reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3403. Advertising for bids; awarding contract; assessment; work done by municipality

RS 33:3403 - Advertising for bids; awarding contract; assessment; work done by municipality
Whenever the governing authority resolves to improve the streets or alleys or any part thereof as herein provided, they shall pass an ordinance or resolution calling for bids for the work notice of which shall be published at least twice, the last insertion appearing not less than ten days prior to the date of the opening of the bids, in a newspaper published in the municipality and shall let the contract to the lowest responsible bidder who can give satisfactory security; provided that the municipality may reject any and all bids. After the contract has been completed the governing authority shall by ordinance or resolution assess all real estate abutting the street or alley, and on railroad tracks as aforesaid or portion thereof to be paved or otherwise improved, apportioning the cost on the basis of the respective frontage of the abutting real estate and on the railroad track in the proportion as set forth in R.S. 33:3402. The ordinance or resolution shall be recorded in the mortgage record of the parish in which the municipality is located not less than thirty days nor more than forty days after the completion and acceptance of the work by the municipality. Instead of letting the contract to the lowest bidder for the paving of a street, alley or portion thereof the municipality may purchase the material and have the work done, in which case the cost of the work when completed, shall be paid for and assessed in the same manner as provided for in R.S. 33:3402.
Amended by Acts 1954, No. 652, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3404. Enforcement of assessments; special privilege; installment payments; notes evidencing deferred payments; transfer to contractor

RS 33:3404 - Enforcement of assessments; special privilege; installment payments; notes evidencing deferred payments; transfer to contractor
The amounts assessed against the real estate and railroad track and roadbed shall be due and collectible within thirty days after the completion of the work and its acceptance by the municipality, and if not paid within thirty days the municipal authorities may proceed by suit against the owners to collect the delinquent assessment. The municipality and its transferees shall have a special privilege on the property assessed to secure the payment of the sum assessed against it with eight per cent per annum interest thereon from the date due until paid. The governing authority, instead of enforcing the assessment within the time fixed, may, upon the written application by the property owner and payment by him of twenty per cent of the amount due, extend the payment of the balance of the indebtedness to make it payable in four equal annual installments. As an evidence of such deferred payments, the property owner shall sign and execute four promissory notes payable to the order of the municipality, each for twenty per cent of the amount due by him, dated thirty days after the passage of the ordinance accepting the work, maturing respectively one, two, three, and four years from date, or sooner, at the option of the owner of the property, bearing a maximum rate of eight per cent yearly interest from date until paid and ten per cent additional as attorney's fees if placed in the hands of an attorney for collection after maturity, which notes, when paraphed by the clerk or secretary as being secured by the assessment covering the work, shall carry with them the lien and privilege above provided, and may be transferred by the municipality, without recourse, to the contractor at their face value in payment pro tanto for the work done by him, carrying with them the lien and privilege above provided.
Amended Acts 1954, No. 653, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3421. Petition for street improvement

RS 33:3421 - Petition for street improvement
Upon the written petition of the property owners of not less than sixty per cent of the lineal frontage of real estate abutting on any street or alley, or portion thereof to be improved, or any two or more connecting streets or alleys, or portions thereof, located in a commercial district, which may be included in and considered as a single unit for improvement under the provisions of this Sub-part, municipalities having a population exceeding one thousand and less than two hundred thousand, or any incorporated parish seat, may pave, gravel, macadamize, resurface, repair, or improve the streets and alleys, or any part thereof, one block or more in length within the corporate limits of the municipality, and may levy and collect special taxes or local contributions on the property abutting the improvement, for the purpose of defraying the entire cost of the improvement. Notice of the filing of a petition for an improvement under the provisions of this Sub-part shall be given by the clerk or engineer of the municipality by publication in the official journal, or by publication in any other newspaper published in the municipality if there be no official journal, or by posting in five conspicuous places if there be no newspaper published in the municipality, and after thirty days from the date of publication or posting all persons shall be barred from contesting the validity or sufficiency of the petition for improvement or interfering with the progress of the improvement as herein provided.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3422. Abutting owners' liability; liability of owner of railway track in street

