reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4302. Notice of intention to create district; hearing of objections; resolution fixing boundaries

RS 33:4302 - Notice of intention to create district; hearing of objections; resolution fixing boundaries
No gas utility district shall be created hereunder until notice of the intention to create such district shall have been ordered by resolution or resolutions which shall define the proposed boundaries of the district and state the purposes of the incorporation thereof. Such notice shall state that the governing authority will in open session on a day and at an hour and place therein named hear objections to the creation of such gas utility district and that it will at such time or at an adjournment of such meeting proceed to create the proposed district. Where the proposed district lies in more than one parish, such notice shall be given by the governing authority of each parish and a hearing shall be so held in each parish. Such notice shall be published once a week for four successive weeks and the first publication shall be not less than thirty days before the date fixed for the hearing. The notice shall be published in a newspaper published in each parish affected.
The governing authority shall hear all objections at the time appointed or at any time to which the hearing may be adjourned, shall pass upon the same, and may eliminate such territory from the proposed district as it may consider fair and equitable to eliminate, provided that where the proposed district is to lie in more than one parish, the governing authority in each parish may eliminate from such district only territory lying within the boundaries of such parish. The decision of each governing authority shall be final and conclusive and at such hearing or at a subsequent meeting the governing authority shall, if it determines to create such district, adopt a resolution finally fixing the boundaries of the district and giving the district a numerical designation and name. Where the district is to lie within the boundaries of more than one parish, like resolutions shall be adopted by the governing authority of each parish affected. Notice of the formation of any such district shall be given forthwith by publication of an appropriate notice for one time in each parish affected.
Acts 1960, No. 415, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4304. District to possess all powers of a corporation; expropriation

RS 33:4304 - District to possess all powers of a corporation; expropriation
Any district created hereunder shall have all the powers of a corporation, including perpetual existence, the power to incur debt and contract obligations, to sue and be sued, to have a corporate seal, to enter into short or long term contracts, to do and perform any and all acts in its corporate capacity and in its corporate name necessary and proper for the carrying out of the objects and purposes for which the district was created. Such district shall have the right and power of expropriating property for its corporate purposes under and in the manner provided by any general law of the state of Louisiana authorizing the expropriation of property for public purposes.
Acts 1960, No. 415, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4306. District as a political subdivision

RS 33:4306 - District as a political subdivision
Any gas utility district created pursuant to this Subpart shall be a political subdivision within the meaning of the general laws authorizing the issuance of bonds. Nothing in this Subpart shall be construed as authorizing the issuance and sale of property or ad valorem bonds.
Acts 1960, No. 415, §6. Amended by Acts 1964, No. 414, §1; Acts 2014, No. 158, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4307. Authorization to construct, acquire, sell, etc., revenue producing gas public utilities

RS 33:4307 - Authorization to construct, acquire, sell, etc., revenue producing gas public utilities
Any gas utility district created hereunder is authorized to construct, acquire, sell, lease, mortgage, extend, improve, maintain and operate any revenue producing gas public utility within or partly within and partly without its boundaries and to obtain funds for the construction, acquisition, extension or improvement thereof or through the issuance of revenue bonds as hereinafter provided in this Sub-part or through the use of funds acquired in any other lawful manner. A "gas public utility" for the purposes of this Sub-part shall consist of a natural gas distribution system or a natural gas transmission and distribution system.
Acts 1960, No. 415, §7.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4307.1. Winn Parish; authorization to sell certain gas and utility lines

RS 33:4307.1 - Winn Parish; authorization to sell certain gas and utility lines
The governing authority of Winn Parish is authorized to sell or lease, without voter approval, a gas utility system owned by a gas utility district created pursuant to this Subpart.
Acts 1991, No. 440, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4311. Creation of commission; membership

RS 33:4311 - Creation of commission; membership
The governing authorities of the municipalities of Carencro, Denham Springs, Lake Providence, Oakdale, Port Allen, Springhill, and Winnfield are hereby authorized to create utilities commissions, by ordinance adopted following the effective date of this Subpart. The commissions shall consist of five qualified electors and citizens of the respective parishes wherein the municipalities creating the commissions are located.
Acts 1972, No. 598, §1; Acts 2011, 1st Ex. Sess., No. 20, §1, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4312. Qualification of members; appointment; oath; tenure

