reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.14. Interim receipts and temporary bonds; mutilated, lost and destroyed bonds

RS 33:4545.14 - Interim receipts and temporary bonds; mutilated, lost and destroyed bonds
Prior to the preparation of definitive bonds, the Authority may issue interim receipts of temporary bonds with or without coupon, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.
Should any bond issued under this Chapter become mutilated or be lost or destroyed, the Authority may cause a new bond of like date, number and tenor to be executed and delivered in exchange and substitution for, and upon the cancellation of such mutilated bond and its interest coupons, or in lieu of and in substitution for such lost or destroyed bond and its unmatured interest coupons. Such new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond has (i) paid the reasonable expense and charges in connection therewith and (ii) in the case of a lost or destroyed bond, has filed with the Authority or its fiduciary evidence satisfactory to the Authority or its fiduciary that such bond was lost or destroyed and that the holder was the owner thereof and (iii) has furnished indemnity satisfactory to the Authority.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.15. Bonds not debts of state or governmental units

RS 33:4545.15 - Bonds not debts of state or governmental units
Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the state nor the faith and credit of any governmental unit of the state are pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.17. Rates and charges

RS 33:4545.17 - Rates and charges
The Authority is hereby authorized to fix, charge and collect rents, rates, fees and other charges for the purchase of output or capacity of any project, or for the use of and for the electric power and energy or services, facilities and commodities sold, furnished or supplied by, the Authority. Such rates, fees and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, sufficient at all times (i) to pay the cost of maintaining, operating and repairing the project or projects on account of which such bonds are issued, including reserves for such purposes and for replacement and depreciation and necessary extensions; (ii) to pay the principal and redemption premium, if any, and interest on the revenue bonds as the same shall become due and to create and maintain reserves therefor; (iii) to comply with the terms of any resolution or trust agreement securing bonds of the Authority; and (iv) to pay any and all amounts which the Authority may be obligated to pay from said revenues by law or contract. The Authority shall charge and collect the rates, fees and charges so fixed or revised. Rates, rentals, fees and charges for the sale or purchase of output or capacity of, or for the use of and for the electric power and energy or services, facilities and commodities sold, furnished or supplied by, a project may be fixed and revised and charged and collected by the Authority under this Chapter without obtaining the approval or consent of any department, division, commission, board, bureau or agency of the state, and without any other proceeding or the happening of any other condition or thing than those proceedings, conditions or things which are specifically required by this Chapter.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.18. Trust funds

RS 33:4545.18 - Trust funds
Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this Chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this Chapter. The resolution authorizing the issuance of bonds or the trust agreement securing such bonds may provide that any of such moneys may be temporarily invested and reinvested pending the disbursement thereof in such securities and other investments as shall be provided in such resolution or trust agreement, and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulation as this Chapter and such resolution or trust agreement may provide.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.19. Bondholders remedies

RS 33:4545.19 - Bondholders remedies
Any holder of bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder, or, to the extent permitted by law, under such trust agreement or resolution authorizing the issuance of such bonds or under any agreement or other contract executed by the Authority pursuant to this Chapter, and may enforce and compel the performance of all duties required by this Chapter or by such trust agreement or resolution to be performed by the Authority or any political subdivision or any public official, including the fixing, charging and collecting of rents, rates, fees and charges for the purchase of output or capacity of any project or for the use of or for the electric power and energy or services furnished by any project.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.20. Refunding bonds

RS 33:4545.20 - Refunding bonds
The Authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds then outstanding and issued under the provisions of this Chapter, whether or not such outstanding bonds have matured or are then subject to redemption. The Authority is further authorized to provide by resolution for the issuance of a single issue of revenue bonds of the Authority for the combined purposes of (i) paying the cost of any project and (ii) refunding revenue bonds of the Authority which shall theretofore have been issued under the provisions of this Chapter and shall then be outstanding, whether or not such outstanding bonds have matured or are then subject to redemption. The issuance of such bonds, the maturities and other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties and obligations of the Authority with respect to the same, shall be governed by the foregoing provisions of this Chapter insofar as the same may be applicable.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.21. Status of bonds

