La. Rev. Stat. § 33:2740.53 — LA Code / Code revised-statutes / Title 33 / Section 2740.53
Florida Boulevard Economic Development District
Status: in_force

A. Creation. (1) There is hereby created within East Baton Rouge Parish the Florida Boulevard Economic Development District, also referred to in this Section as the "district". The district shall be a special district and political subdivision of the state created to plan and facilitate the revitalization of the residential and commercial areas within the district.

(2) The district shall include the area within the following boundaries: beginning at the intersection of Florida Boulevard and North Foster Drive, north along North Foster Drive to its intersection with Greenwell Springs Road, then northeast along Greenwell Springs Road to its intersection with Airline Highway, then southeast along Airline Highway to its intersection with South Choctaw Drive, then east along South Choctaw Drive to its intersection with Monterrey Boulevard, then south along Monterrey Boulevard to its intersection with Florida Boulevard, then east along Florida Boulevard to its intersection with Marilyn Drive, then south along Marilyn Drive to its intersection with Mollylea Drive, then west on Mollylea Drive to its intersection with Cora Drive, then north on Cora Drive to its intersection with Florida Boulevard, then west along Florida Boulevard to its intersection with North Foster Drive.

B. Governance. (1) The district shall be governed by an eleven-member board of commissioners. The members shall be appointed as follows:

(a) One member of the board shall be appointed at large by the mayor-president, with the approval of the metropolitan council.

(b) One member of the board shall be appointed by the mayor-president, with the approval of the metropolitan council, from a list of four nominees submitted by the Greater Baton Rouge Area Chamber of Commerce.

(c) One member of the board shall be appointed by the mayor-president, with the approval of the metropolitan council, from a list of four nominees submitted by the Florida Boulevard-West Merchants Association.

(d) One member of the board shall be appointed by the mayor-president, with the approval of the metropolitan council, from a list of four nominees submitted by the Florida Boulevard-East Merchants and Community Association.

(e) Three members of the board shall be appointed by the mayor-president, with the approval of the metropolitan council, from a single list of six nominees submitted by all of the members of the Louisiana Legislature who represent the area which comprises the district.

(f) Four members shall be appointed by the mayor-president, with the approval of the metropolitan council, who shall be residents, one each, of the following quadrants of the district: the portion of the district north of Florida Boulevard and west of Airline Highway, the portion of the district north of Florida Boulevard and east of Airline Highway, the portion of the district south of Florida Boulevard and west of Airline Highway, the portion of the district south of Florida Boulevard and east of Airline Highway.

(2) Each commissioner shall be a qualified voter of East Baton Rouge Parish and shall have his principal place of business or profession in or own property in the district.

(3) Except for initial terms, a commissioner's term shall be four years. Three commissioners shall serve an initial term of one year, three of two years, three of three years, and three of four years as determined by lot at the first meeting of the board. A commissioner shall serve until his successor has been appointed and qualified.

(4) Any vacancy during an unexpired term shall be filled in the manner of the original appointment for the remainder of the term.

C. Administration. (1) As soon as practical after its appointment, the board shall meet and elect from its number a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.

(2) The duties of the officers shall be fixed by bylaws adopted by the board. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within or without the district as may be prescribed in the bylaws.

(3) The minute books and archives of the board shall be maintained by the board's secretary with the help and assistance of and through the office of the metropolitan council administrator. The monies and funds of the district in the official custody and control of the board's treasurer shall be deposited, expended, and accounted for, accounts and records maintained, and idle funds invested through the department of finance, under the director of finance, and checks issued through the office of the parish treasurer as in the case of city-parish monies. The office of parish attorney shall serve as the board's regular attorney, and the services of other offices and departments of the city-parish shall be furnished in accordance with Subsection G of this Section.

(4) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available to the public in conformance with law.

(5) The members of the board shall serve without compensation; however, they may receive a travel allowance as reimbursement for expenses incurred while attending to the business of the board or the district.

D. Development plan. (1) The board shall prepare or cause to be prepared a plan or plans, hereafter in this Section referred to as a "development plan", specifying the public improvements, facilities, and services proposed to be furnished, constructed, or acquired for the district. The board may conduct hearings, publish notice, and disseminate information with respect to the development plan.

(2) Any development plan may specify and encompass any public services, capital improvements, and facilities which the city-parish governing authority is authorized to undertake, furnish, or provide under the constitution and laws of the state of Louisiana, and such specified public services, improvements, and facilities shall be special and in addition to all services, improvements, and facilities which the city-parish governing authority is furnishing or providing or may be obligated to furnish or provide within the district.

(3) Any development plan shall include:

(a) An estimate of the annual and total cost of acquiring, constructing, or providing the services, improvements, or facilities set forth therein.

(b) An estimate of the total number of mills required to be levied each year on the taxable real property within the district in order to provide the funds required for the implementation of the development plan.

(c) The proportion of the tax to be levied on the taxable real property within the district which is to be set aside and dedicated to paying the cost of furnishing specified services and the proportion of such tax to be set aside and dedicated to paying the cost of capital improvements or paying the cost of debt service on any bonds to be issued to pay the cost of capital improvements, such proportions, in each case, to be expressed in numbers of mills.

(4) The board shall submit the development plan to the city-parish planning commission. The planning commission shall review the development plan and determine if it is consistent with the comprehensive plan for the city-parish. The planning commission, within thirty days following receipt of the plan, shall submit to the metropolitan council its written opinion as to whether or not the development plan or any portion or detail thereof is inconsistent with the comprehensive plan for the city-parish and its written comments and recommendations regarding approval of the development plan.

(5)(a) The metropolitan council shall review and consider the development plan and the planning commission's comments and recommendations. It may, by a majority vote of all its members, adopt the plan as originally submitted or alter or modify the plan or any portion or detail thereof.

(b) If the development plan as originally submitted by the board is adopted, it shall become final and conclusive and may thereafter be implemented. If the council alters or modifies the development plan, it shall submit the altered or modified plan to the board for its concurrence or rejection.

(c) The board may concur in the modified development plan by a majority vote of all of its members. If the board votes to concur in the modified development plan, the plan shall become final and conclusive and may thereafter be implemented. If the board does not concur in the modified development plan, it shall notify the metropolitan council in writing of its decision, and any subsequent submission of a development plan shall be in accordance with procedures established in this Subsection for the original submission.

(d) Thereafter, the board may prepare or cause to be prepared modifications to the development plan or plans and submit them to the planning commission in accordance with the same procedure prescribed for adoption of the original plan. The planning commission shall submit the proposed modifications and its written comments and recommendations to the metropolitan council for its adoption, modification, or rejection in the manner and with the same effect as provided with respect to the original development plan.

E. Employees and professional services plan. (1)(a) The board may prepare and submit directly to the metropolitan council a plan or plans, hereafter referred to in this Subsection as an "employment plan", setting forth its intention to employ or otherwise retain the services of professional consultants, experts, and other advisors and personnel as it shall deem to be necessary or convenient to assist in preparation of a plan for the orderly and efficient development of the services and improvements specified in the development plan and in implementation of the development plan.

(b) The employment plan shall specify the services to be rendered by such advisors and personnel, an aggregate estimate of the proposed compensation of such advisors and personnel, and an estimate of other expenses required for the preparation of the plan for the orderly and efficient development of services and improvements and the implementation of the development plan.

(c) The employment plan shall be submitted with a request that a tax in an amount sufficient to cover the costs of such compensation and expenses be levied on real property within the district. The employment plan shall also include a proposed budget of income and expenditure by specified source of funding for each of the years the tax is to run.

(2)(a) The metropolitan council shall review and consider the employment plan and shall, within thirty days after submission, adopt or reject it by a majority vote of its members.

(b) If the metropolitan council adopts the employment plan, it shall become final and conclusive and may be implemented by the board.

(c) If the metropolitan council rejects the employment plan, it shall notify the board of its action, and the board may again prepare and submit to the council a plan in accordance with procedures provided in this Subsection.

F. Termination. If no development plan is finally and conclusively adopted within four years after August 15, 2001, all power and authority conferred hereby shall lapse, the district shall be dissolved, and all power and authority incident thereto shall become null and void as a matter of law; however, in such event, all obligations incurred by the district shall survive and shall be fully enforceable in accordance with their terms.

G. Services and improvements. (1) All services to be furnished within the district pursuant to any development plan finally and conclusively adopted may be furnished, supplied, and administered by the city-parish through its regularly constituted departments, agencies, boards, commissions, and instrumentalities. All capital improvements and facilities to be acquired, constructed, or provided within the district may likewise be acquired, constructed, or provided by the city-parish through its regularly constituted departments, agencies, boards, commissions, and instrumentalities, it being the intention of this Paragraph to avoid duplication of administrative and management efforts and expense in the implementation of the development plan.

(2) In order to provide services or provide, construct, or acquire capital improvements or facilities, the board may enter into intergovernmental local service contracts with the city-parish.

H. Taxing authority. (1) The district, as a special district and political subdivision of the state, may levy and collect special ad valorem taxes as provided in this Subsection. Any such tax shall be collected in the same manner and at the same time as all other ad valorem taxes levied in the city-parish are collected.

(2)(a) After a development plan or an employment plan has been finally adopted, the governing authority of the district may levy an ad valorem tax on real property within the district at a rate sufficient to fund the activities and expenses provided for therein. The tax shall be levied for a term not to exceed twenty-five years. The proceeds of the tax shall be used exclusively for the purposes and benefit of the district in accordance with the plan or plans.

(b) No tax authorized by this Subsection shall be levied until a proposition authorizing its levy and stating the rate and the duration of the tax has been submitted to the electors of the district at an election held in accordance with the Louisiana Election Code and such proposition has been approved by a majority of the electors of the district who vote on the proposition at such election. The governing authority of the district may call such election subject to approval of the State Bond Commission and the metropolitan council.

(3) The avails of the taxes authorized by this Subsection shall be paid over by the tax collector to the city-parish finance department, day by day as they are collected, and deposited to a special account established for the district.

(4) It is expressly declared that the special taxes authorized by this Subsection are limited to immovable property, and nothing contained in this Section shall be construed to authorize the levying of a tax upon movable property of any kind or description whatsoever, whether corporeal or incorporeal.

I. Authority to incur debt. (1)(a) Subject to the provisions of this Subsection, the governing authority of the district may fund the avails of the tax authorized by Subsection H of this Section into bonds or other instruments of indebtedness for the exclusive benefit of the district. The principal of, the premium, if any, and interest on the bonds or other instruments of indebtedness shall be payable solely from the proceeds of such tax. The bonds shall not constitute general obligations of the city, the parish, the city-parish, the district, or the state of Louisiana. The outstanding principal amount shall never exceed twenty million dollars and shall not exceed the principal amount which may be serviced in principal and interest from seventy-five percent of the avails estimated to be available in the first and each succeeding year that there are outstanding bonds. The bonds shall bear such rate or rates of interest and, except as otherwise provided by this Subsection, shall be in such form, terms, and denominations, and be redeemable at such times and places, within a period of not exceeding twenty-five years from the date thereof, as may be provided for in the district's resolution providing for their issuance.

(b) Bonds issued under the provisions of this Section do not constitute or create an obligation, either general or special, debt, liability, or moral obligation of the city of Baton Rouge, East Baton Rouge Parish, or the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever. The bonds shall be obligations of the district only, payable solely from the revenues pledged therefor as provided in Subparagraph (1)(a) of this Subsection. In no event will bonds issued under this Section constitute or give rise to pecuniary liability of the city of Baton Rouge, East Baton Rouge Parish, or the state of Louisiana, nor will the district have the power to pledge the general credit or taxing power of the city of Baton Rouge, East Baton Rouge Parish, or the state of Louisiana for the payment of such bonds. Neither the faith and credit nor the taxing power of the city of Baton Rouge, East Baton Rouge Parish, or the state of Louisiana is pledged for payment of bonds issued under this Section. All bonds issued under this Section shall contain a statement on their face substantially to the effect that neither the faith and credit nor the taxing power of the city of Baton Rouge, East Baton Rouge Parish, or the state of Louisiana, is pledged to the payment of the principal or the interest on such bonds.

(c) No bonds shall be issued unless a proposition authorizing the issuance of bonds and stating the maximum amount of bonds to be issued and the maximum period over which the bonds will be outstanding has been submitted to the district electors at an election held in accordance with the Louisiana Election Code and such proposition has been approved by a majority of the district electors who vote on the proposition. The governing authority of the district may call such election subject to approval of the State Bond Commission and the metropolitan council.

(2) The bonds shall be signed by the chairman of the district governing authority and attested by the district's treasurer or secretary; however, in the discretion of the district, one of the signatures may be in facsimile. If any officer whose signature appears upon a bond or coupon ceases to be an officer before delivery of the bonds or coupons to the purchaser, his signature or countersignature shall nevertheless be valid for all purposes.

(3)(a) The resolution of the district authorizing the issuance and sale of such bonds and fixing the form and details thereof may contain such other provisions as the district may deem to be necessary or advisable to enhance the marketability and acceptability thereof by purchasers and investors, including but not limited to covenants with bondholders setting forth:

(i) Conditions and limitations on the issuance of additional bonds constituting a lien and charge on the avails of the special tax levied on real property within the district pari passu with bonds theretofore issued and outstanding.

(ii) The creation of reserves for the payment of the principal of and interest on such bonds.

(b) The bonds and the interest thereon shall be exempt from all taxation levied for state or parish, municipal, or other local purposes.

(c) Savings banks, tutors of minors, curators of interdicts, trustees, and other fiduciaries are authorized to invest the funds in their hands in the bonds issued pursuant to this Subsection.

J. General powers and duties. The governing authority of the district shall have the following additional powers and duties:

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

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

(3) To maintain an office at such place as it may designate and for such purposes to occupy space as may be made available by the city-parish governing authority.

(4) To sue and to be sued.

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

(6) To acquire, by any lawful means, property, including rights-of-way, and to hold and use any franchise or property, whether real, personal, or mixed, tangible or intangible, necessary or desirable for carrying out the objects and purposes of the district.

(7) To borrow money and issue bonds or obligations of the district in the manner provided by this Section and to refund the same.

(8) To make and execute contracts and other instruments necessary in the exercise of the powers and functions of the district.

(9) To pledge or assign any monies, fees, charges, or other revenues and any proceeds derived by the district from the sale of bonds and other contracts or rights of the district.

(10) Subject to limitations otherwise provided by this Section, to employ such employees, to make use of such persons as the city-parish governing authority may make available to the district for its use, and to employ or otherwise retain the services of accountants, financial advisors, underwriters, attorneys, engineers, and other consultants as may be required, in the judgment of the governing authority, and to fix and pay their compensation.

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

Acts 2001, No. 367, §1.
La. Rev. Stat. § 33:1420.11 — LA Code / Code revised-statutes / Title 33 / Section 1420.11
Authority to create special districts
Status: in_force

A. Pursuant to and in accordance with Article VI, Sections 16 and 19 of the Constitution of Louisiana and the Jefferson Parish home rule charter, the governing authority of Jefferson Parish may, upon its own initiative, establish, create, merge, consolidate, and abolish special districts and subdistricts within which may be provided fire protection, recreation facilities, water, streets, sidewalks, street lighting, waste and garbage collection and disposal, sewerage and sewage disposal systems, drainage, security, and other essential facilities and services.

B. The provisions of this Part shall only be applicable to districts and subdistricts lying wholly within Jefferson Parish.

Acts 1999, No. 880, §1, eff. July 2, 1999; Acts 2001, No. 382, §1, eff. June 13, 2001.
La. Rev. Stat. § 33:2746 — LA Code / Code revised-statutes / Title 33 / Section 2746
Penalty for nonpayment of tax
Status: in_force

Upon local taxes not paid and delinquent thirty days after the date upon which the tax is due, there shall be an interest penalty of one and one-quarter percent per month on the amount of the tax due, which shall be collected by the tax recipient body, together with and in the same manner as the tax.