RS 33:4312 - Qualification of members; appointment; oath; tenure
A. The members composing the commission shall be qualified electors of the parish, of whom at least three must live within the limits of the municipality by whose authority the commission is created, and all of whom must live within the service area of the municipally owned utility system; shall have been residents of said parish for a period of at least three years, shall not hold any other municipal or state office; shall not be an employee of the state, parish or municipality, nor be an officer or employee or have any business connection with any privately owned utility. The term of each member shall be five years, and the members shall serve without compensation.
B. The members composing the commission shall be appointed and selected by the respective mayor and board of aldermen in the ordinance creating the utility commission. Their appointment shall be evidenced by a commission issued by the mayor and board of aldermen, and each member's term of office shall begin as of the date the commission appointing him was issued. Each member shall take the oath required of all officers by the constitution of the state of Louisiana. The oath shall be in duplicate form and one copy shall be filed with the clerk of the court for the parish wherein the commission was created, and one with the clerk of the respective municipality. Initially, one of the members of the commission shall be appointed for a term of one year; one for a term of two years; one for a term of three years; one for a term of four years; and one for a term of five years. Thereafter, all appointments shall be for a term of five years. All vacancies occurring from any cause shall be filled for the unexpired term upon appointment by the respective mayor and board of aldermen.
Acts 1972, No. 598, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4314. Public utilities defined

RS 33:4314 - Public utilities defined
Public utilities within the meaning of this Sub-part are hereby defined as follows: the municipally owned electric light and power and water system and other such utilities which are now owned, or which may hereafter be owned, by the municipality creating the commission, which the mayor and board of aldermen may from time to time place under the management of the said commission.
Acts 1972, No. 598, §3.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4315. Organizations; authority; by-laws; regulations

RS 33:4315 - Organizations; authority; by-laws; regulations
The commission shall meet within twenty days after the effective date of the ordinance creating the utility commission, for the purpose of organization or for any other legal purpose. It shall elect a chairman, vice-chairman, and secretary. The clerk of the municipality shall be the treasurer of the commission. The commission is authorized, if it so desires, to employ an auditor and an attorney or attorneys and to fix their terms of office and compensation and to make and adopt such bylaws and regulations as it may deem necessary for the economic and efficient management of the utilities herein defined, and for holding and conducting meetings thereof.
Acts 1972, No. 598, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4317. Billing procedure; separate accounts; fidelity bonds

RS 33:4317 - Billing procedure; separate accounts; fidelity bonds
All bills for water, power, and lights, and other charges, shall be prepared and sent out monthly and payments thereof shall continue to be paid to and received by the clerk of the municipality. Separate bank accounts for the water, light and power systems shall be kept by the clerk of the municipality. The clerk of the municipality and all persons handling or receiving in any way funds from said systems shall execute to the fidelity bonds in such amounts and under such conditions and coverage as the commission may desire or deem advisable.
Acts 1972, No. 598, §6.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4319. Bond issue; election

RS 33:4319 - Bond issue; election
A. Solely upon the recommendation of this commission, and in accordance with existing laws, and subject to the terms and conditions set forth in the ordinances and resolutions of the municipality, providing for the issuance and sale of revenue bonds and certificates of indebtedness heretofore issued, and remaining unpaid, and interest thereon, the mayor and board of aldermen may incur debt and issue negotiable bonds or certificates or other evidence of debt secured by a pledge of the revenues of the said systems, after such proposition or propositions have been approved by a majority of the voters of the municipality authorizing the incurring of such debt. The rights conferred herein shall be in addition to any other right now conferred upon the municipalities of Louisiana with reference to the issuance of bonds or other evidences of debt, payable out of and secured by a pledge of the revenues of any revenue producing utility. This Act shall never be construed by anyone as repealing any of such rights, insofar as the municipality is concerned.
B. The mayor and board of aldermen shall have the power to anticipate the five percent required to be placed in the renewal and replacement fund for a period not to exceed fifteen years and to borrow money against said fund, issue certificates or other forms of debt in such amount, and payable at such times and under such conditions as the commission may recommend and suggest.
The certificates of indebtedness or other forms of debt shall bear interest at a rate not to exceed that provided by state law, shall be payable at such times and places as the commission shall recommend and may be secured by a pledge of the whole or any part of the said five percent required to be placed in the renewal and replacement fund. The proceeds of such certificates may be used in retiring certificates of indebtedness previously issued by the mayor and board of aldermen against said five percent or any part thereof, or for the purpose of making major renewals, replacements, extensions and improvements to the said systems, or for the payment of revenue bonds or interest thereon heretofore issued to prevent a default thereof.
Acts 1972, No. 598, §8.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4320. Abolition of commission; election