RS 33:4545.21 - Status of bonds
Notwithstanding any of the provisions of this Chapter or any recitals in any bonds issued under this Chapter, all such bonds shall be deemed to have all the qualities of registered instruments under the commercial laws of the state, subject only to the provisions of the bonds pertaining to registration.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.22. Bonds as legal investments and lawful security

RS 33:4545.22 - Bonds as legal investments and lawful security
The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the State and any and all public funds of municipalities, parishes, school districts or other political corporations or subdivisions of the state and such bonds shall be lawful and sufficient security for said deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.23. Bonds exempt from taxation

RS 33:4545.23 - Bonds exempt from taxation
Bonds, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from all taxation by the state or any political subdivision thereof.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979; Acts 2010, No. 175, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.24. Payment in lieu of taxes

RS 33:4545.24 - Payment in lieu of taxes
A project owned by the Authority shall be exempt from property taxes; provided, however, that the Authority owning a project may, in lieu of property taxes, pay to any governmental body authorized to levy property taxes an amount in lieu of property taxes. Payments in lieu of taxes made hereunder shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law. Except as herein expressly provided with respect to projects owned by the Authority, no other property of the Authority used or useful in the generation, transmission and transformation of electric power and energy shall be subject to payment in lieu of taxes.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.25. Properties of political subdivisions and the state

RS 33:4545.25 - Properties of political subdivisions and the state
The Authority shall have the power to enter upon, use, occupy, and dig up any street, road or highway or public lands necessary to be entered upon, used or occupied in connection with the acquisition, construction or improvement, maintenance or operation of a project to the same extent as all other public utilities under the law of the state of Louisiana, provided that such activity by the Authority shall not interfere with the use and occupancy of such lands by any public utility.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.26. Eminent domain

RS 33:4545.26 - Eminent domain
The Authority created under the provisions of this Chapter is hereby vested with the authority to exercise the power of expropriation or eminent domain to the same extent as all other public utilities in the state of Louisiana in accordance with R.S. 19:1 et seq. Notwithstanding anything contained in this Chapter, this power shall not be used to acquire sites for power generating facilities and shall not be used to acquire the generation, transmission, distribution, fuel, and fuel supply resources, other related facilities or any other property of any unit without the consent of the unit.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.27. Annual reports

RS 33:4545.27 - Annual reports
The Authority, promptly following the close of the calendar year, shall submit an annual report of its activities for the preceding year to the governing body of the participating municipalities which appoint members of the board of directors of the Authority. Each such report shall set forth a complete operating and financial statement covering the operation of the Authority during such year. The Authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of a project or projects, or otherwise as part of the expense of operation of the project or projects by such audit.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.28. Officials not liable

RS 33:4545.28 - Officials not liable
No officer or director of the Authority, or officer or member of the governing authority of any governmental unit contracting with the Authority, or person or persons acting in their behalf, while acting within the scope of their authority shall be subject to any personal liability by reason of his carrying out of any of the powers granted of this Chapter.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.29. Dissolution of Authority

RS 33:4545.29 - Dissolution of Authority
Whenever the board of directors of the Authority and the participating municipalities then appointing its members shall determine that the purposes for which it was created have been substantially fulfilled or are impractical or impossible of accomplishment and that all bonds theretofore issued and all other obligations theretofore incurred by the Authority have been paid or that cash or a sufficient amount of United States government securities have been deposited for their payment, the board of directors of the Authority and the governing authorities of said participating municipalities may adopt resolutions declaring and finding that the Authority should be dissolved. Upon the adoption of the resolutions of the board of directors of the Authority and the said governing authorities so declaring, such dissolution shall become effective and the title to all funds and other property owned by the Authority at the time of such filing shall vest in the participating municipalities which shall have contracted with the Authority pursuant to this Chapter in the manner specified in such contracts or, if not specified in such contracts, in the resolution of the Authority providing for its dissolution.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.30. Provisions of Chapter construction; powers reserved