Amended by Acts 1982, No. 853, §2, eff. Oct. 1, 1982.
La. Rev. Stat. § 33:4720.145 — LA Code / Code revised-statutes / Title 33 / Section 4720.145
Severability
Status: in_force

The provisions of this Chapter are hereby declared to be severable, and if any Section, Subsection, Paragraph, provision, exception, sentence, clause, phrase, or part of this Chapter is held unconstitutional or void, the remainder of this Chapter shall continue in full force and effect, it being the legislative intent, now hereby declared, that this Chapter would have been enacted even if such unconstitutional or void matter had not been included therein. Notwithstanding any other evidence of legislative intent, it is hereby further declared to be the controlling legislative intent that, if any provisions or part of this Chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of this Chapter, and the application of such provision or part to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Chapter are inconsistent with the provisions of any other law, the provisions of this Chapter shall be controlling.

Acts 2007, No. 390, §1, eff. July 10, 2007.
La. Rev. Stat. § 33:143 — LA Code / Code revised-statutes / Title 33 / Section 143
General primary law to apply
Status: in_force

The special election shall be held in accordance with Title 18, Chapter 2, Part I, except as specially provided for in this Sub-part.
La. Rev. Stat. § 33:113 — LA Code / Code revised-statutes / Title 33 / Section 113
Procedure; legal effect of approval of plat
Status: in_force

A planning commission shall approve or disapprove a plat within sixty days after the submission thereof to it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by such commission on demand. The applicant for a commission's approval may, however, waive this requirement and consent to an extension of such period. The ground of disapproval of any plat shall be stated upon the records of such commission. Any plat submitted to such commission shall contain the name and address of a person to whom notice of a hearing shall be sent; and no plat shall be acted on by such commission without affording a hearing thereon. Notice shall be sent to the said address by certified mail of the time and place of such hearing not less than five days before the date fixed therefor. A planning commission shall give notice of such hearings, including the purpose, time, and place, by at least one publication in a newspaper of general circulation in the area surrounding the proposed subdivision, not less than five days prior to the hearing date; provided, however, that in parishes or municipalities with a population in excess of one hundred fifty thousand, the public hearing may be waived by the planning commission or planning authority for subdivisions creating five or less lots not involving the creation of any new streets, and provided further that the provisions in such waivers shall be clearly set forth in the official subdivision regulations. Every plat approved by a planning commission shall, by virtue of such approval, be deemed to be an amendment of or an addition to or a detail of the official plan and a part thereof. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. A planning commission may, from time to time, recommend to the local legislative body amendments to the zoning ordinance or map or additions thereto to conform to such commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions.

In the case of a parish planning commission, such requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as a part of a zoning ordinance or map.

Amended by Acts 1966, No. 498, §1; Acts 1975, No. 556, §1; Acts 1977, No. 108, §1; Acts 1981, No. 379, §1.
La. Rev. Stat. § 33:383.2 — LA Code / Code revised-statutes / Title 33 / Section 383.2
Municipal elections in certain municipalities
Status: in_force

A.(1) Notwithstanding any other provision of law to the contrary, the governing authority of any municipality with a population of not more than one thousand persons according to the latest federal decennial census and which holds municipal elections at the same time as the 2004 congressional election as provided by R.S. 18:402(B), may, by ordinance, adopt a plan for holding municipal elections at the gubernatorial election in accordance with R.S. 18:402(A). No such plan shall be revocable by the governing authority of the municipality.

(2) Any plan adopted pursuant to this Section shall be filed with the secretary of state not less than one year prior to the opening of the qualifying period for the gubernatorial primary election at which municipal officers shall be elected initially under the plan. The first such election under the plan shall be held at the 2007 gubernatorial election.

(3) Any municipality that complies with the provisions of this Subsection may hold its municipal elections at the gubernatorial election in accordance with R.S. 18:402(A).

B. The officers elected under the plan shall take office on the first day of January following their election and shall hold their office for four years. The municipal officers of a municipality that complies with Subsection A of this Section who are elected at municipal elections held at the same time as the 2004 congressional election, as provided by R.S. 18:402(B), shall serve until their successors elected under the plan take office on January 1, 2008.

C. If no election is held on the day authorized by the plan adopted by a municipality or if a vacancy in any municipal office elective by the people occurs or if an officer elected fails to qualify, such vacancy shall be filled in accordance with the provisions of Article VI, Section 13 of the Constitution of Louisiana or as otherwise provided by law.

D. Any vacancy in a municipal office to which the officer is elected or appointed by the mayor and board of aldermen may be filled for the term by the mayor and board of aldermen at any regular or special meeting.

Acts 2003, No. 693, §1.
La. Rev. Stat. § 33:2481 — LA Code / Code revised-statutes / Title 33 / Section 2481
Classified and unclassified service
Status: in_force

A. The classified service shall comprise every position, except those included in the unclassified service, to which the right of employee selection, appointment, supervision, and discharge is vested in the municipal government or with an officer or employee thereof, and which has as its primary duty and responsibility one of the following:

(FIRE)

(1) The chief and assistant chiefs; the intradepartmental division, bureau, squad, platoon and company officers of the fire department.

(2) Fire fighting.

(3) Fire prevention; inspection.

(4) Driving, tillering, and operation of fire apparatus.

(5) Operations and maintenance of radio, fire alarm, or signal system.

(6) Fire department instructors in employee training.

(7) Fire salvage and overhauling services, first aid, advance life support, and emergency medical services.

(8) Automotive or fire apparatus repairs, if such service is operated exclusively by and for either or both the fire or police department.

(9) Secretary to the chief. Departmental records clerk.

(POLICE)

(1) The chief and assistant chiefs; the intradepartmental division, bureau, squad, platoon, and company officers of the police department.

(2) Law enforcement.

(3) Crime prevention; identification; inspection; and investigation.

(4) Police headquarters desk service; jailer, and police matron.

(5) Operations and maintenance of radio, police alarm, or signal system.

(6) Police department instructors in employee training.

(7) Police control of traffic (vehicular and pedestrian.)

(8) Automotive or police apparatus repairs, if such service is operated exclusively by and for either or both the police or fire department.

(9) Secretary to the chief. Department records clerk.

B. The unclassified service shall comprise the following:

(1) All officers, employees, and positions of employment in the municipal government, not having as a principal duty one of the duties hereinabove provided in the classified service.

(2) Officers elected by popular vote and persons appointed to fill vacancies in elective offices.

(3) Secretaries, stenographers, and all clerical positions not specifically included in the classified service.

(4) Pound keepers, dog catchers, janitors, porters, elevator operators, chefs, kitchen helpers and workers, mechanic's helper, car washers, unskilled labor, special guards at schools, or any part-time, or temporary employee.

(5) Any position of employment, the duties of which are included in the classified service, to which the right of employee selection, appointment, supervision, and discharge is vested in and with those other than the municipal government or an officer or employee thereof.

(6) The chief of police for the city of Hammond.

(7) All officers, employees, and positions with primary duties that include wellness, mental health, or physical fitness.

Acts 1985, No. 998, §1, eff. July 23, 1985; Acts 2001, No. 5, §1; Acts 2024, No. 230, §1.

NOTE: See Acts 2001, No. 5, §2, relative to application of the Act.
La. Rev. Stat. § 33:225 — LA Code / Code revised-statutes / Title 33 / Section 225
Incorporation within East Baton Rouge Parish; maintenance of roads and drainage
Status: in_force

A. Notwithstanding any other provision of law to the contrary, when Central is incorporated in the parish of East Baton Rouge pursuant to Subpart A of Part I of Chapter 1 of this Title on and after the date the Central Transition District ceases existence, the governing authority of the newly created municipality shall be responsible for the maintenance of any road or drainage maintained by or dedicated to the parish of East Baton Rouge prior to the effective date of incorporation which is located within the boundaries of the municipality.

B. Notwithstanding the provisions of Subsection A of this Section, the governing authority of East Baton Rouge Parish shall be responsible for maintaining the following roadways:

(1) Comite Drive from Blackwater Road to the Comite River (0.72 miles).

(2) Dyer Road from the Comite River to Blackwater Road (1.2 miles).

(3) Joor Road from Hooper Road to Greenwell Springs-Port Hudson Road (6.27 miles).

(4) The proposed Central Thruway from the Comite River to Sullivan Road (2.21 miles).

(5) Sullivan Road from Greenwell Springs Road to Wax Road (2.21 miles).

(6) Sullivan Road from Hooper Road to Joor Road (1.19 miles).

Acts 2005, No. 376, §1, eff. June 30, 2005.
La. Rev. Stat. § 33:9056.1 — LA Code / Code revised-statutes / Title 33 / Section 9056.1
Caddo Parish Ambulance Service District Number One; authority of board
Status: in_force

In addition to the authority granted by and notwithstanding the provisions of this Chapter, the board of commissioners of Caddo Parish Ambulance Service District Number One is authorized to provide ambulance service within the district by contract with commercial, municipal, or nonprofit providers of ambulance services. The board of commissioners of the district may enter into lease agreements with commercial, municipal, or nonprofit organizations primarily engaged in ambulance operations to provide ambulance service within the district.

Acts 1990, No. 659, §1, eff. July 19, 1990.
La. Rev. Stat. § 33:9039.83 — LA Code / Code revised-statutes / Title 33 / Section 9039.83
Powers and functions of the commission
Status: in_force

A. The commission shall establish plans, policy, and marketing strategies to provide for the development and expansion of the film, video, and television production industry in the capital area. The commission shall:

(1) Develop a strategic plan to create and expand a film, video, and television production industry in the capital area, monitor the implementation of such plan, and make such changes in the plan from time to time as the commission deems appropriate.

(2) Provide for the preparation and distribution of promotional and informational materials, electronic and otherwise, providing information on the benefits of producing film and television projects in the capital area.

(3) Provide for direct contact with major studio executives, producers, and production company location coordinators to encourage them to locate production projects in the capital area.

(4) Identify residents of the capital area who have experience and skills in the film, video, and television industry or experience or skills that are needed by or useful to such industry and seek to create job and business opportunities for them.

(5) Serve as an informational clearinghouse and provide technical assistance to individuals and entities engaged in film and television production by:

(a) Compiling, producing, publishing, and updating a comprehensive directory of sites, facilities, vendors, services, and other resources in the capital area available for film, video, and television production.

(b) Maintaining and making available current information on tax incentives and permitting practices and procedures in Louisiana.

(c) Providing site location scouting assistance, as well as location of equipment and props as needed.

(d) Assisting Louisiana filmmakers and television producers in identifying and promoting film and television production opportunities and otherwise providing technical assistance for new and emerging local filmmakers and television producers.

(e) Working with the governor's office of film and television development in Louisiana Economic Development in assisting film and television producers with obtaining necessary permits.

(6) Assist in obtaining permission to film at public and private locations.

(7) Participate in regional, national, and international film and video and television promotional marketplaces.

(8) Sponsor workshops and other learning opportunities on filmmaking, television production, or both, including their legal and financial aspects.

B. The commission may 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.

Acts 2006, No. 574, §1.
La. Rev. Stat. § 33:4064.6 — LA Code / Code revised-statutes / Title 33 / Section 4064.6
Conformity to development plans; franchising
Status: in_force

A. The commission shall have the authority, upon authorization of the governing authority of St. Tammany Parish, to plan, adjust, and relocate sewerage and water systems within the unincorporated portion of St. Tammany Parish to conform with development plans approved by the parish governing authority.

B. The commission shall have sole authority to franchise, on an exclusive or nonexclusive basis, construction or operation of sewerage and water systems in the unincorporated portion of St. Tammany Parish. Existing franchise agreements shall remain in force and shall comply with provisions of existing franchise agreements. The commission shall be responsible for the monitoring, enforcement, and supervision of all existing and future franchise agreements relative to sewerage and water systems. Nothing in this Section shall be construed to conflict with the powers of the Louisiana Public Service Commission. Existing public, nonprofit, and not-for-profit sewerage and water districts shall comply with all parish ordinances and regulations and with rules and regulations adopted by the commission relative to sewerage and water systems.

Acts 1986, No. 934, §1.
La. Rev. Stat. § 33:125 — LA Code / Code revised-statutes / Title 33 / Section 125
Service without compensation; expenses
Status: in_force

All members of a parish development board shall serve without compensation. Any member required to incur expense in the performance of his duty as a member of the board may be reimbursed his actual expenses by the police jury of the parish.
La. Rev. Stat. § 33:3961 — LA Code / Code revised-statutes / Title 33 / Section 3961
Creation, consolidation or enlargement of sewerage districts and sub-districts; ordinance; publication; judicial review
Status: in_force

Any municipality desiring to avail itself of the provisions of this Sub-part may by ordinance of its governing authority create, consolidate or enlarge a sewerage district or districts, and create, consolidate or enlarge sub-district or sub-districts within said districts, irrespective of whether said sub-districts be contiguous or not, for the purpose of purchasing, constructing, improving or maintaining a sewerage system or systems; all ordinances creating, consolidating or enlarging said district or districts, sub-district or sub-districts shall be published for thirty days in a newspaper published in the municipality in which the sewerage district is situated. Four publications in the newspaper for four consecutive weeks shall be considered as published for thirty days, and within thirty days from the date of the first publication any owner of property within the limits of said sewerage district or sub-district shall have the right to appeal to the courts for the purpose of contesting the action of the governing authority of the municipality, after which time such action of said governing authority shall be incontestable for any cause whatsoever, and no court shall be vested with jurisdiction to entertain any cause of action which calls into question the validity or regularity of the action of the governing authority of the municipality in creating, consolidating, or enlarging said district or sub-district.

Acts 1950, Ex.Sess., No. 6, §1.
La. Rev. Stat. § 33:4548.9 — LA Code / Code revised-statutes / Title 33 / Section 4548.9
Approval of issuance of bonds by State Bond Commission
Status: in_force

The approval of the State Bond Commission shall be obtained prior to the issuance of any bonds of the authority pursuant to the rules and regulations of the State Bond Commission. No notice to, or consent or approval by any other governmental body or public officer shall be required as a prerequisite to the issuance, sale, or delivery of any bonds of the authority, or the making of any loans to any participating political subdivision, or to the exercise of any other public function or corporate power of the authority, except as is expressly provided in this Chapter.

Acts 1991, No. 813, §1.
La. Rev. Stat. § 33:2740.19 — LA Code / Code revised-statutes / Title 33 / Section 2740.19
Baton Rouge Inner City Economic Development District; creation, composition and powers
Status: in_force

A. The Baton Rouge Inner City Economic Development District, hereinafter referred to as the "district", is hereby created, and the boundaries of the district shall be coterminous with the boundaries of the Fourteenth Senatorial District as they exist on September 8, 1989.

B. The district is established for the primary object and purpose of promoting and encouraging industrial and commercial redevelopment, and to stimulate the economy of the district through renewed commerce, industry, and for the utilization and development of human resources of the area by providing information and assistance to help alleviate physical and economic deterioration.

C. In order for the orderly development and effectuation of the services to be furnished by the district and to provide for the representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the district, there is hereby authorized to be created a board of commissioners for the district, hereinafter referred to as the "board".

D.(1) The board shall be composed of fifteen members, all of whom shall be qualified voters of the parish of East Baton Rouge. The members shall be appointed as follows:

(a) One member of the board shall be appointed from the faculty of the Business Administration College at Louisiana State University and Agricultural and Mechanical College, Baton Rouge campus, to be appointed by the chancellor.

(b) One member of the board shall be appointed from the faculty of the Business College at Southern University and Agricultural and Mechanical College, Baton Rouge campus, to be appointed by the chancellor.

(c) One member of the board shall be appointed by the Scotlandville Business Association.

(d) One member of the board shall be appointed by Downtown Development District of Baton Rouge, from its membership.

(e) One member shall be appointed by the president of the Baton Rouge Chamber of Commerce.

(f) One member shall be appointed by the state senator from the Fourteenth Senatorial District.

(g) One member shall be appointed by the state representative from the Sixty-first Representative District.

(h) One member shall be appointed by the state representative from the Sixty-third Representative District.

(i) One member shall be appointed by the state representative from the Sixty-seventh Representative District.

(j) One member shall be appointed by the state representative from the Sixty-sixth Representative District.

(k) One member shall be appointed by the Second District council member of the Metropolitan Council of the city of Baton Rouge and the parish of East Baton Rouge.

(l) One member shall be appointed by the Third District council member of the Metropolitan Council of the city of Baton Rouge and the parish of East Baton Rouge.

(m) One member shall be appointed by the Fifth District council member of the Metropolitan Council of the city of Baton Rouge and the parish of East Baton Rouge.