RS 33:4320 - Abolition of commission; election
A utilities commission, once created under authority of this Sub-part, shall remain in existence until abolished by a majority vote of the qualified electors in the municipality at an election called by the municipal governing authority upon petition of twenty-five percent of the qualified electors of the municipality.
Acts 1972, No. 598, §9.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4321. Refunding or refinancing of bonds secured by income and revenues of public utility

RS 33:4321 - Refunding or refinancing of bonds secured by income and revenues of public utility
Any municipal corporation (the city of New Orleans excepted), or other political subdivisions which have issued, or may issue bonds for the purpose of constructing, acquiring, extending or improving any revenue producing public utility under the provisions of Sub-parts B and C of Part I of this Chapter, may for the purpose of refunding or refinancing the bonds outstanding and without submitting the matter to a vote in the municipality or political subdivision, issue bonds secured in the manner set forth in the statute under which the bonds being refunded or refinanced were originally issued.
Amended by Acts 1962, No. 261, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4322. Restrictions on bonds issued

RS 33:4322 - Restrictions on bonds issued
Any bonds issued under the provisions of this Sub-part shall not exceed in principal the amount of the original issue, shall not run for a period longer than the number of years of the original issue, and shall bear a maximum rate of interest not to exceed the rate of such original issue, shall not be sold for less than par, and the proceeds thereof shall not be used for any purpose other than that for which the bonds are issued.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4323. Procedure for issuing bonds

RS 33:4323 - Procedure for issuing bonds
A. Any bonds issued under the provisions of this Sub-part shall be authorized by ordinance or resolution of the governing authorities of such municipality or other political subdivisions and shall be signed by the chief executive officer thereof in the name and under the seal of the municipality or other political subdivisions. In all other respects the refunding bonds shall be issued and secured in the manner prescribed by the statute under which the bonds being refunded or refinanced were originally authorized and issued.
B. Bonds issued under the provisions of this Sub-part and the liability arising therefrom shall not be a charge upon the other income and revenues of the municipality or other political subdivisions issuing the bonds, and shall not be included in computing the indebtedness of the municipality or other political subdivisions for the purpose of determining any constitutional limitation.
Amended by Acts 1962, No. 261, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4324. Contesting legality of bond issue

RS 33:4324 - Contesting legality of bond issue
For a period of thirty days from the date of the publication of the ordinance or resolution of the municipality or other political subdivisions authorizing the issuance of bonds under the provisions of this Sub-part, any person in interest shall have the right to contest the legality of such issue, or the security to be given. After the expiration of thirty days no one shall have any right or cause of action to contest the regularity, formality or legality of such bond issue or the security given for the same for any cause whatever, and all bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters.
Amended by Acts 1962, No. 261, §3.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4331. Refunding of bonds secured by equipment or revenue of public utility

RS 33:4331 - Refunding of bonds secured by equipment or revenue of public utility
Any municipal corporation having a population of not more than two hundred thousand or less than seventy-five thousand and which has issued or which may issue bonds secured by a mortgage on the lands, buildings, machinery and equipment of any revenue-producing public utility, and by a pledge of the income and revenues of such public utility, or secured by either such mortgage or such pledge, for the purpose of refunding or refinancing any of such bonds so issued and outstanding, may, without submitting the matter to a vote of the electors of the municipal corporation, issue refunding bonds of the municipality secured exclusively, principal and interest, by a mortgage on the lands, buildings, machinery and equipment of such public utility and by a pledge of the income and revenues of such public utility, or secured either by such mortgage or by such pledge of said revenues, as the governing authority of the municipality may determine.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4332. Amount, maturity and interest rate of bonds; use of proceeds