RS 33:3422 - Abutting owners' liability; liability of owner of railway track in street
The entire cost of the improvement shall be paid by the owners of real estate abutting thereon, according to the frontage of the property owned by them. If parts of streets or alleys included in a single improvement are of greater or lesser width than other parts, the amount to be paid by abutting property owners shall be proportioned to the varying width. Where a railroad bed or track occupies a portion of a street or alley so improved, the owner of the railway shall pay the entire cost of the improvement of the space occupied by the roadbed, including the extra work made necessary by the presence of the track. In the event the railroad bed or track is owned by the municipality, it shall pay only for the extra work made necessary by the presence of the track.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3423. Specifications; advertising for bids; awarding contract

RS 33:3423 - Specifications; advertising for bids; awarding contract
Whenever the governing authority of the municipality resolves to make any improvement authorized by this Sub-part, it shall prepare plans and specifications of the work to be placed on file in the office of the municipal clerk or engineer, and shall adopt an ordinance ordering and describing in general terms the contemplated improvement and authorizing the clerk or secretary to advertise for bids therefor. The advertisement shall be inserted at least twice in some newspaper published in the municipality, the first insertion to be not less than ten days prior to the date fixed for the reception of the bids, and it shall contain a general description of the contemplated work and shall designate the hour, date, and place for the reception and opening of the bids. The governing authority shall let the contract to the lowest responsible bidder who can furnish satisfactory security, but may reject any and all bids, in which case the municipality may purchase the material and have the work done, the cost of the work when completed to be assessed and paid for as provided in this Subpart.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3424. Acceptance of work; assessment of abutting property; assessment lien

RS 33:3424 - Acceptance of work; assessment of abutting property; assessment lien
Upon the final and satisfactory completion of the work, the governing authority shall accept it by ordinance, and provide for the assessment of all abutting real estate and railroad tracks and roadbeds in the amount due by the owner thereof, according to the rules of an apportionment stipulated in this Sub-part. A certified copy of the ordinance containing the assessment shall, within thirty days after its passage, be filed for record in the office of the recorder of mortgages in the parish in which the assessed property is located, and, when filed and recorded, shall operate as a lien and privilege in favor of the municipality or its transferees, against the real estate and railroad tracks therein assessed.
Amended by Acts 1954, No. 654, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3425. Enforcement of assessments

RS 33:3425 - Enforcement of assessments
The amounts assessed in the ordinance shall be due and eligible immediately upon its passage, and if not paid within thirty days thereafter the municipality, or its transferees, shall have the power to proceed by suit against the assessed properties and the owners thereof, to enforce collection of the amounts of the assessments together with six per cent per annum interest from date of acceptance, and ten per cent of the amount of the judgment as attorney's fees.
Amended by Acts 1954, No. 655, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3426. Installment payments; notes evidencing deferred payments

RS 33:3426 - Installment payments; notes evidencing deferred payments
The governing authority of the municipality may provide in the ordinance accepting the work and making the assessment that the property owners availing themselves of the privilege within thirty days after the passage of the ordinance, may pay in cash twenty per cent of the amount of their indebtedness, and pay the balance in four equal annual installments. As evidence of the deferred payments the property owners shall execute four promissory notes payable to the order of the municipality, each for twenty per cent of the amount due by him, dated thirty days after the passage of the ordinance accepting the work, maturing respectively, one, two, three and four years from date, or sooner at the option of the owner, bearing a maximum rate of six per cent yearly interest from date and ten per cent attorney's fees if placed in the hands of an attorney for collection after maturity, which notes, when paraphed by the city clerk or secretary to identify them with the ordinance levying the assessment, shall carry with them in the possession of any owner the lien and privilege above provided.
Amended by Acts 1954, No. 656, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3427. Transfer of assessments and notes to contractor

RS 33:3427 - Transfer of assessments and notes to contractor
The assessments and the notes executed by the property owners may be transferred by the municipality, without recourse, to the contractor at their face value, and the contractor, or his transferees, shall enjoy the lien and privilege and all other rights provided in this Sub-part.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3428. Proceedings against railroad or street railway

