the work shall be performed in accordance with the plans and specifications of the engineers, and the terms of the contract, and the board shall demand any other bonds and obligations which the laws relating to public works contracts required the contractor to give.

Added by Acts 1966, No. 101, §11.
La. Rev. Stat. § 38:2238.3 — LA Code / Code revised-statutes / Title 38 / Section 2238.3
Exclusion
Status: in_force

The provisions of this Part shall not apply to the procurement of used fire and emergency response vehicles acquired by any political subdivision in the state through the use of funds obtained, either by grant or by loan, through the Louisiana Community Development Block Grant Program authorized for administration by the state in 1982 under the provisions of Title I of the Housing and Community Development Act of 1974. Any use of such monies for these purposes is expressly prohibited by law, and the acquisition of such used vehicles under these provisions shall be null, void, and of no effect.

Acts 1999, No. 296, §1, eff. June 11, 1999.
La. Rev. Stat. § 38:1808 — LA Code / Code revised-statutes / Title 38 / Section 1808
St. Charles drainage districts
Status: in_force

A. The governing authority of the parish of St. Charles, state of Louisiana, is hereby authorized to create drainage districts comprised of all or any portion of the territory of St. Charles Parish.

B. The governing authority of each drainage district shall be the St. Charles Parish Council.

C. Any drainage district created hereunder shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct and acquire projects, works, improvements, and equipment to improve and facilitate drainage within such district and which shall include, but without limitation, the authority to construct projects for the drainage of lands in the district by the construction, improvement, extension, renewal, or replacement of drainage facilities, including canals, ditches, pumps, levees and related buildings, machinery, rights of way, and sites. Each district is also granted and shall have all powers necessary or convenient for the carrying out of such purposes including but without limiting the foregoing provisions of this Section, the following rights and powers:

(1) To acquire, purchase, lease as lessee, and hold and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority, and to sell, lease, transfer, and dispose of any property or interest therein at any time acquired by it.

(2) To acquire by purchase, lease, or otherwise and to construct, improve, maintain, repair and operate improvements, equipment, or facilities which it deems necessary or convenient to carry out its purposes.

(3) To enter into agreements of any nature with any person or persons (natural or artificial), corporation, association or other entity, including public corporations, political subdivisions, municipalities, the United States government and agencies thereof, the state of Louisiana or any of its agencies, or any combination thereof, or with instrumentalities of every kind, for the operation of all or any part of the properties, improvements, equipment, and facilities of the district.

(4) To make and enter into contracts, conveyances, mortgages, deeds or trusts, bonds, and leases in the carrying out of its purposes.

(5) To let contracts for the construction or acquisition in any other manner of property, improvements, and facilities incident to the carrying out of the purposes of the district.

(6) To fix, maintain, collect, and revise rates and charges for the construction, operation, and maintenance of improvements, equipment, or facilities of the district and the services rendered thereby.

(7) To make bylaws for the management and regulation of its affairs.

(8) To cooperate with and enter into cooperative agreements and arrangements with agencies of the United States of America, the state of Louisiana, and its various departments and political subdivisions, on a matching fund or any other basis in all drainage projects.

(9) To purchase servitudes and rights of way for its own uses or for the use of any state or federal agency with which it may cooperate in connection with some work of improvement.

(10) To drain lands in said district by the construction, maintenance, and operation of gravity and/or forced drainage facilities, including drains, drainage canals, ditches, pumps, and pumping plants, dikes, levees, and other related works.

(11) To incur debt and issue general obligation bonds of the district for the purpose of constructing said gravity or forced drainage facilities and acquiring the necessary lands, equipment, and machinery therefor. The bonds shall be secured by and payable from ad valorem taxation and may be issued to an amount not exceeding the debt limit established for the issuance of general obligation bonds by R.S. 39:562 and in the manner provided for the issuance of bonds by other political subdivisions under the provisions of Subpart A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950 and other constitutional and statutory authority supplemental thereto. Such bonds shall be issued only after being approved at an election ordered by its governing authority and held in accordance with the provisions of Part II, Chapter 4, Title 39 of the Louisiana Revised Statutes.

(12) To levy and collect a parcel fee, which parcel fee shall be imposed by resolution of the governing authority of a district only after notice of intention to impose the parcel fee and the purpose, rate, and duration of the parcel fee has been published in four consecutive weekly issues of a newspaper of general circulation published in St. Charles Parish, setting forth a date and time when the governing authority will meet in open and public session to hear any objections to the proposed levy and collection of such parcel fee; provided, however, that if at such hearing a petition duly signed by electors of the district in a number not less than five percent of the number of such electors voting at the last special or general election object to the levy and collection of such parcel fee, then such parcel fee shall not be levied and collected until approved by a vote of a majority of the qualified electors of the district who vote at a special election held for that purpose in the manner provided by Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the parish registrar of voters certifying that the signers of the petition are registered electors of the district and the number of signers amount to not less than five percent of the registered electors that voted in the last tax election in said district. Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. Any such parcel fee levied under this Section shall not be applicable to manufacturing or electrical generating facilities in St. Charles Parish. Such fee may be carried on the tax rolls of St. Charles Parish and collected at the same time as parish ad valorem taxes. If any parcel fee is not paid when due, a district shall proceed against the parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs incurred by such district plus interest at the rate of twelve percent on the unpaid amount of the parcel fee, and in the event legal proceedings are necessary to effect collection, court costs, and reasonable attorney's fees. Provided, however, that attorney's fees shall be payable by the parcel owner only if demand by the governing authority of such district has been made on the parcel owner by registered or certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand. A judgment obtained for nonpayment of a parcel fee, upon being recorded in the mortgage records in St. Charles Parish, shall prime all other liens except those for taxes and prior recorded local or special assessments levied for street, sewerage, or water improvements. If there are one or more property mortgages on such parcel and the mortgage holder or holders have notified the tax collector in St. Charles Parish of such recorded mortgage in accordance with the requirements of R.S. 47:2180.1, a district, prior to proceedings against such parcel for failure to pay a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee due and owing on such parcel and that such parcel fee must be paid within twenty days after the mailing of the notice or proceedings will be commenced against the parcel. Such notice shall be sent to each such mortgage holder by certified mail return receipt requested or made by personal or domiciliary service on such mortgage holder.

(13) To incur debt and issue bonds payable from the proceeds of a parcel fee. Such bonds may be sold at public or private sale and shall be issued pursuant to the provisions of a resolution adopted by the governing authority of the district, provided, however, the bonds shall mature over a period not to exceed the period for which the parcel fee, the proceeds of which are to be used to pay principal and interest on the bonds, is authorized. Such bonds and the income therefrom shall be exempt from taxation by the state of Louisiana and by any parish, municipality, or political subdivision thereof.

(14) To levy special taxes on all the property within such district for the purposes of maintaining, operating, constructing, and improving the drainage works in such district in the manner authorized by Article VI, Section 32 of the Louisiana Constitution of 1974 after having been authorized to do so at a special election held in accordance with provisions of Part II, Chapter 4, Title 39 of the Louisiana Revised Statutes.

(15) To expropriate property for the purpose of acquiring sites for pumping stations and land for any other necessary public purposes of the district; provided, however, the district shall not have the right to expropriate minerals or mineral rights.

(16) To acquire machinery and maintain pumping plants or any machinery whatever that may be found necessary for the purpose of draining any of the lands embraced within the district.

(17) To cut and open any drains and canals and open, deepen, and enlarge natural drainage within or without the district and perform all work in connection therewith which may be deemed necessary to provide drainage for the lands in the district, and perform all of the acts necessary to drain the land in the district and maintain the drainage when established.

(18) To accept gifts and grants of money, property, or services.

(19) To extend canals or ditches or both canals and ditches beyond the limits of the district for the purpose of securing a proper outlet for the waters of the district.

(20) To construct, acquire, improve, and/or maintain levees.

(21) To levy and collect drainage charges on a square foot basis. Any municipal corporation, parish, or water district operating a water system shall have the power to execute a contract with any drainage district created pursuant to this Section, and any such drainage district is authorized and empowered to execute and enter into a contract with any municipal corporation, parish, or water district providing water service to the resident of such drainage district, which contract may contain such terms and privileges as may be agreed upon between the parties thereto pursuant to which drainage charges imposed by such drainage district will be collected by the municipal corporation, parish, or water district, or provide for a procedure to enforce collection of drainage charges by an agreement to shut off the services of the supply of water to any premises delinquent in the payment of either its water charges or drainage charges.

D. A "parcel" as used in this Section shall mean a lot, a subdivided portion of ground, or an individual tract, except in the case where the home and grounds of a property owner which constitute his principal residence and serve as his domicile comprise two or more adjoining parcels, such parcels shall be considered as one parcel.

Acts 1987, No. 716, §1, eff. July 16, 1987.
La. Rev. Stat. § 38:1 — LA Code / Code revised-statutes / Title 38 / Section 1
Department of public works; domicile; service of process; powers
Status: in_force

The department of public works is hereby created and is hereby declared to be and continued as a body politic and corporate. The domicile of the department of public works is the city of Baton Rouge, and service of citation and other service of process shall be made by handing the citation and other process to the director or the chief engineer. The department may acquire, own, administer, alienate and otherwise dispose of all kinds of property, movable and immovable, tangible or intangible; contract; adopt, alter or destroy an official seal; sue and be sued and implead and be impleaded; provided, however, that the authorization to sue and to be sued shall not authorize suits against the department for recovery of damages ex delicto.

Amended by Acts 1970, No. 117, §1.
La. Rev. Stat. § 38:2752 — LA Code / Code revised-statutes / Title 38 / Section 2752
Board as political agency; purpose
Status: in_force

The board shall be a political agency of the state of Louisiana and, subject to the limitations and restrictions set out in this Part, shall have authority to establish, maintain and protect a favorable level of fresh water in Bayou DeSiard and Bayou Bartholomew Cut-Off Loop in Townships 18, 19 and 20 North, Ranges 3 and 4 East, in the Parishes of Ouachita and Morehouse, state of Louisiana, to be available for all beneficial uses and purposes.

Added by Acts 1962, No. 308, §2.
La. Rev. Stat. § 38:1617 — LA Code / Code revised-statutes / Title 38 / Section 1617
Contest of legality of district
Status: in_force

Any interested person desiring to contest the legality of any drainage district created under this Part shall do so by suit against the drainage district brought in the district court of the domicile of the district within sixty calendar days from the date of the second publication or of the date of the last posting of the ordinance creating the district as herein provided. No right to bring any contest shall exist and no court shall have jurisdiction to entertain any such contest after the lapse of sixty days.

If no contest is filed within the sixty days, it shall be conclusively presumed that in every particular the drainage district was regularly and legally created, and that all lands embraced within the boundaries of the district are properly and legally included therein.

Any contest brought under the provisions of this section shall be tried summarily and by preference over all other cases and without the intervention of a jury. Appeal may be had as in other cases and shall be heard and determined in a summary manner.
La. Rev. Stat. § 38:2225.3 — LA Code / Code revised-statutes / Title 38 / Section 2225.3
Public works; prohibited agreements; exceptions
Status: in_force

A. The state shall not let any contract for a public work project with any person that is to be administered by or paid for, in whole or in part, with state funds, under which the person is to construct a building or other structure which, upon completion, is to be purchased or leased by the state or leased with an option to purchase upon termination of the lease by the state.

B. No political subdivision of the state shall let any contract for a public work project with any person that is to be administered by or paid for, in whole or in part, with the political subdivision's funds, under which the person is to construct a building or other structure which, upon completion, is to be purchased or leased by the political subdivision or leased with an option to purchase upon termination of the lease by the political subdivision.

C. The provisions of this Section shall not apply to any activities or contracts involving the following entities:

(1) Activities of the Correctional Facilities Corporation pursuant to Chapter 17-B of Title 39 of the Louisiana Revised Statutes of 1950.

(2) Activities of the Louisiana Office Building Corporation pursuant to Chapter 17-C of Title 39 of the Louisiana Revised Statutes of 1950.

(3) Activities of the Office Facilities Corporation pursuant to Chapter 17-D of Title 39 of the Louisiana Revised Statutes of 1950.

(4) Contacts executed under provisions of the Louisiana Corrections Private Management Act as provided in Chapter 17-E of Title 39 of the Louisiana Revised Statutes of 1950.

D. The division of administration shall promulgate rules and regulations to provide policies and procedures governing the design, construction, and letting of contracts for public works by agencies in the executive branch using a methodology in which public work is completed by the person and then leased or purchased by the state agency upon completion of the work or leased by the agency with an option to purchase upon termination of the lease.

Acts 2004, No. 361, §1, eff. June 21, 2004.
La. Rev. Stat. § 38:2319 — LA Code / Code revised-statutes / Title 38 / Section 2319
Short title
Status: in_force

This Part shall be known as the Local Government Equipment-Lease-Purchase Act.

Acts 1985, No. 758, §1, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:3104 — LA Code / Code revised-statutes / Title 38 / Section 3104
Relocation payments
Status: in_force

A. Payments for actual expenses: As part of the cost of construction the agency may compensate a displaced person for:

(1) his actual and reasonable expenses in moving himself, his family, his business, or his farm operation, or other personal property.

(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency and

(3) actual reasonable expenses in searching for a replacement business or farm.

B. Alternative payments (dwellings): In the alternative the agency may pay to any displaced person, who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by Subsection (A) of this section:

(1) A moving expense allowance, determined according to a schedule established by the head of the agency not to exceed three hundred dollars;

(2) A dislocation allowance in the amount of two hundred dollars.

C. Alternative payments (business and farm operations): In the alternative, the agency may pay to any displaced person, who moves or discontinues his business or farm operations, who elects to accept the payment authorized by this section in lieu of the payment authorized by Subsection (A) of this section, a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, but not less than twenty-five hundred dollars nor more than ten thousand dollars. In the case of a business, no payment shall be made under this subsection unless the agency is satisfied that the business (a) cannot be relocated without a substantial loss of its existing patronage, and (b) is not part of a commercial enterprise having at least one other establishment, not being acquired by the state or by the United States, which is engaged in the same or similar business. For purposes of this subsection, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation, before federal and state income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of the agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such two year periods. To be eligible for the payment authorized by this subsection, the business or farm operation must make its federal and state income tax returns available and its financial statements and accounting records available for audit for confidential use to determine the payment authorized by this subsection.

Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.
La. Rev. Stat. § 38:212 — LA Code / Code revised-statutes / Title 38 / Section 212
Attempt to cut or destroy levee prohibited
Status: in_force

No person shall wilfully and maliciously attempt to cut, alter, break, or destroy in any manner any public or private levee, embankment, floodwall, floodgate, or other flood protective device within a levee district or cause to open when officially closed or cause to close when officially opened, any floodgate, stoplog structure, valve or other flood protective device made for protection from overflow.

Whoever violates this Section shall be fined not more than three thousand dollars or imprisoned at hard labor for not more than two years.

Amended by Acts 1976, No. 137, §2.
La. Rev. Stat. § 38:330.8 — LA Code / Code revised-statutes / Title 38 / Section 330.8
Funding; appropriations
Status: in_force

A. An authority or levee district within the territorial jurisdiction of an authority, for the purpose of constructing and maintaining levees, levee drainage, flood protection, hurricane flood protection, or for any other purpose incidental thereto, or for any other purpose related to its authorized powers and functions as specified by law, may levy or increase a tax. Any such levy or increase shall be subject to voter approval if and as required by Section 38.1 or 39 of Article VI of the Constitution of Louisiana except as provided by Section 23 of Article VII of the Constitution of Louisiana.

B.(1) Proceeds from taxes levied and collected pursuant to this Subsection shall be used only as provided in the tax proposition if a proposition is required and only within the authority or district in which the tax is levied.

(2)(a) The proceeds from the annual ad valorem taxes levied by the Orleans Levee District and the Algiers Levee District shall be delivered by the tax collector for Orleans Parish to each respective district.

(b) From the first proceeds of such taxes received by the Orleans Levee District and the Algiers Levee District, provision shall be made and all funds necessary shall be set aside by each respective district for the payment of all debt service or other requirements due on all outstanding bonds, notes, or other evidences of indebtedness of each respective district during such calendar year, in accordance with the terms of such instruments and the resolutions and agreements providing for their issuance and security.

NOTE: Subparagraph (c) expired on December 31, 2012.

(c) After the payments made by the Orleans Levee District under Subparagraph (b) of this Paragraph:

(i) Seven hundred thousand dollars shall be paid to the Non-Flood Protection Asset Management Authority on or before the thirtieth day of July beginning in the year 2011 and on or before the fifteenth day of April thereafter to be used for the operation and maintenance of Lakeshore Drive.

(ii) Sufficient funds shall be allocated for purposes of maintaining an Orleans Levee District police force to be made up of not less than twenty-four police officers who shall provide security for Lakeshore Drive and other flood assets located within the jurisdiction of the Orleans Levee District.

(iii) The provisions of Subparagraph (c) of this Paragraph shall expire on December 31, 2012.

(3) The tax proceeds received by the Southeast Louisiana Flood Protection Authority-West Bank pursuant to Paragraph (2) of this Subsection shall be used for the operation and maintenance of levees and for other flood control activities in the West Bank of Orleans Parish.

(4) In addition to the taxing authority authorized by Article VI, Section 39(A) and (B) of the Constitution of Louisiana and other applicable provisions of law, the district shall have the same taxing authority as the Orleans Levee District on July 12, 2007, to include but not limited to the taxing authority authorized by Article VI, Section 39(A) and (B) and Article VII, Section 23 of the Constitution of Louisiana, and the Special Levee Improvement Tax reauthorized by the Special Election held in Orleans Parish on November 19, 1983.

C. An authority may seek, accept, and expend funds from any source, including private business, industry, foundations, and other groups as well as any federal or other governmental funding available for any of the purposes set forth in Subsection A of this Section.

D. Notwithstanding any other provision of law to the contrary, taxes and other revenues generated in one or more levee districts within the jurisdiction of a levee authority may be used within any portion of the territorial jurisdiction of the authority if use of the funds will benefit all or a portion of the authority and the levee districts from which the taxes and revenues are generated.

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2007, No. 475, §1, eff. July 12, 2007; Acts 2008, No. 220, §11, eff. June 14, 2008; Acts 2011, No. 363, §1, eff. June 29, 2011; Acts 2012, No. 472, §1, eff. June 1, 2012; Acts 2021, No. 90, §1.
La. Rev. Stat. § 38:1807 — LA Code / Code revised-statutes / Title 38 / Section 1807
St. Tammany subdrainage districts
Status: in_force

A. The governing authority of the parish of St. Tammany is hereby authorized to create subdrainage districts within the boundaries of drainage districts situated within St. Tammany Parish. All of the land in any subdrainage district shall be contiguous.

B. The governing authority of each such sub-drainage district shall be composed of a five member commission appointed by the governing authority for five year terms. Commissioners shall be domiciled within the boundary of the sub-district.

C. Any sub-drainage district created hereunder shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct and acquire and operate and maintain projects, works, improvements and equipment to improve and facilitate drainage within such district and which shall include, but without limitation, the authority to construct projects for the drainage of lands in the district by the construction, improvement, extension, renewal and/or replacement of drainage facilities, including canals, ditches, pumps, levees and related buildings, machinery, rights-of-way and sites. Each district is also granted and shall have all powers necessary or convenient for the carrying out of such purposes including, but without limiting the foregoing provisions of this Section, the following rights and powers:

(1) To acquire, purchase, lease as lessee and hold and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of such district, and to sell, lease, transfer and dispose of any property or interest therein at any time acquired by it.

(2) To acquire by purchase, lease as lessee or otherwise and to construct, improve, maintain, repair and operate improvements, equipment, or facilities which it deems necessary or convenient to carry out its purposes.

(3) To enter into agreements of any nature with any person or persons, corporations, association or other entity, including public corporations, political subdivisions, municipalities, the United States government and agencies thereof, the state of Louisiana or any of its agencies, or any combination thereof, or with instrumentalities of every kind, for the operation and maintenance of all or any part of the properties, improvements, equipment, and facilities of the district.

(4) To make and enter into contracts, conveyances, mortgages, deeds or trusts, bonds, and leases in the carrying out of its purposes.

(5) To let contracts for the construction, acquisition, maintenance, and operation of property, improvements, and facilities of a district incident to the carrying out of the purposes of such district.

(6) To fix, maintain, collect, and revise rates and charges for the improvements, equipment, or facilities of the district and the services rendered thereby.

(7) To fund the revenues derived from said improvements, equipment, and facilities into revenue bonds in accordance with the provisions of Part XIII, Chapter 4 of Title 39* of the Louisiana Revised Statutes of 1950.

(8) To make bylaws for the management and regulation of its affairs.

(9) To cooperate and contract with the government of the United States or any department or agency thereof and with the state of Louisiana or any political subdivision, department, or agency thereof and to accept gifts, grants, and donations of property and money therefrom or from any other source.

(10) To cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of such district for the construction, operation, and maintenance of improvements, equipment, and facilities designed to accomplish the purpose for which such district is created on any basis including the matching of funds and by participating in projects authorized by any federal or state law as it shall see fit.

(11) To levy and collect a parcel fee, which shall not exceed five hundred dollars per parcel per year, which parcel fee shall be imposed by resolution by the governing authority of a district only after the question of the imposition of the parcel fee and the purpose, rate, and duration of the parcel fee has been approved by a majority of the votes of such district voting at an election held therein. Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. Such fee may be carried on the tax rolls of St. Tammany Parish and collected at the same time as parish ad valorem taxes. If any parcel fee is not paid when due, such district shall proceed against the parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs incurred by such district plus interest at a rate not exceeding twelve percent on the unpaid amount of the parcel fee, and in the event legal proceedings are necessary to effect collection, court costs, and reasonable attorney's fees. Provided, however, that attorney's fees shall be payable by the parcel owner if demand by the governing authority of such district has been made on the parcel owner by registered or certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand. A judgment obtained for non-payment of a parcel fee, upon being recorded in the mortgage records of St. Tammany Parish, shall prime all other liens except those for taxes and prior recorded local or special assessments. If there are one or more property mortgages on such parcel and the mortgage holder or holders have notified the tax collector in St. Tammany Parish of such recorded mortgage in accordance with the requirements of R.S. 47:2180.1, such district, prior to proceedings against such parcel for failure to pay a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee due and owing on such parcel and that such parcel fee must be paid within twenty days after the mailing of the notice or proceedings will be commenced against the parcel. Such notice shall be sent to each such mortgage holder by certified mail return receipt requested or made by personal or domiciliary service on such mortgage holder.

(12) To incur debt and issue bonds payable from an irrevocable pledge and dedication of all or a portion of the proceeds of a parcel fee, provided, however, that the question of funding said proceeds into bonds shall have been approved by a majority of the voters of such district voting at an election held therein. Such bonds may be sold at public or private sale and shall be issued pursuant to the provisions of a resolution adopted by the governing authority of such district, provided, however, the bonds shall mature over a period not to exceed the period for which the parcel fee, the proceeds of which are to be used to pay principal and interest on the bonds, is authorized. Such bonds and the income therefrom shall be exempt from taxation by the state of Louisiana and by any parish, municipality, or political subdivision thereof.

(13) To expropriate property for any necessary purposes of a district; provided, however, the district shall not have the right to expropriate mineral or mineral rights.

D. A "parcel" as used in this Section shall mean a lot, a sub-divided portion of ground, or an individual tract.

Acts 1987, No. 297, §1, eff. July 5, 1987; Acts 1988, No. 387, §1.

*R.S. 39:1011 et seq.
La. Rev. Stat. § 38:3302 — LA Code / Code revised-statutes / Title 38 / Section 3302
Board of commissioners
Status: in_force

The management and control of the district shall be vested in a board of commissioners for the Amite River Basin Drainage and Water Conservation District. The board shall have the authority to establish adequate drainage, flood control, and water resources development to include but not be limited to construction of reservoirs, diversion canals, gravity and pumped drainage systems, and other flood control works. The board of commissioners shall comprehensively manage the district as a single system.

Added by Acts 1981, No. 896, §1. Acts 1984, No. 907, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
La. Rev. Stat. § 38:3086.26 — LA Code / Code revised-statutes / Title 38 / Section 3086.26
Engineering services by Coastal Protection and Restoration Authority
Status: in_force

The Coastal Protection and Restoration Authority Board is authorized and directed to provide such engineering assistance, advice, and supervision and shall provide such requests, investigations, surveys, plans, and specifications as the board of commissioners may require. It shall be the duty of the Coastal Protection and Restoration Authority Board to provide an appropriate representative to attend meetings of the board of commissioners when such attendance is requested by the board. The board of commissioners may hire employees and fix their compensation and terms of employment as the board may determine to be necessary in order to carry out the purposes of this Part.

Acts 2003, No. 187, §1; Acts 2012, No. 495, §1.
La. Rev. Stat. § 38:305.1 — LA Code / Code revised-statutes / Title 38 / Section 305.1
Atchafalaya Basin Levee District; employment of attorney
Status: in_force

Notwithstanding any provisions of law to the contrary, the board of commissioners of the Atchafalaya Basin Levee District may employ one or more attorneys of its choice to represent it; however, such choice shall not be restricted to employment of the third assistant district attorney of the Eighteenth Judicial District of Louisiana.

Acts 1997, No. 110, §2.
La. Rev. Stat. § 38:2329 — LA Code / Code revised-statutes / Title 38 / Section 2329
Contracts with federal and state agencies
Status: in_force

The board of commissioners of the Authority in addition to the powers hereinabove set out shall have general power and authority to make and enter into all contracts, leases and agreements necessary or convenient to carry out any of the powers granted in this Chapter, which contracts, leases and agreements may be entered into with any person, real or artificial, any corporation (municipal, public or private), any government or governmental agency, including the United States of America, the State of Texas, the State of Louisiana, and the agencies, bureaus, departments and subdivisions thereof, and may contract with any one or more of the foregoing for the joint ownership, construction or operation, any or all, of any facilities or properties authorized to be acquired or operated by the Authority within its territorial jurisdiction.

Added by Acts 1950, No. 261, §8. Amended by Acts 1956, No. 432, §3.

SABINE RIVER COMPACT

Entered Into by the States of

LOUISIANA

and

TEXAS

The State of Texas and the State of Louisiana, parties signatory to this Compact (hereinafter referred to as "Texas" and "Louisiana", respectively, or individually as a "State", or collectively as the "States"), having resolved to conclude a compact with respect to the waters of the Sabine River, and having appointed representatives as follows:

For Texas: Henry L. Woodworth, Interstate Compact Commission for Texas; and John W. Simmons, President of the Sabine River Authority of Texas;

For Louisiana: Roy T. Sessums, Director of the Department of Public Works of the State of Louisiana;

And consent to negotiate and enter into the said Compact having been granted by Act of the Congress of the United States approved November 1, 1951 (Public Law No. 252; 82d Congress, First Session) [U.S.Code Cong. & Adm.Service 1951, p. 748], and pursuant thereto the President having designated Louis W. Prentiss as the representative of the United States, the said representatives for Texas and Louisiana, after negotiations participated in by the representative of the United States, have for such Compact agreed upon Articles as hereinafter set forth. The major purposes of this Compact are to provide for an equitable apportionment between the States of Louisiana and Texas of the waters of the Sabine River and its tributaries, thereby removing the causes of present and future controversy between the States over the conservation and utilization of said waters; to encourage the development, conservation and utilization of the water resources of the Sabine River and its tributaries; and to establish a basis for cooperative planning and action by the States for the construction, operation and maintenance of projects for water conservation, and utilization purposes on that reach of the Sabine River touching both States, and for apportionment of the benefits therefrom.

ARTICLE I

As used in this Compact:

(a) The word "Stateline" means the point on the Sabine River where its waters in downstream flow first touch the States of both Louisiana and Texas.

(b) The term "Waters of the Sabine River" mean the waters either originating in the natural drainage basin of the Sabine River, or appearing as streamflow in said River and its tributaries, from its headwater source down to the mouth of the River where it enters into Sabine Lake.