RS 33:4332 - Amount, maturity and interest rate of bonds; use of proceeds
Any bonds issued under the provisions of this Sub-part shall not exceed in principal the amount then outstanding and unpaid of the original bond issue sought to be refunded, shall become due and payable in annual installments beginning not more than one year after the date of issuance, and run for a period of not more than twenty years, shall bear a maximum rate of interest not to exceed the rate of such original issue and shall not be sold for less than par and accrued interest. The proceeds of the bonds shall not be used for any purpose other than the payment and retirement of the outstanding amount of the original bond issue sought to be refunded.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4333. Ordinance authorizing bonds

RS 33:4333 - Ordinance authorizing bonds
Any bonds issued under the provisions of this Sub-part shall be authorized by ordinance or resolution of the governing authority of the municipality, which ordinance or resolution shall authorize the issuance of the bonds at such rate of interest as may be bid for the same in response to the advertisements hereinafter required. The ordinance or resolution shall not be voted unless notice of the intention to introduce the same has been given in a newspaper published in the municipality three times in ten days preceding introduction thereof, and shall be signed by the mayor or acting mayor of the municipality, in the name and under the seal of the municipality. The payment of the bonds shall be secured by an act of mortgage on the lands, buildings, machinery and equipment and by a pledge of the income and revenues of such public utility, or by either such mortgage or such pledge, as the governing authority of the municipality may determine and provide in the ordinance or resolution authorizing the issuance of the bonds.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4334. Mortgage or pledge of revenues to secure bonds

RS 33:4334 - Mortgage or pledge of revenues to secure bonds
When the bonds are secured by a mortgage, the act shall be executed by the mayor or acting mayor of the municipality in the name and under the seal of the municipality. When the act has been executed and recorded the property thus mortgaged shall remain mortgaged for the security of the bonds in principal and interest, until they have been fully paid and discharged. The act whereby the income and revenues of such public utility are pledged (when the income and revenues are pledged to secure the bonds) shall be executed by the mayor or acting mayor of the municipality in the name and under the seal of the municipality. The act shall be recorded in the office of the recorder of mortgages for the parish in which the municipality is situated. It may be stipulated in the act of mortgage or pledge, as the case may be, that the whole or any part of the property or revenue thus mortgaged or pledged may be released from the mortgage or pledge when bonds secured thereby are paid in part.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4335. Enforcing pledge and foreclosing mortgage in case of default

RS 33:4335 - Enforcing pledge and foreclosing mortgage in case of default
In case default occurs in the payment of such bonds or any of them, in whole or in part, or of any installment of interest thereon, when the same shall become due, the holder of such bond or bonds, or any of them, as to which there shall have been such default, may proceed against the governing authority of the municipality to enforce the pledge of income and revenues and foreclose the mortgage, as the case may be, by seizure and sale of the property mortgaged, or to do either or both, in event such bonds are secured by both pledge and mortgage, in like manner as if proceeding against a private person. Bonds issued under the provisions of this Sub-part and the liability arising therefrom shall not be a charge upon any other income or revenues of the municipality issuing the bonds and shall not be included in computing the indebtedness of the municipality for the purpose of determining any constitutional limitation.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4336. Advertising for sealed bids for bonds

RS 33:4336 - Advertising for sealed bids for bonds
The governing authority of the municipality shall cause an advertisement to be published three times in ten days in a newspaper published in the municipality and in a newspaper published in the City of New Orleans, asking for sealed bids for any bonds authorized by this Sub-part. After the bids have been received, the governing authority shall sell the bonds to the bidder offering to purchase them at the lowest rate of interest. The governing authority may reject all bids and thereafter shall proceed anew in accordance with the provisions of this Section.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4337. Fixing utility rates sufficient to meet obligation

RS 33:4337 - Fixing utility rates sufficient to meet obligation
Any municipality issuing bonds under the provisions of this Sub-part shall, during the time when any of such bonds remain outstanding and unpaid, impose rates for the service rendered by the public utility fully sufficient to pay the operating expenses of the utility and to pay the principal and interest on any bonds so outstanding and unpaid.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4338. Purchaser of utility at foreclosure sale entitled to franchise

RS 33:4338 - Purchaser of utility at foreclosure sale entitled to franchise
In event foreclosure proceedings are instituted by virtue of any bonds issued under the provisions of this Sub-part, and in the event any person becomes the owner of such utility at the foreclosure sale, the purchaser shall without any further action on the part of the governing authority of the municipality become automatically vested with a franchise to operate the utility for such term as would have been required to pay and retire all of the bonds foreclosed upon in full.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4339. Contesting legality of bond issue

