reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1583. Specifications; advertising for bids

RS 38:1583 - Specifications; advertising for bids
A. The governing authority of such district, after having given notice of its intention as above set forth and after disposing of all objections and having decided to order the construction of such improvements, may, without further delay, have the necessary plans and specifications for said work prepared and may authorize the advertisement for bids therefor, as provided by law. Said notice shall contain a general description of work contemplated, shall refer to plans and specifications which shall be placed on file with the clerk, secretary, or purchasing agent of the governing authority, shall designate the hour, date, and place for the reception and opening of bids, and may provide either that the contractor be required to accept certificates of indebtedness hereafter authorized if the governing authority elects to make such requirement or that they may be sold in such a manner and at such time as the governing authority may elect.
B.(1) Drainage improvements authorized under the provisions of this Part may be combined, constructed, and installed as a part of road or street paving improvements undertaken jointly by the district with a municipality in which the district is located or with the Department of Transportation and Development. Advertisement for bids on such projects shall be in accordance with the requirements of law applicable to road or street paving improvements ordered by any such municipality, the parish, or the Department of Transportation and Development, and it shall not be necessary that the project be advertised as otherwise provided in this Section.
(2) When drainage improvements authorized under the provisions of this Part are included in and constructed as an integral part of a road or street paving project being undertaken by a municipality in which the district is located or by the parish or the Department of Transportation and Development, the lowest responsible bid received for the entire project shall govern, and assessments to be levied as hereinafter provided shall be based upon the total of the unit prices contained in the bid proposal and applicable to the drainage work included in the joint project.
Added by Acts 1983, No. 708, §1; Acts 2006, No. 11, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1584. Awarding contract; resolution authorizing execution of contract

RS 38:1584 - Awarding contract; resolution authorizing execution of contract
A. Except in the case of joint projects undertaken as provided and authorized by R.S. 38:1583(B), the governing authority of the district or its authorized officer or agent shall receive bids on the date and at the place and hour named in the notice calling for bids and shall there publicly open and tabulate the bids. The contract shall thereafter be awarded to the lowest responsible bidder who can furnish satisfactory security. The governing authority 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 work 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.
B. The contract awarded under the provisions of this Part shall be authorized by resolution authorizing an officer of the governing authority to execute the contract for, on behalf of, and in the name of the district. 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 be published in one issue of the official journal of the district, and a certified copy thereof shall be filed with the clerk of court of the parish in which the district is located and shall be by him duly recorded in the mortgage records of the parish.
C. When joint street and drainage projects are undertaken, bids shall be taken and received and the contract for such joint project awarded by the agency carrying out the street or road improvements, all in strict accordance and compliance with the provisions of law applicable to such street or road improvements.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1585. Statement of cost of improvement; definitions

RS 38:1585 - Statement of cost of improvement; definitions
A. Upon the award of any contract under the provisions of this Part, the drainage district shall forthwith require of the engineer of the district a duly certified statement or report showing in detail the total cost of the improvements, including the cost of street intersections, engineer's and attorney's 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 to be benefitted in the proportion that its area bears to the total area to be assessed or in the proportion that its front footage bears to the total front footage to be assessed, as shall be determined by the governing authority. However, when the assessment is made on a front foot basis and any drainage line is constructed upon more than one side of any lot or parcel of real estate, the total front footage of such lot or parcel of real estate to be assessed shall be determined by taking the total front footage of said lot or parcel of real estate abutting all drainage lines to be constructed and dividing such total front footage by two. The report shall further describe each lot or parcel of real estate to be assessed with sufficient clarity to identify it.
B.(1) The words "front footage" as used in this Part shall mean the footage of each lot or parcel of real estate abutting the right of way, street, or drainage way along which the drainage line is constructed.
(2) The words "square footage" shall mean the area of land measured in square feet to be drained by the improvements to be constructed.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1587. Certificates of indebtedness

RS 38:1587 - Certificates of indebtedness
A. The governing authority of any such drainage district complying with the provisions of this Part may issue, execute, negotiate, sell, and deliver negotiable interest-bearing coupon certificates of the district in an amount up to the total amount of the installments or deferred payments as provided in R.S. 38:1586.
B. The certificates shall bear interest not to exceed the legal maximum limit, shall be payable annually, and shall mature serially over a period not exceeding twenty years, but 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.
C. The certificates shall be of such form, date, and denomination and payable in principal and interest at such time and place as the governing authority may determine, and they shall be secured by and payable in principal and interest from the irrevocable pledge and dedication of the funds to be derived from the special assessments hereinabove provided which are payable in annual installments or deferred payments as provided for by this Part, which funds shall be set aside in a separate trust fund and shall not be drawn upon for any purpose other than to pay the principal and interest of the certificates.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1588. Additional assessments