RS 33:4545.30 - Provisions of Chapter construction; powers reserved
Nothing herein shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the Authority or to impair any power thereover of any official or agency of the state and its political subdivisions which may be otherwise provided by law. Nothing contained in this Chapter shall be deemed to authorize the Authority to occupy or use any land, streets, buildings, structures or other property of any kind, owned or used by any political subdivision within its jurisdiction, or any public improvement or facility maintained by such political subdivision for the use of its inhabitants, without first obtaining the consent of the governing body thereof.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.31. Retail sales prohibited

RS 33:4545.31 - Retail sales prohibited
The Authority shall have no power or authority right to sell or to provide for the transmission of electric power or energy at retail.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.32. Restriction as to transmission facilities

RS 33:4545.32 - Restriction as to transmission facilities
The Authority shall not construct facilities for the transmission of electric power and energy unless it cannot provide for such by contract with investor-owned electric power companies with available existing transmission facilities under fair and reasonable terms and conditions or unless ordered to do so by a regulatory authority having jurisdiction.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.33. Applicability of anti-trust laws

RS 33:4545.33 - Applicability of anti-trust laws
Nothing in this Chapter shall be construed to grant an immunity to or on behalf of any Authority or any public instrumentality created under this act from anti-trust laws of the state of Louisiana or of the United States.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.34. Responsibility of municipalities in operation as utilities

RS 33:4545.34 - Responsibility of municipalities in operation as utilities
Nothing in this Chapter shall be construed to alter the principle that municipalities in the operation of their utility systems are held to the same responsibility as is a private corporation. Any Authority created pursuant to this Chapter shall likewise be held to the same responsibility as is a private corporation with respect to its conduct of utility operations.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.35. Local option

RS 33:4545.35 - Local option
A. The provisions of this Chapter shall not apply to any municipality unless the qualified electors of the municipality vote in favor of the application of this Chapter to the municipality as provided in Subsection B hereof.
B. The governing authority of a municipality may adopt a resolution to call a special election for the purpose of submitting to the electors of the municipality the question of whether the provisions of this Chapter shall apply to the municipality. Such election shall be held in accordance with Chapter 6-B of the Louisiana Election Code; however, notice of such election shall be given by the governing authority and shall embrace substantially all matters set forth in the resolution ordering the election. Such notice shall be published once a week for four consecutive weeks in the newspaper of general circulation, in the municipality. Not less than thirty days nor more than ninety days shall intervene between the date of the first publication and the date of the election.
The proposition to be submitted to a vote of the qualified electors of the municipality, for their approval or disapproval, shall be in substantially the following form:
Shall the provisions of Chapter 10-A of Title 33 of the Louisiana Revised Statutes of 1950 creating the Louisiana Energy and Power Authority apply to the municipality of (name of municipality)?
YES / /
NO / /
If a majority of the qualified electors of the municipality voting in said special election vote in favor of the above proposition, then the provisions of this Chapter shall apply to the municipality beginning on the date of the promulgation of the official results of the special election; and in such case the municipality shall be represented on the board of directors of the Authority in the same manner as provided in R.S. 33:4545.4. If a majority of the qualified electors of the municipality voting in the special election vote against the proposition, then the provisions of this Chapter shall continue to be inapplicable to the municipality.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.36. Powers, etc., severable; provisions of Chapter controlling over other statutes and charters

RS 33:4545.36 - Powers, etc., severable; provisions of Chapter controlling over other statutes and charters
If any one or more Sections, Subsections, sentences, or Parts of any of this Chapter shall be adjudged unconstitutional or invalid, such adjudication shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid. Any provision of this Chapter which is found to be in conflict with any other statute or Chapter shall be controlling and shall supersede such other statute or Chapter to the extent of such conflict.
After the effective date of this Act, no municipality that has executed a contract with the Authority for the purchase of capacity shall commence service at retail to any customer situated outside the corporate limits of such municipality except where said customer is situated within 300 feet of municipally owned and operated facilities outside said municipality, which facilities were in operation on April 1, 1979, except with the consent in writing of any other electric public utility serving customers in its general area; provided further that if no electric service is available outside of the 300 foot area, then such consent shall not be unreasonably withheld.
If, after the effective date of this Act, any dispute arises as to the service to any customer or customers between a municipality and an electric public utility, such dispute shall be adjudicated by the district court of the judicial district in which service is to be furnished.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4545.37. Laws governing contracts