(c) The term "Stateline flow" means the flow of waters of the Sabine River as determined by the Logansport gauge located on the U.S. Highway 84, approximately four (4) river miles downstream from the Stateline. This flow, or the flow as determined by such substitute gauging station as may be established by the Administration, as hereinafter defined, pursuant to the provisions of Article VII of this Compact, shall be deemed the actual Stateline flow.

(d) The term "Stateline reach" means that portion of the Sabine River lying between the Stateline and Sabine Lake.

(e) The term "the Administration" means the Sabine River Compact Administration established under Article VII.

(f) The term "Domestic use" means the use of water by an individual, or by a family unit or household for drinking, cooking, laundering, sanitation, and other personal comforts and necessities; and for the irrigation of an area not to exceed one acre, obtained directly from the Sabine River or its tributaries by an individual or family unit, not supplied by a water company, water district or municipality.

(g) The term "stock water use" means the use of water for any and all livestock and poultry.

(h) The term "consumptive use" means use of water resulting in its permanent removal from the stream.

(i) The terms " 'domestic' and 'stock water' reservoir" means any reservoir for either or both of such uses having a storage capacity of fifty (50) acre feet or less.

(j) "Stored water" means water stored in reservoirs (exclusive of domestic or stock water reservoirs) or water withdrawn or released from reservoirs for specific uses and the identifiable return flow from such uses.

(k) The term "free water" means all waters other than "stored waters" in the Stateline reach including, but not limited to, that appearing as natural stream flow and not withdrawn or released from a reservoir for specific uses. Waters released from reservoirs for the purpose of maintaining stream flows as provided in Article V, shall be "free water". All reservoir spills or releases of stored waters made in anticipation of spills, shall be free water.

(l) Where the name of the State or the term "State" is used in this Compact, it shall be construed to include any person, or entity of any nature whatsoever of the States of Louisiana or Texas using, claiming, or in any manner asserting any right to the use of the waters of the Sabine River under the authority of that State.

(m) Wherever any State or Federal official or agency is referred to in this Compact, such reference shall apply equally to the comparable official or agency succeeding to their duties and functions.

ARTICLE II

Subject to the provisions of Article X, nothing in this Compact shall be construed as applying to, or interfering with, the right or power of either signatory State to regulate within its boundaries the appropriation, use and control of water, not inconsistent with its obligations under this Compact.

ARTICLE III

Subject to the provisions of Article X, all rights to any of the waters of the Sabine River which have been obtained in accordance with the laws of the States are hereby recognized and affirmed; provided, however, that withdrawals, from time to time, for the satisfaction of such rights, shall be subject to the availability of supply in accordance with the apportionment of water provided under the terms of this Compact.

ARTICLE IV

Texas shall have free and unrestricted use of all waters of the Sabine River and its tributaries above the Stateline subject, however, to the provisions of Articles V and X.

ARTICLE V

Texas and Louisiana hereby agree upon the following apportionment of the Waters of the Sabine River:

(a) All free water in the Stateline reach shall be divided equally between the two States, this division to be made without reference to the origin.

(b) The necessity of maintaining a minimum flow at the Stateline for the benefit of water users below the Stateline in both States is recognized, and to this end it is hereby agreed that:

(1) Reservoirs and permits above the Stateline existing as of January 1, 1953 shall not be liable for maintenance of the flow at the Stateline.

(2) After January 1, 1953, neither State shall permit or authorize any additional uses which would have the effect of reducing the flow at the Stateline to less than 36 cubic feet per second.

(3) Reservoirs on which construction is commenced after January 1, 1953, above the Stateline shall be liable for their share of water necessary to provide a minimum flow at the Stateline of 36 cubic feet per second; provided, that no reservoir shall be liable for a greater percentage of this minimum flow that the percentage of the drainage area above the Stateline contributing to that reservoir, exclusive of the watershed of any reservoir on which construction was started prior to January 1, 1953. Water released from Texas' reservoirs to establish the minimum flow of 36 cubic feet per second, shall be classed as free water at the Stateline and divided equally between the two States.

(c) The right of each State to construct impoundment reservoirs and other works of improvement on the Sabine River or its tributaries located wholly within its boundaries is hereby recognized.

(d) In the event that either State constructs reservoir storage on the tributaries below Stateline after January 1, 1953, there shall be deducted from that State's share of the flow in the Sabine River all reductions in flow resulting from the operation of the tributary storage and conversely such State shall be entitled to the increased flow resulting from the regulation provided by such storage.

(e) Each State shall have the right to use any main channel of the Sabine River to convey water stored on the Sabine River or its tributaries located wholly within its boundaries, downstream to a desired point of removal without loss of ownership of such stored waters. In the event that such water is released by a State through the natural channel of a tributary and the channel of the Sabine River to a downstream point of removal, a reduction shall be made in the amount of water which can be withdrawn at the point of removal equal to the transmission losses.

(f) Each State shall have the right to withdraw its share of the water from the channel of the Sabine River in the Stateline reach in accordance with Article VII. Neither State shall withdraw at any point more than its share of the flow at the point except, that pursuant to findings and determination of the Administration as provided under Article VII of this Compact, either State may withdraw more or less of its share of the water at any point providing that its aggregate withdrawal shall not exceed its total share. Withdrawals made pursuant to this paragraph shall not prejudice or impair the existing rights of users of Sabine River waters.

(g) Waters stored in reservoirs constructed by the States in the Stateline reach shall be shared by each State in proportion to its contribution to the cost of storage. Neither State shall have the right to construct a dam on the Stateline reach without the consent of the other State.

(h) Each State may vary the rate and manner of withdrawal of its share of such jointly stored waters on the Stateline reach, subject to meeting the obligations for amortization of the cost of the joint storage. In any event, neither State shall withdraw more than its pro-rata share in any one year (a year meaning a water year, October 1st to September 30th) except by authority of the Administration. All jointly stored water remaining at the end of a water year shall be reapportioned between the States in the same proportion as their contribution to the cost of the storage.

(i) Except for jointly stored water, as provided in (h) above, each State must use its apportionment of the natural stream flows as they occur and there shall be no allowance of accumulation of credits or debits for or against either State. The failure of either State to use the stream flow or any part thereof, the use of which is apportioned to it under the terms of this Compact, shall not constitute a relinquishment of the right to such use in the future; conversely, the failure of either State to use the water at the time it is available does not give it the right to the flow in excess of its share of the flow at any other time.

(j) From the apportionment of waters of the Sabine River as defined in this Article, there shall be excluded from such apportionment all waters consumed in either State for domestic and stock water uses. Domestic and stock water reservoirs shall be so excluded.

(k) Each State may use its share of the water apportioned to it in any manner that may be deemed beneficial by that State.

ARTICLE VI

(a) The States through their respective appropriate agencies or subdivisions may construct jointly or cooperate with any agency or instrumentality of the United States in the construction of works on the Stateline reach for the development, conservation and utilization for all beneficial purposes of the waters of the Sabine River.

(b) All monetary revenues growing out of any joint State ownership, title and interest in works constructed under Section (a) above, and accruing to the States in respect thereof, shall be divided between the States in proportion to their respective contributions to the cost of construction; provided, however, that each State shall retain undivided all its revenues from recreational facilities within its boundaries incidental to the use of the waters of the Sabine River, and from its severally State-owned recreational facilities constructed appurtenant thereto.

(c) All operation and maintenance costs chargeable against any joint State ownership, title and interest in works constructed under Section (a) above, shall be assessed in proportion to the contribution of each State to the original cost of construction.

ARTICLE VII

(a) There is hereby created an interstate administrative agency to be designated as the "Sabine River Compact Administration" herein referred to as "the Administration".

(b) The Administration shall consist of two members from each State and of one member as representative of the United States, chosen by the President of the United States, who is hereby requested to appoint such a representative. The United States Member shall be ex-officio chairman of the Administration without vote and shall not be a domiciliary of or reside in either State. The appointed members for Texas and Louisiana shall be designated within thirty days after the effective date of this Compact.

(c) The Texas members shall be appointed by the Governor for a term of six years; provided, however, that one of the original Texas members shall be appointed for a term to establish a half-term interval between the expiration dates of the terms of such members, and thereafter one such member shall be appointed each three years for the regular term. The Louisiana members shall be residents of the Sabine Watershed and shall be appointed by the Governor for a term of four years, which shall run concurrent with the term of the Governor. Each State member shall hold office subject to the laws of his State or until his successor has been duly appointed and qualified.

(d) Interim vacancy, for whatever cause, in the office of any member of the Administration shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.

(e) Within sixty days after the effective date of this Compact, the Administration shall meet and organize. A quorum for any meeting shall consist of three voting members of the Administration. Each State member shall have one vote, and every decision, authorization, determination, order or other action shall require the concurring votes of at least three members.

(f) The Administration shall have power to:

(1) Adopt, amend and revoke by-laws, rules and regulations, and prescribe procedures for administration of and consistent with the provisions of this Compact;

(2) Fix and determine from time to time the location of the Administration's principal office;

(3) Employ such engineering, legal, clerical and other personnel, without regard to the civil service laws of either State, as the Administration may determine necessary or proper to supplement State-furnished assistance as hereinafter provided, for the performance of its functions under this Compact; provided, that such employees shall be paid by and be responsible to the Administration and shall not be considered to be employees of either State;

(4) Procure such equipment, supplies and technical assistance as the Administration may determine to be necessary or proper to supplement State furnished assistance as hereinafter provided, for the performance of its functions under this Compact;

(5) Adopt a seal which shall be judicially recognized.

(g) In cooperation with the chief official administering water rights in each State and with appropriate Federal agencies, the Administration shall have and perform powers and duties as follows:

(1) To collect, analyze, correlate, compile and report on data as to water supplies, stream flows, storage, diversions, salvage and use of the waters of the Sabine River and its tributaries, and as to all factual data necessary or proper for the administration of this Compact;

(2) To designate as official stations for the administration of this Compact such existing water gauging stations (and to operate, maintain, repair and abandon the same), and to locate, establish, construct, operate, maintain, repair and abandon additional such stations, as the Administration may from time to time find and determine necessary or appropriate;

(3) To make findings as to the deliveries of water at Stateline, as hereinabove provided, from the streamflow records of the Stateline gauge which shall be operated and maintained by the Administration or in cooperation with the appropriate Federal Agency, for determination of the actual Stateline flow unless the Administration shall find and determine that, because of changed physical conditions or for any other reason, reliable records are not obtainable thereafter; in which case such existing Stateline station may with the approval of the Administration be abandoned and, with such approval, a substitute Stateline station established in lieu thereof;

(4) To make findings as to the quantities of reservoir storage (including joint storage) and releases therefrom, diversion, transmission losses and as to incident streamflow changes, and as to the share of such quantities chargeable against or allocable to the respective States;

(5) To record and approve all points of diversion at which water is to be removed from the Sabine River or its tributaries below the Stateline; provided that, in any case, the State agency charged with the administration of the water laws for the State in which such point of diversion is located shall first have approved such point for removal or diversion; provided further that any such point of removal or diversion once jointly approved by the appropriate State agency and the Administration, shall not thereafter be changed without the joint amendatory approval of such State agency and the Administration;

(6) To require water users at their expense to install and maintain measuring devices of approved type in any ditch, pumping station or other water diversion works on the Sabine River or its tributaries below the Stateline, as the Administration may determine necessary or proper for the purposes of this Compact; provided that the chief official of each State charged with the administration of water rights therein shall supervise the execution and enforcement of the Administration's requirements for such measuring devices;

(7) To investigate any violation of this Compact and to report findings and recommendations thereon to the chief official of the affected State charged with the administration of water rights, or to the Governor of such State as the Administration may deem proper;

(8) To acquire, hold, occupy and utilize such personal and real property as may be necessary or proper for the performance of its duties and functions under this Compact;

(9) To perform all functions required of the Administration by this Compact, and to do all things necessary, proper or convenient in the performance of its duties hereunder.

(h) Each State shall provide such available facilities, supplies, equipment, technical information and other assistance as the Administration may require to carry out its duties and function, and the execution and enforcement of the Administration's order shall be the responsibility of the agents and officials of the respective States charged with the administration of water rights therein. State officials shall furnish pertinent factual and technical data to the Administration upon its request.

(i) Findings of fact made by the Administration shall not be conclusive in any court or before any agency or tribunal but shall constitute prima facie evidence of such facts.

(j) In the case of a tie vote on any of the Administration's determinations, orders or other actions subject to arbitration, then arbitration shall be a condition precedent to any right of legal action. Either side of a tie vote may, upon request, submit the question to arbitration. If there shall be arbitration, there shall be three arbitrators: one named in writing by each side, and the third chosen by the two arbitrators so elected. If the arbitrators fail to select a third within ten days, then he shall be chosen by the Representative of the United States.

(k) The salaries, if any, and the personal expenses of each member of the Administration, shall be paid by the Government which he represents. All other expenses incident to the Administration of this Compact and which are not paid by the United States shall be borne equally by the States. Ninety days prior to the Regular session of the Legislature of either State, the Administration shall adopt and transmit to the Governor of such State for his approval, its budget covering anticipated expenses for the forthcoming biennium and the amount thereof payable by such State. Upon approval by its Governor, each State shall appropriate and pay the amount due by it to the Administration. The Administration shall keep accurate accounts of all receipts and disbursements and shall include a statement thereof, together with a certificate of audit by a certified public accountant, in its annual report. Each State shall have the right to make an examination and audit of the accounts of the Administration at any time.

(l) The Administration shall, whenever requested, provide access to its records by the Governor of either State or by the chief official of either State charged therein with the administration of water rights. The Administration shall annually on or before January 15th of each year make and transmit to the Governors of the signatory States, and to the President of the United States, a report of the Administration's Activities and deliberations for the preceding year.

ARTICLE VIII

(a) This Compact shall become effective when ratified by the Legislature and approved by the Governors of both States and when approved by the Congress of the United States.

(b) The provisions of this Compact shall remain in full force and effect until modified, altered or amended in the same manner as hereinabove required for ratification thereof. The right so to modify, alter or amend this Compact is expressly reserved. This Compact may be terminated at any time by mutual consent of the signatory States. In the event this Compact is terminated as herein provided, all rights then vested hereunder shall continue unimpaired.