(n) One member shall be appointed by the Seventh District council member of the Metropolitan Council of the city of Baton Rouge and the parish of East Baton Rouge.

(o) One member shall be appointed by the Tenth District council member of the Metropolitan Council of the city of Baton Rouge and the parish of East Baton Rouge.

(2)(a) The members of the board initially appointed shall have terms of office as follows:

(i) Five members for one year each.

(ii) Five members for two years each.

(iii) Five members for three years each.

(b) The length of the term of each individual appointed shall be determined by lot at the first meeting of the board.

(c) The members of the board shall serve until their successors have been appointed and qualified.

(d) The terms of members of the board appointed upon the expiration of the initial terms shall be three years, and upon expiration of a term of office, the successor shall be appointed in accordance with the procedures herein prescribed for the appointment of the original members.

(e) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.

(3) Any public official authorized to appoint a member of the board may, in lieu of such appointment, serve as a member of the board.

E.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.

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

(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within or outside the district as may be prescribed in the bylaws.

(4) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available to the public in conformance with law.

(5) The members of the board shall serve without compensation; however, if funds are available they may receive a travel allowance as reimbursement for expenses incurred while attending to the business of the board or the district.

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

G. In order to provide growth and development of the district and the prosperity and welfare of the people of the district to expand, restore, improve, and develop existing commercial structures within the district and to encourage the fullest use of underutilized resources, and the enhancement of the tax base and in order to improve communication and coordination among the economic and human development efforts of state, federal, and local governments and to encourage maximum local participation in the development and coordination of federal, state, regional, and local programs in Louisiana and in order to better coordinate state plans and programs with one another, as well as with programs in the federal, regional, local, and private sectors, the board shall:

(1) Make recommendations concerning natural and environmental factors, trends of industrial, population, or other developments; the habits and lifestyles of the people of the district; the relation of land use within the district as it relates to the city as a whole; areas for the concentration of wholesale, retail, business, and other commercial uses; and areas for recreational uses, and for spaces and areas of mixed uses.

(2) Make recommendations concerning the need for and the proposed general location of public and private works and facilities, including but not limited to pollution control facilities.

(3) Make or assist in studies and investigations of the resources of the district and the existing and emerging problems of industry, commerce, transportation, population, housing, public service affecting the redevelopment of the district, and in making such studies to seek the cooperation and collaboration of the appropriate state departments, agencies, and instrumentalities of federal, state, and local government, educational institutions, research organizations, whether public or private, and of civic groups and private persons and organizations.

(4) Prepare and from time to time revise inventory listings of the district's resources and of the major public and private works and facilities of all kinds which are deemed necessary to the redevelopment of the district.

(5) Cooperate and confer with, and upon request supply information to federal agencies, and to local and regional agencies created pursuant to a federal program or which receive federal support, and shall cooperate and confer, as far as possible, with economic development districts in and outside of the state.

(6) Advise and supply information, as far as available, to civic groups and private persons and organizations who may request such information or advice, and who study or otherwise concern themselves with the district's problems and development of the fields of business and industry, labor, natural resources, urban growth, housing and public service activities such as public health and education, insofar as such problems and development may be relevant to the district's redevelopment.

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

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

(9) Solicit the assistance and active cooperation of industry and private civic organizations which are active in anti-litter and recycling efforts to assist in the control and reduction of litter in the district. The district may also encourage industry and private civic organizations to participate in the "adopt-a-road" program as provided in R.S. 25:1114 for the purpose of controlling litter along the highways in the district.

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

(11) Exercise all other powers necessary and proper for the discharge of its duties.

Acts 1989, 2nd Ex. Sess., No. 19, §1.
La. Rev. Stat. § 33:4313 — LA Code / Code revised-statutes / Title 33 / Section 4313
Removal from commission; reasons; procedures; hearing; appeal
Status: in_force

A. Any member of the commission may be removed by the respective mayor and board of aldermen for inefficiency, incompetency, dishonesty, fraud, political activities, or for any other reasonable or just cause, or being interested, directly or indirectly, in the sale to the respective municipalities for the use and benefit of the combined systems, or being interested in any way or manner in any contract, whether for services or materials, or otherwise, which affects or applies to, or is any way connected with, the operations and management of the combined system. Any violation of these provisions shall subject such member to the penalties provided by the criminal laws of the State of Louisiana.

The mayor and board of aldermen shall be without authority to remove any member of the commission herein created for purely political purposes.

B. Before a member of the commission can be removed for any reason, the commission must inform him of the particular charge against him and such member shall have, and is hereby given, the absolute right to demand an open hearing. He shall have the right to appear with counsel and to offer any competent and relevant testimony to refute said charges. A vote of two-thirds of the board of aldermen shall be required to remove a member of the commission.

C. The commission itself, by a majority vote, may remove any member of the commission where it finds, after investigation, that the member is inefficient, incompetent, or when he attempts to use political influence or pressure in any way or manner upon any employee, member of the commission, or other person connected with the system, or upon any person or firm who or which sells to the commission any material, or any contractor who desires to deal with or who is dealing with the commission or the city government in any way purely for political reasons or purposes, or if such member is interested in the sale of any materials to said systems, or interested in any way directly or indirectly, in any contract let by the commission with reference to the said systems, or for any other just or reasonable causes or for any cause which under the law is sufficient to impeach and remove from office any person.

D. Any ten qualified electors and property taxpayers in the municipality may file charges against any member of the commission with the commission or with the mayor and board of aldermen of the municipality. These charges shall be specific and the persons filing charges shall have the right to offer proof and support thereof. The taxpayers may also file a petition in any court of competent jurisdiction to remove any member of the commission for any of the causes set forth herein, or for any other cause which under the general law of Louisiana would justify impeachment or removal from office. Such cases shall be tried in the manner now or hereafter provided by law, and appeals from any decisions shall be to the court now provided with jurisdiction of appeals from the district courts.

E. Any member removed may appeal to the courts for protection of his rights and interest.

Acts 1972, No. 598, §2.
La. Rev. Stat. § 33:4160.31 — LA Code / Code revised-statutes / Title 33 / Section 4160.31
Certificates
Status: in_force

Certificates issued hereunder shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale, or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value thereof.

Acts 1992, No. 472, §1.
La. Rev. Stat. § 33:9038.78 — LA Code / Code revised-statutes / Title 33 / Section 9038.78
Cooperative economic development; certain municipalities
Status: in_force

A. A municipality with a population of between one thousand five hundred twenty-five and one thousand six hundred as established by the most recent federal decennial census may create a taxing district as provided in this Section. Any such taxing district is a political subdivision of the state.

B. The ordinance creating the district shall establish the boundaries of the district.

C. Any such district shall be created to provide for cooperative economic development among the municipality, the parish, the owners of property in the district, the district, and the state, in order to provide for the redevelopment of and dramatic improvement to the blighted property within the area of the district into a conference-style hotel and related facilities.

D.(1) The ordinance creating the district shall provide for its governing board subject to the provisions of this Subsection.

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

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

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

(5) The board shall elect from its own members a president, a vice-president, and a secretary-treasurer, whose duties shall be common to such offices or as may be provided by bylaws adopted by the district. The board shall hold regular meetings and may hold special meetings as provided in the bylaws.

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

(1) To sue and to be sued.

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

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

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

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

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

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

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

F.(1) In order to provide funds for the purposes of the district, the district may levy and collect within the district a tax upon the occupancy of hotel rooms and a tax upon the sale of food and beverage not intended for home consumption. The aggregate tax rate upon the occupancy of hotel rooms within the district shall be at least equal to the aggregate rate of all taxes upon the occupancy of hotel rooms levied and collected within the parish where the district is located. The aggregate food and beverage tax rate within the district shall be at least equal to the aggregate rate of all taxes on food and beverage levied and collected within the parish where the district is located.

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

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

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

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

(3) The taxes authorized in this Section shall be imposed by ordinance adopted by the board without the need of an election.

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

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

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

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

H. The district shall dissolve and cease to exist one year after the date on which all loans, bonds, notes, and other evidences of indebtedness of the district, including refunding bonds, are paid in full as to both principal and interest; however, the district shall not have an existence of more than forty years from the date on which a tax authorized pursuant to this Section is first levied by the district.

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

J. This Section, being necessary for the welfare of the municipality and the parish and the residents thereof, shall be liberally construed to effect the purposes thereof.

Acts 2024, No. 569, §1.
La. Rev. Stat. § 33:363 — LA Code / Code revised-statutes / Title 33 / Section 363
Village of Palmetto in St. Landry Parish; authority to provide academic scholarships
Status: in_force

A. The legislature finds that it is important to utilize all available opportunities to aid meritorious but needy students in their efforts to obtain a college education. The legislature further finds that there exists a benefit to the state to educate its citizens in Louisiana institutions of higher education and to encourage such students to remain in Louisiana after completing their education. The legislature further finds that, when possible, the funding of scholarships for such students is a public purpose and, pursuant to Article VII, Section 14 of the Constitution of Louisiana, the legislature intends to approve and encourage such purpose.

B. The governing authority of the village of Palmetto may use any surplus public funds unexpended in prior fiscal years, including accumulated interest paid thereon, to fund academic scholarships for meritorious but needy students.

C. The governing authority of the village of Palmetto shall establish said scholarships by appropriate ordinance or resolution, which establishment shall be preceded by a public hearing, said hearing having been advertised in the official journal of the village at least once and at least fifteen days before adoption of the ordinance or resolution.

D. Such ordinance or resolution shall provide procedures and criteria for application for and award of such scholarships. Each student to whom a scholarship is awarded shall be a resident of the village of Palmetto in St. Landry Parish, shall be accepted to attend or be enrolled as an undergraduate student in a Louisiana institution of higher education, shall have a cumulative high school or college grade point average of at least three points when calculated on a four-point basis, and shall be adjudged needy by standards equivalent to or more stringent than those of nationally recognized analyses such as those used by the College Scholarship Service or the American College Testing Service. In the event that no student meets the residency criterion, a scholarship may be awarded to a student whose parent or legal guardian is a utility customer of the village in good standing. The village governing authority may establish additional criteria and procedures as are necessary to administer the scholarships. In the administration of the program, no student shall be discriminated against on the basis of race, color, gender, disability, as defined in R.S. 51:2232, national origin, or creed.

Acts 1988, No. 157, §1; Acts 1991, No. 181, §1, eff. July 2, 1991; Acts 1993, No. 820, §5.
La. Rev. Stat. § 33:9037.1 — LA Code / Code revised-statutes / Title 33 / Section 9037.1
Bond financing of cooperative endeavors; city of New Orleans; parishes of East Baton Rouge and Jefferson; leases
Status: in_force

Any economic development corporation or political subdivision of the state may issue bonds, subject to applicable law, to finance a cooperative endeavor. The city of New Orleans and the parishes of East Baton Rouge and Jefferson or any municipality within any such parish, or any public benefit corporation formed by any such municipality or parish, or economic development corporation established in any such municipality or parish, may enter into any lease or sublease for the purpose, directly or indirectly, of securing or providing revenues to be used to pay the principal or interest on such bonds which lease or sublease may be for a period not exceeding ninety-nine years.

Acts 2002, No. 81, §1, eff. June 25, 2002; Acts 2011, 1 st Ex. Sess., No. 20, §1, eff. June 12, 2011.
La. Rev. Stat. § 33:258 — LA Code / Code revised-statutes / Title 33 / Section 258
Contests
Status: in_force

For sixty days after promulgation of the results of an election held under this Subpart, any person in interest may contest the legality of the election as provided in Chapter 9 of Title 18 of the Louisiana Revised Statutes of 1950. After that time no one shall have any cause or right of action to contest the regularity, formality, or legality of the election. If the validity of the election is not raised within the sixty days, the authority to dissolve the municipality shall be conclusively presumed to be valid, and no court shall have authority to inquire into such matters.

Acts 2016, No. 313, §1, eff. June 2, 2016.
La. Rev. Stat. § 33:140.101 — LA Code / Code revised-statutes / Title 33 / Section 140.101
Repealed by Acts 1996, 1st Ex. Sess., No. 53, §2, eff. May 7, 1996.
Status: repealed

NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 53, §§3-7.
La. Rev. Stat. § 33:9039.107 — LA Code / Code revised-statutes / Title 33 / Section 9039.107
General powers
Status: in_force

In addition to the powers and duties elsewhere granted in this Chapter, the board is hereby granted and shall have and may exercise all powers necessary and convenient for the carrying out of its objects and purposes, including but not limited to the following:

(1) To sue and be sued.

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

(3) To acquire by gift, grant, purchase, lease, or otherwise and to hold and use any property, real, personal, or mixed, tangible or intangible, or any interest therein necessary and desirable for carrying out the objects and purposes of the district and to hold and invest funds.

(4) To sell, transfer, convey, or alienate any property acquired by it, or any interest therein at any time, by negotiation, to accomplish the objects and purposes of the district.

(5) To lease or sublease all or any portion of any property, by negotiation, for a term not exceeding ninety-nine years at a fixed or variable rental and without advertisement for public bids.

(6) To donate by fee simple title, or otherwise to convey to the United States, the state, or to any political subdivision of the state, any lands, property, right-of-way, easement, servitude, or other thing of value, which the district may own or acquire, for use by such governmental entity to accomplish the objects and purposes of the district.

(7) To make and collect reasonable charges for the use of property of the district and for services rendered by the district and to regulate reasonably the fees and charges to be made by privately owned, leased, or otherwise authorized users of property owned by the district, or sold or leased by the district when same are offered for the use of the public.

(8) To enter into contracts to achieve the district's object and purposes including but not limited to contracts for professional and other services and for the purchase, lease, acquisition, sale, construction, operation, maintenance, and improvements of land, public or private works, and facilities, as the district may deem necessary and convenient to accomplish the objects and purposes of the district.

(9) To plan, develop, regulate, operate, and maintain activities and land uses to foster creation of new jobs, economic development, industry, health care, commerce, manufacturing, relocation of people and businesses to the area, offices, the acquisition of land and improvements, and the construction, operation, and maintenance of facilities, improvements, and infrastructure, including buildings, roads, drainage, and utilities, and other functions and activities to accomplish the object and purposes of the district and to protect the public health and welfare.

(10)(a) In its own name and behalf, to incur debt and issue general obligation bonds under the authority of and subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, for the establishment, operation, and maintenance of district property or to carry out the other public purposes of this Chapter, to issue revenue bonds, borrow money, and issue certificates of indebtedness, notes, and other debt obligations as evidence thereof and provide for the manner and method of repayment without election, to require and issue licenses, to regulate the imposition of fees and rentals charged by the district for services rendered by it or fees or rentals charged for use of privately owned facilities located on district property when such facilities are offered for use by the public or by a private industrial, commercial, research, or other economic development entity or activity. However, the district is prohibited from incurring any obligation which arises out of the construction of water utility facilities which duplicate, curtail, impair, or directly compete with a regulated water utility operating in or adjacent to the district at the time of the creation of the district.

(b) Subject to the provisions of R.S. 33:9039.109(A), to levy annually and cause to be collected an ad valorem tax of up to five mills for public purposes, which tax shall be imposed on all taxable property within the boundaries of the participating parish or municipality, or any combination of contiguous participating parishes or municipalities. Any roll forward adjustment of ad valorem taxes by the district, as authorized by and in accordance with the Constitution of Louisiana, may be adopted only after the governing authority of each participating parish and municipality in the district has, by resolution, approved the proposed adjustment.

(c)(i) Subject to the provisions of R.S. 33:9039.109(A), to levy and collect a sales and use tax of up to two percent for public purposes within the boundaries of the participating parish or municipality, or any combination of contiguous participating parishes or municipalities, which tax may exceed the limitation set forth in Article VI, Section 29(A) of the Constitution of Louisiana, or state law relative to parishes, municipalities, and school boards. Any such tax levied by the district shall not be considered in determining the aggregate tax when applying the limitation imposed under Article VI, Section 29(A) of the Constitution of Louisiana.

(ii) The sales and use tax shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the distribution, and storage for use or consumption of tangible personal property, and upon the sales of services within the boundaries of the participating parish or municipality, or any combination of contiguous participating parishes or municipalities, all as presently defined in R.S. 47:301 through 318.