RS 33:3428 - Proceedings against railroad or street railway
The municipality may proceed by ordering suit against any railroad company or street railway company for its proportionate share of the cost of the improvement and may recover a personal judgment against the railroad company or street railway company. Any of the property of the railroad company or street railway company shall be subject to seizure and sale for any judgment so obtained.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3429. Contribution by municipality

RS 33:3429 - Contribution by municipality
The governing authorities may contribute or appropriate out of any available funds a portion not exceeding one-third of the cost of any improvement undertaken under the provisions of this Sub-part, in which event the balance of the entire cost shall be assessed against and borne by abutting property owners in the manner hereinbefore indicated.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3451. Municipalities of more than twenty-five hundred population authorized to make special improvements

RS 33:3451 - Municipalities of more than twenty-five hundred population authorized to make special improvements
Municipalities may, upon the petition of property owners as herein set forth, provide by ordinance for any special improvements to any street, sidewalk and neutral ground, and/or to any portion thereof, including but not limited to, the planting of trees along the streets, sidewalks, and neutral grounds, the beautifying of streets, sidewalks and neutral grounds, the building of a mall out of the streets, sidewalks and neutral grounds, the installation of walkways, decorative sidewalks, fountains, shelters, rest areas, planters, the planting of trees, flowers and shrubbery, street lighting, the closing of streets or portions thereof, the closing of canals or open ditches and the construction and improvement of off-street parking facilities.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon. Amended by Acts 1972, No. 143, §2; Acts 1972, No. 192, §2; Acts 1974, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3453. Bids; award of contract; resolution authorizing execution of contract

RS 33:3453 - Bids; award of contract; resolution authorizing execution of contract
The governing authority shall meet in open session on the date and at the place and hour named in the notice calling for sealed bids for the construction of the improvement or improvements, and open the bids and award the contract to the lowest responsible bidder who can furnish satisfactory security. They may, however, reject any and all bids, and at any time, within a period of thirty days from the date of the reception and opening of the bids, award the contract for the works without further advertisement, provided that no contract shall be let for an amount greater than that specified in the lowest sealed bid received from a responsible bidder. Any contract awarded under the provisions of this Sub-Part shall be authorized by resolution empowering the authorized officer of the municipality, and the clerk or secretary to execute the contract, on behalf of, and in the name of the municipality. It shall not be necessary to set forth the contract in full in the resolution, but it shall be sufficient if the resolution refers to a copy of the contract on file in the office of the clerk or secretary, where it is available for public inspection. The resolution shall contain the names of the streets, sidewalks and neutral grounds, or portions thereof, on which the improvement or improvements are requested, the character of the improvement or improvements, the name of the lowest bidder, and the price bid, and the resolution shall be published in one issue of the official journal of the municipality and a certified copy thereof shall be filed with the clerk of court of the parish in which the municipality is located and shall be by him duly recorded in the mortgage records of the parish without expense to the municipality. Where the work is undertaken by the municipality, the bids received for materials, equipment and supplies shall be opened and awarded or rejected as hereinabove provided.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3454. Report of engineer

RS 33:3454 - Report of engineer
The municipality, upon award of any contract under the provisions of this Sub-Part may, and upon completion of such work, whether under contract or undertaken by the municipality, shall forthwith require of the engineer of the municipality a duly certified statement or report, showing in detail, the total cost of the improvement or improvements, including street intersections, engineers and attorneys fees, and all other expenses incidental to the cost. The report shall also show the amount of the cost chargeable to each lot or parcel of real estate abutting the improvement or improvements in the proportion that its frontage bears to all of the abutting lots or parcels of real estate to be improved, and shall give a brief description of each parcel or lot of real estate with sufficient clearness to identify it; and the foregoing provisions shall affect and include lots or parcels of real estate located outside of the municipality abutting a street inside such municipality which has been or may be improved under the provisions of this Sub-Part.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3456. Issuance of interest-bearing coupon certificates