RS 33:4545.37 - Laws governing contracts
All contracts let for purposes of this Chapter shall be subject to the public contract laws contained in R.S. 38:2211-2225, except contracts entered into between the Authority and a participating municipality, contracts between municipalities, and contracts between the Authority and investor-owned electric power companies and electric power cooperative associations or corporations for the purchase of an interest in a facility or facilities existing or under construction.
Added by Acts 1979, No. 772, §1, eff. July 20, 1979.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.2. Creation of the authority

RS 33:4546.2 - Creation of the authority
A. There is hereby created a Municipal Natural Gas Purchasing and Distribution Authority to be composed of two or more participating political subdivisions, for the purpose of purchasing natural gas for and the distribution of such gas at wholesale to the participating political subdivisions. The authority hereby created shall be governed by a board of directors of the authority, the membership of which shall be appointed as follows:
(1) The governing authority of each political subdivision that desires to become a member of the authority shall adopt a resolution indicating its intention to do so. Each such political subdivision shall thereupon become a participating political subdivision.
(2) The mayor of each municipality which is a participating political subdivision shall appoint one director to the board of directors of the authority, which appointment shall be approved by the governing authority of the municipality, and the governing authority of each other participating political subdivision shall appoint one director to the board of directors of the authority. The mayor of each municipality which is a participating political subdivision and the governing authority of each other participating political subdivision may appoint one person to serve as an alternate board member to act in the absence of such participating political subdivision's regular board member.
B. Each director shall be appointed for a term of four years from the date his appointment is approved by the governing authority of a participating political subdivision or by the two directors of the authority in the event that the following Subsection is applicable. There shall never be less than three members or directors serving on the board of directors.
C. In the event only two political subdivisions shall participate as members of the authority, the two participating political subdivisions shall name a third director.
D. The provisions of this Chapter shall be inapplicable with respect to the city of New Orleans or to the East Baton Rouge city-parish form of government.
Acts 1987, No. 658, §1; Acts 1988, No. 738, §1; Acts 2011, 1st Ex. Sess., No. 20, §1, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.4. Provisions of Chapter construction; powers reserved

RS 33:4546.4 - Provisions of Chapter construction; powers reserved
Nothing herein shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the authority or to impair any power thereover of any official or agency of the state and its political subdivisions which may be otherwise provided by law. Nothing contained in this Chapter shall be deemed to authorize the authority to occupy or use any land, trees, buildings, structures, or other property of any kind, owned or used by any political subdivision within its jurisdiction, or any public improvements or facility maintained by such political subdivision for the use of its inhabitants, without first obtaining the consent of the governing body thereof.
Acts 1987, No. 658, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.5. Applicability of antitrust laws

RS 33:4546.5 - Applicability of antitrust laws
All immunity of the state of Louisiana from liability under antitrust law is hereby extended to the authority acting within the scope of the grants of authority contained in this Section and when so acting, the authority shall be presumed to be acting in furtherance of state policy.
Acts 1987, No. 658, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.7. Interim receipts and temporary bonds; mutilated, lost, and destroyed bonds

RS 33:4546.7 - Interim receipts and temporary bonds; mutilated, lost, and destroyed bonds
A. Prior to the preparation of definitive bonds, the authority may issue interim receipts of temporary bonds with or without coupon, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.
B. Should any bond issued under this Chapter become mutilated or be lost or destroyed, the authority may cause a new bond of like date, number and tenor to be executed and delivered in exchange and substitution for, and upon the cancellation of such mutilated bond and its interest coupons, or in lieu of and in substitution for such lost or destroyed bond and its unmatured interest coupons. Such new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond has:
(1) Paid the reasonable expense and charges in connection therewith, and
(2) In the case of a lost or destroyed bond, has filed with the authority or its fiduciary evidence satisfactory to the authority or its fiduciary that such bond was lost or destroyed and that the holder was the owner thereof, and
(3) Has furnished indemnity satisfactory to the authority.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.8. Bonds not debts of state or governmental units