(iii) Except where inapplicable, the procedure established by R.S. 47:301 through 318 shall be followed in the imposition, collection, and enforcement of the sales and use tax, and procedural details necessary to supplement those Sections and to make them applicable to such tax herein authorized shall be fixed in the resolution imposing the tax.

(iv) The tax shall be imposed and collected uniformly throughout the boundaries of the participating parish or municipality, or any combination of contiguous participating parishes or municipalities.

(11) To develop, activate, construct, exchange, acquire, improve, repair, operate, maintain, lease, mortgage, sell, and pledge movable and immovable property, servitudes, facilities, and works under such terms and conditions as the district deems necessary and appropriate for any purpose, notwithstanding the limitations of any law to the contrary.

(12) To borrow money and pledge all or part of its revenues, leases, rents, and other income, fees, or resources of any nature as security for such loans or bonds.

(13) To appoint officers, agents, and employees, including an executive director and staff and prescribe their duties. The board, subject to the prior approval of the governing authority of each municipality and parish within the district, shall fix the compensation of the officers, agents, and employees of the district.

(14) To sell by negotiation or by public bid, after due advertisement, to the highest bidder any property, movable or immovable, or portions thereof, acquired by the district subsequent to July 5, 2006. Any advertisement for bids and the minimum price and terms of the sale shall be advertised in the official journal. The advertisement shall be published three times within ten days before the day that bids will be received. If, after the advertisement for bids, there are no bids received or the bids received are unreasonably low, as determined by a majority vote of the board, then the board may negotiate the sale of such property at fair market value to be agreed upon by majority vote of the board. In no instance may the property be transferred by donation or sold for less than the highest bid. If unreasonably low bids were received in the event a negotiated sale is used, the sale price shall not be less than the average value ascribed thereto by two appraisals by MIA appraisers.

Acts 2006, No. 839, §1, eff. July 5, 2006.
La. Rev. Stat. § 33:5091 — LA Code / Code revised-statutes / Title 33 / Section 5091
Short title
Status: in_force

This Chapter shall be known and may be cited as the "Landscape and Fishery Equipment and Agricultural Fairness Act".

Acts 2024, No. 195, §1.
La. Rev. Stat. § 33:2740.67 — LA Code / Code revised-statutes / Title 33 / Section 2740.67
Baton Rouge North Economic Development District
Status: in_force

A. Creation. The Baton Rouge North Economic Development District, referred to in this Section as the "district", is hereby created in the parish of East Baton Rouge. The district shall be a political subdivision of the state created for the purpose of developing the area included within the district in order to provide for substantial economic activity and employment opportunities.

B. Boundaries. The district shall include the area within the following boundaries: beginning at the intersection of North 22nd Street and Florida Boulevard, east along Florida Boulevard to its intersection with North Sherwood Forest Drive, then north along North Sherwood Forest Drive to its intersection with Greenwell Springs Road, then southwest along Greenwell Springs Road to its intersection with Joor Road, then north along Joor Road to its intersection with Mickens Road, then west along Mickens Road to its intersection with Hooper Road, then west along Hooper Road to its intersection with Harding Boulevard, continuing west along Harding Boulevard to its intersection with Veterans Memorial Boulevard, then north along Veterans Memorial Boulevard to its intersection with Rosenwald Road, then west along Rosenwald Road to its intersection with Scenic Highway, then south along Scenic Highway to its intersection with Shada Avenue, then west to the Mississippi River levee, then south along the Mississippi River levee to Choctaw Drive, then east along Choctaw Drive to its intersection with Scenic Highway, then south along Scenic Highway to its intersection with Main Street, then east along Main Street to its intersection with North 22nd Street, then south along North 22nd Street to the point of beginning.

C. Governance. (1) In order to provide for the orderly planning, development, acquisition, construction, and effectuation of the services, improvements, and facilities to be furnished by the district and to provide for the representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the district, the district shall be managed by a nine-member board of commissioners, referred to in this Section as the "board". The board shall be comprised of members as follows:

(a) One member shall be appointed by the state representative for House District No. 29, who shall be a representative of the business community, on a rotating basis beginning in 2022 and every other year thereafter.

(b) Two members shall be appointed by the state senator for Senate District No. 15.

(c) One member with a background in economic development shall be appointed by the mayor-president of the parish of East Baton Rouge.

(d) One member shall be appointed with a community development background located within the district to be selected by a subcommittee formed by the board.

(e) One member shall be appointed by the owner of the largest parcel of land located within the district.

(f) One member shall be appointed by the state representative for House District No. 61, on a rotating basis beginning in 2022 and every other year thereafter.

(g) One member shall be appointed by the state representative for House District No. 63, on a rotating basis beginning in 2022 and every other year thereafter.

(h) One member shall be appointed by the state representative for House District No. 67, on a rotating basis beginning in 2023 and every other year thereafter.

(i) One member shall be appointed by the state representative for House District No. 101, on a rotating basis beginning in 2023 and every other year thereafter.

(j) One member shall be appointed by the state senator for Senate District No. 14.

(k) Repealed by Acts 2023, No. 389, §2, eff. June 14, 2023.

(l) Repealed by Acts 2022, No. 769, §2, eff. June 18, 2022.

(2) Members shall serve two-year terms.

(3) Board members shall be eligible for reappointment, but the cumulative term of service shall not exceed four years.

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

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

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

(7) The board shall adopt rules and regulations, including a procedure for the removal of inactive board members, as it deems necessary or advisable for conducting its business affairs. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at times and places within the district as may be prescribed in the bylaws.

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

(9) The members of the board shall serve without compensation. The board may reimburse any member for expenses actually incurred in the performance of his duties pursuant to this Section.

D. Powers and duties. (1) The district, through the board, shall have and exercise all powers of a political subdivision necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following:

(a) To sue and to be sued.

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

(c) To adopt bylaws and rules and regulations.

(d) 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.

(e) 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.

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

(g) To acquire by purchase, gift, grant, donation, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the board.

(2) The district shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.

E. District plan. (1) The board shall prepare or cause to be prepared a plan or plans, referred to in this Section as the "plan", specifying the public improvements, facilities, and services proposed to be furnished, constructed, or acquired for the district and shall conduct public hearings, publish notice with respect thereto, and disseminate information as it, in the exercise of its sound discretion, may deem to be appropriate or advisable and in the public interest.

(2) Any plan may specify and encompass any public services, capital improvements, and facilities which the parish of East Baton Rouge is authorized to undertake, furnish, or provide under the constitution and laws of the state of Louisiana, and such specified public services, improvements, and facilities shall be special and in addition to all services, improvements, and facilities which the parish of East Baton Rouge is then furnishing or providing or may then or in the future be obligated to furnish or provide within the district.

(3) Any plan shall include an estimate of the annual and total cost of acquiring, constructing, or providing the services, improvements, or facilities set forth therein.

(4) Any monies received by the district shall be used exclusively for the development of the district plan.

(5) The board shall submit the plan to the governing authority of the parish of East Baton Rouge. The parish governing authority shall review and consider the plan, but the board need not receive approval of the parish governing authority prior to implementing such plan.

F. Services and improvements. (1) All services to be furnished within the district pursuant to any plan finally and conclusively adopted may be furnished, supplied, and administered by the parish of East Baton Rouge through its regularly constituted departments, agencies, boards, commissions, and instrumentalities. All capital improvements and facilities to be acquired, constructed, or provided within the district may likewise be so acquired, constructed, or provided by the parish of East Baton Rouge through its regularly constituted departments, agencies, boards, commissions, and instrumentalities, it being the intention of this Paragraph to avoid the duplication of administrative and management efforts and expense in the implementation of any plan adopted for the benefit of the district.

(2) In order to provide services or provide, construct, or acquire capital improvements or facilities, the board may enter into intergovernmental local service contracts with the parish of East Baton Rouge.

G. Hotel Occupancy Tax. (1) The governing authority of East Baton Rouge Parish may levy and collect a tax upon the paid occupancy of hotel rooms located within the boundaries of the district. The tax shall be two percent of the rent or fee charged for such occupancy. The tax shall be paid by the person who exercises, or is entitled to, occupancy of the hotel room and shall be paid at the time the rent or fee for occupancy is paid. The tax shall be imposed by ordinance adopted by the governing authority of East Baton Rouge Parish, and the ordinance may provide for necessary rules and regulations for imposition, collection, and enforcement of the tax. Should the governing authority take action as authorized in this Paragraph to collect the hotel occupancy tax, the collection shall begin no earlier than September 1, 2016.

(2) The net proceeds of the tax after deduction of reasonable collection expenses shall be made available to the district for any of the district's lawful purposes and as provided by the ordinance dedicating the proceeds.

Acts 2007, No. 98, §1, eff. June 22, 2007; Acts 2009, No. 431, §1, eff. July 7, 2009; Acts 2010, No. 729, §1, eff. June 29, 2010; Acts 2015, No. 433, §1; Acts 2016, No. 528, §1, eff. June 17, 2016; Acts 2020, No. 356, §1, eff. June 12, 2020; Acts 2022, No. 769, §§1, 2, eff. June 18, 2022; Acts 2023, No. 389, §§1, 2, eff. June 14, 2023.

NOTE: See Acts 2015, No. 433, §2, regarding terms of board members.
La. Rev. Stat. § 33:2740.23 — LA Code / Code revised-statutes / Title 33 / Section 2740.23
West Bank Corridor Improvement Commission; creation, composition, and powers
Status: in_force

A. The West Bank Corridor Improvement Commission, hereinafter referred to as the "commission", is hereby created, and the jurisdiction of the commission shall be coterminous with the parish of Jefferson.

B. The commission is established for the primary object and purpose of promoting and encouraging industrial and commercial redevelopment in the vicinity of the west bank of the Mississippi River in the parish of Jefferson, hereinafter referred to as the "area"; and to stimulate the economy of the parish through renewed commerce, and industry in, and for the utilization and development of human resources of, the area by providing information and assistance to help alleviate physical and economic deterioration therein.

C. In order for the orderly development and effectuation of the services to be furnished by the commission and to provide for the representation in the affairs of the commission of those persons and interests immediately concerned with and affected by the purposes and development of the area, the commission shall be composed of all members of the legislature who represent any portion of the parish of Jefferson on the west bank of the Mississippi River.

D.(1) The member of the Senate serving the Eighth Senatorial District shall serve as chairman of the commission. As soon as practical, the commission shall meet and elect from their number a vice chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.

(2) The minute books and archives of the commission shall be maintained by the commission's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the commission's treasurer.

(3) The duties of the officers shall be fixed by bylaws adopted by the commission. The commission shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the commission in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within or outside the parish as may be prescribed in the bylaws.

(4) A majority of the members of the commission shall constitute a quorum for the transaction of business. The commission shall keep minutes of all meetings and shall make them available to the public in conformance with law.

(5) The members of the commission shall serve without compensation; however, if funds are available they may receive a travel allowance as reimbursement for expenses incurred while attending to the business of the commission.

E.(1) The commission shall be assisted by an advisory board made up of representatives of the following:

(a) Avondale Ship Yard.

(b) City of Westwego.

(c) City of Gretna.

(d) Harvey Canal Industrial Association.

(e) West Bank Chamber of Commerce.

(f) Westwego Rotary Club.

(g) Westbank Rotary Club.

(h) West Jefferson Levee District.

(i) The president and chief executive officer of the Board of Commissioners, Port of New Orleans, or his designee.

(j) The chairman of the Jefferson Parish Council.

(k) Gretna Business Association.

(l) Sixth Ward Association for Progress.

(m) Jefferson Black Chamber of Commerce.

(n) Mayor of the town of Jean Lafitte.

(o) Mayor of the town of Grand Isle.

(2) The members of the advisory board shall serve without compensation; however, if funds are available they may receive a travel allowance as reimbursement for expenses incurred while attending to the business of the board or the commission.

F. The commission shall have the power to cooperate with and to engage in cooperative endeavors with other persons and entities as provided by Article VI, Sections 20 and 21 of the Constitution of Louisiana to provide a means by which owners of such properties who expand, restore, improve, or develop them may pay ad valorem taxes for five years based upon the assessed valuation of the property for the year prior to the commencement of the expansion, restoration, improvement, or development.

G. In order to provide growth and development of the area and the prosperity and welfare of the people of the parish to expand, restore, improve, and develop existing commercial structures within the area and to encourage the fullest use of underutilized resources, and the enhancement of the tax base and in order to improve communication and coordination among the economic and human development efforts of state, federal, and local governments and to encourage maximum local participation in the development and coordination of federal, state, regional, and local programs in Louisiana and in order to better coordinate state plans and programs with one another, as well as with programs in the federal, regional, local, and private sectors, the commission shall:

(1) Make recommendations concerning: natural and environmental factors, trends of industrial, population, or other developments; the habits and lifestyles of the people of the parish; land use within the area; places for the concentration of wholesale, retail, business, and other commercial uses; places for recreational uses; and for spaces and places of mixed uses.

(2) Make recommendations concerning the need for and the proposed general location of public and private works and facilities, including but not limited to pollution control facilities.

(3) Make or assist in studies and investigations of the resources of the parish and the existing and emerging problems of industry, commerce, transportation, population, housing, public service affecting the redevelopment of the area, and in making such studies to seek the cooperation and collaboration of the appropriate state departments, agencies, and instrumentalities of federal, state, and local government, educational institutions, research organizations, whether public or private, and of civic groups and private persons and organizations.

(4) Prepare and from time to time revise inventory listings of the parish's resources and of the major public and private works and facilities of all kinds which are deemed necessary to the redevelopment of the area.

(5) Cooperate and confer with, and upon request supply information to federal agencies, and to local and regional agencies created pursuant to a federal program or which receive federal support, and shall cooperate and confer, as far as possible, with economic development districts in and outside of the state.

(6) Advise and supply information, as far as available, to civic groups and private persons and organizations who may request such information or advice, and who study or otherwise concern themselves with the commission's problems and development of the fields of business and industry, labor, natural resources, urban growth, housing and public service activities such as public health and education, insofar as such problems and development may be relevant to the area's redevelopment.

(7) Provide information to officials of departments, agencies, and instrumentalities of state and local government and to the public at large, in order to foster public awareness and understanding of the objectives of the commission in order to stimulate public interest and participation in the orderly, integrated development of the area.

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

(9) Solicit the assistance and active cooperation of industry and private civic organizations which are active in anti-litter and recycling efforts to assist in the control and reduction of litter in the area. The commission may also encourage industry and private civic organizations to participate in the "adopt-a-road" program as provided in R.S. 25:1114 for the purpose of controlling litter along the highways in the area.

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

(11) Exercise all other powers necessary and proper for the discharge of its duties.

Acts 1990, No. 610, §1; Acts 1991, No. 373, §1.
La. Rev. Stat. § 33:6 — LA Code / Code revised-statutes / Title 33 / Section 6
Officers of newly incorporated municipality
Status: in_force

The governor shall appoint all the officers of a newly incorporated municipality, who shall give bond as required. Such officers shall hold office until, the next general municipal election and until their successors take their oaths of office.

Acts 1984, No. 536, §1, eff. Sept. 1, 1984.
La. Rev. Stat. § 33:7553 — LA Code / Code revised-statutes / Title 33 / Section 7553
Corporate status and domicile; funds
Status: in_force

A. Any environmental protection district created under the provisions of this Chapter shall constitute a body corporate and shall have the power and right to incur debts and enter into contracts and to do and perform any and all acts in its corporate name which are necessary or proper for carrying out the objects and purposes for which the district is created, including but not limiting the expropriation of property, the acquisition of equipment, buildings and physical facilities. It shall have the power to sue and be sued, to buy and sell, to acquire by purchase, gifts, expropriation or otherwise every kind of property and servitude, right-of-way and other right deemed necessary to its purpose, and to lease, build, operate and maintain any works or machinery designed to accomplish the purposes of the district. The district shall constitute an agency of the parish designated to carry out an essential governmental function of the parish, all of the property of which district shall be exempt from taxation. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof and to accept gifts, grants, donations of property and money therefrom. It shall have the authority to cooperate with the State of Louisiana or any political subdivision, department, agency, corporation or other environmental protection district of said state for 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 may see fit.

B. The governing authority creating an environmental protection district shall designate the domicile of such corporation which shall be located within the district.