RS 33:3456 - Issuance of interest-bearing coupon certificates
Municipalities complying with the provisions of this Sub-Part may issue, execute, negotiate, sell and deliver negotiable interest-bearing coupon certificates of the municipality in an amount not exceeding the total amount of the installments or deferred payments as provided for hereinabove, the certificates to bear interest not exceeding six per centum per annum payable annually and maturing serially over a period not exceeding ten years. In no event shall the certificates extend over a longer period of time than that provided for by the ordinance levying the local or special assessments which may be payable in annual installments. The certificates shall be of such form, date, denomination, and payable in principal and interest at such time and place as the governing authority may determine; the certificates shall be secured by and paid from, in principal and interest, the irrevocable pledge and dedication of the funds derived from the levy and collection of the special assessments on the real property abutting the improvement or improvements, and shall be payable in annual installments or deferred payments as provided for by this Sub-Part, which funds shall be set aside in a separate fund and shall not be drawn upon for any other purpose than to pay the principal and interest of the certificates.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3457. Additional assessments authorized

RS 33:3457 - Additional assessments authorized
In the event the local and special assessments originally levied are insufficient to pay the principal or interest or both in any one year, of the certificates outstanding at their respective maturity dates, then the municipality issuing the certificates, through its governing authority, shall levy and collect, at such time as may be necessary, an additional local or special assessment on each lot or parcel of real estate abutting the streets, sidewalks, or neutral grounds, or any portion thereof, improved, sufficient in amount to pay in full the principal or interest or both of the certificates at their respective maturity dates. The amounts assessed in the ordinance shall be due and collectible immediately on its passage, and if not paid within thirty days from the date of its adoption, the municipality shall proceed against the property for the collection of the amount of the additional local or special assessment so levied, plus interest thereon and ten percent additional for attorneys fees. A certified copy of each ordinance providing for the levy and collection of the additional local or special assessment shall be filed with the clerk of court of the parish in which the municipality is located promptly upon its adoption, who shall forthwith record the same in the mortgage records of the parish and when so filed and recorded the ordinance shall operate as a lien and privilege against all the real estate therein assessed.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3458. Registration of coupon certificates; requirements

RS 33:3458 - Registration of coupon certificates; requirements
The certificates shall be signed by the chief executive officer of the municipality and by its clerk or secretary, on behalf of and in the name of the municipality and under the seal thereof. The interest coupons shall be signed with the facsimile signature of the said officers, and before delivery, shall be registered in the mortgage records of the parish in which the municipality is located as to the serial number, or numbers, amount, rate of interest, dates due, and streets, sidewalks or neutral grounds, or any portion thereof improved. Each of the certificates shall bear the following endorsement:
"This certificate registered in the Mortgage Records of the Parish of ______________ on this the _____ day of ___________, 20___.
________________________________
Clerk of Court and Ex Officio
Recorder of Mortgages,
Parish of ______________."
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3459. Sale and delivery of certificates

RS 33:3459 - Sale and delivery of certificates
The governing authority of the municipality issuing the certificates, may, by resolution, authorize the chief executive officer, and the clerk or secretary, to negotiate and deliver the Local Improvement Certificates of the City of __________, Louisiana, and collect the purchase price therefor, and do any and all things necessary and incidental thereto, or authorize delivery to the contractor of all or any of the certificates in payment of their contractual obligation covering the improvement or improvements. The funds derived from the sale of the said certificates shall be expended solely in payment of the costs of the improvement or improvements, and shall not be drawn upon for any other purpose.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3460. Negotiability, validity and incontestability of coupon certificates

RS 33:3460 - Negotiability, validity and incontestability of coupon certificates
Certificates issued hereunder shall have all the requisites of negotiable paper, and shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3461. Final inspection; payment of contractor

RS 33:3461 - Final inspection; payment of contractor
The governing authority of any municipality taking advantage of the provisions of this Sub-Part, shall, upon the completion of any contract awarded as provided for herein, provide for the final inspection of the work performed, and the improvements made, and if the work is found to have been completed satisfactorily in accordance with the contract, as evidenced by a certificate of the engineer for the municipality, the governing authority shall, by ordinance, approve and accept the work and fulfill their obligations under the contract by full payment of all amounts due the contractor, including all retained percentages of payments previously made thereon on engineer's estimates, which percentages were retained pending the completion of the work.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3462. Employment of engineer and counsel; duties