RS 33:4339 - Contesting legality of bond issue
For a period of thirty days from the date of the final publication of the ordinance or resolution of the municipality authorizing the issuance of bonds under the provisions of this Part, any taxpayer paying ad valorem taxes to the municipality, or any other interested person, may contest the legality of the bond issue, or the security to be given, after which time no one shall have any right or cause of action to contest the regularity, formality or legality of the bond issue, or the security given, for any cause whatever, and no court shall have jurisdiction of the contest.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4341.1. Hospital Service District No. 1 of Terrebonne Parish; exception

RS 33:4341.1 - Hospital Service District No. 1 of Terrebonne Parish; exception
The sale or lease of Terrebonne General Medical Center by the governing authority of Hospital Service District No. 1 of Terrebonne Parish shall be in accordance with the provisions of R.S. 46:1064.1.
Acts 1997, No. 1083, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4341.2. Hospital service districts; Jefferson Parish; exception

RS 33:4341.2 - Hospital service districts; Jefferson Parish; exception
The sale or lease of any hospital owned by a hospital service district in Jefferson Parish shall be in accordance with the provisions of R.S. 46:1064.2.
Acts 2001, No. 379, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4342. Election to determine whether to dispose of utility property; certified check as guaranty of good faith

RS 33:4342 - Election to determine whether to dispose of utility property; certified check as guaranty of good faith
When a written and signed proposition has been made to the governing authority of any municipality or parish for the purchase, lease or other acquisition of any of the properties owned by it, and franchise for operation of same, and which written proposition shall contain a complete and detailed statement of all terms and provisions of the franchise, the governing authority may submit to the qualified electors, at a special election called for that purpose, the question of whether or not the offer made shall be accepted. Upon presentation of a petition signed by electors, qualified to vote in a number equal to twenty per cent of those who participated in the last preceding election held in the parish or municipality, requesting the governing authority to accept any proposition made to it for the purchase or lease of any of the revenue producing municipal properties and franchise for its operation, the governing authority within fifteen days after the delivery of the petition to them or to their clerk, shall call a special election within fifty days of the date of filing the petition, at which they shall submit to the qualified electors the question of whether or not the offer made shall be accepted.
Every proposition to purchase, as herein provided, shall be accompanied by a certified check for ten thousand dollars, as a guaranty of good faith, which check shall be forfeited to the municipality or parish, in event the proponent, if its proposition be accepted, does not comply with and consummate the offer.
Amended by Acts 1972, No. 111, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4343. Persons entitled to vote

RS 33:4343 - Persons entitled to vote
Those entitled to vote at elections held under the provisions of this Sub-part shall be qualified electors under the laws of Louisiana.
The registrar of voters shall furnish to the election commissioners appointed to hold the election a list of electors entitled to vote.
This list shall be subject to correction in all respects in case of mistake or error.
Amended by Acts 1972, No. 111, §3.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4344. Notice of election; ballots

RS 33:4344 - Notice of election; ballots
Thirty days' notice of the election shall be given in the official journal of the municipality or parish where the election is to be held, which notice shall include a reproduction of the proposition or a summary thereof. If the municipality or parish has no official journal then the notice shall be given in any newspaper published in the municipality or parish, and if there is no newspaper published in the parish then by posting at three conspicuous places within the municipality or parish. As far as practicable the elections shall be held in accordance with the general election law, and at the voting precincts established for holding elections. The form of ballot to be used in holding elections hereunder shall be substantially as follows:
"Shall the (city, town, village or parish) of ______________ (sell or lease as the case may be) its (mention utility to be sold or leased) and grant franchise to operate same to __________ as per written proposal of date __________, on file in the office of the clerk of said (city, town, village or parish)?"
To vote in favor of the proposition the voter
YES ____
will make a cross mark (X) in the square
opposite the word "Yes," and to vote against
it he will make a cross mark (X) in the
NO ____
square opposite the word "No."
Amended by Acts 1972, No. 111, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4345. Election returns; promulgation of result