C. The governing authority of the parish shall provide the operating and capital improvement funds of any such district or districts out of the general fund of the parish.

Added by Acts 1970, No. 589, §1.
La. Rev. Stat. § 33:140.156 — LA Code / Code revised-statutes / Title 33 / Section 140.156
Zoning commission; recommendations; public hearing
Status: in_force

The parish planning commission created and established by the provisions of Subpart A of Part IV of Chapter I of Title 33 of the Louisiana Revised Statutes of 1950 shall be the zoning commission for Natchitoches Parish and shall exercise all powers, duties and functions herein provided. It shall be the duty of said zoning commission to recommend the boundaries of the various original districts, as well as the restrictions and regulations to be enforced therein, and any supplements, changes or modifications thereof. Before making any recommendation to the police jury, the zoning commission shall hold a public hearing. Notice of time and place of each such hearing shall be published at least three times in the official journal of the parish, or if there be none, then in a paper of general circulation in the parish, and at least ten days shall elapse between the first publication and date of the hearing. After the hearing has been held by the zoning commission, it shall make a report of its findings and recommendations to the police jury and the police jury shall not hold its public hearings or take any action until it has received the final report of the zoning commission.

Acts 1988, No. 570, §1.
La. Rev. Stat. § 33:1966 — LA Code / Code revised-statutes / Title 33 / Section 1966
Continuous duty in case of emergency
Status: in_force

If an emergency should arise the chief engineer may order all of the forces, both day and night, to remain on continuous duty until the emergency has passed, at which time the fire department shall return to the two shifts. During the period of continuous service the men shall be granted time to go home for their meals three times daily, one hour for each meal.
La. Rev. Stat. § 33:4511 — LA Code / Code revised-statutes / Title 33 / Section 4511
Franchises for taking, transporting, and selling surface water
Status: in_force

A. The governing authority of any parish or municipality, east of the Mississippi River, may grant franchises to private nonprofit corporations for the taking, transporting and sale of surface water from within the geographical limits of such political subdivision to other parishes or municipalities outside the limits of such political subdivision. Such franchises may recognize the authority of the corporation to take water from lakes and streams within the governmental subdivision granting the franchise, and may authorize the transportation and sale of such water outside the limits of the granting subdivision.

B. Corporations holding such franchises, which may be granted on terms and conditions deemed appropriate by the granting authority, shall be deemed to be public utilities within the meaning of the laws of this state, but shall not be subject to regulation by the Public Service Commission insofar as activities hereunder are concerned. Such franchises may be granted without the necessity of an election and without regard to limitations imposed on the granting of franchises by any other statute. Such franchises shall be for a term of not more than sixty years, but may be renewed or extended from time to time for additional periods up to sixty years each.

C. All such franchises, with any contracts entered into for the sale by such corporations of such water and proceeds therefrom may be mortgaged, pledged, or otherwise used to finance the operation, construction, extension, improvement and maintenance of facilities for securing and transporting such water, in the manner and to the extent of private contracts.

D. All laws or parts of laws in conflict herewith are hereby repealed. This Section shall be supplemental to other provisions of the statutes of this state relating to the taking, transporting and sale of water, and franchises and contracts in connection therewith.

Acts 1966, No. 528, §§1, 2.
La. Rev. Stat. § 33:130.406 — LA Code / Code revised-statutes / Title 33 / Section 130.406
Obligations of the district
Status: in_force

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

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

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

(a) Revenue bonds may be issued by the district to accomplish any of the authorized public functions or purposes set forth in this Subpart. All such bonds shall be negotiable instruments and shall be solely the obligations of the district. Such bonds shall be authorized and issued by resolution adopted by a majority vote of the board of commissioners of the district and shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privileges, be payable at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the income, revenue, and receipts of the district as such resolution may provide. The bonds shall be signed by such officers as the district shall determine, and such signatures may be by facsimile.

(b) Such bonds shall be sold by the board of commissioners of the district in such manner as may be determined by the district to be most beneficial to the district and the district shall pay all expenses and commissions that it may deem necessary or advantageous in connection with the issuance and sale of such bonds. Such bonds may, in the discretion of the district, be additionally secured by a mortgage on all or any part of the projects acquired, constructed, extended or improved with the proceeds thereof, and the district shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and provisions to be therein contained.

(c) The issuance and sale of such bonds by the district shall be approved by the State Bond Commission. At least seven days prior to the sale of such bonds by the district, the district shall cause to have published a notice of sale in the official journal of the parish of St. Tammany, Louisiana. This notice of sale shall state if any proposals have been made for the purchase of the bonds and that other proposals will be considered and that the proposal most advantageous to the district will be accepted at the time of the sale. For a period of thirty days from the date of publication of the notice of sale, any person or persons with interest shall have the right to contest the legality of the notice of sale, resolution, or other proceeding authorizing the issuance of the bonds and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or other proceedings or of the bonds authorized thereby for any cause whatsoever. If no suit, action, or proceedings are begun contesting the validity of the bonds and provisions for the payment thereof, the legality thereof, and of all the provisions of the resolution or other proceedings authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters.

(d) Such bonds shall have the qualities of negotiable instruments under the commercial laws of the state of Louisiana. All such bonds shall be special and limited obligations of the district. In no event shall any such bonds constitute an obligation, either general or special, of the general credit of the district or of the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever, and the bonds shall contain a recital to that effect.

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

(4) The district may borrow the amount of the anticipated ad valorem tax, not to exceed five mills, authorized by R.S. 33:130.405 for a period not to exceed ten years and may issue certificates of indebtedness therefor and may dedicate the avails of the tax funded for the payment thereof for the period of time said certificates are outstanding.

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

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

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

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

Acts 1992, No. 995, §1; Acts 2003, No. 835, §1, eff. July 1, 2003.
La. Rev. Stat. § 33:4150 — LA Code / Code revised-statutes / Title 33 / Section 4150
New Orleans; tax exemption of bonds; investments; use as security; registration
Status: in_force

Bonds issued under the authority of Section 4148 of this Part shall be exempt from all taxation for state, parish, municipal, or other local purposes. Savings banks, tutors of minors, curators of interdicts, trustees, and other fiduciaries may invest the funds in their hands in said bonds. Said bonds may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana, in any case where, by present or future laws, deposit or security is required. Said bonds may be registered and released from registry under such rules as the Board of Liquidation, City Debt, may prescribe.

Added by Acts 1981, No. 247, §1, eff. July 1, 1981.
La. Rev. Stat. § 33:7702 — LA Code / Code revised-statutes / Title 33 / Section 7702
Consolidation authority
Status: in_force

A. The governing authority of any parish may create by ordinance one or more consolidated special service districts in the parish, each of which shall be comprised of one or more existing districts of the same type; however, no consolidated garbage district shall include territory within the corporate limits of any municipality.

B. Such consolidated special service districts may also include territory not within the boundaries of an existing district of the same type and shall include territory not within the boundaries of an existing district of the same type, when only one existing district is to be so consolidated.

C. As a prerequisite to the creation of any consolidated special service district, the governing authority of the parish shall be furnished with a certified copy of a resolution, adopted by the governing authority of each existing district to be consolidated and by the governing authority of each municipality all or part of whose territory is proposed to be included in the consolidated district, requesting the parish to create a consolidated special service district and describing and defining the boundaries thereof.

D.(1) Notwithstanding the provisions of Subsection C of this Section, the governing authority of the parish of Sabine may create, by ordinance, a consolidated waterworks district comprised of the Ebarb Waterworks District and the South Toledo Bend Waterworks District without being furnished with a certified copy of a resolution adopted by the governing authority of each existing district or by the governing authority of each municipality all or part of whose territory is proposed to be included in the consolidated waterworks district requesting the parish to create such district.

(2) Except as provided in Paragraph (1) of this Subsection, the consolidated waterworks district shall be otherwise governed by the provisions of this Chapter.

Added by Acts 1975, No. 94, §1; Acts 2005, No. 85, §1, eff. June 21, 2005.
La. Rev. Stat. § 33:9071 — LA Code / Code revised-statutes / Title 33 / Section 9071
The Lake Carmel Subdivision Improvement District; creation, composition, and powers; levy of ad valorem taxes and fees
Status: in_force

A. Creation. The Lake Carmel Subdivision Improvement District, a special taxing district, hereinafter referred to as the "district", is hereby created in Orleans Parish.

B. Boundaries. The district shall be comprised of all property zoned and used as single family, residential property within the area of Orleans Parish bounded by the Northeast intersection of the Jahncke Canal right-of-way of the I-10 Service Road, thence North 36 degrees 27 minutes 35 seconds west for a distance of 301.68 feet to a point, thence North 58 degrees 51 minutes 53 seconds East for a distance of 80.35 feet to a point of beginning, thence North 58 degrees 51 minutes 53 seconds East for a distance of 948.74 feet to a point of curvature, thence along an arc curving to the left having a radius of 1430 feet for a distance of 498.82 feet to a point of tangency, thence North 33 degrees 5 minutes 25 seconds East for a distance of 76.61 feet to a point at the West right-of-way line of West Renaissance Court, I-10 Service Road, the Gannon Canal, and the real property lines of lots fronting on North Lake Carmel Drive and Chatelain Court, plus all property abutting West of the Lake Carmel Subdivision.

C. Purpose. The district is established for the primary object and purpose of promoting and encouraging the beautification, security, and overall betterment of the Lake Carmel Subdivision.

D. Governance. (1) In order for the orderly development and effectuation of the services to be furnished by the district and to provide for the representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the area, the district shall be managed by a nine-member board of commissioners as provided by this Subsection.

(a) The president of the Lake Carmel Homeowners Association shall be an ex officio member.

(b) The board of directors of the Lake Carmel Homeowners Association shall appoint four members.

(c) The mayor of New Orleans shall appoint one member.

(d) The member or members of the New Orleans city council who represent the district shall appoint one member.

(e) The member or members of the Louisiana House of Representatives who represent the district shall appoint one member.

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

(2) Each member of the board shall own property within the district.

(3) The term of each member shall be concurrent with that of the respective appointing authority.

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

(5) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs which rules and regulations relative to public notice and conduct of public meetings shall all conform to the open meeting provisions of R.S. 42:11 et seq. It shall hold regular meetings and may hold special meetings as shall be provided in the bylaws.

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

(7) The members of the board shall serve without compensation.

E. Plan. (1) The board shall prepare or cause to be prepared, a plan or plans, such plan or plans, hereinafter referred to collectively, as the "plan", specifying the public improvements, facilities, and services proposed to be furnished, constructed, or acquired for the district. The board shall conduct such hearings, publish notice with respect thereto, and disseminate such information as it, in the exercise of its sound discretion, may deem to be appropriate or advisable and in the public interest.

(2) Any plan shall include:

(a) An estimate of the annual and aggregate cost of acquiring, constructing, or providing the services, improvements, or facilities set forth therein.

(b) An estimate of the rate of the parcel fee required to be levied in each year in order to provide the funds required for the implementation or effectuation of the plan for furnishing the services specified and for capital improvements or debt service, or both.

F. Parcel fee. (1) The governing authority of New Orleans may levy and collect a parcel fee upon all taxable real property within the district in accordance with the provisions of this Subsection.

(a) Such fee shall be levied only as authorized by the Lake Carmel Subdivision Improvement District.

(b) Such fee shall be levied only after the question of its levy has been approved by a majority of the registered voters of the district, who vote at an election held for that purpose in accordance with the Louisiana Election Code. No other election shall be required.

(c) Such fee shall be levied for a term not to exceed five years but may be renewed in elections subsequent to the initial levy.

(d) Such fee shall be levied and collected in the same manner and at the same time as all other taxes on property levied and collected by the city.

(e) Such fee shall not exceed two hundred fifty dollars per parcel per year.

(f) Any unpaid fee will be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as are unpaid ad valorem taxes.

(2) The proceeds of said tax or fee shall be used solely and exclusively for the purposes and benefit of the district and in accordance with the plan developed pursuant to Subsection E of this Section. Said proceeds shall be paid over to the Board of Liquidation, City Debt, day by day as the same proceeds are collected and received by the appropriate officials of the city of New Orleans and maintained in a separate account. The board shall remit to the district payments requested by warrant or draft not more than thirty days after the receipt of the warrant or draft. However, the city may retain one percent of the amount collected as a collection fee.

G. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq. The budget and all amendments shall be subject to the approval of the governing authority of New Orleans.

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

H. Miscellaneous provisions. (1) The governing authority of the district may contract with the New Orleans Police Department or with a private security company which has been certified by the superintendent of the New Orleans Police Department for the provision of security. It is the purpose and intent of this Section that any additional security patrols, public or private, provided by the district shall be supplemental to and not in lieu of personnel and services provided in the district by the New Orleans police department.

(2) The district shall perform or have performed any other function or activity necessary for the achievement of its primary objective of encouraging the beautification, security, and overall betterment of the Lake Carmel Subdivision Improvement District.

Acts 1999, No. 1233, §1.
La. Rev. Stat. § 33:2841 — LA Code / Code revised-statutes / Title 33 / Section 2841
Enforcing collection of taxes
Status: in_force

A political corporation may through the officer whose duty it is to receive and collect the taxes and moneys due the corporation, enforce the collection of any taxes due to it, within the time and in the manner provided for the collection of taxes due to the state.
La. Rev. Stat. § 33:130.51 — LA Code / Code revised-statutes / Title 33 / Section 130.51
Definitions
Status: in_force

For the purposes of this Subpart, unless the context clearly otherwise requires, the following definitions shall apply and shall be equally applicable to both the singular and plural forms of any of the defined terms:

(1) "Developer" means any person having an interest in real property located in a local governmental subdivision. As used in the preceding sentence, "person" means any person or entity whatsoever, including but not limited to, any individual, firm, partnership, joint venture, association, corporation, co-operative, estate, trust, business trust, or syndicate.

(2) "Financing agreement" means any agreement relating to an industrial park project between a local governmental subdivision and a developer authorized pursuant to this Subpart.

(3) "Governing authority" means the body which exercises the legislative functions of the local governmental subdivision.

(4) "Industrial park" when used in conjunction with industrial park project means a tract or tracts of land suitable primarily for use as building sites by a group of enterprises engaged in industrial, manufacturing, processing, assembling, distribution, or wholesale businesses.

(5) "Industrial park project" means a project for the acquisition and development of land as a site for an industrial park, including the provision of water, sewer, drainage, streets or similar facilities, or of transportation, power or communication facilities, and any other facilities which are incidental to the use of the site as an industrial park.

(6) "Local governmental subdivision" means any parish, municipality, industrial district, or port, harbor and industrial district.

(7) "Municipality" means an incorporated city, town, or village.

(8) "Project costs" means all costs necessary for the planning, development, acquisition, construction, or improvement of an industrial park project, including site acquisition; construction and installation of water, sewer, drainage, streets, or similar facilities, or of transportation, power, or communication facilities; and any other facilities incidental or necessary to the use of such project; architectural, engineering, supervising, accounting, inspection, legal, and financing fees and costs; and other costs, fees, and expenses incidental to the issuance of the revenue bonds; costs and expenses in connection with the preparation of feasibility studies and reports; interest on revenue bonds and notes during construction and for a reasonable period thereafter; establishment of reserves to secure the bonds and notes; and other expenditures incidental and necessary therefor.

(9) "Revenue bonds" means any revenue bonds, notes, or other evidences of indebtedness authorized to be issued pursuant to the provisions of this Subpart.

Added by Acts 1981, No. 277, §1, eff. July 13, 1981.
La. Rev. Stat. § 33:4263 — LA Code / Code revised-statutes / Title 33 / Section 4263
Municipal hydroelectric facilities
Status: in_force

A.(1) Any municipality owning and operating a revenue producing electric utility as defined in or covered by R.S. 33:4161, or any public power authority created by any such municipality under the provisions of R.S. 33:4172, acting through its governing authority, is hereby authorized and empowered to contract with any other municipality owning and operating such a revenue producing electric utility or public power authority of the state of Louisiana, or with municipalities, public power authorities or agencies, electric public utilities or rural electric cooperatives, within or without the state of Louisiana, or with the Louisiana Energy and Power Authority created pursuant to Chapter 10-A of this Title, or with any FERC licensee, as defined in Paragraph (6) of this Subsection, for the purchase or sale of the capability of a hydroelectric generating facility or facilities of such Louisiana municipality or public power authority, electric public utilities, rural electric cooperatives, or other person licensed by the Federal Energy Regulatory Commission or other appropriate federal agency having jurisdiction over the granting of such licenses for a term not exceeding the term of such license on such terms and conditions as shall be specified in a written contract that shall be negotiated and executed without any proceedings other than the approval of such contract by the governing authority or body of such contracting parties.