RS 33:3462 - Employment of engineer and counsel; duties
Municipalities which take advantage of the provisions of this Sub-Part may through their governing authorities, engage the services of an engineer and provide for his payment. This engineer shall prepare all plans and specifications for the work, and the governing authority shall approve them by a resolution. The engineer shall inspect the work as let in accordance with contracts hereunder and shall issue to the contractor, his estimates thereon from time to time as the work progresses, which estimates may be paid by the municipality either in full or by the retention of twenty percent thereof as retained percentage; provided that where the work is undertaken by the municipality the engineer so employed shall inspect the work as it progresses and shall be responsible for the performance and completion thereof in accordance with the plans and specifications. Upon final completion of the work, the engineer shall render a report to the governing authority of the municipality as to the completion of the work in a satisfactory manner, which report shall be duly certified, and in addition, the engineer shall perform all engineering duties required of him in this Sub-Part. The governing authority of the municipality may employ an attorney to handle all legal work in connection with the improvements, and provide for the payment of his fee. The attorney, in addition to his other duties, shall prepare a complete transcript of the record of the proceedings covering each project completed hereunder and shall file the same with the clerk or secretary of the municipality. This filed transcript shall constitute a permanent record of the municipality.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3463. Payment by owner of railway bed or track

RS 33:3463 - Payment by owner of railway bed or track
In the event a railway bed or track, other than one owned by the municipality, occupies a portion of a street, sidewalk or neutral ground, the owner of the railway shall pay of the total cost of the improvement or improvements, the proportion that the area occupied by the railroad bears to the total area of the street, sidewalk, or neutral ground, or any portion thereof, to be improved and also the cost of the extra work made necessary by the presence of the track in the street, sidewalk, or neutral ground, or any portion thereof.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3464. Coupon certificates not included in limitation of indebtedness

RS 33:3464 - Coupon certificates not included in limitation of indebtedness
Certificates issued under the provisions of this Sub-Part shall not be included in computing the indebtedness of the municipality for the purpose of determining any constitutional or statutory limitation of indebtedness.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3465. Participation by municipality

RS 33:3465 - Participation by municipality
Any municipality proceeding under the authority of this Sub-Part may participate in the payment of the total costs of such project in the manner and to the extent that the governing authority of the municipality may determine, provided that any funds so used by the municipality shall be in such amounts as it may have available for such purpose and from sources other than the imposition of special assessments. Such participation by the municipality may be allocated to any one or more projects as the governing authority of the municipality may determine.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3466. Time for contesting validity

RS 33:3466 - Time for contesting validity
No contest or proceeding to question the validity or legality of any resolutions or ordinances adopted or proceedings had under the provisions of this Sub-Part shall be begun in any court by any person for any cause whatsoever, after the expiration of thirty days from the date when the resolution, ordinance or proceeding was published, and after such time the regularity of such resolution, ordinance or proceeding shall be conclusively presumed. If the validity of any certificates issued under the provisions of this Sub-Part is not raised within thirty days from the date of publication of the resolution or ordinance issuing said certificates and fixing their terms, the authority to issue the said certificates, the legality thereof and of the local or special assessments necessary to pay the same shall be conclusively presumed, and no court shall thereafter have authority to inquire into such matters.
Added by Acts 1970, No. 21, §1, emerg. eff. June 11, 1970, at 12:00 Noon.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3467. City of Monroe; off-street parking facilities

