New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-21
LAWS OF THE STATE OF LOUISIANA.
PUBLISHED BY AUTHORITY.
No. y.
AN ACT

Ratifying and confirming a contract be-
tween the Louisiana Levee Company and
the Governor of the State Of Louisiana:
SECTION l. Be it enacted by the Senate
and House Of Representatives of the State
of Louisiana in general assembly convened,
That all the provisions OF a contract entered
into between the Louisiana Levce Com
pany, party of the first part, and the Gov
ernor OF the State of Louisiana. party of the
second part. are hereby accepted, ratified
and confirmed. the aforesaid contract being
in terms rs follows, to wit:
United States of America-State of Louis
lana, city of New Orleans:
Before me. Pierre Charles Cuviller. no
tary public in and for this city and parish
of Orleans. duly commissioned and sworn.
and in the presence of the witnesses herein
after named and undersigned, personally
came and appeared NJ. A. Bry son, John n.
Botinger j. s. Clark, John j. Anderson.
George F. Sherman, F. \. Barbot, A. g..
Brice, Charles L. Howard. John A. Morris.
A. ID. Banks. c. Millaudon, +. c.
Remck, NJ. A. Southworth, II. r. Burgess.
Durant da Ponte and Michael Hahn, herein
representing the Louisiana Levee Company.
a body corporate established under the
laws of this State by an act dated the
eleventh OF February. 1871 in this office,
the said Louisiana Levee Company being
the party hereto of the first part. and Henry
Clay Warmoth. Governor of the State of
Louisiana, in his said capacity. party hereto
of the second part, who severally declared
as follows:
WHEREAS. A bill has passed both houses
of the General Assembly of the State of
Louisiana, under the title OF IAN act relative
to the Louisiana Levee Company, corpo-
ration organized under the general laws OF
IL h,,1 mol IfIa am
corporate, with certain powers, privileges
aud franchises. and contracting with said
corporation," etc. which said bill is now
before the Governor of said State for his
approval;
part will be required to accept the terms.
conditions and stipulations of said act of
the General Assembly after it becomes Il
law. before the same will become binding
on the said parties of the first part;
And whereas, Certain notifications of
and additions to said act and contract are adj
visable, and have been agreed on between the
parties hereto. of the first and second parts.
and it is desirable that such notifications
and additions be clearly defined and stipu
lated between the parties aforesaid, before
the bill or act aforesaid shall become a law.
with view that after the said act is 81 gned,
and is accepted 10y the parties OF the first
part the said notifications and additions
shall be embodied in an act of the General
Assembly to aid in doing which the parties
hereto of til first and of the second part, and
each subscriber. individually, shall give his
earnest aid. with the understanding that
should, for any cause whatever. the bill en-
bodying said notifications and additions fail
to become a law. nevertheless, the parties
to this act agree and bind themselves that
said notifications and additions as stipu-
lated and set forth in this act shall be for
ever obligatory and binding upon the said
parties of the first part. unless released
therefrom by the said party of the second
part.
Therefore. the following are stipulated
and agreed to as the notifications and addi-
tons herenbeture mentioned aud referred
to, VIZ:
First-The commission OF engineers to be
appointed under the authority of article
one ~, section two (2). of the aforesaid act
of the General Assembly. shall be required
to limit the amount of levces to be con
structed as required by their report, SO
that they shall not exceed fifteen
$4,000 ,000) millions cubic wards. nor the
total amount collected tor the construction
fund ever exceed nine hundred thousand
$4,000 dollars annually.
Second-Article three ~ of the second
section Of said act shah be SO construed
that no greater rights or privileges shall be
granted to said company. party Of the first
part. empowering them to take private
property, for the purposes of right of way.
and the construction or extension OF lerees.
than have been exercised by 'Er State,
parish or municipal authorities heretofore,
for the like purposes, according IT, law.
Third-The power to mortgl." or pledge,
according to article eight ~ "t said section
two (2) of said act. or, a'c"rdiEG 10 any
other provision of said act. shall only extend
to the fund known as the con> rlic' III fund,
and at no time shall the CON nn:. party
hereto of the first part, sell %! dispose If
bonds for the payment OF wilGh aid CON
StructiOn fund is mortgaged ~ = e '-;ed. 10
an amount exceeding the valI' -, lie 40
done. by more than five hundred Thousand
$500, 0O0) dollars, and that IT,. il.iItnr OF
Public Accounts and the St.tte Treasurer
shall not register bonds o. the company rx-
ceeding at any time. by more than five hun
dred thousand dollars, the amount of work
done.
Fourth-A commission to consist of three
persons-one to be appointed by the Gov
ernOr, one to be appointed by the board Of
directors of the company, party hereto of
the first party, and one to be appointed by
the President of the United States; and i'll
the event of this last appointment failing t"
Dt uduc, lHtu lIt OlUtl tNO SIdIi AT, Nv,
with the Chief Engineer of the State. shall
inspect all work performed by the company,
and make monthly reports thereof to the
Governor of the State. Said commission
shall also on the first day of each month or
Oftencr, if desired. on demand of the pre>
dent of the company. inspect all work per
formed for which no certificate has been
issued, and certify to the same. Stain. tlI"
amount thereof. and shall deliver IA copy nt
said certificate to the Governor of the State.
and another copy to the President. Said
except one. appointed by he
company. shall be paid by the State a. the
rate of six thousand $4,000 dollars per an
mum.
Fitth-A commission of one per cent on
the amount collected shall be allowed as IA
to such officers on whom shall
devolve the collection of the taxes imposed
by the act o. the General Assembly herein
before referred to. to be deducted and paid
out of the funds of the company.
Sixth-lnstead of three millions of cubic
yards of levec to be constructed by the said
company annually, as provided i'll article
four ~ section two ~ of said act the said
company shall undertake the second year,
and annually thereafter to construct five
million cubic wards until said leyee shall he
completed to the standard required by the
report of said commission. But if any cir
cumstancc, such as an epidemic. an over
flow, or any ether cause without the control
of the company, or causing loss to it, shall
occur to prevent the execution OF this slip
ulation, the same shall not be binding.
Thus done and passed i'll my Office at the
said city of New Orleans. i'll the presence
OF --, witnesses of lawful
age, and domicilated in this city, who here
unto sign their names, together with the
said appcare~S and me- the said notary on
this twentieth day of February. in the year
of our Lord one thousand eight hundred
and seven:y-One
Stoned.