RS 33:4345 - Election returns; promulgation of result
The returns of elections held hereunder shall be made to the governing authority ordering them. They shall be canvassed, counted, and tabulated and the result declared by the governing authority on the day following the election. The result shall be promulgated not later than two weeks by one publication in the official journal of the municipality or parish, or, in the absence of an official journal, by one publication in a newspaper published in the parish, or in the absence of both, by posting one time in a conspicuous place in the municipality or parish.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4346. Ordinance directing disposition of property

RS 33:4346 - Ordinance directing disposition of property
If a majority in number of those voting at the election, vote in favor of the proposition submitted, the governing authority shall, not earlier than thirty nor later than sixty days after the promulgation of the result, pass an ordinance ordering the appropriate executive officer to make the sale, lease or other contract, submitted to the voters, including the franchise to operate the same, and to execute the deeds, conveyances, and contracts necessary to carry out and consummate the proposition submitted and voted on.
Amended by Acts 1972, No. 111, §5.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4347. Election contests; prescription

RS 33:4347 - Election contests; prescription
All suits to contest any election held under this Sub-part shall be brought within thirty days after the promulgation of the returns, and after that date no suit shall be brought to contest any such election or the promulgation of the returns thereof for any cause. If the validity of any election held under the provisions of this Sub-part is not raised within the thirty days herein prescribed the legality of the election shall be conclusively presumed, and no court thereafter shall have authority to inquire into its legality.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4348. Assent to conveyance or assignment of utility property and franchise

RS 33:4348 - Assent to conveyance or assignment of utility property and franchise
Whenever any parish or municipality has sold or leased any of its public utility properties and granted a franchise for their operation, and the original grantee or lessee, or the successor or assign of such grantee or lessee, has conveyed or assigned its rights to the whole or any part of the property and franchise, then the governing authority may by proper ordinance, and without any vote of the people, assent to the conveyance or assignment.
The same rights, duties, privileges, and responsibilities arising from the original sale or lease shall vest in the transferee in regard to that portion of the property which has been transferred.
The transferor, as a result of the conveyance or assignment so assented to, shall retain only the properties, rights, privileges, and franchises owned by the transferor and not so conveyed or assigned and shall remain charged with only the duties appertaining thereto.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4361. Police jury may grant franchise for use of streets, roads and alleys outside municipalities

RS 33:4361 - Police jury may grant franchise for use of streets, roads and alleys outside municipalities
A. Police juries may, subject to any conditions, regulations, and restrictions which they impose, grant franchises or operating system over the public places, roads, streets, and alleys of their respective parishes, not within the limits of any municipality, to any person for:
(1) The construction, maintenance, and operation of lines of poles and wire for the transmission of electric current for heat, light, or power.
(2) Laying, maintaining, and operating lines of pipe or mains for supplying gas or water in, over, under or along the public roads, streets, or alleys.
(3) The construction, maintenance, and operation of sewerage and drain pipes across, along and underneath the roads, alleys, and public places.
(4) The construction, maintenance, and operation of railways utilizing electric or motive power other than steam, under the conditions hereinafter set forth.
(5) The construction, maintenance, and operation of television lines and cables whether erected on poles owned or leased from existing public utilities or on poles to be erected, or through cables to be laid underground for receiving, distributing, and transmitting television impulses or signals to residences, commercial establishments, or other customers. Each such franchise shall be awarded to the highest responsible bidder in accordance with the public bid laws of the state. The specifications shall state the area to be served by the franchise, the duration of the franchise, and other terms of the agreement. Each franchise or operating system granted for this purpose is hereby approved and recognized as legal until the franchise termination or operating system termination date or until September 1, 1991, whichever occurs sooner, or such later date as may be specified in a franchise, but no such system shall have exclusive cable rights in any area in which it extends its present operations.
B. Franchises awarded under the provisions of this Section shall be nonexclusive.
C. Notwithstanding any law, rule, regulation, or order to the contrary, on or after January 1, 2013, the Louisiana Public Service Commission may require that whenever a parish governing authority imposes a franchise fee upon a public utility which the utility collects or recovers from the utility's consumers, the utility's monthly billing statement shall specifically and clearly include a separate line item for the applicable franchise fee, with the name of the parish imposing the fee, the total amount or rate of the franchise fee, and the total amount of the billing attributable to the fee.
Amended by Acts 1976, No. 573, §1; Acts 1978, No. 83, §1; Acts 1980, No. 455, §§1, 2; Acts 2012, No. 766, §1, eff. June 12, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4361.1. Cable television system; report