RS 33:3467 - City of Monroe; off-street parking facilities
A. The city of Monroe may exercise all of the authority granted by this Subpart to municipalities for the purposes authorized by this Subpart and may acquire immovable property to be used for the construction thereon of off-street parking facilities incidental to and in connection with a program of public improvement for the downtown Monroe area, and for the purpose of operating such facilities.
B. In the purchase of such property the city may pay prices not to exceed the higher of two appraisals which shall be obtained from two qualified real estate appraisers, except as otherwise ordered by a court in an expropriation suit.
C. If the governing authority of the city and a property owner do not agree on the price for property that the governing authority decides to acquire for parking facilities authorized by Subsection A of this section, the governing authority may acquire such property by expropriation under the general expropriation laws of this state.
D. The compensation for property acquired by the city for parking facilities authorized by this section shall be paid out of the proceeds of assessments levied against property owners under the provisions of this Subpart or be paid with certificates issued by the municipality of the type authorized by this Subpart or be paid out of the proceeds derived from the sale of such certificates. The city may further participate in the payment of the costs of such parking facility projects as provided by R.S. 33:3465.
E. The costs of operation of parking facilities authorized by this section, to the extent that such costs exceed revenues derived by the city from the operation thereof, may also be included in assessments which may be made against abutting property as provided in this Subpart and such costs may be paid out of the proceeds of such assessments or be paid with certificates issued by the municipality of the type authorized by this Subpart or be paid out of the proceeds from the sale of such certificates.
Added by Acts 1973, No. 96, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3491. Cities of 100,000 authorized to make special improvements

RS 33:3491 - Cities of 100,000 authorized to make special improvements
Municipalities having a population of one hundred thousand or more may upon the petition of property owners as herein set forth provide by ordinance for any special improvements to any street or portion thereof such as planting of trees along the streets and neutral grounds, the beautifying of neutral grounds and sidewalks either by planting or street lighting, and the closing and covering of canals or open ditches.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3492. Petition for improvement; publication; withdrawal and addition of names

RS 33:3492 - Petition for improvement; publication; withdrawal and addition of names
Whenever the owners of sixty percent or more of the real property abutting on any street or portion thereof present a petition to the governing authority requesting a local improvement for the street or portion thereof upon which their properties abut, the governing authority shall have the petition published in English in the official journal of the municipality four times within fifteen days. At any time on or before the tenth day following the last publication of the petition property owners may withdraw their signatures from the petition, and at any time on or before twenty days following the date of last publication, any property owners of abutting property within the limits of the proposed improvements may add their signatures to the petition. The withdrawals and additions shall not necessitate the republication of the petition.
If, at the expiration of the time for withdrawing signatures from the petition or at the expiration of the time for adding signatures, the petition as modified represents not less than sixty per cent of the total property frontage included within the limits of the proposed improvement, the governing authority shall, by ordinance, direct the proportions, plans, and specifications for the improvements petitioned for, call for bids for the work specified, and set a date, hour and place for receiving and opening the bids. The ordinance shall be published at least twice in the official journal of the municipality, the first publication to be not less than ten days prior to the date fixed for the reception of bids. The governing authority shall let the contract to the lowest bidder who can furnish satisfactory security, but may reject all bids, in which case the municipality may purchase the material and have the work done, provided that no material shall be so purchased at a cost higher than that specified in the bid of the lowest private bidder.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3493. Specifications for improved lighting

RS 33:3493 - Specifications for improved lighting
If the improvements consist of street lighting, the specification shall provide for the design of the fixture, the detailed location for the placing of poles or lamps, the method and character of insulation to be used, the kind and character of lamps, and the candle power and wattage of the lamps.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3494. Specifications for planting trees; approval or installation of trees by park commission

RS 33:3494 - Specifications for planting trees; approval or installation of trees by park commission
If the improvement involves the planting of trees, the petition of the property owners shall specify the kind and character of trees, and if there be a park commission in the municipality the park commission shall approve the kind and character of trees to be planted before the governing authority shall receive and act on the petition. The park commission may install the trees provided that the cost to the property owners will be less than the cost of installation under contract bids.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3495. Specifications where machinery is used

RS 33:3495 - Specifications where machinery is used
If the local improvement involves the use of machines, the governing authority shall prepare plans and specifications for the machinery and an estimate of its cost. The municipality may do the work itself if it can purchase the equipment and perform the work at a cost less than that set forth in any private bid.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3496. Tabulation and publication of bids; extra petitions; determining character of improvement