(2) Any such municipality or public power authority which contracts to purchase or sell such capability or a part thereof is hereby further authorized to provide for the transmission of such capability over transmission facilities owned by it or by a FERC licensee in such manner as may be mutually agreed upon.

(3) Any such hydroelectric facilities and associated transmission facilities may be owned entirely by such municipality or public power authority created by such, may be co-owned in indivision or in divided parts by any such municipality or public power authority with any electric public utility or rural electric cooperative located within the state or with the Louisiana Energy and Power Authority or with a FERC licensee, or may be owned entirely by another FERC licensee.

(4) Any such municipality or public power authority is hereby authorized to engage with one or more other such municipalities, public power authorities, electric public utilities, rural electric cooperatives, or other FERC licensees in the development, construction, operation, use, maintenance, or financing of such hydroelectric facilities and related transmission facilities, as owners or otherwise.

(5)(a) Any such municipality or public power authority may enter into a contract with any such other municipality, public power authority, electric public utility, electric cooperative, or other FERC licensee and may provide therein with respect to the relative rights and obligations of the parties relating to the development, construction, operation, use, maintenance, revenues, and expenses of such hydroelectric facilities and associated transmission facilities, as the parties may determine. All such arrangements and agreements shall be reduced to writing and shall include, among other provisions, the proportionate share of the cost thereof to be borne by the municipality or public power authority.

(b) Notwithstanding any other provision of law relative to the right of partition available to owners of property, the right of partition shall not be available to any party with respect to any property acquired or held subject to the terms of such contract, except to the extent therein provided, and the contract may provide for the sale, lease, use, or other disposition in whole or in part of such property or interest therein by the owner of such property or interest to any other party to such contract on such terms and conditions and in such manner as may be set forth in the contract, without compliance with any laws applicable to the disposition of property of a municipality or other political subdivision or agency or instrumentality thereof and without application of laws relating to lesion beyond moiety.

(c) The contract may also provide for the creation of a usufruct, right of use, servitude, or other similar right in favor of one of the parties to the contract upon such portions of immovable properties comprising the hydroelectric facilities and associated transmission facilities as are not then owned by such party, in which event any such usufruct, right of use, servitude, or other similar right, as the case may be, shall, notwithstanding any contrary provision of law, be for a term that shall be for the term of the contract or such lesser period as may be stipulated therein or in the instrument creating the usufruct, right of use, servitude, or other similar right, as the case may be, may require the owner of the usufruct, right of use, servitude, or other similar right, as the case may be, to pay to the other party or parties to the contract such share of revenues as the contract may provide throughout the term of the agreement or any specified portion thereof, and may permit the municipality or public power authority, without the consent or approval of the State Bond Commission or any other agency, commission, or other regulatory authority of the state of Louisiana or any local political subdivision thereof, to borrow, on such terms and at such rates of interest as the contract may prescribe, against the receipt of such share of future revenues provided that repayment of such borrowing and payment of interest thereon shall be made solely from, or as an offset against, such future revenues and shall not be a general obligation of the municipality or public power authority, or constitute an indebtedness or pledge of the general credit of the municipality or public power authority, or be a charge upon the income of other revenues thereof.

(d) To the extent provided in the contract, the property or facilities which are the subject of such a contract shall not be subject to expropriation by a party thereto during the term of such contract.

(e) Any such municipality or public power authority and any such electric public utility, electric cooperative, or other FERC licensee may construct or acquire such hydroelectric and related transmission facilities by negotiated contract without public advertisement or other limitation of the Public Bid Law or other laws, and title to such facilities shall vest in one or more of the parties to the contract in the proportion and manner therein set forth.

(f) The term of the contract shall be of such duration as the parties may therein stipulate but shall not, in any event, extend more than ninety-nine years beyond the expiration date of the original license granted by the Federal Energy Regulatory Commission with respect to the hydroelectric facilities.

(g) The contract shall be authorized by ordinance adopted by the governing body of any municipality which is a party to the contract, and the ordinance shall be published in the same manner as are other proceedings of the governing body. Notice of intention to adopt such an ordinance shall be given by the governing body of the municipality and shall be published one time in the official journal of the municipality at least seven days before the adoption of the ordinance.

(h) Such contract shall not require the consent or approval of any agency, commission, or other regulatory authority of the state of Louisiana or any political subdivision thereof.

(6) As used in this Subpart:

(a) The term "FERC licensee" shall mean and refer to:

(i) Any person licensed by the Federal Energy Regulatory Commission or other appropriate federal agency on or before December 31, 1988, to construct, operate, or maintain a run-of-the-river hydroelectric generating facility located on the Mississippi River in the state of Louisiana;

(ii) Any person to whom such license has been transferred, in whole or in part, with the approval of the Federal Energy Regulatory Commission, or other appropriate federal agency;

(iii) Any successor, by involuntary transfer or foreclosure or otherwise, to any person to whom such license had been issued, transferred, or assigned, and all subsequent successors of any of the foregoing persons;

(iv) Any assign of any person to whom such license had been issued, transferred, or assigned;

(v) Any successor owner of such hydroelectric facilities;

(b) The term "person" shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated association, or a government or any agency, municipality, parish, or political subdivision thereof; and

(c) The terms "hydroelectric facilities" or "hydroelectric generating facilities" shall mean and refer to a run-of-the-river hydroelectric generating facility located on the Mississippi River in the state of Louisiana and initially licensed by the Federal Energy Regulatory Commission or other appropriate federal agency on or before December 31, 1988.

B. The parties entering into contracts pursuant hereto are hereby authorized to create an advisory board with such rights, duties, and obligations with respect to such hydroelectric projects and associated transmission facilities as shall be provided in the written agreement creating such advisory board.

C.(1) In substantially the manner provided by Subpart C of Part I of Chapter 10 of this Title, as amended and supplemented by other constitutional and statutory provisions, including, but not limited to, Chapter 13 of Title 39 of the Louisiana Revised Statutes of 1950, any such municipality or any such public power authority of the state of Louisiana, acting through its governing authority, may issue revenue bonds to finance all or any part of the costs of acquiring, constructing, and operating any such hydroelectric project and associated transmission facilities or its respective interest therein, which bonds shall be payable from the revenues of its electric utility system or of its combined utility system or of such project and facilities alone, including payments made to it under contracts entered into pursuant to the provisions hereof.

(2) Any election heretofore held by a municipality to authorize bonds to finance a hydroelectric facility is hereby ratified and approved.

(3) Payments made by any such municipality or public power authority of the state under any contracts entered into in accordance herewith shall be considered as operating expenses of its electric system or combined utilities system or of such project and facilities alone, as the case may be.

D.(1) In addition to the issuance of revenue bonds as described in Subsection C hereof and without the need to comply with the requirements of any other law except the provisions of this Section, any such municipality and/or any such public power authority, acting through its governing authority, may, for the purposes specified in Subsection C, otherwise borrow money and incur indebtedness, that shall be payable solely from the proceeds of such bonds, borrowings, or the revenues of its electric utility system or of its combined utility system or of such project facilities alone, as the case may be, in any manner determined by such governing authority and may create and provide appropriate evidence thereof by adopting an ordinance or resolution containing the terms and conditions of such borrowing, subject to the approval of the State Bond Commission.

(2) The bonds authorized by Subsection C hereof and the indebtedness authorized by this Subsection may be additionally secured by credit guarantees, letters of credit, and/or any other security device or devices approved by the State Bond Commission.

E.(1) Every ordinance or resolution authorizing the issuance of bonds or other debt obligations hereunder shall be published at least once in the official journal of the issuer of such bonds or other debt obligations. Such notice shall state that for thirty days after the date of publication any person in interest may contest the legality of such ordinance or resolution and of any provision therein made for the security and payment of such bonds or other debt obligations, after which no one shall have any cause of action to test the regularity, formality, legality, or effectiveness of the ordinance or resolution and the provisions thereof, for any cause whatever.

(2) Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the bonds or other debt obligations, including all things pertaining to the election, if any, at which the bonds or other debt obligations were authorized, has been complied with. No court shall have authority to inquire into any of such matters after the expiration of said thirty day period.

F.(1) The provisions hereof shall be liberally construed to the end that through the contracts herein authorized greater economy and efficiency in the provision of electrical and energy services to the citizens of the state may be achieved, and further to this end, the governing authority of each municipality or public power authority entering into a contract as authorized hereby shall be empowered to adopt such other ordinances and resolutions, take such other action, and pay and/or collect such amounts as may be contemplated by or made necessary under such contracts.

(2) The acquisition, construction, ownership, operation, maintenance, and use of a hydroelectric generation facility and associated transmission facilities and the issuance of obligations to finance such facilities is hereby declared to be a valid public purpose in the best interests of the citizens of the state.

Added by Acts 1983, No. 327, §1, eff. June 30, 1983. Acts 1988, No. 861, §1, eff. July 18, 1988; Acts 1990, No. 668, §1, eff. July 19, 1990.

{{NOTE: SEE ACTS 1988, NO. 861, §§2 AND 3.}}

{{NOTE: SEE ACTS 1990, NO. 668, §§2 AND 3.}}
La. Rev. Stat. § 33:4884 — LA Code / Code revised-statutes / Title 33 / Section 4884
Culverts; municipal and parish governments
Status: in_force

The governing authority of a local governmental subdivision may purchase, install, maintain, or replace culverts within any drain, ditch, or canal within its jurisdiction if the governing authority determines such action to be beneficial to the public at large, even if the installation of such culverts may result in a benefit to a private landowner. The governing authority may adopt ordinances regulating the installation of culverts, which may include a requirement that a private person wishing to have a culvert installed within a drain, ditch, or canal affecting his property contract with the governing authority to provide such construction services. The governing authority may only provide materials or construction services pursuant to such an ordinance upon full reimbursement of the costs to the governing authority by the private property owner.

Acts 2010, No. 719, §1.
La. Rev. Stat. § 33:4703 — LA Code / Code revised-statutes / Title 33 / Section 4703
Domicile; purpose and powers
Status: in_force

A. The district through its board of commissioners may sue and be sued, have a corporate seal, and do and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and objects for which it is created. All of the property belonging to the district shall be exempt from taxation.

B. The board shall designate its domicile at a place within that area of the city of New Orleans bounded by the Industrial Canal, Intracoastal Waterway, the St. Tammany Parish/Orleans Parish line, and Lake Pontchartrain.

C. Except as inconsistent with the provisions of this Part, the district created hereby is granted and shall have and may exercise all powers necessary or convenient for the carrying out of such objects and purposes including, by way of illustration, but not limitation, and subject to the provisions of R.S. 33:4702, the following rights and powers:

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

(2) To lease or sublease, as lessor or lessee or sublessor or sublesee, all or portion of any property at a fixed or variable rental without advertisement for public bids.

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

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

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

(6) To let contracts for the construction or acquisition in any other manner, except through the power of eminent domain, of property and facilities incident to the carrying out of the purpose or purposes of the district, which contracts shall be let in such manner as shall be determined by the board in conformance with law.

(7) To fix, maintain, collect, and revise rates, charges, and rentals for the properties and facilities owned by the district and the services rendered by the district.

(8) In its own name and behalf, to incur debt, and issue general obligation bonds under the authority of and subject to the provisions of Article VI, Section 33 of the Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, for the establishment, operation, and maintenance of district property as an industrial park or to carry out the other public purposes of this Part, without election, to issue revenue bonds, borrow money, and issue certificates of indebtedness, notes, and other debt obligations as evidence thereof and provide for the manner and method of repayment.

(9) To require and issue licenses, to regulate the imposition of fees and rentals charged by the district for services rendered by it or fees or rentals charged for use of privately-owned facilities located on district property when such facilities are offered for use by the public or by a private industrial, commercial, research, or other economic development entity or activity.

(10) To develop, activate, construct, exchange, acquire, expropriate, improve, repair, operate, maintain, lease, mortgage, sell, subject to the provision of this Part, and pledge movable and immovable property, servitudes, facilities, and works under such terms and conditions as the district may deem necessary or appropriate for any public purpose, including industrial and commercial development, notwithstanding the limitations of R.S. 2:131.1 and 135.1, Chapter 4 of Title 2, Chapter 13 of Title 33, and Chapter 10 of Title 41, of the Louisiana Revised Statutes of 1950.

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

(12) To cooperate and contract with the government of the United States of America or any department or agency thereof and with the state of Louisiana or any department or agency thereof and to accept gifts, grants, and donations of property and money therefrom.

(13) To cooperate with the state or any other political subdivision, department, agency, or corporation of the state for the construction, operation, and maintenance of projects and facilities designed to accomplish the purpose or purposes 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.

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

(15) To incur debt for any one or more of its lawful purposes set forth in this Section herein, to issue in its name negotiable bonds, notes, certificates of indebtedness, or other evidences of debt and to provide for the security and payment thereof.

(16) To issue, or secure the issuance of, refunding bonds to refund any outstanding bonds issued pursuant to this Section. Such refunding bonds may be exchanged for the outstanding bonds or may be sold and the proceeds applied to the purchase, redemption, or payment of the outstanding bonds or deposited in escrow for the retirement of such bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized, and the district, in authorizing the refunding bonds, shall provide for the security of the bonds, the sources from which the bonds are to be paid and for the rights of the holders thereof in all respects as herein provided for other bonds issued under the authority of this Part. The district may also provide that the refunding bonds shall have the same priority of lien on the taxes, income, and revenues pledged for their payment as was enjoyed by the bonds refunded.

(17) To borrow the amount of the anticipated ad valorem tax the district is authorized to levy hereunder, not to exceed ten mills, for a period not to exceed twenty years and may issue certificates of indebtedness therefor and may dedicate the avails of the tax for the payment thereof for the period of time said certificates are outstanding.

(18) To appoint officers, agents, and employees and to prescribe their duties and to fix their compensation which shall be payable out of district funds.

(19) To recommend to the mayor and the council a program of projects within the district to be financed by special liens against the properties improved by the program.

(20) To use or allow the use of any facilities, land, and improvements within the district or owned or leased by the district for any lawful purpose.

(21) The board of commissioners of the district shall be the appropriate governing body for all purposes provided in the Louisiana Enterprise Zone Act, R.S. 51:1781, et seq., within the area comprised of property owned and formerly owned by the district, and shall have the power to perform all acts specified by applicable laws and regulations to achieve such purpose.

(22) To report to the mayor and the council, at least quarterly, on the problems within the district and progress made in amelioration of the problems.

Acts 1979, No. 741, §1, eff. July 20, 1979; Acts 1989, No. 37, §1; Acts 1995, No. 900, §1; Acts 2004, No. 917, §1, eff. July 12, 2004; Acts 2010, No. 673, §1, eff. June 29, 2010.
La. Rev. Stat. § 33:4115 — LA Code / Code revised-statutes / Title 33 / Section 4115
New Orleans; use of funds
Status: in_force

In the event that proceeds of bonds issued under R.S. 33:4097 shall have been used by the sewerage and water board to pay for the portion of the cost of the drainage work which is to be assessed against the owners of property in a defined drainage area, the sewerage and water board shall pay over to the Board of Liquidation, City Debt, when and as received, the funds derived from the sale of drainage certificates secured by the assessments in the said defined drainage area, the one lump sum payments of assessments received from owners of property in said defined drainage area under R.S. 33:4110, if drainage certificates were not sold, the annual payments on the assessments within the said drainage area, and proceeds of the sale of drainage liens upon property which are not dedicated to the payment of drainage certificates, until a sufficient amount shall have been paid over to said Board of Liquidation, City Debt, to provide for the retirement and redemption in principal and interest of an amount of the bonds issued under R.S. 33:4097 equal to the bond proceeds which were used to pay for the property owners' portion of the cost of the drainage work in the said defined drainage area. Funds derived from the sale of drainage certificates and lump sum payments of assessments under R.S. 33:4110, to the extent not required to be paid over to the Board of Liquidation, City Debt, by the preceding sentence, shall be dedicated by the sewerage and water board of New Orleans to the payment of the work, in connection with which the issue was sold and said assessments were paid, and pending their disbursement such funds derived from the sale of each issue and such related lump sum payments of assessments shall be kept separate and distinct from all other funds derived from the sale of any other issues of said drainage certificates and related lump sum payments of assessments and shall be deposited in a separate account in a bank to be designated by the sewerage and water board of New Orleans within the state of Louisiana, and whatever interest shall be earned thereon shall be credited to said account. Each said special account shall be secured to the full amount thereof by collateral to be approved by the sewerage and water board of New Orleans. Against each account shall be charged the amounts paid out for the work changes payable therefrom.