RS 33:4361.1 - Cable television system; report
Each cable television system franchised in accordance with law shall make an annual report, not later than December 30 of each year, to the local governing authority from whom such franchise was obtained regarding the current state of the art in descrambling any signal carried by that cable television system. Such report shall be a public record and made available to the public in accordance with the public records laws of this state.
Added by Acts 1983, No. 723, §1, eff. Jan. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4362. State highways; consent of highway engineer

RS 33:4362 - State highways; consent of highway engineer
No franchise shall be granted over any state highway without the written consent of the Louisiana highway engineer. Work shall be done in pursuance to a franchise granted on a state highway in a manner consistent with the requirements of the laws with reference to public highways and particularly Chapter 2 of Title 48.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4363. Petition requesting sale of franchise for railway; advertising for bids; sale of franchise

RS 33:4363 - Petition requesting sale of franchise for railway; advertising for bids; sale of franchise
Upon the presentation to any police jury of a written petition signed by a majority in number and amount of the abutting property holders along any public road, requesting the police jury to advertise and sell a franchise to construct, maintain, and operate, for a term mentioned in the petition not to exceed ninety-nine years, a railway utilizing electric or motive power other than steam on the road, the police jury shall, at a public meeting called for that purpose, canvass the petition. If it decides that a majority in number and amount of the abutting property holders on the public road have signed the petition, it shall proceed forthwith to fix the terms and specifications of the franchise, incorporating therein any special condition or specification requested, and to advertise the same for thirty days in the official journal of the parish, or in case there is no official journal, then in any newspaper published in the parish, and when no newspaper is published in the parish, then by posting in a conspicuous manner at the court house door of the parish, inviting bids for the franchise. On the day fixed by the advertisement, the president of the police jury shall, by public auction, sell the franchise to the bidder offering the highest cash price.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4364. Contents of petition

RS 33:4364 - Contents of petition
The petitions so to be presented to the police jury shall contain:
(1) The designation or description of the road upon which it is proposed to have the railway constructed.
(2) The term for which the franchise is to be granted.
(3) The termini of the proposed railway.
(4) Terms, conditions, and specifications relating to the franchise which the property holders see fit to require.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4366. Franchise for railway extending through two or more parishes

RS 33:4366 - Franchise for railway extending through two or more parishes
The abutting property holders along any public road extending into or through two or more parishes may petition their respective police juries to sell, as one entire franchise, the right to construct, maintain, and operate a railway on the road. The several police juries on receipt of such petition shall in public session canvass the petition, and if they find that it is signed by a majority in number and amount of the abutting property holders along that portion of the public road lying in their parish, they shall declare the result of the canvass and shall forthwith select a committee composed of three members of the police jury to meet and act with a like committee from the several police juries from the parishes through which the proposed railroad is to be constructed. The committees so appointed by the respective police juries shall meet and fix the terms and conditions and specifications of the franchise proposed to be sold, as well as the time, place and manner of advertisement and sale thereof. The franchise so agreed upon by the committee shall be submitted at a special meeting called for that purpose to the respective police juries for their approval and adoption. Upon the adoption of the franchise by the several police juries of the several parishes through which the railway is to be constructed, it shall be advertised and sold at the time and in the place and manner fixed by the committees acting jointly, to the person offering to pay the highest cash price.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4367. Apportionment among parishes of proceeds from sale of franchise

RS 33:4367 - Apportionment among parishes of proceeds from sale of franchise
Whenever a franchise to operate a railway on a public road extending through two or more parishes, has been sold, the proceeds from the sale shall be apportioned among the several parishes according to the mileage of the railway in each of the parishes.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4401. Granting franchise to use streets for telephone, telegraph, electric light, water and gas system