RS 33:4546.8 - Bonds not debts of state or governmental units
Bonds issued under the provisions of this Chapter shall not be deemed to constitute a pledge of the faith and credit of the state or of any governmental unit thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the state nor the faith and credit of any governmental unit of the state are pledged to the payment of the principal of or the interest of such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the political subdivisions to the authority arising out of contracts authorized under this Chapter.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.10. Rates and charges

RS 33:4546.10 - Rates and charges
A. The authority is hereby authorized to fix, charge, and collect rents, rates, fees, and other charges for the services, facilities, and commodities sold, furnished, or supplied by, the authority. Such rates, fees, and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, sufficient at all times:
(1) To pay the cost of maintaining, operating, and repairing the project or projects on account of which such bonds are issued, including reserves for such purposes and for replacement and depreciation and necessary extensions;
(2) To pay the principal and redemption premium, if any, and interest on any revenue bonds of the authority as the same shall become due and to create and maintain reserves therefor;
(3) To comply with the terms of any resolution or trust agreement securing bonds of the authority; and
(4) To pay any and all amounts which the authority may be obligated to pay from said revenues by law or contract.
B. The authority shall charge and collect the rates, fees, and charges so fixed or revised. Rates, rentals, fees, and charges for the sale or purchase of services, facilities and commodities sold, furnished or supplied by, a project may be fixed and revised and charged and collected by the authority under this Chapter without obtaining the approval or consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceeding or the happening of any other condition or thing than those proceedings, conditions or things which are specifically required by this Chapter.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.11. Trust funds

RS 33:4546.11 - Trust funds
Notwithstanding any other provisions of law to the contrary, all monies received pursuant to the authority of this Chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this Chapter. The resolution authorizing the issuance of bonds or the trust agreement securing such bonds may provide that any of such monies may be, temporarily invested and reinvested pending the disbursement thereof in such securities and other investments as shall be provided in such resolution of trust agreement, and shall provide that any officer with whom, or any bank or trust company with which, such monies shall be deposited shall act as trustee of such monies and shall hold and apply the same for the purposes hereof, subject to such regulation as this Chapter and such resolution or trust agreement may provide.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.12. Bondholders remedies

RS 33:4546.12 - Bondholders remedies
Any holder of bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder, or, to the extent permitted by law, under such trust agreement or other contract executed by the authority pursuant to this Chapter, and may enforce and compel the performance of all duties required by this Chapter or by such trust agreement or resolution to be performed by the authority or any political subdivision or any public official, including the fixing, charging, and collecting of rents, rates, fees, and charges for the purchase of natural gas.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.13. Refunding bonds

RS 33:4546.13 - Refunding bonds
A. The authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds then outstanding and issued under the provisions of this Chapter, whether or not such outstanding bonds have matured or are then subject to redemption. The authority is further authorized to provide by resolution for the issuance of a single issue of revenue bonds of the authority for the combined purposes of:
(1) Paying the costs of any project, and
(2) Refunding revenue bonds of the authority which shall theretofore have been issued under the provisions of this Chapter and shall then be outstanding, whether or not such outstanding bonds have matured or are then subject to redemption.
B. The issuance of such bonds, the maturities, and other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties, and obligations of the authority with respect to the same, shall be governed by the foregoing provisions of this Chapter insofar as the same may be applicable.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.14. Status of bonds

RS 33:4546.14 - Status of bonds
Notwithstanding any of the provisions of this Chapter or any recitals in any bonds issued under this Chapter, all such bonds shall be deemed to have all the qualities of registered instruments under the commercial laws of the state, subject only to the provisions of the bonds pertaining to registration.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.15. Bonds as legal investments and lawful security