Added by Acts 1976, No. 167, §1.
La. Rev. Stat. § 33:7726 — LA Code / Code revised-statutes / Title 33 / Section 7726
Service charges for mosquito control
Status: in_force

A. A mosquito abatement district created under the provisions of this Chapter may levy and collect special taxes, including monthly service charges to customers of waterworks districts within the mosquito control district, to finance its programs. It may use legal, proper, necessary, and expedient means to collect and enforce the collection of such taxes, including the contracting with a waterworks district located within the same parish to collect a monthly service charge for mosquito control.

B. Any monthly service charge so levied shall be uniform upon the customers of the waterworks district, but each separate water meter or connection to the waterworks district's water supply lines shall be treated as a separate customer for purposes of the service charge. The waterworks district, acting as collection agency for special taxes of the mosquito abatement district, may add the tax levied by said mosquito abatement district to the water bills of its customers. On or before the tenth day of the month following the collection of the taxes, the waterworks district shall remit to the mosquito abatement district all funds collected for the purposes of mosquito control, less a small and reasonable service charge for administrative purposes of collection.

Acts 1969, No. 155, §§1, 2. Amended by Acts 1972, No. 613, §1; Acts 1975, No. 512, §2.
La. Rev. Stat. § 33:140.53 — LA Code / Code revised-statutes / Title 33 / Section 140.53
Purpose of regulations
Status: in_force

Such regulations shall be made in accordance with a comprehensive plan and shall be designed to lessen congestion in the public streets; secure safety from fires; promote health and the general welfare; provide adequate light and air; avoid undue concentration of population; and to facilitate adequate transportation, water supply, sewerage, schools, parks and other public requirements. The regulations shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the values of buildings and encouraging the most appropriate use of land throughout the parish.

Acts 1962, No. 123, §3.
La. Rev. Stat. § 33:4064.4 — LA Code / Code revised-statutes / Title 33 / Section 4064.4
Powers of commission
Status: in_force

A. The commission shall have the power to expropriate property pursuant to R.S. 19:2, et seq., whenever necessary or convenient for its purposes. Title to the property shall be in the name of the commission. The commission shall have the authority to acquire or dispose of such parcels, servitudes, or rights-of-way necessary in the conduct of its business. The commission shall be authorized, subject to the approval of the governing authority of St. Tammany Parish, to use any public street, road, servitude, or right-of-way in the conduct of its business at no cost to the commission.

B.(1) The commission shall be authorized to inspect any individual, public, profit, nonprofit, or not-for-profit sewerage or water system located in the unincorporated portion of St. Tammany Parish, and direct the correction, addition, installation, removal, relocation, adjustment, or upgrading of any such system in accordance with provisions of the state Sanitary Code, other applicable parish ordinances, and state and local regulations.

(2) Only with regard to sewerage or water systems located in that portion of the unincorporated areas of St. Tammany Parish defined by ordinance of the St. Tammany Parish Police Jury as the "Growth Management Area" as amended from time to time, if no or insufficient action is taken after proper notice of such direction, the commission, upon expiration of the time prescribed in the notice to accomplish the work directed shall complete the work directed and assess the operator or operators of such system, the owner or owners of such system, or the ancestors in title to the property on which the system is located, or any corporate office, or any or all of them, hereinafter individually or collectively known as "the responsible person", whose action or inaction has been determined to be the cause for the issuance of said notice of direction, for the reasonable cost of such work and, in addition thereto, may impose a penalty not to exceed one hundred dollars per day for each day the deficiency existed from date of said notice of such direction, not to exceed ten thousand dollars. Should the responsible person fail to pay such costs and/or penalties, the commission shall be authorized to file an affidavit of lien on the system and/or any property found or within St. Tammany Parish which is owned by the responsible person, and shall include any property owned by a corporate officer or an ancestor of title to the property on which such system is located, specifically identifying the property or system affected and the amount of the costs and/or penalties to date of filing and that may be accruing. Subject to proper notice, any such lien filed on real property may be added to the annual ad valorem tax bill of such owner or owners on such property.

(3) Any responsible person who has been assessed a penalty may appeal the imposition of the penalty in writing to the board of the commission which shall hear the appeal in an open and public session. Any subsequent and final appeal shall be to the 22nd Judicial District Court.

(4) If upon the inspection of any sewerage or water system, it is found not to be in accordance with the provisions of the state Sanitary Code, other applicable parish ordinances, or state or local regulations, in lieu of completing the work as provided and authorized in Paragraph (2) of this Subsection, the commission or its duly authorized representative shall notify the responsible person of the deficient condition and direct said responsible person within a specified period of time to remedy the deficient condition and to conform with the provisions of the aforesaid code, ordinances, or regulations. If upon reinspection, the deficient condition is found to nevertheless exist, then, in addition to all other remedies provided by law, the commission is authorized to file suit to restrain and enjoin the responsible person from continuing the nonconforming activity, and/or compel the responsible person to remedy the deficient condition.

(5) The commission shall notify a responsible person of any notice of direction issued pursuant to a provision of this Subsection by certified mail or by serving a copy of said notice of direction on the responsible person by a person qualified to make such service.

(6) In carrying out any of the powers provided in this Subsection, the commission or its duly authorized representative is authorized to enter private and public properties.

(7) Nothing contained in this Subsection shall authorize the commission to demand, necessitate, or otherwise require any remedial action by the responsible person of a sewerage or water system when said action is duplicative or preemptive of, or in conflict with any action imposed by an appropriate state authority.

C. The commission shall be authorized to adopt rules and regulations relative to the impact upon, and the construction, modification, perpetuation, sustenance, operation, maintenance, connection, and inspection of sewerage and water systems and the provision and/or supervision of environmental services, all within the unincorporated portion of St. Tammany Parish, including rules and regulations to prevent abandonment or obstruction of, interference with, or damage to such systems and, with regard to the provisions of R.S. 33:4169.1 et seq., to define, supervise, and license such environmental services upon the direction and consent of the governing authority of St. Tammany Parish. To enforce the provisions of any such rules or regulations, the commission may avail itself of the relevant penalty provisions specified in Subsection B and, in addition thereto, may terminate or require the termination of any utility service. Such rules and regulations shall be adopted in accordance with the procedural rules of the commission, including publication in complete or summary form in the official journal of St. Tammany Parish.

D. The commission shall have authority over all construction necessary or incidental to the provision of sewage disposal and water in the unincorporated portion of St. Tammany Parish. Plans and specifications for sewerage and water systems to be constructed in said portion of St. Tammany Parish shall be submitted to and approved by the commission prior to initiating such construction, and the conduct of such construction shall be subject to inspection by the commission. Copies of any amendments to plans and specifications for such systems shall also be submitted to the commission, and the commission shall approve such amendments prior to operation of such systems.

E. The commission may perform such tasks relative to sewerage and water systems as it may be authorized to perform by the Louisiana Department of Health, the Department of Environmental Quality, the Department of Transportation and Development, the Department of Public Service, and the Department of Conservation and Energy. The aforesaid departments shall be authorized to assist the commission in the enforcement of its promulgated rules and regulations; to notify and advise the commission of any condition, hazard, or other factor which may affect public health; and to make recommendations to the commission which may affect the correction of the condition, hazard, or factor. Each aforesaid department shall be authorized to execute with the commission a letter of understanding and/or agreement, the intent of which shall be to assure no parallel, preemptive, and/or converse enforcement or regulatory action by either entity.

F. The commission is authorized to award contracts for construction or operation of sewerage and water systems within the unincorporated portion of St. Tammany Parish. The commission may also establish rules for awarding contracts in the event of emergency and extreme emergency.

G. The commission shall, upon authorization by the governing authority of St. Tammany Parish, establish a plumbing code for the unincorporated portion of St. Tammany Parish and monitor licensed plumbing contractors operating within said portion of that parish. The commission may amend the plumbing code as necessary.

H.(1) The commission shall have the authority to plan, finance, acquire, construct, purchase, own, let, lease, maintain, operate, and improve, or otherwise extend sewerage and water systems within the unincorporated portion of St. Tammany Parish. To the extent that drainage improvements are a necessary adjunct or otherwise essential to the improvement, conservation, or recovery of any sewerage or water system, the commission shall have the authority to construct and maintain new drainage works at its expense, provided that such drainage construction or maintenance work is in accordance with the master plan and other rules and regulations for drainage by the governing authority of St. Tammany Parish.

(2)(a) Except as provided in Subparagraph (b) of this Paragraph, in lieu of the commission effecting the construction, improvement, or extension of a sewerage or water system, the commission shall permit an available public or private provider of sewerage or water service to effect the construction, improvement, or extension upon the written request of the provider.

(b) The provisions of Subparagraph (a) of this Paragraph, shall have no effect when such construction, improvement, or extension of a sewerage or water system is:

(i) Subject to the provisions of R.S. 33:4064.5(H).

(ii) For the use by a governmental entity or by a customer or beneficiary of a defunct or abandoned sewerage or water system, shared or jointly owned or operated or leased sewerage or water system, or of a sewerage or water system which is donated or sold to, or otherwise acquired by the commission.

(iii) An element of, or is a commission owned, operated, or leased wide-area, regional sewage collection or treatment facility or water source, treatment, storage, or distribution facility, or any element thereof.

(c) The commission shall be authorized to adopt rules and regulations relative to the enforcement of the provisions of this Paragraph.

(3) Notwithstanding anything contained in this Subpart to the contrary, any system acquired or operated by the commission shall not be expanded by the commission beyond the existing infrastructure when a private facility exists in the area and is capable of, and chooses to provide such expanded service.

I. The commission may, subject to approval by the governing authority of St. Tammany Parish, exercise any and all authority granted by this Subpart within any municipality located within St. Tammany Parish upon approval by the governing authority of that municipality as provided in a contract between the commission and said municipal authority.

J. In exercising its authority under this Subpart, the commission shall be subject to the authority of the Department of Health and Human Resources, the Department of Environmental Quality, and the Department of Conservation and Energy.

K. The commission shall be authorized to acquire ownership of property, both movable and immovable, corporeal and incorporeal, by gift, grant, purchase, condemnation proceedings, or any other means, to lease such property as lessee; and to hold and use any such property as it is necessary or desirable for carrying out the objects and purposes of the commission. The commission shall also be authorized to sell, lease as lessor, exchange, transfer, and dispose of any property or interest therein at any time acquired by it whenever the commission shall determine that such property is not necessary for its purposes.

L. Notwithstanding any provision of this Subpart to the contrary, enforcement employees of the commission shall be vested with the same authority and powers with respect to issuing civil citations for violations of state littering laws and regulations and parish littering ordinances as are conferred upon regular law enforcement officers of this state. Such employees may exercise such authority and powers throughout St. Tammany Parish.

Acts 1986, No. 934, §1; Acts 1992, No. 1051, §1, eff. July 13, 1992; Acts 1993, No. 833, §1, eff. June 22, 1993; Acts 1999, No. 149, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.
La. Rev. Stat. § 33:3689.7 — LA Code / Code revised-statutes / Title 33 / Section 3689.7
Local or special assessments
Status: in_force

A. Upon receipt of the certified statement or report of the engineer of the parish as provided for in the preceding section, the police jury thereof shall review said certified statement or report, including the proposed local or special assessments, and thereafter shall make a determination as to whether each lot or parcel of real estate to be assessed will be benefited to an amount not less than the proposed local or special assessment. Proposed assessments that are found by the police jury to have been erroneously assessed or for which the police jury does not find said benefit shall be deleted from said certified statement or report. The deletion of such proposed assessments from said certified statement or report for either of said reasons shall in no way invalidate or affect the legality of the contract awarded for the construction of said proposed improvements nor shall such deletions constitute a violation of the public contracts law of this state.

B. Following said review and finding as to benefit by said police jury there shall be mailed to each property owner to be assessed a notice advising each property owner of his proposed assessment and the manner and time for payment thereof. Said notice shall set forth a general description of the proposed improvements, such description of the property to be assessed and the location thereof as the police jury may deem necessary, and shall notify the property owner to advise the police jury in writing within fifteen days from the date of said notice if inaccuracies exist in the proposed assessment. The aforesaid notice shall be given by depositing said written notice in the United States mail, postage paid, and addressed to the property owner at his address as it appeared on the last parish assessment roll on which the property was assessed for parish taxes. The certificate of the Secretary of the police jury levying any such assessments that the aforesaid notice has been given in writing to all property owners to be assessed shall establish a conclusive legal presumption that all requirements of notice as set forth hereinabove have been legally satisfied.

C. After thirty days has elapsed from the date of the mailing of said notice of the proposed assessments, the police jury shall adopt an ordinance levying a local or special assessment on each lot or parcel of real estate abutting the street, road, sidewalk or alley to be improved, in proportion that its frontage bears to all the abutting lots or parcels of real estate to be improved in accordance with the contract awarded therefor, or in accordance with the cost of the improvements as shown by certified statement or report of the engineer if undertaken by the parish and no contract was awarded for the construction of said improvements. The total of all such local or special assessments shall represent the total cost of the improvement, including street intersections, engineer's and attorney's fees, and all other costs incidental to the work, after deduction therefrom of the amount of participation, if any, made by the parish. The amount assessed in the ordinance shall be due and collectible immediately on its passage, and if not paid within thirty days from the date of the adoption of the ordinance, it will be conclusively presumed that any property owner whose property is affected thereby, exercises the right and option, which is hereby authorized, to pay the amount due in equal annual installments bearing interest at a rate or rates not exceeding the maximum rate provided for conventional interest by Article 2924 of the Louisiana Civil Code as the same now exists or may be hereafter amended, and extending over a period not exceeding twenty years, as provided for in the ordinance levying the local or special assessments. The first installment shall become due on December 31st of the then current year, or one year after the date of the assessment ordinance herein provided for, in the discretion of the police jury, and annually thereafter. The failure to pay any installment or the interest thereon when due, shall ipso facto cause all other installments and the interest thereon to become due and payable and the parish shall within thirty days from date of such default, proceed against the property for the collection of the total amount due thereon, including interest, plus ten percent additional on the principal and interest of the past due installment or installments or ten percent of the amount sued for, and in the event judgment is necessary to effect collection, ten percent of the amount of the judgment rendered, as attorney's fees. Provided that, said attorneys' fees shall be payable by the property owner only if demand by the governing authority of the parish through registered or certified mail has been made on the property owner and he has failed to pay the amount due within ten days after such demand. A certified copy of the ordinance levying the local or special assessments on the real estate shall be filed with the clerk of court in the parish, who shall forthwith record the same in the mortgage records of the parish, and when so filed and recorded, shall operate as a lien and privilege against all real estate therein assessed, and which aforesaid lien and privilege shall prime all other claims except taxes. Said lien and privilege shall continue in full force and effect until paid in full and need not be reinscribed in the mortgage records so long as there are outstanding and unpaid in principal or interest any paving certificates issued in the manner hereinafter provided. The payments made in cash shall be expended for no other purpose than for the payment of the cost of the improvements. Any errors in descriptions or amounts in any assessment ordinance adopted pursuant to this section may be corrected by the adoption of an amendatory ordinance which need set forth only the corrected descriptions or amounts and which amendatory ordinance shall be recorded in the same manner as the original ordinance levying the assessments. The adoption of any such corrective ordinance shall serve only to postpone the thirty days' period for cash payment in full of the assessment actually affected and corrected by such amendatory ordinance, and the due dates of the installments of such assessments so corrected as are not paid in full in cash within thirty days from the date of the adoption of the amendatory ordinance, shall be the same as the due dates of the installments of the assessments levied in the original ordinance and not affected or corrected by any such amendatory ordinance or ordinances.