(c) Should a court of competent jurisdiction hold any part of this Compact to be contrary to the constitution of any signatory State or of the United States of America, all other severable provisions of this Compact shall continue in full force and effect.

ARTICLE IX

This Compact is made and entered into for the sole purpose of effecting an equitable apportionment and providing beneficial uses of the waters of the Sabine River, its tributaries and its watershed, without regard to the boundary between Louisiana and Texas, and nothing herein contained shall be construed as an admission on the part of either State or any agency, commission, department or subdivision thereof, respecting the location of said boundary; and neither this Compact nor any data compiled for the preparation or administration thereof shall be offered, admitted or considered in evidence, in any dispute, controversy or litigation bearing upon the matter of the location of said boundary.

The term "Stateline" as defined in this Compact shall not be construed to define the actual boundary between the State of Texas and the State of Louisiana.

ARTICLE X

Nothing in this Compact shall be construed as affecting, in any manner, any present or future rights or powers of the United States, its agencies, or instrumentalities in, to and over the waters of the Sabine River Basin.

In Witness Whereof, the Representatives have executed this Compact in three counterparts hereof, each of which shall be and constitute an original, one of which shall be forwarded to the Administrator, General Services Administration of the United States of America and one of which shall be forwarded to the Governor of each State.

Acts 1974, No. 625, ratified by Congress in the Reclamation Projects Authorization and Adjustments Act of 1992 (PL 102-575, Title 12, §§1201-1203) signed by the president on Oct. 30, 1992; Acts 1988, No. 471.
La. Rev. Stat. § 38:3087.97 — LA Code / Code revised-statutes / Title 38 / Section 3087.97
Powers of the board
Status: in_force

A. In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, acquire by donation, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it to properly carry out the purposes for which it is created.

(2) Acquire servitudes and rights of use by purchase, by donation, and by assignment for the district or otherwise.

(3) Assist in conserving soil and water and in developing the water resources of the district, provided nothing shall be done to interfere with districts or municipalities previously organized under Louisiana law.

(4) Cooperate with the state Department of Transportation and Development and other state agencies in the maintenance or improvement and the construction of any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct any ditch, channel improvement, dike, dam, or levee, and repair, improve, and maintain any of said improvements or structures.

(5) Manage and control the water level and growth of aquatic plants in the lakes.

(6) Employ and hire secretarial, clerical, and other such personnel as may be necessary in the operation of the business of the district and fix their compensation; employ engineers, attorneys, and other professional personnel as necessary and fix their compensation.

(7) Levy taxes, issue bonds, and incur indebtedness within the limitations prescribed by the constitution and laws of Louisiana, and in the manner prescribed thereby.

(8) Cooperate and contract with persons, firms, associations, partnerships, private corporations, cities of this state, or other public corporations, and with any other local, state, and governmental agencies for the sale or use of any waters impounded by the district.

(9) Grant franchises to telephone, telegraph, cable, and electric power companies and grant franchises for the purposes of laying gas, sewer, electricity, or other utilities to supply the inhabitants or any person or corporation with gas, water, sewerage, and electricity, when such construction is within the district. Nothing contained in this Part shall affect the vested rights of any corporation which pursuant to R.S. 45:781(A), has constructed, and maintains and operates telegraph, telephone, and other lines for the transmission of intelligence prior to August 15, 1995.

(10) Appoint, hire, designate, and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by said commission.

(11) Do and perform any and all things necessary or incidental to the fulfillment of the purposes for which the district is created.

B. The Lake Bruin Recreation and Water Conservation District may have, with respect to the improvements and maintenance of the district, the advice of the Department of Transportation and Development, and it may request from time to time the assistance of the department to make such surveys, inspections, and investigations, render such reports, estimates, and recommendations, and furnish such plans and specifications as the board of commissioners of said district may request.

C. The district is hereby authorized to incur debt for any one or more of its lawful purposes, to issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and to provide for the security and payment thereof as follows:

(1) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction, and maintenance costs and expenses of the district, which certificates shall be payable in principal and interest from any available income, revenues, fees, or taxes pledged to their payment by the district.

(2) To issue bonds substantially in the manner set forth in Article VI of the Constitution of Louisiana, and other authority supplemental thereto, particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the district sufficient to pay such bonds in principal and interest, when approved by vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine. However, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten percent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment roll of record in Tensas Parish.

(3) The district shall have additional authority to levy taxes under the provisions of Article VI, Section 32 of the Constitution of Louisiana, for the purpose of improving, operating, and maintaining its facilities, provided any such tax shall first be approved at an election held for said purpose in accordance with the Louisiana Election Code.

(4) The copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessor of Tensas Parish on or before the first of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessor to assess the tax and extend the same upon the tax rolls of the parish. The tax shall be collected by the sheriff and ex officio tax collector of Tensas Parish in the same manner as taxes levied by the parish. Taxes assessed shall constitute the same liens upon the property assessed, shall bear the same penalties, and collection thereof shall be enforced in the same manner and at the same time as parish taxes.

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:1674.8 — LA Code / Code revised-statutes / Title 38 / Section 1674.8
Sale of certificates; disposition of funds
Status: in_force

The board of commissioners issuing such drainage certificates may by resolution empower and authorize its president and its secretary to negotiate and deliver such drainage certificates and collect the purchase price thereof and do any and all things necessary and incidental thereto, and the funds derived from the sale of the said certificates shall be expended solely in payment of the costs of the improvements herein authorized, and shall not be drawn upon for any other purpose whatsoever.

Added by Acts 1962, No. 144, §1.
La. Rev. Stat. § 38:2225.2.1 — LA Code / Code revised-statutes / Title 38 / Section 2225.2.1
Design-build contracts; authorized use by certain public entities in areas damaged by Hurricane Katrina, Hurricane Rita, or both
Status: in_force

A.(1) Notwithstanding any law to the contrary, the following public entities may use the design-build method in the construction or repair of any public building or structure which has been destroyed or damaged by Hurricane Katrina, Hurricane Rita, or both, or any public building or structure to be constructed or repaired to meet a homeland security or criminal justice need pursuant to a hurricane recovery plan: the division of administration, the Recovery School District, the Orleans Parish School Board, the city of New Orleans, the Sewerage and Water Board of New Orleans, sheriffs, housing authorities, and parish governments in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany, and Vermilion parishes and the Port of New Orleans.

(2) Whenever the governing authority of the public entity resolves to construct or repair any public building or structure using the design-build method as authorized by Paragraph (1) of this Subsection, it shall adopt a list of projects under which design-build contracts will be utilized; and adopt the selection process promulgated by the division of administration, office of facility planning and control, specifying the selection process for the awarding of a design-build contract in compliance with the provisions of this Section.

(3) For the purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.

(4) Except as provided in Paragraphs (5) and (6) of this Subsection, the authority to use the design-build method shall extend for six years from July 10, 2007, after which time only those projects that were contracted for prior to that date may proceed.

(5) The authority to use the design-build method shall extend for seven years from July 10, 2007, for the following schools, after which time only those projects that were contracted prior to that date may proceed:

(a) Edna Karr High School.

(b) G. W. Carver High School.

(c) Martin Behrman High School.

(d) Sherwood Forest Elementary School.

(e) Paul B. Habans Elementary School.

(6) The authority to use the design-build method shall extend for eight years from July 10, 2007, for the Sewerage and Water Board of New Orleans, in a power plant not to exceed thirty million four hundred thousand dollars, after which time only those projects that were contracted prior to that date may proceed.

B. Every design-builder shall be duly licensed and registered to do business in the state of Louisiana as either an architect, an engineer, or a general contractor. Each design-builder shall have the following rights and powers:

(1) The design-builder may sublet responsibility for professional design services to an individual, firm, or corporation duly licensed and registered in the state of Louisiana to provide professional design services.

(2) The design-builder may sublet responsibility for construction or other services requiring a contractor's or trade subcontractor's license to persons or entities duly registered, licensed, or otherwise qualified to provide those services as required by law.

C. Prior to letting any such contract, the governing authority of the public entity shall adopt an ordinance adopting procedures promulgated by the division of administration, office of facility planning and control, establishing procedures for developing plans, specifications, qualifications, and other matters pertaining to procedures for advertising, reviewing and selecting design-builders, and letting such design-build contracts for public work as specified in Paragraph (A)(2) of this Section.

D. The procedures promulgated by the division of administration, office of facility planning and control, provided for in Subsection C of this Section shall include, at a minimum, the following provisions:

(1) Requirements that:

(a) All engineering and surveying firms providing design and design related services with the design-builder to which the design-build contract is awarded shall be licensed to perform these services by the Louisiana Professional Engineering and Land Surveying Board.

(b) All architectural firms providing design services with the design-builder to which the design-build contract is awarded shall be licensed to perform the services by the Louisiana Board of Architectural Examiners.

(c) All contractors performing construction work for the design-build program shall be licensed by the State Licensing Board for Contractors.

(2) A two stage selection process that will utilize a request for qualifications graded and judged by a primary evaluation committee and a request for technical proposals graded and judged by a separate technical review committee shall be used to select the design-builder and shall include the following specific provisions:

(a)(i) Public announcement procedures for solicitation of interested design-build competitors and a procedure for requesting letters of interest and statements of qualifications from qualified firms or teams.

(ii) Such public announcement procedures shall include a requirement for advertisement in the Daily Journal of Commerce, the Baton Rouge Advocate, the New Orleans Times-Picayune, the Shreveport Times, the Monroe News Star, the Lake Charles American Press and by appearance on the internet home page of the political subdivision, if any.

(iii) All notices of intent to select design-build contractors shall be advertised a minimum of thirty days prior to the deadline for receipt of responses and shall contain a brief description of the project, the required scope of services, and sufficient information for design-build entities to determine their interest.

(b) These decisions shall be made on the basis of the criteria set forth in this Subsection. Members of the technical review committee shall not have served as members of the primary evaluation committee. Each member of the technical review committee shall score assigned elements. Such scores shall be considered public record.

(3) The public entity shall provide a request for a qualifications package to design-builders who submit a letter of interest. All required information shall be identified in the request for qualifications package and in the standard response forms. The response to a request for qualifications package shall include statements of qualification by credentials and experience of design component members for the areas of expertise specific to the project and statements of qualification by experience and resources of the construction team component. The completed response form and any other required information shall be transmitted by the responding design-builder by the deadline to submit such forms and information as provided in the request for qualifications package. Any response failing to meet all of the requirements contained in the request for qualifications package shall not be considered. False or misrepresented information furnished in response to a request for qualifications package shall be grounds for rejection.

(4)(a) A primary design-build evaluation committee shall evaluate the responses to the request for qualifications package received by the department. The following general criteria used by the primary evaluation committee in evaluating responses to the request for qualifications package for design-build services shall apply to both the design and construction components of any responding entity:

(i) Professional training and experience of both the design and construction entity components and of key personnel in general and as related to the project under consideration.

(ii) Capacity for timely completion of the work.

(iii) Past performance on public projects or projects of a similar nature to the project described in the notice of intent.

(iv) The quantity and value of public entity work awarded to both the design and construction entity components.

(v) Any project-specific criteria as may apply to project needs.

(b) The primary design-build evaluation committee shall consist of a minimum of three members designated by the head of the public entity according to the rules established pursuant to this Subsection.

(c) The primary evaluation committee shall evaluate the qualifications of responding design-builders on the basis of the criteria set forth in this Subsection and the rules established pursuant to this Subsection and shall select a short list of not fewer than three of the highest rated entities; however, if fewer than three responses are received, the head of the public entity may approve proceeding with the design-build process. The primary evaluation committee may, at its discretion, be assisted by other public entity personnel in its evaluation of a design-builder's qualifications. The primary design-build evaluation committee shall present its short list to the head of the public entity. The short-listed design-builders shall be invited to submit a detailed technical proposal for the design-build project. The invitation to the short-listed entities shall specify a deadline for submission of such proposals.

(5)(a) The specific requirements of the technical proposal shall be identified by the public entity to the design-builders making the short list by means of a "Scope of Services Package". Generally, the technical proposal shall include discussions of design strategy and preliminary design concepts, space standards, space planning, fundamental requirements, quality standards, capacities, other design related issues, materials, the schedule for commencement and completion of all phases of work, and a lump sum cost for all services in fulfillment of the requirements and within the constraints of the "Scope of Services Package".

(b) For more complex projects and projects with scopes which permit flexibility and innovation in the design approach, the public entity may compensate unsuccessful and responsive short-listed entities for the expense of preparing the technical proposal. The determination of whether or not compensation will be paid for the technical proposal and the amount shall be predetermined by the public entity and shall be included in the scope of services package. The public entity may use concepts submitted by any paid short-listed design-builder in the construction of the project.

(6) A technical review committee for evaluation of design-build proposals shall be established according to the rules established pursuant to this Subsection. This committee shall be made up of building construction professionals as defined in the rules established pursuant to this Subsection. The technical review committee shall identify specific technical elements of the project, depending on the characteristics of the project, to be included in the technical score. The technical review committee may select additional engineering, architectural and technical experts, and nationally recognized design-build experts to serve as committee members to score each technical element of the project.

(a) An adjusted score approach shall be used by the public entity in determining the winning proposal. An adjusted score shall be determined using the following components:

(i) The technical score determined by the technical review committee. Weighing factors may be assigned to each element depending on its relative magnitude or significance to the overall project. Each technical review committee member shall rate his assigned element of the proposal from each of the design-builders on the short list and shall submit such scores to the chairman of the technical review committee. The schedule and price bid shall not be made known to the technical review committee during the scoring process. The chairman of the technical review committee shall adjust the scores for any applicable weighing factors and shall determine the total technical score for each proposal. Prior to determining the adjusted score, the chairman of the technical review committee shall notify each design-builder, in writing, of each design-builder's final total technical score.

(ii) The time value, consisting of the product of the proposed contract time expressed in calendar days multiplied by the value-per-calendar-day expressed in dollars established by the public entity and included in the "Scope of Services Package".

(iii) The price proposal.