RS 33:4546.15 - Bonds as legal investments and lawful security
The bonds issued pursuant to this Chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and guardians. Such bonds shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of municipalities, parishes, school districts or other political corporations or subdivisions of the state and such bonds shall be lawful and sufficient security for said deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.
Acts 1988, No. 412, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.16. Bonds exempt from taxation

RS 33:4546.16 - Bonds exempt from taxation
Bonds, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from all taxation by the state or any political subdivision thereof.
Acts 1988, No. 412, §1; Acts 2010, No. 175, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.17. Employees

RS 33:4546.17 - Employees
Employees of the authority shall not be members of the classified state civil service, shall not be eligible for participation in any state employee benefit program, and shall be employed at no cost to the state.
Acts 1989, No. 466, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.19. Sale of natural gas by the authority

RS 33:4546.19 - Sale of natural gas by the authority
The authority may sell, exchange, or otherwise dispose of the natural gas from a project not then required by participating political subdivisions under their contracts with the authority for such consideration and for such period and upon such other terms and conditions as may be determined by the authority, to any person, firm, association, or corporation, public or private.
Acts 1990, No. 666, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4546.21. Construction contracts

RS 33:4546.21 - Construction contracts
A. The authority may contract for the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of a project or may contract with one or more political subdivisions to perform these functions.
B. Whenever such a project includes a pipeline facility that is publicly bid, the authority or the participating political subdivision in which the project will be completed may require, as part of the bidding process, the prequalification of contractors and subcontractors to ensure compliance with the certification requirements of 49 CFR 192.801 et seq., as mandated by the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration or the Louisiana Department of Energy and Natural Resources. Any project subject to prequalification shall otherwise comply with the provisions of R.S. 38:2211 et seq. and any other applicable provisions regarding public procurement or public bidding.
Acts 1990, No. 666, §1; Acts 2021, No. 176, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4547.3. Term; guarantee of energy savings

RS 33:4547.3 - Term; guarantee of energy savings
A. Notwithstanding any other provision of the law to the contrary, any performance-based energy efficiency contract shall be for a period equal to the lesser of twenty years or the average life of the equipment installed by the performance contractor and shall contain a guarantee of energy savings, for at least the term of the bonds sold or financing arrangement of the political subdivision to support the terms of the energy performance contract.
B. When calculating "annual energy cost savings attributable to the services or equipment" installed pursuant to a performance-based energy efficiency contract as defined in R.S. 39:1484(14), maintenance savings shall be included. "Maintenance savings" means operating expenses eliminated and future capital replacement expenditures avoided as a result of new equipment installed or services performed by the performance contractor.
Acts 1988, No. 592, §1; Acts 1992, No. 640, §1; Acts 2006, No. 814, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.1. Short title

RS 33:4548.1 - Short title
This Chapter shall be known and may be cited as the "Louisiana Local Government Environmental Facilities and Community Development Authority Act".
Acts 1991, No. 813, §1; Acts 1997, No. 1151, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.2. Declaration of legislative intent

RS 33:4548.2 - Declaration of legislative intent
A. It is found and declared that there exists a great and growing need in the state for economic development and the upgrade, rehabilitation, repairing, and construction of infrastructure and environmental facilities in the state to maintain a healthful and safe environment for the people of Louisiana.
B. It is the purpose and intent of this Chapter to provide an instrumentality with the authority to provide economic development, infrastructure, and environmental facilities, to assist political subdivisions in constructing, extending, rehabilitating, repairing, and renewing infrastructure and environmental facilities, and to assist in the financing of such needs by political subdivisions of this state.
Acts 1991, No. 813, §1; Acts 1997, No. 1151, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.4. Creation of the authority