RS 33:3496 - Tabulation and publication of bids; extra petitions; determining character of improvement
After all bids have been received and opened, the governing authority shall tabulate and publish them in the official journal, giving the name of the street on which the improvement is requested, the character of the improvement, the name of the lowest bidder, and the price bid. Should there be more than one petition for the same improvement, only that petition representing the greatest foot frontage of the property affected shall be acted upon. Should the petition of the property owners fail to specify the particular type, design, or plan of the improvement, the governing authority shall determine the detailed specifications of the improvement.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3499. Prescription of actions attacking improvement proceedings

RS 33:3499 - Prescription of actions attacking improvement proceedings
All actions to enjoin or prevent any local improvement provided for in this Sub-part must be instituted in the court of competent jurisdiction prior to the signing of the contract. After the signing of the contract all actions shall be prescribed. These limitations shall not apply to actions instituted by the municipality.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3500. Governing authority to designate other officers to perform functions of commissioner of public finance and commissioner of public property

RS 33:3500 - Governing authority to designate other officers to perform functions of commissioner of public finance and commissioner of public property
The governing authority may designate, by ordinance, any municipal officer to perform the duties required in this Sub-part of the commissioner of public property and the commissioner of public finance when there is no corresponding officer in the municipality.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3522. Notice of intention to make improvements

RS 33:3522 - Notice of intention to make improvements
Any municipality taking advantage of this Sub-part shall adopt a resolution giving notice of its intention to make the proposed improvements, which notice shall contain a general description of the improvements contemplated, the manner of paying for them, and shall state whether the improvements shall be constructed under private contract or undertaken by the municipality. The notice shall be signed by the authorized officer of the municipality, and shall contain substantially all things set forth in the resolution, and shall set forth further that the authority ordering the giving of notice will, in open session, at the date and at the hour and place named, hear all objections to the proposed improvements, the manner of paying for them, and the manner in which the improvements shall be made. After hearing and passing on the objections, the governing authority may order the improvements constructed in the manner hereinafter provided. The notice of intention shall be published once a week for three consecutive weeks, the first publication being not less than fifteen days before the date fixed for the hearing of objections. The notice shall be published in a newspaper published in the municipality, or if there be none, then in some newspaper published in the parish where the municipality is located, or by posting in three public places, within the corporate limits of the municipality, fifteen days before the date of the hearing.
Acts 1952, No. 379, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3523. Notice calling for bids; payment of cost of improvement

RS 33:3523 - Notice calling for bids; payment of cost of improvement
The governing authority, after having given due notice of intention to make the proposed improvements and after disposing of all objections, and having decided to order the construction of the improvements, may, without further delay, have prepared the necessary plans and specifications for the work, and adopt a resolution or ordinance authorizing the advertisements for bids therefor, by giving notice, calling for sealed bids for the construction of the work. The notice shall be signed by an authorized officer of the municipality, and shall be published for three consecutive weeks in a newspaper published in the municipality, or if there be none, publication may be made in any newspaper having a general circulation in the parish where the municipality is located, the first insertion to be not less than fifteen days prior to the reception and opening of the bids. The notice shall contain a general description of the work contemplated, shall refer to the plans and specifications which shall be placed on file with the clerk or secretary of the municipality, and shall designate the hour, date, and place for the reception and opening of the bids, and may provide that the contractor be required to accept certificates of the municipality in payment for the work performed, and may stipulate that the right is reserved to reject any and all bids. Where the municipality has undertaken to construct the improvements, instead of being required to advertise for bids, and award the contract for the construction of the work as prescribed in this Section, the governing authority may advertise in the manner as hereinabove provided, for sealed bids for the purchase of the materials, equipment and supplies necessary for the improvements, with the right to reject any and all bids, and may thereafter, without further advertisement, purchase the materials, equipment and supplies, provided that the prices at which the purchases are made shall not be greater than that specified in the lowest sealed bid received for the materials, equipment and supplies, or any of them. Where no bids have been received, the purchases may be made without further advertisement at market prices. The total cost of the improvement, including labor, materials, equipment, and supplies, together with engineers' and attorneys' fees, and all other expenses incidental to the cost of the improvements shall be assessed and paid in the manner and form provided in this Sub-part, except, that the governing authorities may, if it so elects, pay and defray up to one-third of said total cost of improvements. The balance being assessed to abutting property owners as set forth above.
Acts 1952, No. 379, §3.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3524. Opening of bids; awarding of contract; resolution authorizing execution of contract