RS 38:1588 - Additional assessments
A. If the local and special assessments originally levied are insufficient, for any cause whatsoever, to pay the principal and interest, or the principal or interest, in any one year of the said drainage certificates outstanding at their respective maturity dates, the drainage district issuing such drainage certificates under the provisions of this Part, through its governing authority, is hereby authorized, empowered, and obligated by ordinance to levy and collect, at such time or times as may be necessary, an additional local or special assessment on each lot or parcel of real estate in the district or area involved sufficient in amount to pay in full the said principal and interest or the principal or interest of such drainage certificates at their respective maturity dates.
B. The amounts assessed in such ordinance or ordinances shall be due and collectible immediately on its passage, and if not paid within thirty days from the date of its adoption, the governing authority of the drainage district 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 attorney's fees.
C. A certified copy of each ordinance providing for the levy and collection of such additional local or special assessment shall be filed with the clerk of court of the parish in which the drainage district is located promptly upon its adoption, who shall forthwith record the same in mortgage records of the parish, and when so filed and recorded shall operate as a lien and privilege against all the real estate therein assessed and shall prime all other liens except taxes and prior recorded local or special assessments levied for streets, sewerage, or water.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1589. Form and registration of certificates

RS 38:1589 - Form and registration of certificates
The said drainage certificates shall be signed by the chairman of the Jefferson Parish Council and by its clerk or secretary for, on behalf of, and in the name of the district and under the seal thereof. The interest coupons, if any, shall be signed with the facsimile signature of the said officers. Before delivery of said certificates, they shall be registered in the mortgage records of the parish in which the drainage district is located as to the serial number or numbers, amount, rate of interest, and the dates due. Each of the said certificates shall bear the following endorsement, viz:
"This certificate registered in the Mortgage Records of the Parish of ________________ on this the ______ day of________________, 1983.
_____________________________
Clerk of Court and Ex-Officio
Recorder of Mortgages, Parish of
_______________________________"
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1590. Sale and delivery of certificates; use of proceeds

RS 38:1590 - Sale and delivery of certificates; use of proceeds
A. The certificates may be advertised for sale on sealed bids as provided by law. The governing authority may reject any and all bids received as a result of the advertisement. If no bids are received or if all bids are rejected, the certificates may be sold by private sale within sixty days after the date advertised for the reception of sealed bids at a price not less than the best bid which shall have been received, or the drainage district may contract to deliver the certificates to the contractor as hereinafter provided at a price not less than the best bid received at the advertised sale.
B. The governing authority of the drainage district issuing the certificates may, by resolution, authorize the chairman of the Jefferson Parish Council and the clerk or secretary to negotiate and deliver the certificates, to collect the purchase price therefor, and to do any and all things necessary and incidental thereto, or may authorize the delivery to the contractor of all or any of the certificates in payment of their contractual obligation covering the improvements.
C. The funds derived from the sale of the certificates shall be expended solely in payment of the costs of the improvements, and shall not be drawn upon for any other purpose.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1591. Certificates as negotiable paper

RS 38:1591 - Certificates as negotiable paper
Drainage certificates issued hereunder shall be deemed to possess all the legal requisites of negotiable paper, shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale, or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value thereof.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1592. Inspection and acceptance of work

RS 38:1592 - Inspection and acceptance of work
The governing authority of any drainage district taking advantage of the provisions of this Part shall, upon the completion of any contract awarded as provided for herein, provide for the final inspection of the work performed thereunder and the improvements made, and, if the work is found to have been completed satisfactorily in accordance with said contract, as evidenced by a certificate of the project engineer, the governing authority shall by ordinance duly adopted approve and accept the work and fulfill its obligations under the contract after compliance with laws relative to the completion of contracts involving public works by full payment therefor of any and all amounts and balances due the said contractor, including all retained percentages of payments previously made thereon on engineer's estimates and which percentages were retained pending completion of the work.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1593. Employment and duties of engineer and attorney

RS 38:1593 - Employment and duties of engineer and attorney
A. Drainage districts taking advantage of the provisions of this Part are hereby authorized through their respective governing authorities to engage the services of an engineer and provide for his payment. The engineer shall prepare all plans and specifications for said work and improvements herein authorized, and the governing authority shall approve such plans and specifications by a proper resolution duly adopted. Such engineer so employed shall inspect the work as let in accordance with contracts hereunder and shall issue to the said contractor his estimates thereon from time to time as the work progresses, which estimates may be paid by the drainage district either in full or by the retention of ten percent thereof as retained percentage. The said engineer 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 submit a certified report to the governing authority of the drainage district as to the satisfactory completion of the work. In addition, the engineer shall perform any and all engineering duties required of him in this Part.
B. The governing authority of the drainage district is also hereby authorized to employ an attorney to handle all legal work in connection with such improvements herein authorized and to provide for the payment of his fee. In addition to his other duties, the attorney shall prepare a complete transcript of the record of the proceedings for each project completed hereunder and shall file the same with the clerk or secretary of the drainage district. This filed transcript shall constitute a permanent record thereof.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1594. Prescriptive period to question validity of proceedings