(b) The winning proposal shall be the proposal with the lowest adjusted score. The adjusted score for each entity's design-build proposal shall be determined by the following formula: Adjusted Score = (Price Bid + Time Value) divided by Technical Score. Use of the Time Value is not mandatory and if it is not used, the Adjusted Score shall be determined by the following formula: Adjusted Score = Price Bid divided by Technical Score.

(7) Design-builders who have submitted bona fide proposals may, within seven days of the announcement of the award, challenge the award based on any of the foregoing reasons, and only those reasons, by submitting a letter to the head of the public entity describing in detail the reasons for the challenge. The head of the public entity shall have the authority to resolve any challenge concerning the award of a contract. A written decision shall be rendered within fourteen days and shall be mailed or otherwise furnished immediately to the design-builder making the challenge. The decision shall be final and conclusive unless:

(a) The decision is fraudulent; or

(b)(i) If the public entity is a state entity, the person adversely affected by the decision has timely appealed to the court in accordance with R.S. 39:1691(A).

(ii) If the public entity is a nonstate entity, the person adversely affected by the decision has timely appealed to the court of proper venue for the public entity.

E. Once the design-builder has been chosen and a contract for a stipulated schedule and sum certain price is executed, the price of the design-build contract shall not be increased other than for inflation as prescribed in the contract and for site or other conditions of which the design-builder had no knowledge and should not have had knowledge as a reasonable possibility existing at the site or concerning the design and construction.

F. The provisions of this Section shall supersede any conflicting provisions of any other law, including but not limited to the requirements of Chapter 10 of this Title.

Acts 2007, No. 373, §1, eff. July 10, 2007; Acts 2009, No. 184, §1, eff. June 29, 2009; Acts 2010, No. 819, §1; Acts 2011, No. 170, §1; Acts 2012, No. 354, §1, eff. July 1, 2012; Acts 2012, No. 777, §1, eff. June 12, 2012; Acts 2013, No. 321, §1, eff. July 1, 2013.
La. Rev. Stat. § 38:2225.2.6 — LA Code / Code revised-statutes / Title 38 / Section 2225.2.6
Design-build contracts; authorized use by airports; air traffic control tower and hangar
Status: in_force

A. Notwithstanding any other provision of law to the contrary, a public airport may use the design-build project delivery method to contract for construction and design-build of an air traffic control tower or hangar development and redevelopment project when deemed in the public interest, beneficial to the entity, and in accordance with the procedures set forth by law.

B. The following are considerations for using the design-build delivery method:

(1) Collaboration and cost control.

(2) Concurrent execution of design and construction.

(3) Complex project with a restrictive time frame.

(4) Public entity, designer, and contractor with mutual project goals.

(5) Risk identification controlled by entity.

(6) Minimization of the risk of construction and design disputes by using a collaborative process.

C.(1) For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.

(2) Every design-builder shall be duly licensed and registered to do business in the state of Louisiana as either an architect, an engineer, or a general contractor. Each design-builder shall have the following rights and powers:

(a) The design-builder may sublet responsibility for professional design services to an individual, firm, or corporation duly licensed and registered in the state of Louisiana to provide design services.

(b) The design-builder may sublet responsibility for construction or other services requiring a contractor's or trade subcontractor's license to persons or entities duly registered, licensed, or otherwise qualified to provide those services as required by law.

D. Prior to any submittal of a proposal on a design-build project, the following requirements shall be met:

(1)(a) All engineering and surveying firms providing design and design-related services with the design-builder to which the design-build contract is awarded shall be licensed to perform those services by the Louisiana Professional Engineering and Land Surveying Board.

(b) All architectural firms providing design services with the design-builder to which the design-build contract is awarded shall be licensed to perform those services by the Louisiana State Board of Architectural Examiners or the Louisiana Horticulture Commission.

(c) All contractors performing construction work for the design-build contract shall be licensed by the Louisiana State Licensing Board for Contractors.

(2) A two-stage selection process that will utilize a request for qualifications graded and judged by a primary evaluation committee and a request for technical proposals graded and judged by a separate technical review committee shall be used to select the design-builder and shall include the following specific provisions:

(a)(i) Public announcement procedures for the solicitation of interested design-build competitors and a procedure for requesting letters of interest and statements of qualifications from qualified firms or teams.

(ii) Public announcement procedures shall include a requirement for the advertisement in the official journal of the municipality in which the project is to take place.

(iii) All notices of intent to select design-build contractors shall be advertised a minimum of thirty days prior to the deadline for receipt of responses and shall contain a brief description of the project, the required scope of services, the members of the primary evaluation committee, and sufficient information for design-build entities to determine their interest.

(b) Decisions by the primary evaluation committee shall be made on the basis of the criteria set forth in this Subsection. Members of the primary evaluation committee may serve as members of the technical review committee. Each member of the technical review committee shall score assigned elements. Scores shall be considered public information.

(3) The airport shall provide a request for a qualifications package to design-builders who submit a letter of interest. All required information shall be identified in the request for qualifications package and in standard response form. The response to a request for qualifications package shall include statements of qualifications. The completed response form and any other required information shall be transmitted by the responding design-builder by the deadline to submit forms and information as provided in the request for qualifications package. Any response failing to meet all of the requirements contained in the request for qualifications package shall not be considered. False and misrepresented information furnished in response to a request for qualifications package shall be grounds for rejection.

(4)(a) The primary evaluation committee shall evaluate the responses to the request for qualifications package received by the airport. The following general criteria used by the primary evaluation committee in evaluating responses to the request for qualifications package for design-build services shall apply to both the design and construction components of any responding entity:

(i) Professional training and experience of both the design and construction entity components and of key personnel in general and as related to the project under construction.

(ii) Capacity for timely completion of the work.

(iii) Past performance on projects of a similar nature to the project described in the notice of intent.

(iv) The quantity and value of work awarded to both the design and construction entity components.

(b) The primary evaluation committee may consider additional project-specific needs, including but not limited to the design-builder's past projects in the same metropolitan statistical area as the proposed project and the domicile address of the responding design-builder verified by the secretary of state online business filing database.

(c) The primary evaluation committee shall consist of a minimum of five members designated by the head of the airport according to the rules established pursuant to this Subsection. One of the members of the primary evaluation committee shall be a licensed contractor in the discipline of the project and one member shall be a licensed design professional in the discipline of the project, neither of which shall have any involvement in the project.

(d) The primary evaluation committee shall evaluate the qualifications of responding design-builders on the basis of the criteria set forth in this Subsection and the rules established pursuant to this Subsection and shall select a short list of no fewer than three of the highest rated entities. However, if fewer than three responses are received, the head of the airport may approve proceeding with the design-build process. The primary evaluation committee may, at its discretion, be assisted by other airport personnel in its evaluation of a design-builder's qualifications. The primary evaluation committee shall present its short list to the head of the airport. The shortlisted design-builders shall be invited to submit a detailed technical proposal for the design-build project. The invitation to the shortlisted entities shall specify a deadline for submission of proposals.

(5)(a) The specific requirements of the technical proposal shall be identified by the airport to the design-builders making the shortlist by means of a "Scope of Services Package". The technical proposal shall include design strategy, preliminary design concepts, fundamental requirements, quality standards, capacities, materials, the schedule of commencement and completion, and a lump sum for all services in fulfillment of the requirements and within the constraints of the "Scope of Services Package". Any and all weighing or grading factors that will be used to judge the technical proposal shall be identified in the "Scope of Services Package".

(b) The airport may compensate unsuccessful and responsive shortlisted entities for the expense of preparing the technical proposal. The amount shall be predetermined by the airport and shall be identified in the "Scope of Services Package". The airport may use concepts submitted by any paid shortlisted design-builder in the construction of the project.

(6) A technical review committee for the evaluation of design-build proposals shall be established according to the rules set forth in this Subsection. The technical review committee members shall include construction professionals as defined by the rules established in this Subsection. The technical review committee shall identify specific technical elements of the project, depending on the characteristics of the project, that will be included in the technical score, and those shall be identified in the "Scope of Services Package". The technical review committee may select additional engineering, architectural, construction, and other technical experts to serve as committee members. The technical review committee shall select one member to serve as chairman of the committee.

(a) An adjusted score approach shall be used by the airport in determining the winning proposal. The adjusted score shall be determined using the following components:

(i) Technical score shall be determined by any weighing factors assigned to each element depending on its relative magnitude or significance to the overall project. Each technical review committee member shall rate their assigned element of the proposal from each of the design-builders on the shortlist and shall submit their score to the chairman of the technical review committee. The schedule and price components shall not be made known to the technical review committee during the scoring process. The chairman of the technical review committee shall adjust the scores for any applicable weighing factors and shall determine the total technical score for each proposal. Prior to determining the adjusted score, the chairman of the technical review committee shall notify each design-builder in writing of their final technical score. All information pertaining to the technical review committee, including that of the committee chairman, shall be public information.

(ii) The time value, consisting of the product of the design-builders proposed contract time expressed in calendar days multiplied by the value-per-calendar-day expressed in dollars established by the airport and identified in the "Scope of Services Package".

(iii) The price proposal submitted by the shortlisted design-builders.

(b) The winning proposal shall be the proposal with the lowest adjusted score. The adjusted score for each entity's design-build proposal shall be determined by the following formula: Adjusted Score = (Price Bid + Time Value) divided by the Technical Score. Use of the time value is not mandatory and if not used, the adjusted score shall be determined by the following formula: Adjusted Score = Price Bid divided by the Technical Score.

(7) Design-builders who have submitted bona fide proposals may, within seven days of the announcement of the award, challenge the award by submitting a letter to the head of the airport describing in detail the reasons for the challenge. The head of the airport shall have the authority to resolve any challenge concerning the award of a contract. A written decision shall be rendered within fourteen days of the timely receipt of the challenge and shall be mailed or otherwise furnished immediately to the design-builder making the challenge. The decision shall be final and conclusive unless the decision is fraudulent or if the person adversely affected by the decision has timely appealed to the court of proper venue for the airport.

E. Once the design-builder has been chosen and a contract for a stipulated schedule and sum certain price is executed, the price of the design-build contract shall not be increased other than for inflation as prescribed in the contract and for site or other conditions of which the design-builder had no knowledge and should not have had knowledge as a reasonable possibility existing at the site or concerning the design and construction.

F. The provisions of this Section shall supersede any conflicting provisions of any other law, including but not limited to the requirements of this Chapter.

Acts 2023, No. 244, §1.
La. Rev. Stat. § 38:452 — LA Code / Code revised-statutes / Title 38 / Section 452
Resolution authorizing bonds
Status: in_force

Refunding bonds shall be authorized by a resolution of the board of commissioners of the levee district or levee and drainage district, and the resolution shall be promulgated by one insertion in the official journal of the district to be made within thirty days after the date of the adoption of the resolution. For a period of thirty days from and after the date of publication of the resolution, any person in interest shall have the right in any court of competent jurisdiction, to contest the regularity, formality, or legality of the bonds or of the provision for the payment thereof, for any cause. After this time, no person shall have any cause or right of action to contest the regularity, formality, or legality of the bonds or of the provision for the payment thereof for any cause. If the regularity, formality, or legality of the refunding bonds or of the provision for the payment of the bonds is not contested within the thirty days herein prescribed, the authority of the levee board or levee and drainage board to issue the bonds, the regularity, formality, and legality of the bonds and of the provision for payment shall be conclusively presumed, and no court shall have authority to inquire into these matters.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2314 — LA Code / Code revised-statutes / Title 38 / Section 2314
Prohibitions, penalties
Status: in_force

A. Each contract entered into by an agency for professional services shall contain a prohibition against contingent fees as follows: "The person performing the professional services warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this agreement, and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration."

B. No contract for professional services shall be granted to any person, corporation, firm, association, or other organization refusing to execute the affidavit required by R.S. 38:2224.

C. Any individual, corporation, partnership, firm, or company, other than a bona fide employee of the person performing the professional service, acting on behalf of his employer, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or the making of a contract for professional services, shall be fined not more than ten thousand dollars, or imprisoned for not more than one year, or both, and any such person or any group, association, company, corporation, firm, or partnership thereof, who shall offer to pay, or pay, any fee, commission, percentage, gift, or any other consideration contingent upon, or resulting from, the award or making of any agency contract for professional services, shall be fined not more than ten thousand dollars, or imprisoned for not more than one year, or both.

D. Any agency official or board member or employee of either who offers to solicit or secure, or solicits or secures, a contract for professional services and is to be paid, or is paid, any fee, commission, percentage, gift, or any other consideration, contingent upon the award or making of such a contract for professional services between an agency and any individual person, company, firm, partnership, or corporation shall be guilty of public bribery as provided by R.S. 14:118.

E. In addition to the penalties provided herein, any person who is in violation of any of the prohibitions listed in this section and who is licensed by any regulatory or professional board in order for him to practice his trade, profession or vocation in this state, shall have his license suspended for not less than one year, nor more than ten years, by the licensing authority.

Added by Acts 1975, No. 721, §1. Amended by Acts 1982, No. 845, §1.
La. Rev. Stat. § 38:3087.142 — LA Code / Code revised-statutes / Title 38 / Section 3087.142
Location
Status: in_force

The Castor Creek Reservoir District is created out of the watershed of that portion of Castor Creek located within the boundaries of the parishes of Caldwell, Winn, and LaSalle, more particularly defined as follows:

That area commencing at a point on the LaSalle Parish- Caldwell Parish line where it intersects with highway U.S. 165, thence generally northeasterly paralleling highway U.S. 165 to a point where it intersects with highway LA 126, thence generally westerly paralleling LA 126 to a point where it intersects with highway LA 499, thence generally southwesterly paralleling highway LA 499 to a point where it intersects highway LA 34, thence generally southerly paralleling highway LA 34 to a point where it intersects highway U.S. 84, thence generally southeasterly paralleling highway U.S. 84 to a point where it intersects highway U.S. 165, thence generally northeasterly paralleling highway U.S. 165 to a point where it intersects the LaSalle Parish-Caldwell Parish line, being the point of commencement.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:2875 — LA Code / Code revised-statutes / Title 38 / Section 2875
Management of improvements
Status: in_force

The board of commissioners shall have the right to regulate the construction and use of all piers, docks, bridges and other improvements built or erected on any part of the district to be inundated by Lake Claiborne and shall further have the right to regulate and control the erection of any improvements of any kind whatever within one mile from the 185.0 foot contour shoreline of Lake Claiborne. The board of commissioners shall have the authority and power to regulate said improvements by the issuance of permits for same and fix a fee for the issuance of same.