RS 33:3524 - Opening of bids; awarding of contract; resolution authorizing execution of contract
The governing authority shall meet in open session on the date and at the place and hour named in the notice calling for sealed bids for the construction of the works, and open the bids and award the contract to the lowest responsible bidder who can furnish satisfactory security. They may, however, reject any and all bids, and at any time within a period of thirty days from the date of the reception and opening of the bids, award the contract for the works without further advertisement, provided, that no contract shall be let for an amount greater than that specified in the lowest sealed bid received from a responsible bidder. Any contract awarded under the provisions of this Sub-part shall be authorized by resolution empowering the authorized officer of the municipality, and the clerk or secretary to execute the contract, on behalf of and in the name of the municipality. A copy of the contract shall be set forth in full in the resolution, and the resolution shall be published in full in one issue of the official journal, and a certified copy of the resolution filed with the clerk of court of the parish in which the municipality is located, and duly recorded in the mortgage records of said parish without expense to the municipality. Where the work is undertaken by the municipality, the bids received for materials, equipment and supplies shall be opened, and awarded or rejected as hereinabove provided.
Acts 1952, No. 379, §4.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3525. Engineer's report

RS 33:3525 - Engineer's report
The municipality, upon the completion of such work when undertaken by the municipality, shall forthwith require of the engineer of the municipality a duly certified statement or report, showing in detail, the cost of the improvements, including street intersections, engineers' and attorneys' fees, and all other expenses incidental to the cost. The report shall also show the amount of the cost chargeable to each lot or parcel of real estate abutting the improvements in proportion that its frontage bears to all of the abutting lots or parcels of real estate to be improved and shall give a brief description of each parcel or lot of real estate with sufficient clearness to identify it.
Acts 1952, No. 379, §5.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:3526. Local or special assessments

RS 33:3526 - Local or special assessments
Upon receipt of the certified statement or report of the engineer as provided for in the preceding Section, the governing authority shall adopt an ordinance levying a local or special assessment on each lot or parcel of real estate abutting the drainage ditch to be improved in proportion that its frontage bears to all the abutting lots or parcels of real estate to be improved in accordance with the contract awarded or in accord with the cost of the improvements, when undertaken by the municipality. The total of all such local or special assessments shall represent the total cost of the improvements, including street intersections, engineers' and attorneys' fees, and all other costs incidental to the work. The amounts assessed in the ordinance shall be due and collectible immediately on its passage, and, if not paid within ten days from the date of the adoption of the ordinance, it will be conclusively presumed that any property owner whose property is affected thereby, exercises the right and option, which is hereby authorized, to pay the amount due in equal annual installments bearing interest at a rate not exceeding six (6%) per cent per annum, payable annually, and extending over a period not exceeding ten years, as provided for in the ordinance levying the local or special assessments. The first installment shall become due on December 31 of the then current year, and annually thereafter. The local or special assessments may be carried on the tax roll of the municipality and collected at the same time as taxes. The failure to pay any installment or the interest thereon when due, shall ipso facto cause all other installments and the interest thereon to become due and payable and the municipality shall within thirty days from date of such default, proceed against the property for the collection of the total amount due thereon, including interest, plus ten (10%) per cent additional on principal and interest unpaid as attorneys' fees. A certified copy of the ordinance, levying the local or special assessments on the real estate shall be filed with the clerk of court in the parish in which the municipality is situated, who shall forthwith record the same in the mortgage records of the parish, and when so filed and recorded, shall operate as a lien and privilege against all real estate therein assessed. The payments made in cash shall be expended for no other purpose than for the payment of the cost of the improvements.
Acts 1952, No. 379, §6.