RS 38:1594 - Prescriptive period to question validity of proceedings
No contest or proceedings to question the validity or legality of any resolutions or ordinances adopted or proceedings undertaken under the provisions of this Part shall be initiated 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 Part is not raised within thirty days from date of publication of the resolution or ordinance issuing said certificates and fixing their terms, the authority to issue said certificates, the legality thereof, and the legality 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 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1595. Participation in payment of costs

RS 38:1595 - Participation in payment of costs
Any drainage district proceeding under the authority of this Part may participate in the payment of the total cost of any project authorized hereunder in such a manner and to such extent that the governing authority of the district may determine, provided that any funds so used by the district 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 district may be allocated to any one or more projects as the governing authority of the district may determine, and the amount of the district's participation shall be deducted from the total cost of the improvements for the purpose of levying local or special assessments hereunder.
Added by Acts 1983, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1595.1. Jefferson Parish; drainage service fees; bonds

RS 38:1595.1 - Jefferson Parish; drainage service fees; bonds
A. The governing authority of the parish of Jefferson and of any drainage district, subdrainage district, and municipality located in the parish of Jefferson, each hereinafter referred to as an "entity", may determine, establish, impose, and collect drainage service fees from the users of the drainage systems to pay the costs of developing, acquiring, designing, constructing, improving, extending, operating and maintaining, and replacing public drainage systems, and to pay debt obligations issued for such purposes by an entity. The drainage service fees shall be equal and uniform for each grade or class of user of the drainage system as determined by the governing authority. Prior to taking any decisive action in connection with such drainage service fees, the governing authority of the entity shall hold at least two public meetings to discuss the drainage service fees. Said drainage service fees shall be collected in the manner and at the times determined by the governing authority. The governing authority shall call an election to obtain the approval of the electors prior to the imposition of drainage service fees.
B. Any entity may incur debt and issue bonds payable from an irrevocable pledge and dedication of the drainage service fees collected within said entity for the purpose of developing, acquiring, constructing, improving, extending, and replacing public drainage systems. Such bonds shall be issued in the name of the entity and shall be limited obligations secured by a pledge of the drainage service fees of the entity. Said bonds shall be issued in the manner provided in R.S. 39:1011 et seq., R.S. 39:1421 et seq., and R.S. 39:1431 et seq. For the purpose of the application of R.S. 39:1421 et seq. and R.S. 39:1431 et seq., any bonds issued shall be considered to be revenue bonds.
C. This Section shall be liberally construed to the end that the authority herein granted shall enable the implementation of drainage programs for the benefit and preservation of the lives, health, and property of the citizens of Jefferson Parish.
Acts 1990, No. 24, §1, eff. June 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.1. Creation of district; governing authority

RS 38:1596.1 - Creation of district; governing authority
A. There is hereby created a drainage district in Ouachita Parish to be known as the River Oaks Drainage District No. 1. The boundaries of the district are as follows:
"A certain tract of land containing 450 acres, more or less, and situated in Sections 35 and 68, Township 18 North, Range 3 East and Sections 50 and 80, Township 18 North, Range 4 East, Ouachita Parish, Louisiana, more particularly described as follows:
An irregular shaped parcel of land being bounded on the west by the easterly toe of the Ouachita River levee; bounded on the north by the southerly high bank of Chauvin Bayou; bounded on the east by the east line of Section 50, T18N-R4E; and bounded on the south by the north line of the present Monroe City Limits, as of March 1, 1985.
LESS AND EXCEPT
A certain tract or parcel of land containing 7.25 acres, more or less, and situated in Section 68, Township 18 North, Range 3 East, Ouachita Parish, Louisiana, more particularly described as follows:
Commence at the most southwesterly point of River Oaks Subdivision Unit 10 and run thence in a westerly direction, along the north line of River Oaks Subdivision Unit 9, a distance of 220.00 feet, more or less, to a point 220.00 feet west of, as measured perpendicular to, the west line of River Oaks Subdivision Unit 10; thence run in a northerly direction, parallel to said west line of River Oaks Subdivision Unit 10, a distance of 1435.81 feet; thence run in an easterly direction, parallel to said north line of River Oaks Subdivision Unit 9, a distance of 220.00 feet, more or less, to the west line of said River Oaks Subdivision Unit 10; thence run in a southerly direction, along the west line of said River Oaks Subdivision Unit 10, a distance of 1435.81 feet, more or less, back to the POINT OF BEGINNING.
AND
A certain tract of land containing 205 acres, more or less, and situated in Section 35, Township 18 North, Range 3 East, and Section 51, and 80, Township 18 in North, Range 4 East, Ouachita Parish, Louisiana, more particularly described as follows:
An irregular shaped parcel of land being bounded on the west by the easterly toe of the Ouachita River levee; bounded on the north and east by the north and east line of Section 50, T18N-R4E; and bounded on the south by the northerly high bank of Chauvin Bayou."
B. The Ouachita Parish governing authority shall be the governing authority for the district.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.2. Powers and duties