The board of commissioners is authorized to charge an annual fee for the permit to maintain improvements on or within one mile of the shores of Lake Claiborne.

Added by Acts 1966, No. 299, §15.
La. Rev. Stat. § 38:551 — LA Code / Code revised-statutes / Title 38 / Section 551
Bunches Bend Protection District
Status: in_force

A. Creation. Pursuant to Article VI, Sections 19, 30, and 36 of the Constitution of Louisiana, the Bunches Bend Protection District is hereby created, effective July 15, 2012, as a special district and political subdivision of the state of Louisiana in the parish of East Carroll and is hereby granted all of the rights, powers, privileges, and immunities accorded by law and the Constitution of Louisiana to political subdivisions of the state, subject to the limitations provided in this Section, for the purpose of repairing, improving, and maintaining the Wilson Point Levee System in the Bunches Bend area.

B. The district shall be comprised of the following described tract of land situated in a portion of T 22 & 23 N - R 13 E, East Carroll Parish, Louisiana as shown on plat D-1724, file number 4539.2 containing approximately 10,599 acres, and being more particularly described as follows: FROM the southeast corner of Section 71, T 22 N - R 13 E, East Carroll Parish, Louisiana run North 50°43'51" West approximately 1,105 feet to a point at the intersection of the east toe of the Mississippi River Main Line Levee and a line 15.00 feet south of the southern toe of the Old Levee and THE POINT OF BEGINNING; thence run in a northern direction along the east toe of the Mississippi River Main Line Levee approximately 20,263 feet to a point at the intersection of a line 15.00 feet from the toe of the Old Levee on the unprotected side; thence run along the unprotected side and being 15.00 feet from the toe of the Old Levee approximately 79,421 feet to a point and The Point Of Beginning.

C. Governance. (1) In order to provide for the orderly development of the district and effectuation of the purposes of the district, the district shall be administered and governed by a board of six commissioners who shall be owners of property in the district or duly designated representatives of entities which own property within the district, as follows:

(a) Two shall be appointed by the governor, to serve at his pleasure.

(b) One shall be appointed by the member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district, to serve at his pleasure.

(c) One shall be appointed by the member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district, to serve at his pleasure.

(d) Two shall be appointed by the public utilities which own land or property or possess servitudes within the district.

(2) The commissioners appointed pursuant to Paragraph (1)(d) shall serve terms of four years beginning July 15, 2012. However, the commissioners may serve until they are reappointed or until their successors are appointed. Any vacancy which occurs shall be filled in the same manner as the original appointment.

(3) A majority of the members of the board shall constitute a quorum for the transaction of business and, except as provided for in Subsection E of this Section, the board shall take action by a vote of a majority of the commissioners present. The board shall keep minutes of all meetings and shall make them available for inspection through the board's secretary. The minute books and archives of the district shall be maintained by the board's secretary. The monies, funds, and accounts of the district shall be in the official custody of the board.

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

(5) The domicile of the board shall be established by the board at a location within East Carroll Parish.

(6) The board shall elect from its own members a president, vice president, secretary and treasurer, whose duties shall be common to such offices or as may be provided by bylaws adopted by the district. At the option of the board or as provided in the bylaws, the offices of secretary and treasurer may be held by one person. The board shall hold such meetings as the president deems necessary, or as called by a written petition of a majority of the members of the board, or may hold special meetings as provided in the bylaws. All such meetings shall be public meetings subject to the provisions of R.S. 42:11 et seq.

D. Rights and powers. In addition to the revenue authority provided for in Subsection E of this Section, the district, acting by and through its board of commissioners, shall have and exercise all powers of a political subdivision and a special district necessary or convenient for the carrying out of its objectives 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 and sell such property.

(7)(a) 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 a public entity and shall, to the extent not in conflict with this Section, have the authority and powers with respect to indebtedness provided for in Chapters 13, 13-A, 14, 14-A, 14-B, 15-A and 18 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, and any other provisions of law providing authority to political subdivisions with respect to issuing indebtedness which is not in conflict with this Section.

(b) Except for the approval of the State Bond Commission as may be provided for in law, no other approval shall be required for the issuance of indebtedness of the district.

(c) For a period of thirty days from the date of publication of any resolution authorizing the issuance of bonds or other indebtedness of the district, 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 such 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 prescribed in this Subparagraph, 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.

(8) To borrow money and pledge all or part of its taxes, fees, or other revenues as security for debt incurred and for furtherance of the purposes of the district.

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

(10) To enter onto private property where necessary to perform its duties as provided for in this Section.

(11) To do all things reasonably necessary to accomplish the purposes of the district, except that, notwithstanding any other law to the contrary, neither the board nor the district shall have the power of expropriation.

E.(1) For the purposes set forth in this Section, the board of commissioners is hereby granted the authority pursuant to Article VI, Sections 19, 30, and 36 of the Constitution of Louisiana to levy and collect by resolution or ordinance adopted by a favorable vote of at least two-thirds of the total number of commissioners, which shall include the favorable vote of both of the commissioners appointed by the public utilities which own land or property or possess servitudes within the district, a combination of the following taxes:

(a) An ad valorem tax of up to three hundred eleven mills within the district.

(b) An annual tax to be imposed on a per acre basis on land within the district not to exceed thirty dollars per acre levied on cropland as defined by the Farm Service Agency of the United States Department of Agriculture and seven dollars per acre levied on all other land.

(2)(a) Such combination of taxes shall be levied only after the following:

(i) The board of commissioners of the district has adopted an appropriate resolution giving notice of its intention to levy such taxes, which resolution shall include a general description of the taxes to be levied, and notice of this intention shall be published once a week for two weeks in the official journal of the parish governing authority, the first publication to appear at least fourteen days before the public meeting of the board of commissioners at which the board will meet in open and public session to hear any objections to the proposed levy of the tax. The notice of intent so published shall state the date, time, and place of the public hearing.

(ii) At the public meeting held pursuant to this Subparagraph, the commission shall establish a mail ballot referendum on the imposition of the proposed tax whereby landowners within the district may inform the board of their approval or disapproval of such proposed tax. The mail ballot referendum shall include the following:

(aa) A procedure whereby the landowners within the district shall be mailed to the last known address of such landowners as listed on the ad valorem tax assessment rolls of the parish the mail ballot provided for in Subitem (bb) of this Item and written notice of the following:

(I) The rate and term of the taxes proposed to be levied.

(II) The purposes of such levy.

(III) The time period during which the mail balloting shall occur, which shall in no case be less than thirty days, with the stipulation that no mail ballots will be accepted that are postmarked after the last day of such time period.

(IV) The address to which the ballots are to be mailed.

(bb) The form of the mail ballot wherein the landowner shall express his approval or disapproval of the rate and term of the tax. If the landowner is not an individual, the voter shall provide written documentation of his authority to vote on behalf of the entity that is the landowner.

(iii) The commission shall not levy any tax pursuant to this Section unless seventy-five percent of the landowners in the district participating in the mail ballot approve the rate and term of the tax.

(iv) For purposes of this Paragraph, "landowner" means the following:

(I) The individual or individuals who own land in the district.

(II) A duly authorized representative of any entity that owns land in the district.

(b) The powers and rights conferred by this Subsection shall be in addition to the powers and rights conferred by any other law. This Subsection, and any provisions of this Section not inconsistent therewith, does and shall be construed to provide a complete and additional method for the levy of the tax. No election, proceeding, notice, or approval shall be required for the levy of such tax except as provided in this Subsection.

F. The provisions of R.S. 38:225(A), (B), (D)(1), and (E) shall apply to the Wilson Point Levee System in the Bunches Bend area and the Bunches Bend Protection District shall have the authority provided to levee districts in such provisions of law.

G. The property of the district acquired or held for the purposes of this Section is to be used for an essential public and governmental purpose and such property shall be exempt from all taxes of the state or any of its local governmental or political subdivisions. However such exemption shall terminate when the district sells or otherwise disposes of the property to any purchaser or transferee not a public body.

H. Liberal construction. This Section shall be liberally construed to effect the purposes of the Section.

Acts 2012, No. 570, §1, eff. June 5, 2012.
La. Rev. Stat. § 38:3087.147 — LA Code / Code revised-statutes / Title 38 / Section 3087.147
Powers of the board
Status: in_force

A. In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it properly to carry out the purposes for which it is created.

(2) Acquire servitudes and rights of use by purchase, by expropriation, and by assignment for the reservoir or recreational areas or otherwise.

(3) Assist in conserving soil and water and in developing the water resources of the district, provided nothing shall be done to interfere with districts or municipalities previously organized under Louisiana law.

(4) Cooperate with the Department of Transportation and Development and other state agencies in the maintenance or improvement and the construction of any works or improvements for the control, retention, diversion, or utilization of water, to retard runoff of water and soil erosion, and to construct any ditch, channel improvement, dike, dam, or levee, and repair, improve, and maintain any of said improvements or structures.

(5) Acquire movable property by donation or purchase; employ and hire an executive director, and other such personnel as may be necessary in the operation of the business of the district, and fix their compensation; and is further authorized to employ engineers, attorneys, and other professional personnel as the need becomes necessary and fix their compensation.

(6) Levy taxes, issue bonds, and incur indebtedness within the limitations prescribed by the Constitution of Louisiana.

(7) Cooperate and contract with persons, firms, associations, partnerships, private corporations, cities of this state, or other public corporations, and with any other local, state, and governmental agencies for the sale or use of any waters impounded by the district.

(8) Select a domicile and home office for the district.

(9) Grant franchises to telephone, telegraph, and electric power companies and grant franchises for the purposes of laying gas, water, sewer, electric light, or other utilities to supply the inhabitants or any person or corporation with gas, water, sewerage, or light, when such construction is within the reservoir.

(10) Appoint, hire, designate, and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of regulations as may be promulgated and adopted by the said commission.

(11) Do and perform any and all things necessary or incidental to the fulfillment of the purposes for which the district is created.

B. The Castor Creek Reservoir District shall have, with respect to the improvements and maintenance of the district, the advice of the Department of Transportation and Development, and it shall request from time to time the assistance of the department to make surveys, inspections, and investigations, render reports, estimates, and recommendations, and furnish plans and specifications as the board of commissioners of the said district may request from time to time.

C. The district is hereby authorized to incur debt for any one or more of its lawful purposes, to issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and to provide for the security and payment thereof as follows:

(1) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction, and maintenance costs and expenses of the district, which certificates shall be payable in principal and interest from any available income, revenues, fees, or taxes pledged to their payment by the district.

(2) To issue bonds substantially in the manner set forth in Article VI of the Constitution of Louisiana, and other authority supplemental thereto, particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the district sufficient to pay such bonds in principal and interest, when approved by vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine. However, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten percent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment roll of record in the parishes of Winn, Caldwell, and LaSalle.

(3) The district shall have additional authority to levy taxes under the provisions of Article VI, Section 32 of the Constitution of Louisiana, for the purpose of improving, operating, and maintaining its facilities, providing any such tax shall first be approved at an election held for said purposes in accordance with the Louisiana Election Code.

(4) A copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessor of the parishes in the district on or before May first of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessor to assess the tax and extend the same upon the tax rolls of the parish. The tax shall be collected by the sheriff and ex officio tax collector of the respective parish in the same manner as taxes levied by the parish. Taxes assessed shall constitute liens upon the property assessed; shall bear the same penalties; and collection thereof shall be enforced in the same manner and at the same time as parish taxes.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:2042 — LA Code / Code revised-statutes / Title 38 / Section 2042
Board of commissioners; qualification of members; appointment; tenure; vacancies; removal of members
Status: in_force

A. The control and management of the affairs of the Rapides Parish Stormwater Management and Drainage District shall be vested in a board of commissioners, which is hereby created. The board shall be composed of five qualified electors residing within the limits of the district, who shall serve without compensation.

The commissioners shall be appointed as follows:

(1) One member, who shall be a resident of the city of Alexandria, shall be appointed by the governing authority of the city of Alexandria.

(2) One member, who shall be a resident of the city of Pineville, shall be appointed by the governing authority of the city of Pineville.

(3) One member, who shall be a resident of Rapides Parish, shall be appointed by the Rapides Farm Bureau.

(4) One member, who shall be a resident of Rapides Parish shall be appointed by the Board of Directors of the Rapides Soil and Water Conservation District.

(5) One member, who shall be a resident of Rapides Parish, shall be appointed by the governing authority of Rapides Parish. The commissioners initially appointed shall draw lots to determine their terms of office, which shall be one, two, three, four, and five years, respectively; they shall serve until their successors have been appointed and qualified. The commissioners thereafter appointed at the expiration of the respective terms of the initial appointees shall be appointed in the manner of the original appointments for terms of five years.

B. Vacancies shall be filled in accordance with the procedure set forth in Subsection A of this Section. In case of neglect of duty by any commissioner, or his failure without good cause to attend regular meetings for three times successively, the respective appointing authority, on request of the board, shall remove the commissioner and appoint his successor.