RS 33:4401 - Granting franchise to use streets for telephone, telegraph, electric light, water and gas system
A. The governing authorities of all municipalities may grant a franchise to any person to use and occupy the streets, alleys, and public places therein, and to obstruct the same or any part thereof, by constructing, maintaining, and operating (1) poles, wires, and appurtenances for telephone, telegraph, and electric transmission and distribution systems and (2) pipelines, mains for a water or gas transportation and distribution system. These franchises shall not be exclusive, nor be for a longer period than sixty years and shall be subject to any terms, conditions and stipulations prescribed by the governing authorities of the municipalities. This Section shall not apply to municipalities which are required under the provisions of their charter to hold referendum elections to grant or lease franchises.
B. Notwithstanding any law, rule, regulation, or order to the contrary, on or after January 1, 2013, the Louisiana Public Service Commission may require that whenever a municipality imposes a franchise fee upon a public utility which the utility collects or recovers from the utility's consumers, the utility's monthly billing statement shall specifically and clearly include a separate line item for the applicable franchise fee, with the name of the municipality imposing the fee, the total amount or rate of the franchise fee, and the total amount of the billing attributable to the fee.
Amended by Acts 1972, No. 189, §1; Acts 2012, No. 766, §1, eff. June 12, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4402. Franchises for railroads and appurtenances in municipalities of less than 75,000

RS 33:4402 - Franchises for railroads and appurtenances in municipalities of less than 75,000
The governing authority of any municipality having a population not exceeding seventy-five thousand, may grant a franchise to any person to locate, construct, and operate railroads, spur tracks, switch tracks, turn-outs, sidings, and other appurtenances, upon, through, and across the streets, alleys, and other public places in the municipality, for a term not to exceed twenty-five years from the date of the grant, under any conditions prescribed by the governing authority in the ordinance granting the franchise. This Section shall not apply to street car lines, or street railroads. If any existing franchise is extended by the governing authority before its expiration, the whole term of the franchise shall not exceed twenty-five years from the date of extension.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4403. Grant of right to obstruct streets with buildings in cities of less than 75,000; election required

RS 33:4403 - Grant of right to obstruct streets with buildings in cities of less than 75,000; election required
Municipalities having a population of less than 75,000 persons may grant corporations the right to use and occupy their streets and alleys and to obstruct them with buildings necessary to and used by the corporations, subject to any conditions and charges which the municipal governing body may deem fit.
Except as provided in R.S. 33:4401 and R.S. 33:4402, a majority of the property taxpayers of the municipality voting at an election called for the purpose shall first approve the proposed grant.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4404. Franchise for buses, trolleys, and other forms of transportation

RS 33:4404 - Franchise for buses, trolleys, and other forms of transportation
The governing authority of any municipality, City of New Orleans excepted, incorporated under the general or special laws of this state, may grant a franchise to any person, to use and occupy the streets, alleys, highways, bridges, or other public places therein for operation of motor buses, trackless trolleys, and other forms of transportation for the purpose of transporting passengers for hire within the limits of the municipality. The franchise shall not be exclusive, nor be for a longer period than twenty-five years, and shall be subject to any conditions and stipulations prescribed by the governing authority. The provisions of this Section shall not apply to municipalities which are required under the provisions of their charter to hold referendum elections to grant or lease franchises, nor to municipalities which under existing laws are required to hold such elections.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4405. Indeterminate permits granted by cities of 100,000 or more; option to purchase utility; forfeiture or enforcement of permit

RS 33:4405 - Indeterminate permits granted by cities of 100,000 or more; option to purchase utility; forfeiture or enforcement of permit
The governing authority of every city having a population of one hundred thousand or more may grant indeterminate permits for the use of the streets and other public places in connection with the operation and maintenance of any public utility, which permit shall continue in force until such time as the city purchases the utility under the option provided for below or until the permit is otherwise terminated according to law. No such permit shall be granted except upon the condition that the city granting it shall have a perpetual option to purchase the utility, at any time, at a price agreed upon or to be ascertained and determined in a manner agreed upon at the time of the granting of the permit and to be set forth therein. The governing authority may prescribe, stipulate, or agree to such other conditions of the permits as it deems proper. Any violation of any of the conditions shall be sufficient grounds for forfeiture of the permit, in which event, or for other legal cause, the city may sue for its forfeiture, cancellation, or revocation or, at its option, may sue for its enforcement, with damages suffered. By the grant and acceptance of an indeterminate permit, no utility shall be exempted or relieved from the payment of any franchise tax or consideration to which the municipality would be entitled by the terms of any existing franchise under which the utility may be operated.