Acts 1952, No. 430, §7. Amended by Acts 1970, No. 554, §1.
La. Rev. Stat. § 33:2740.62 — LA Code / Code revised-statutes / Title 33 / Section 2740.62
East Feliciana Parish Economic Development District
Status: in_force

A. Creation. (1) The East Feliciana Parish Economic Development District, hereinafter referred to as the "district," is hereby created and is declared to be a body politic and political subdivision of the state, as defined in Article VI, Section 44 of the Constitution of Louisiana. Pursuant to Article VI, Sections 19 and 21 of the Constitution of Louisiana, the governing authority of said district, is hereby granted all of the rights, powers, development purposes, including but not limited to the power of taxation, the power to issue bonds and certificate anticipation notes, and refunding bonds, subject to the limitations hereinafter provided.

(2) The district created by this Section is established for the primary object and purpose of promoting and encouraging economic and industrial development and tourism opportunities, stimulating the economy through renewed commerce, industry, research, and tourism, and for the utilization and development of natural and human resources of the area by providing job opportunities.

B. Boundaries. The district shall be coterminous with the boundaries of East Feliciana Parish.

C. Governance. (1) The district shall be governed by a thirteen-member board of commissioners. All commissioners shall be qualified voters and taxpayers within the limits of the district during their term of office and shall reside or shall have their principal place of business or profession in or own property in the district. The members shall be appointed as follows:

(a) Two members of the board shall be members of the East Feliciana Parish Police Jury.

(b) Two members of the board shall be members of the East Feliciana Parish School Board.

(c) One member of the board shall be a member of the municipal government of Clinton, or their designee.

(d) One member of the board shall be a member of the municipal government of Jackson, or their designee.

(e) One member of the board shall be a member of the municipal government of Norwood, or their designee.

(f) One member of the board shall be a member of the municipal government of Slaughter, or their designee.

(g) One member of the board shall be a member of the municipal government of Wilson, or their designee.

(h) One member of the board shall be appointed by the state representatives representing the parish.

(i) One member of the board shall be appointed by the state senator representing the parish.

(j) Two members of the board shall be appointed at large by the first eleven members of the board.

(2) A commissioner's term shall be two years from date of appointment. A commissioner shall serve until his successor has been appointed and qualified. If a board member is absent for three consecutive meetings, the board shall determine by majority vote whether to declare the board seat vacant.

(3) Any vacancy during an unexpired term shall be filled in the manner of the original appointment for the remainder of the term.

D. Administration. (1) As soon as practical after its appointment, the board shall meet and elect from its number an executive committee, which shall include a chairman, a vice chairman, a secretary, a treasurer, and three other officers selected from the board of commissioners. The officers shall serve for terms of one year each and may be reappointed by a majority vote of the entire board. The executive committee shall exercise all powers of the board of commissioners between meetings, including budget expenditures only when there is a quorum of the executive committee. A majority of the members of the executive committee shall constitute a quorum. A report of any action taken between board meetings shall be made to the full board of commissioners at the next scheduled meeting of the board.

(2) The duties of the officers shall be fixed by bylaws adopted by the board. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within or without the district as may be prescribed in the bylaws.

(3) The minute books and archives of the board shall be maintained by the board's secretary. The monies and funds of the district in the official custody and control of the board's treasurer shall be deposited, expended, and accounted for as prescribed in the bylaws.

(4) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available to the public in accordance with the Public Records Law.

(5) The members of the board shall serve without compensation; however, they may receive reimbursement for actual expenses incurred while attending to the business of the board or the district only when these expenses have been pre-approved by the executive committee.

(6) Board meeting locations shall be held on a rotating basis in each of the five municipalities. Location will be voted on by the board for the next month's meeting. Meetings will take place on the third Monday of each month at 5:30 p.m. The board may vote for a change in the date due to conflict with the meetings of other boards. All board members must be notified and informed of any change of date or location.

E. Prohibited activities. (1) Commissioners and members of their immediate family and employees of the district are prohibited from bidding on or entering into any contract or other transaction that is under the supervision or jurisdiction of the district. If any commissioner or employee of the district owns or controls any interest, direct or indirect, in any property later included in any project under the jurisdiction of the district or has interest in any contract for materials or services to be furnished or used in connection with any project, he shall disclose the same in writing to the board. Failure to disclose shall constitute misconduct in the office. After disclosure a commissioner shall not vote on any issue or expenditure of funds relating to such property or interest.

(2) A commissioner may be removed from office for just cause, but only after the commissioner has been given a copy of the charges against him and has had an opportunity to be heard in person or through counsel before the board.

F. Development plan. (1)(a) The board shall prepare or cause to be prepared a plan or plans, hereafter in this Section referred to as a "development plan", specifying the public improvements, facilities, and services proposed to be furnished, constructed, or acquired for the district. The board may conduct hearings, publish notice, and disseminate information with respect to the development plan.

(b) Any development plan may specify and encompass any public services, capital improvements, and facilities, which the parish governing authority is authorized to undertake, furnish, or provide under the constitution and laws of the state of Louisiana, and such specified public services, improvements, and facilities shall be special and in addition to all services, improvements, and facilities, which the parish governing authority is furnishing or providing or may be obligated to furnish or provide within the district.

(c) Any development plan shall include the following:

(i) An estimate of the annual and total cost of acquiring, constructing, or providing the services, improvements, or facilities set forth therein, including the operating expenses of the district.

(ii) An estimate of the total number of mills required to be levied each year on the taxable immovable property within the district in order to provide the funds required for the implementation of the development plan.

(iii) The proportion of the tax to be levied on the taxable immovable property within the district which is to be set aside and dedicated to paying the cost of capital improvements or paying the cost of debt service on any bonds to be issued to pay the cost of capital improvements, such proportions, in each case, to be expressed in numbers of mills.

(2) The board shall submit the development plan to the parish planning commission and economic development committee. The planning commission and economic development committee shall review the development plan and determine if it is consistent with the comprehensive plan for the parish. The planning commission and economic development committee, within thirty days following receipt of the plan, shall submit to the police jury its written opinion as to whether or not the development plan or any portion or detail thereof is inconsistent with the comprehensive plan for the parish and its written comments and recommendations regarding approval of the development plan.

(a) The police jury shall review and consider the development plan and the planning commission's comments and recommendations. It may, by a majority vote of all its members, adopt the plan as originally submitted or alter or modify the plan or any portion or detail thereof.

(b) If the development plan as originally submitted by the board is adopted, it shall become final and conclusive and may thereafter be implemented. If the police jury alters or modifies the development plan, it shall submit the altered or modified plan to the board for its concurrence or rejection.

(c) The board may concur in the modified development plan by a majority vote of all of its members. If the board votes to concur in the modified development plan, the plan shall become final and conclusive and may thereafter be implemented. If the board does not concur in the modified development plan, it shall notify the police jury in writing of its decision, and any subsequent submission of a development plan shall be in accordance with procedures established in this Subsection for the original submission.

(d) Thereafter, the board may prepare or cause to be prepared modifications to the development plan or plans and submit them to the planning commission and economic development committee in accordance with the same procedure prescribed for adoption of the original plan. The planning commission and economic development committee shall submit the proposed modifications and its written comments and recommendations to the police jury for its adoption, modification, or rejection in the manner and with the same effect as provided with respect to the original development plan.

(e) If the police jury fails to respond in writing to the original development plan or a modified development plan within sixty days of its submission, it will be considered approved by the jury and will become final and conclusive and may thereafter be implemented.

(f) Any and all parts of a development plan that come under the authority of the school board must be submitted to the school board for its approval or disapproval. The school board shall review the development plan and determine if it is consistent with the laws and rules of the school board. The school board within thirty days following receipt of the plan shall submit its written opinion as to whether or not the development plan or any portion or detail thereof is inconsistent with laws and rules of the school board and its written comments and recommendations regarding approval of the development plan.

(g) If the development plan as originally submitted by the board is adopted, it shall become final and conclusive and may thereafter be implemented. If the school board alters or modifies the development plan, it shall submit the altered or modified plan to the board for its concurrence or rejection.

(h) The board may concur in the modified development plan by a majority vote of all of its members. If the board votes to concur in the modified development plan, the plan shall become final and conclusive and may thereafter be implemented. If the board does not concur in the modified plan, it shall notify the school board in writing of its decision, and any subsequent submission of a development plan shall be in accordance with the procedures established in this Subsection for the original submission.

(i) Thereafter, the board may prepare or cause to be prepared modifications to the development plan or plans and submit them to the school board in accordance with the same procedure prescribed for adoption of the original plan. The school board shall submit the proposed modifications and its written comments and recommendations for its adoption, modification, or rejection in the manner and with the same effect as with respect to the original development plan.

(j) If the school board fails to respond in writing to the original development plan or a modified development plan within sixty days of its submission it will be considered approved by the school board and will become final and conclusive and may thereafter be implemented.

G. Employees and professional services plan. (1) The board may prepare and submit a plan or plans, hereafter referred to in this Subsection as an "employment plan", setting forth its intention to employ or otherwise retain the services of professional consultants, experts, and other advisors and personnel as it shall deem to be necessary or convenient to assist in preparation of a plan for the orderly and efficient development of the services and improvements specified in the development plan and in implementation of the development plan.

(2) The employment plan shall specify the services to be rendered by such advisors and personnel, an aggregate estimate of the proposed compensation of such advisors and personnel, and an estimate of other expenses required for the preparation of the plan for the orderly and efficient development of services and improvements and the implementation of the development plan.

H. Termination. If no development plan is finally and conclusively adopted within four years of June 28, 2005, all power and authority conferred hereby shall lapse, the district shall be dissolved, and all power and authority incident thereto shall become null and void as a matter of law; however, in such event, all obligations incurred by the district shall survive and shall be fully enforceable in accordance with their terms. The board shall notify in writing the Louisiana State Law Institute if a development plan is not adopted within four years of June 28, 2005.

I. Services and improvements. (1) All services to be furnished within the district pursuant to any development plan finally and conclusively adopted may be furnished, supplied, and administered by the parish through its regularly constituted departments, agencies, boards, commissions, and instrumentalities. All capital improvements and facilities to be acquired, constructed, or provided within the district may likewise be acquired, constructed, or provided by the parish through its regularly constituted departments, agencies, boards, commissions and instrumentalities, it being the intention of this Paragraph to avoid duplication of administrative and management efforts and expense in the implementation of the development plan.

(2) In order to provide services or provide, construct, or acquire capital improvements or facilities, the board may enter into intergovernmental local service contracts with the parish.

J. Taxing authority. (1) The district, as a special district and political subdivision of the state, may levy and collect special ad valorem taxes as provided in this Subsection. Any such tax shall be collected in the same manner and at the same time as all other ad valorem taxes levied in the parish are collected.

(2)(a) After a development plan or an employment plan has been finally adopted, the governing authority of the district may levy an ad valorem tax on immovable property within the district at a rate sufficient to fund the activities and expenses provided for therein. The tax shall be levied for a term not to exceed twenty-five years. The proceeds of the tax shall be used exclusively for the purposes and benefit of the district in accordance with the plan or plans.

(b) No tax authorized by this Subsection shall be levied until a proposition authorizing its levy and stating the rate and the duration of the tax has been submitted to the electors of the district at an election held in accordance with the Louisiana Election Code and such proposition has been approved by a majority of the electors of the district who vote on the proposition at such election. The district may call such election subject to approval of the State Bond Commission.

(3) The avails of the taxes authorized by this Subsection shall be paid over by the tax collector to the parish finance department, day by day as they are collected, and deposited to a special account established for the district.

(4) It is expressly declared that the special taxes authorized by this Subsection are limited to immovable property, and nothing contained in this Section shall be construed to authorize the levying of a tax upon movable property of any kind or description whatsoever, whether corporeal or incorporeal.

K. Authority to incur debt. (1)(a) Subject to the provisions of this Subsection, the governing authority of the district may fund the avails of the tax authorized by Subsection J of this Section into bonds or other instruments of indebtedness for the exclusive benefit of the district. The principal of, the premium, if any, and interest on the bonds or other instruments of indebtedness shall be payable solely from the proceeds of such tax. The bonds shall not constitute general obligations of the parish, the district, or the state of Louisiana. The outstanding principal amount shall never exceed twenty million dollars and shall not exceed the principal amount, which may be serviced in principal and interest from seventy-five percent of the avails estimated to be available in the first and each succeeding year that there are outstanding bonds. The bonds shall bear such rate or rates of interest and, except as otherwise provided by this Subsection, shall be in such form, terms, and denominations, and be redeemable at such times and places, within a period not exceeding twenty-five years from the date thereof, as may be provided for in the district's resolution providing for their issuance.

(b) Bonds issued under the provisions of this Section do not constitute or create an obligation, either general or special, debt, liability, or moral obligation of East Feliciana Parish, or the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever. The bonds shall be obligations of the district only, payable solely from the revenues pledged therefor as provided in Subparagraph (1)(a) of this Subsection. In no event shall bonds issued under this Section constitute or give rise to pecuniary liability of East Feliciana Parish or the state of Louisiana, nor shall the district have the power to pledge the general credit or taxing power of East Feliciana Parish, or the state of Louisiana for the payment of such bonds. Neither the full faith and credit nor the taxing power of East Feliciana Parish, or the state of Louisiana is pledged for payment of bonds issued under this Section. All bonds issued under this Section shall contain a statement on their face substantially to the effect that neither the full faith and credit nor the taxing power of East Feliciana Parish, or the state of Louisiana, is pledged to the payment of the principal or the interest on such bonds.

(c) No bonds shall be issued unless a proposition authorizing the issuance of bonds and stating the maximum amount of bonds to be issued and the maximum period over which the bonds will be outstanding has been submitted to the district electors at an election held in accordance with the Louisiana Election Code and such proposition has been approved by a majority of the district electors who vote on the proposition. The district may call such election subject to approval of the State Bond Commission.

(2) The bonds shall be signed by the chairman of the district governing authority and attested by the district's treasurer or secretary; however, in the discretion of the board, one of the signatures may be in facsimile. If any officer whose signature appears upon a bond or coupon ceases to be an officer before delivery of the bonds or coupons to the purchaser, his signature or countersignature shall nevertheless be valid for all purposes.

(3)(a) The resolution of the board authorizing the issuance and sale of such bonds and fixing the form and details thereof may contain such other provisions as the board may deem to be necessary or advisable to enhance the marketability and acceptability thereof by purchasers and investors, including but not limited to covenants with bondholders setting forth:

(i) Conditions and limitations on the issuance of additional bonds constituting a lien and charge on the avails of the special tax levied on immovable property within the district pari passu with bonds theretofore issued and outstanding.

(ii) The creation of reserves for the payment of the principal of and interest on such bonds.

(b) The bonds and the interest thereon shall be exempt from all taxation levied for state or parish, municipal, or other local purposes.

(c) Savings banks, tutors of minors, curators of interdicts, trustees, and other fiduciaries are authorized to invest the funds in their hands in the bonds issued pursuant to this Subsection.

L. General powers and duties. The governing authority of the district shall have the following additional powers and duties:

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

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

(3) To maintain an office at such place as it may designate and for such purposes to occupy space as may be made available by the parish governing authority.

(4) To sue and to be sued.

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

(6) To acquire, by any lawful means, property, including rights-of-way, and to hold and use any franchise or property, whether real, personal, or mixed, tangible or intangible, necessary or desirable for carrying out the objects and purposes of the district.

(7) To borrow money and issue bonds or obligations of the district in the manner provided by this Section and to refund the same.

(8) To make and execute contracts and other instruments necessary in the exercise of the powers and functions of the board.

(9) To pledge or assign any monies, fees, charges, or other revenues and any proceeds derived by the district from the sale of bonds and other contracts or rights of the district.

(10) Subject to limitations otherwise provided by this Section, to employ such employees, to make use of such persons as the parish governing authority may make available to the district for its use, and to employ or otherwise retain the services of accountants, financial advisors, underwriters, attorneys, engineers, and other consultants as may be required, in the judgment of the governing authority, and to fix and pay their compensation.

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

Acts 2005, No. 155, §1, eff. June 28, 2005.