Added by Acts 1982, No. 69, §1.
La. Rev. Stat. § 38:1902 — LA Code / Code revised-statutes / Title 38 / Section 1902
Ad valorem tax for maintenance, construction, and improvement
Status: in_force

The governing authority of any gravity drainage or gravity sub-drainage district when authorized to do so by a vote of the resident property tax payers qualified to vote in the drainage district or sub-drainage district, of a majority, both in number and amount, may levy and collect a tax not to exceed five mills on the dollar upon all property subject to taxation in the drainage district or sub-drainage district and to run for a period not to exceed ten years. The tax shall be used for the purpose of maintaining, constructing, and improving drainage works within the territorial limits of the drainage district or sub-drainage district. The tax shall not be funded into bonds but shall be collected annually by the tax collector of the parish in which the drainage district or sub-drainage district is located, for the use and benefit of the drainage district or sub-drainage district.
La. Rev. Stat. § 38:1521 — LA Code / Code revised-statutes / Title 38 / Section 1521
Boards authorized to borrow money and pledge revenues
Status: in_force

The board of commissioners of drainage districts may anticipate the current revenues of each year, in advance of their availability, by borrowing the sums which in their judgment may be required for the needs of the district for the current year, upon the terms they may see fit, at rates of interest not exceeding six per cent per annum, and secure the loans by a pledge of the revenues of the district for the current year.
La. Rev. Stat. § 38:1772 — LA Code / Code revised-statutes / Title 38 / Section 1772
Notice of elections
Status: in_force

Notice of the election shall be given embracing substantially all matters required to be set forth in the resolution ordering the election, and shall set forth further that the authority ordering the election will, in open session, at an hour and place named, proceed to open the ballot boxes, canvass the returns, and declare the result. The notice shall be published for thirty days in a newspaper published in the parish, or if there be no newspaper published in the parish, the publication shall be made in a newspaper published in an adjoining parish and by posting in three public places in the district ordering the election. Four publications, in a newspaper once a week shall constitute publication for thirty days, provided thirty days intervene between the date of the first publication and the date of the election.
La. Rev. Stat. § 38:3086.6 — LA Code / Code revised-statutes / Title 38 / Section 3086.6
Engineering services by Coastal Protection and Restoration Authority
Status: in_force

The Coastal Protection and Restoration Authority Board is authorized and directed to provide such engineering assistance, advice and supervision and shall provide such reports, investigations, surveys, plans and specifications as the board of commissioners may require. It shall be the duty of the Coastal Protection and Restoration Authority Board to provide an appropriate representative to attend meetings of the board of commissioners when attendance is requested by the board.

Acts 1969, No. 41, §6; Acts 2012, No. 464, §1.
La. Rev. Stat. § 38:90.9 — LA Code / Code revised-statutes / Title 38 / Section 90.9
Statement of sponsorship
Status: in_force

A. Prior to the commencement of any work, the office shall require the presiding officer of each authority involved in a project to execute a statement of sponsorship. The statement of sponsorship shall include but not be limited to the following:

(1) Agreement to furnish all lands, easements, rights-of-way, permits, and spoil disposal areas necessary to construct and maintain the project without cost to the state.

(2) Agreement to assume all maintenance and operation costs for the project and all future alterations as may be required without cost to the state.

(3) Agreement to accomplish all necessary utility and any other facility relocations, alterations, and maintenance without cost to the state.

(4) Agreement to provide at least a ten percent local match for cost of the project; however, the Statewide Flood Control Program may provide funds for the total cost for any modifications to drainage structures located within state highway rights-of-way. Where practical, the local levee board may authorize payment of part or all of the local authority's costs.

B. A sponsoring authority that is an eligible rural grant opportunity authority and lacks the financial ability to satisfy the local match required to participate in the Statewide Flood Control Program may apply for funds pursuant to R.S. 38:90.4.1.

Acts 1983, No. 224, §1; Acts 1995, No. 607, §1, eff. June 18, 1995; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2018, No. 384, §1.
La. Rev. Stat. § 38:2122 — LA Code / Code revised-statutes / Title 38 / Section 2122
Bonds sold at public sale
Status: in_force

Bonds authorized to be issued by the irrigation districts shall be sold at public sale for a price not less than that fixed by law, after advertisement for three weeks, the first advertisement to be at least fifteen days prior to the date set for the sale in the official journal of the parish. The governing authority of the district may reserve the right to reject any and all bids.

Amended by Acts 1968, No. 69, §1.
La. Rev. Stat. § 38:334 — LA Code / Code revised-statutes / Title 38 / Section 334
Revenue utilization; Lafourche Basin Conservation Levee and Drainage District
Status: in_force

A.(1) Of all of the taxes collected by the Lafourche Basin Conservation Levee and Drainage District from property located within St. Charles Parish located west of the Mississippi River, not less than fifty-seven percent of the tax monies shall be expended for the purposes of levee construction, levee maintenance, and other flood control and drainage works within that parish. These expenditures shall be in cash or in-kind services as determined by the parish governing body. When such funds are expended within St. Charles Parish, in-kind services shall not exceed fifty percent of such expenditures. Expenditures shall be certified as received by the parish's governing body at the end of each fiscal year.

(2) The provisions of Paragraph (1) of this Subsection shall not apply during any tax year in which the Lafourche Basin Conservation Levee and Drainage District maintains the St. Charles Parish West Bank Hurricane Protection Levee system, including the West Bank and general vicinity, Western Tie-In, Davis Pond Freshwater Diversion Levee, Willowridge Levee, Ellington Levee, Magnolia Ridge Levee, and Sunset Drainage District Levee, as a whole or as each section is transferred to the Lafourche Basin Conservation Levee and Drainage District for maintenance, operation, and control, subject to any amendments made by the state of Louisiana.

B. No provision of this Part or of any other law shall be construed so as to prohibit the Lafourche Basin Conservation Levee and Drainage District from the use of public funds to engage in general drainage work not incidental to the construction and maintenance of levees in the jurisdictional boundaries of the Lafourche Basin Conservation Levee and Drainage District.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1992, No. 791, §1; Acts 1996, 1st Ex. Sess., No. 13, §1; Acts 1997, No. 1401, §1; Acts 2007, No. 134, §1, eff. June 25, 2007; Acts 2009, No. 346, §1, eff. Jan. 1, 2010; Acts 2015, No. 220, §1; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:115 — LA Code / Code revised-statutes / Title 38 / Section 115
Removal of works in front of levees
Status: in_force

If any person shall erect any work in front of the levee, on the banks of the Mississippi, out of the limits of New Orleans, either by making a new levee, building houses, sheds, dikes, or keys, so as to impede its navigation, or to encroach on that part of the bank reserved by law for the use of the public, or for roads used for tracking, whether the works or buildings are only commenced or completed, without having applied to the police jury and obtained from them permission, the works shall be destroyed, or removed, if susceptible of removal, to such a distance from the river, as may be required by the ordinance of the police jury; in either case, at the expense of the owner.
La. Rev. Stat. § 38:3006 — LA Code / Code revised-statutes / Title 38 / Section 3006
Election of officers; record book, public inspection
Status: in_force

Immediately after the commissioners have been appointed, or as soon thereafter as practicable, the commissioners shall meet and immediately organize by electing officers as follows: They shall elect from among their number a president, who shall preside over the meetings of the board and perform such other duties as are usually required of presidents of corporate bodies, and also a vice-president, who shall perform the duties of the president in case of his absence or disability.

The board shall cause to be kept a well-bound book entitled "Record Book of Jackson-Bienville Parishes Dugdemona Watershed District," in which shall be recorded the minutes of all meetings, all proceedings, certificates, oaths of commissioners, bonds of employees and contractors, and any and all corporate acts. The records shall be in the possession of the secretary of the board and shall be open to public inspection at all times by any person interested.

Added by Acts 1970, No. 600, §1.
La. Rev. Stat. § 38:2322 — LA Code / Code revised-statutes / Title 38 / Section 2322
Board of commissioners
Status: in_force

A.(1) The governing authority of the Sabine River Authority shall be vested in a board of commissioners which is provided for in this Section. The board shall be composed of thirteen members, who shall be appointed by the governor, one of whom shall serve as chairman. Of the thirteen members of the board to be appointed by the governor, four members shall be residents of Sabine Parish, two members shall be residents of Calcasieu Parish, two members shall be residents of Vernon Parish, two members shall be residents of DeSoto Parish, two members shall be residents of Beauregard Parish, and one member shall be a resident of Cameron Parish.

(2) Preference shall be given to a domiciled resident of the Sabine River Watershed area, as defined by the established parish drainage maps, for one of the two members from Calcasieu Parish.

(3) Each member of the board appointed by the governor shall serve at the pleasure of the governor making the appointment. Each appointment by the governor shall be submitted to the Senate for confirmation.

B. Seven members of said board shall constitute a quorum for the transaction of business and meetings of the board shall be held upon call of the chairman at such time and place as may be designated, after notice to the full membership.

C. Each member of the board shall be entitled to receive a per diem allowance of two hundred dollars for each day of a meeting of the board or any of its committees actually attended by such member, to be paid out of such funds of the authority as may be available for this purpose, on the warrant of the chairman, attested by the secretary. All members of the board shall be entitled to be reimbursed for expenses actually incurred in attending meetings of the board or its committees, or in the transaction of any business of the authority, when such business has been authorized by the board. However, the board shall not meet more than two days in any one month.

Added by Acts 1950, No. 261, §2. Amended by Acts 1956, No. 116, §1; Acts 1961, No. 93, §1; Acts 1964, No. 460, §1; Acts 1972, No. 64, §1; Acts 1974, No. 624, §1; Acts 1977, No. 280, §1, eff. July 7, 1977; Acts 1980, No. 723, §1, eff. July 29, 1980; Acts 1981, No. 147, §1; Acts 1987, No. 205, §1, eff. July 1, 1987; Acts 1990, No. 821, §1; Acts 2000, 1st Ex. Sess., No. 140, §1, eff. April 19, 2000; Acts 2008, No. 919, §1; Acts 2024, No. 601, §1.

NOTE: SEE ACTS 1987, NO. 205, §§3, 4, 5, AND 6.
La. Rev. Stat. § 38:3087.45 — LA Code / Code revised-statutes / Title 38 / Section 3087.45
Playgrounds, parks, and other facilities
Status: in_force

The board of commissioners shall have the power to cause to be created and constructed playgrounds, picnic grounds, grounds for recreation, parks, and any and all other facilities to accommodate the public and to provide adequate access to the creek, as may within the opinion of the board become necessary.

Acts 1995, No. 443, §1, eff. June 17, 1995.
La. Rev. Stat. § 38:2211 — LA Code / Code revised-statutes / Title 38 / Section 2211
Definitions
Status: in_force

A. As used in this Chapter unless the context clearly indicates otherwise, the following terms shall mean:

(1) "Alternate" means an item on the bid form that may either increase or decrease the quantity of work or change the type of work within the scope of the project, material, or equipment specified in the bidding documents, or both.

(2) "Bidding documents" means the bid notice, plans and specifications, bid form, bidding instructions, addenda, special provisions, and all other written instruments prepared by or on behalf of a public entity for use by prospective bidders on a public contract.

(3)(a) "Change order" means any contract modification that includes an alteration, deviation, addition, or omission as to a preexisting public work contract, which authorizes an adjustment in the contract price, contract time, or an addition, deletion, or revision of work.

(b) "Change order outside the scope of the contract" means a change order which alters the nature of the thing to be constructed or which is not an integral part of the project objective.

(c) "Change order within the scope of the contract" means a change order which does not alter the nature of the thing to be constructed and which is an integral part of the project objective.

(4) "Contractor" means any person or other legal entity who enters into a public contract.

(5)(a) "Emergency" means an unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury or as the result of an order from any judicial body to take any immediate action which requires construction or repairs absent compliance with the formalities of this Part, where the mischance or court order will not admit of the delay incident to advertising as provided in this Part. In regard to a municipally owned public utility, an emergency shall be deemed to exist and the public entity may negotiate as provided by R.S. 38:2212(P) for the purchase of fuel for the generation of its electric power where the public entity has first advertised for bids as provided by this Part but has failed to receive more than one bid.

(b) An "extreme public emergency" means a catastrophic event which causes the loss of ability to obtain a quorum of the members necessary to certify the emergency prior to making the expenditure to acquire materials or supplies or to make repairs necessary for the protection of life, property, or continued function of the public entity.

(6) "Licensed design professional" means the architect, landscape architect, or engineer who shall have the primary responsibility for the total design services performed in connection with a public works project. Such professional shall be licensed as appropriate and shall be registered under the laws of the state of Louisiana.

(7) "Liquidated damages" means a fixed sum of damages stipulated in a public works construction contract that are intended to compensate a public entity as a result of a delay in performance by the contractor and may be assessed for a project not being substantially complete within the time provided for by the public works contract.

(8)(a) "Louisiana resident contractor", for the purposes of this Part, includes any person, partnership, association, corporation, or other legal entity and is defined as one that either:

(i) Is an individual who has been a resident of Louisiana for two years or more immediately prior to bidding on work,

(ii) Is any partnership, association, corporation, or other legal entity whose majority interest is owned by and controlled by residents of Louisiana, or

(iii) For two years prior to bidding has maintained a valid Louisiana contractor's license and has operated a permanent facility in the state of Louisiana and has not had a change in ownership or control throughout those two years.

(b) For the purposes of Item (a)(ii) of this Paragraph, ownership percentages shall be determined on the basis of:

(i) In the case of corporations, all common and preferred stock, whether voting or nonvoting, and all bonds, debentures, warrants, or other instruments convertible into common or preferred stock.

(ii) In the case of partnerships, capital accounts together with any and all other capital advances, loans, bonds, debentures, whether or not convertible into capital accounts.

(9) "Negotiate" means the process of making purchases and entering into contracts without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances.

(10) "Probable construction costs" means the estimate for the cost of the project as designed that is determined by the public entity or the designer.

(11) "Public contract" or "contract" means any contract awarded by any public entity for the making of any public works or for the purchase of any materials or supplies.

(12) "Public entity" means and includes the state of Louisiana, or any agency, board, commission, department, or public corporation of the state, created by the constitution or statute or pursuant thereto, or any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana, and any public housing authority, public school board, or any public officer whether or not an officer of a public corporation or political subdivision. "Public entity" shall not include a public body or officer where the particular transaction of the public body or officer is governed by the provisions of the model procurement code.

(13) "Public work" means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a public entity.

(14) "Working days", for the purposes of this Part, means the days Monday through Friday, excluding recognized holidays and declared emergencies.

(15) "Written" or "in writing" means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

B. Unless clearly indicated otherwise, compliance with this Part required of any public entity shall be done by the governing authority of such public entity if it has a governing authority.