RS 33:4548.4 - Creation of the authority
A. There is hereby created a political subdivision of the state known as the "Louisiana Local Government Environmental Facilities and Community Development Authority" composed of one or more participating political subdivisions.
B. The authority hereby created shall be governed by a board of directors, the membership of which shall be appointed as follows:
(1) The governing authority of each political subdivision that desires to become a member of the authority shall adopt a resolution indicating its intention to do so. Each such political subdivision shall thereupon become a participating political subdivision.
(2) The mayor of each municipality which is a participating political subdivision shall appoint one director to the board of directors of the authority, subject to approval by the governing authority of the municipality, and the chief executive officer of each other participating political subdivisions shall appoint one director to the board of directors of the authority, subject to approval by the governing authority of such political subdivisions.
C. Each director shall be appointed for a term of two years from the date his appointment is approved by the governing authority of a participating political subdivision. There shall never be less than three members or directors serving on the board of directors.
D. Members of the board of directors of the authority may be removed for just cause, as defined by the board of directors.
E. A majority of the members shall constitute a quorum for the transaction of official business. All official actions of the authority shall require an affirmative vote of the members present and voting at any meeting.
F. There shall be elected a chairman, vice chairman, secretary-treasurer, and an executive committee of the board of directors to be composed of not less than three nor more than seven directors, including the chairman of the authority who shall be an ex officio member thereof. The board of directors may delegate certain duties and authority to the executive committee as shall be set forth in the bylaws of the authority. The terms of officers and members of the executive committee shall be established by bylaws.
Acts 1991, No. 813, §1; Acts 1997, No. 1151, §1, eff. July 14, 1997; Acts 2003, No. 588, §1, eff. June 27, 2003.
NOTE: See Acts 2003, No. 588, §2, relative to intent and construction of Act.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.7. Statutory pledge

RS 33:4548.7 - Statutory pledge
Any pledge made by the authority shall be valid and binding from time to time when the pledge is made without the need for physical delivery of any pledged property. The money, assets, or revenues of the authority so pledged and thereafter received by the authority shall be immediately subject to the lien of such pledge and shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged by the authority.
Acts 1991, No. 813, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.8. Refunding bonds

RS 33:4548.8 - Refunding bonds
Subject to the rights of the owners of the bonds of the authority, the authority is hereby authorized and empowered to issue from time to time its bonds for the purpose of refunding any bonds of the authority then outstanding, together with the payment of any redemption premiums thereon and interest accrued or to accrue to the date of redemption of such outstanding bonds. All such refunding bonds of the authority shall be issued, sold, or exchanged and delivered, shall be secured, and shall be subject to the provisions of this Chapter in the same manner and to the same extent as any other bonds issued by the authority pursuant to this Chapter, unless otherwise determined by the resolution of the authority. Refunding bonds issued by the authority as herein provided may be sold or exchanged for outstanding bonds of the authority and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or repayment of such outstanding bonds.
Acts 1991, No. 813, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.9. Approval of issuance of bonds by State Bond Commission

RS 33:4548.9 - Approval of issuance of bonds by State Bond Commission
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.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.10. Exemption from taxes

RS 33:4548.10 - Exemption from taxes
It is hereby determined that the creation of the authority and the carrying out of its public functions and corporate purposes is, in all respects, a public and governmental purpose for the benefit of the people of the state, and for the improvement of their health, safety, welfare, prosperity, and security, and that said functions and purposes are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Chapter. The money, assets, revenues, and operations of the authority shall be exempt from all taxation by the state or any political subdivisions. The authority shall not be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf. All obligations authorized to be issued by the authority pursuant to the provisions of this Chapter, together with interest thereof, income therefrom, and gain upon the sale thereof shall be exempt from all state and local taxes.
Acts 1991, No. 813, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4548.11. Bonds not debts of state or governmental units

RS 33:4548.11 - Bonds not debts of state or governmental units
Bonds issued under the provisions of this Chapter shall be deemed to constitute a pledge of the faith and credit of the governmental unit issuing the bonds. All such bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the state nor the faith and credit of any governmental unit of the state are pledged to the payment of the principal of or the interest of such bonds. The issuance of bonds under the provisions of this Chapter shall not directly, indirectly, or contingently obligate the state or any governmental unit of the state to levy any taxes whatever therefor or to make any appropriation for their payment, other than obligations to make payments by the political subdivisions to the authority arising out of contracts authorized under this Chapter.
Acts 1991, No. 813, §1.