Acts 1977, No. 103, §1. Amended by Acts 1979, No. 795, §1; Acts 1984, No. 894, §1; SCR No. 10, 1988 1 st Ex. Sess.; Acts 1991, No. 1043, §1, eff. July 26, 1991; Acts 1995, No. 538, §1; Acts 1997, No. 120, §1; Acts 2003, No. 828, §1; Acts 2003, No. 831, §1; Acts 2011, No. 134, §1, eff. June 24, 2011; Acts 2012, No. 655, §1; Acts 2014, No. 759, §1; Acts 2020, No. 92, §1; Acts 2022, No. 774, §1, eff. June 20, 2022.
La. Rev. Stat. § 38:1801 — LA Code / Code revised-statutes / Title 38 / Section 1801
Reorganization of districts draining by gravity in part
Status: in_force

Any drainage or sub-drainage district organized under existing laws, composed of both lands which drain naturally or by gravity, and marsh, swamp and overflowed lands, which did not drain by gravity, may not be reorganized under the provisions of this Part, except as herein otherwise provided. The police jury, or juries, may, upon the request of the drainage commissioners of the drainage or sub-drainage district created under the provisions of this Part, a gravity sub-drainage district from those lands which drain naturally, or by gravity, situated in the existing drainage or sub-drainage district, and when so created, the gravity sub-drainage district shall enjoy all the rights, powers, and prerogatives given and granted to gravity sub-drainage districts under the provisions of this Part. Should the drainage or sub-drainage district from which the gravity sub-drainage district is created, have heretofore incurred a debt and issued negotiable bonds therefor, secured by an ad valorem tax, or levied an acreage tax or forced contribution for gravity drainage purposes, then the gravity sub-drainage district thus created may incur a debt and issue negotiable bonds secured by an ad valorem tax under the provisions of this Part, in any amount equal to the total amount authorized to be incurred under Section 14 of Article XIV of the Constitution of 1921, less the proportionate amount of any debt secured by an ad valorem tax, incurred by the original drainage or sub-drainage district and imposed upon the lands in the gravity sub-drainage district thus created. The proportionate amount of the indebtedness of the existing drainage or sub-drainage district, to be apportioned to the gravity sub-drainage district thus created, shall be the proportion of the total of the existing indebtedness as the assessed value of the property in the gravity sub-drainage district thus created, bears to the total assessed value of all the property in the original drainage or sub-drainage district. Any acreage tax or forced contribution imposed and collected for gravity drainage, together with any acreage tax or forced contributions, imposed by the original district or sub-drainage district, shall not exceed fifty cents per acre, per year, and the acreage tax may be funded into bonds to be secured thereby, only to the extent that the tax had not theretofore been imposed by the original district or sub-district upon the lands of the gravity sub-drainage district thus created, all, however, subject to the limitations imposed in R.S. 38:1784 and 38:1786.

The police jury or juries may, upon the request of the drainage commissioners of any drainage district heretofore organized under existing laws, composed of both lands which drain naturally, or by gravity, and marsh, swamp, and overflowed lands, reorganize the drainage district, under the provisions of this Part, provided the drainage district contains within its limits fifty per cent or more in area of lands which drain naturally or by gravity, to be determined by a survey of the chief engineer of the drainage district and contains within its limits a population exceeding three thousand inhabitants, to be determined by a census to be taken by the drainage commissioners and further contains within its limits, in whole or in part, a municipal corporation.

The board of commissioners of the reorganized drainage district shall be appointed under the provisions of this Part, and the reorganized district may impose a maintenance tax not exceeding two dollars and fifty cents per acre, on each and every acre, or fraction thereof, located within the limits of the district.
La. Rev. Stat. § 38:476 — LA Code / Code revised-statutes / Title 38 / Section 476
Taxes and local contributions for payment of principal; setting apart sufficient amount
Status: in_force

For the purpose of providing for the payment of the principal of the bonds issued under this Subpart as they mature, the levee board or levee and drainage board shall levy in an amount sufficient to pay the bonds maturing in each year the taxes and local contributions which they are authorized and empowered to levy, as well as any taxes and local contributions which they may hereafter be authorized to levy. From the first moneys realized from the taxes and local contributions, the state treasurer after providing for the payment of the principal and interest of the bonds shall set apart an amount sufficient to pay the principal of the bonds maturing that year, and the money thus set apart shall not be diverted to any other purpose.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1998 — LA Code / Code revised-statutes / Title 38 / Section 1998
Levy and collection of taxes, assessments and forced contributions
Status: in_force

All taxes, special taxes, local assessments, forced contributions and acreage taxes, levied, assessed and collected in the Lafourche Basin Levee and Drainage District shall be levied, assessed, and collected according to the Constitution and laws of Louisiana relative to the collection of taxes, special taxes, local assessments and forced contributions and acreage taxes in drainage districts organized under the general laws.
La. Rev. Stat. § 38:1799 — LA Code / Code revised-statutes / Title 38 / Section 1799
Inclusion of contiguous or adjacent lands in district
Status: in_force

The police juries of the various parishes, the parish of Orleans excepted, shall with the approval of the board of drainage commissioners, include any contiguous or adjacent lands in any gravity drainage district or gravity sub-drainage district, when the lands proposed to be included lie within the drainage basin, upon a petition signed by a majority of the land owners who are qualified electors of the area or areas proposed to be included. The majority of land owners shall also own more than fifty per cent of the number of acres lying in the area or areas proposed to be included. In the event there are no land owners who are qualified electors in the area or areas proposed to be included, or in the event there are land owners who are qualified electors but do not own more than fifty per cent of the number of acres lying in the area or areas proposed to be added, then, the petition shall be signed by a majority of the land owners, if any, who are qualified electors of the area or areas proposed to be added, together with the owners of more than fifty per cent of the number of acres lying in the area or areas proposed to be included, whether they be qualified electors of the area or areas or not. The adjacent or contiguous area or areas proposed to be so included shall themselves be contiguous or else there shall be a separate petition and a separate action in each case. The notice required in R.S. 38:1756 shall be published and after publication of the notices if no objections are urged thereto, the lands shall immediately become subject to all ad valorem taxes or forced contributions or acreage taxes theretofore levied and imposed against the lands in the district or subdistrict in which the lands have been included. The petition praying the inclusion of lands in the gravity drainage district or gravity sub-drainage district shall expressly state that the petitioners are the owners of the lands so sought to be included and that they consent to the imposition thereon of the same taxes whether ad valorem or by way of forced contribution or acreage taxes as borne, or to be borne by the other lands in the district or subdistrict. Any owner of land lying in the area proposed to be included who has not signed the petition shall have the right within a period of sixty days after the publication of the notice in the official journal of the parish in which the said area is located to contest before the police jury of the parish the inclusion of his lands, and in case it be established that his lands will not be benefited by the drainage, they shall not be included.
La. Rev. Stat. § 38:3087.223 — LA Code / Code revised-statutes / Title 38 / Section 3087.223
District as political subdivision and body corporate; purpose and powers
Status: in_force

A. The district shall be a political subdivision of the state of Louisiana which shall have for its purpose the preservation, promotion, and development of the wealth and natural resources of the district by the conservation of the soil and water of Lake St. Joseph for agricultural, recreational, commercial, and sanitary purposes and by the regulation of aquatic plant growth.

B. It shall constitute a body corporate in law with all powers, rights, privileges, and immunities of a corporation. It shall have the power to sue and be sued, to buy and sell, to levy taxes, to negotiate and execute contracts, and to incur debts and issue negotiable bonds in payment thereof under and in accordance with law. It shall have the authority to acquire by purchase, donation, or otherwise every type and specie of property, including servitudes and rights-of-use, necessary to its purpose, and to lease, build, operate, and maintain any works or machinery designed to accomplish the purposes of the district.

C. It shall have complete control over the supply of fresh water from Lake St. Joseph which shall be administered for the benefit of the persons residing or owning property within the district, and if it should be for the benefit of the district, it shall have the authority to sell such water for irrigation, municipal, and industrial uses both within and outside the district. However, the district shall have no authority to regulate or control any use by any municipality, district, or other person of such water supply which use was being made by such municipality, district, or other person on August 15, 2003, including no authority to charge or collect any fee or charge therefor.

D. The district may cooperate and contract with the government of the United States or any department or agency thereof and accept grants and donations of property and money therefrom. It may cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of the state for the management of the waters of Lake St. Joseph and the construction, operation, and maintenance of facilities designed to accomplish the purpose for which the district is created on any basis including the matching of funds and by participating in projects authorized by any federal or state law as it shall see fit.

Acts 2003, No. 328, §1.
La. Rev. Stat. § 38:3324 — LA Code / Code revised-statutes / Title 38 / Section 3324
Board of commissioners; appointments; terms; vacancies
Status: in_force

A. The Board of Commissioners of the Acadiana Watershed District, referred to in this Chapter as the "board", is hereby created. The governance, control, and management of the affairs of the district shall be vested in the board.

B. The board shall be comprised of the following members:

(1) The police jury presidents of the parishes of Acadia, Allen, Avoyelles, Calcasieu, Cameron, Evangeline, Jefferson Davis, Rapides, and Vermilion or their respective designees.

(2) The mayor-president of Lafayette Parish or his designee.

(3) The parish presidents of the parishes of Iberia, Iberville, Pointe Coupee, St. Landry, St. Martin, and St. Mary or their respective designees.

(4) The chairman of the House Committee on Natural Resources and Environment or his designee.

(5) The chairman of the Senate Committee on Natural Resources or his designee.

C. The board may appoint a technical advisory committee to advise the board on scientific, engineering, and other technical matters. Committee members shall not have voting rights on the board of commissioners. The committee shall be composed of the following members, who shall be nominated by their respective constituent organizations:

(1) A representative of Louisiana Soil & Water Conservation District IV.

(2) A representative of the Teche-Vermilion Fresh Water District.

(3) A representative of the University of Louisiana at Lafayette Watershed Flood Center.

(4) A representative of the Louisiana Natural Resources Conservation Service of the U.S. Department of Agriculture Natural Resources Conservation Division.

(5) Two at-large members nominated by a municipality or municipalities with a population of thirty thousand or more and meeting the technical qualification requirements described in this Section.

(6) Two at-large members nominated by a municipality or municipalities with a population of less than thirty thousand and meeting the technical qualification requirements described in this Section.

(7) One member nominated by the secretary of the Department of Transportation and Development.

(8) One member nominated by the executive director of the Coastal Protection and Restoration Authority.

(9) One member nominated by the Commander and District Engineer of the New Orleans District, U.S. Army Corps of Engineers.

D. All public officials or designees serving on the board shall serve terms concurrent with their term of office. Technical advisory committee members shall serve terms of three years, with the initial terms staggered in accordance with the board's bylaws.

E. Members of the board, member designees, and technical advisory committee appointees shall reside within the boundaries of the district or any parish within which a portion of the district lies.

F. Technical advisory committee appointees shall have professional experience in engineering, project management, certified flood plain management, or other drainage-related field such as geosciences, hydrology, or water management.

Acts 2023, No. 323, §1.
La. Rev. Stat. § 38:1596.5 — LA Code / Code revised-statutes / Title 38 / Section 1596.5
Statement of cost of improvement; definitions
Status: in_force

A. Upon the award of any contract under the provisions of this Part, the engineer of the district shall prepare a certified statement or report showing in detail the total cost of the improvements, including the cost of street intersections, engineer's and attorney's fees, and all other expenses incidental to the cost. The report shall describe each lot or parcel of real estate to be assessed with sufficient clarity to identify it and shall show the amount of the cost chargeable to each lot or parcel to be benefited in the proportion that its area bears to the total area to be assessed or in the proportion that its front footage bears to the total front footage to be assessed, as shall be determined by the governing authority. When the assessment is made on a front foot basis and any drainage line is constructed upon more than one side of any lot or parcel of real estate, the total front footage of such lot or parcel of real estate to be assessed shall be determined by taking the total front footage of said lot or parcel of real estate abutting all drainage lines to be constructed and dividing such total front footage by two.

B.(1) The words "front footage" as used in this Part shall mean the footage of each lot or parcel of real estate abutting the right of way, street, or drainage way along which the drainage line is constructed.

(2) The words "square footage" shall mean the area of land measured in square feet to be drained by the improvements to be constructed.

Acts 1985, No. 979, §1.
La. Rev. Stat. § 38:1588 — LA Code / Code revised-statutes / Title 38 / Section 1588
Additional assessments
Status: in_force

A. If the local and special assessments originally levied are insufficient, for any cause whatsoever, to pay the principal and interest, or the principal or interest, in any one year of the said drainage certificates outstanding at their respective maturity dates, the drainage district issuing such drainage certificates under the provisions of this Part, through its governing authority, is hereby authorized, empowered, and obligated by ordinance to levy and collect, at such time or times as may be necessary, an additional local or special assessment on each lot or parcel of real estate in the district or area involved sufficient in amount to pay in full the said principal and interest or the principal or interest of such drainage certificates at their respective maturity dates.

B. The amounts assessed in such ordinance or ordinances shall be due and collectible immediately on its passage, and if not paid within thirty days from the date of its adoption, the governing authority of the drainage district shall proceed against the property for the collection of the amount of the additional local or special assessment so levied, plus interest thereon and ten percent additional for attorney's fees.

C. A certified copy of each ordinance providing for the levy and collection of such additional local or special assessment shall be filed with the clerk of court of the parish in which the drainage district is located promptly upon its adoption, who shall forthwith record the same in mortgage records of the parish, and when so filed and recorded shall operate as a lien and privilege against all the real estate therein assessed and shall prime all other liens except taxes and prior recorded local or special assessments levied for streets, sewerage, or water.

Added by Acts 1983, No. 708, §1.
La. Rev. Stat. § 38:3087.131 — LA Code / Code revised-statutes / Title 38 / Section 3087.131
Legislative finding; purpose
Status: in_force

The increasing use of water for municipal, industrial, agricultural, recreational, and other purposes in North Central Louisiana is a matter of great public interest; the continued uncontrolled use of groundwater from Sparta and other aquifers may create critical problems; the public welfare requires that such water be put to the highest beneficial use; and there is a need to study these matters and how to provide for the efficient administration, conservation, and orderly development of groundwater resources in the parishes of Bienville, Bossier, Caddo, Caldwell, Claiborne, Jackson, LaSalle, Lincoln, Morehouse, Natchitoches, Ouachita, Richland, Sabine, Union, Webster, and Winn.

Acts 1999, No. 1228, §1.