RS 38:1596.2 - Powers and duties
A. The governing authority of the drainage district may establish, acquire, construct, improve, extend, and maintain a drainage system or systems, including such drainage facilities as may be required, with all necessary equipment and installations in connection therewith, including such extensions as may be proper to connect the system or systems with any other drainage facilities whether within or without the district.
B. The governing authority may levy and collect local or special assessments on real property to be benefited within the district or the area served within the district sufficient in amount to defray the total cost of the work.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.3. Notice of intention to establish system; objections

RS 38:1596.3 - Notice of intention to establish system; objections
A. Prior to taking action, the governing authority shall adopt a resolution giving notice of its intention to establish, acquire, construct, improve, extend, and maintain such drainage system or systems and other improvements herein authorized. The notice shall generally include the improvements contemplated, the area or areas which are to be improved or drained, and the manner of payment therefor. The notice shall further contain substantially all things set forth in the resolution and shall state that the governing authority will, in open session on the date and at the time and place named, hear all objections to the proposed improvements and the manner of payment therefor. Such notice of intention shall be forwarded to each affected property owner of record by United States mail at least twenty days prior to the date of the public hearing. The governing authority shall cause to be executed an affidavit attesting to the fact that such notice has been mailed to each affected property owner of record, which affidavit shall serve as a proof of mailing.
B. After hearing and passing on the objections, the governing authority may order the proposed improvements constructed in the manner hereinafter provided. However, the governing authority shall not order the construction of the proposed improvements if there is filed at the public hearing written objections to the proposed improvements signed by the property owners owning more than one-half of the total front feet of property which will be assessed to pay the cost of the improvements, if the assessments are to be on a front foot basis, or signed by the property owners owning more than one-half of the total square footage of property which will be assessed to pay the cost of such improvements, if the assessments are to be on a square foot basis. Such majority shall be determined after considering the front footage or square footage of all properties to be assessed and the owners of such portion shall be determined by the conveyance records of the parish.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.4. Specifications; advertising for bids

RS 38:1596.4 - Specifications; advertising for bids
A. The governing authority of the district, after having given notice of its intention as above set forth and after disposing of all objections and having decided to order the construction of such improvements, may have the necessary plans and specifications for the work prepared and may authorize the advertisement for bids therefor.
B. The advertisements for bids and the awarding of the contract shall be conducted as provided in R.S. 38:2211, et seq.
C. The plans and specifications may provide either that the contractor be required to accept certificates of indebtedness hereafter authorized if the governing authority elects to make such requirement or that they may be sold in such a manner and at such time as the governing authority may elect.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.5. Statement of cost of improvement; definitions

RS 38:1596.5 - Statement of cost of improvement; definitions
A. Upon the award of any contract under the provisions of this Part, the engineer of the district shall prepare a certified statement or report showing in detail the total cost of the improvements, including the cost of street intersections, engineer's and attorney's fees, and all other expenses incidental to the cost. The report shall describe each lot or parcel of real estate to be assessed with sufficient clarity to identify it and shall show the amount of the cost chargeable to each lot or parcel to be benefited in the proportion that its area bears to the total area to be assessed or in the proportion that its front footage bears to the total front footage to be assessed, as shall be determined by the governing authority. When the assessment is made on a front foot basis and any drainage line is constructed upon more than one side of any lot or parcel of real estate, the total front footage of such lot or parcel of real estate to be assessed shall be determined by taking the total front footage of said lot or parcel of real estate abutting all drainage lines to be constructed and dividing such total front footage by two.
B.(1) The words "front footage" as used in this Part shall mean the footage of each lot or parcel of real estate abutting the right of way, street, or drainage way along which the drainage line is constructed.
(2) The words "square footage" shall mean the area of land measured in square feet to be drained by the improvements to be constructed.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.7. Certificates of indebtedness

RS 38:1596.7 - Certificates of indebtedness
A. The governing authority of the district may issue, execute, negotiate, sell, and deliver negotiable interest-bearing coupon certificates of the district in an amount up to the total amount of the installments or deferred payments as provided in R.S. 38:1596.6.
B. The certificates shall bear interest not to exceed the legal maximum limit, shall be payable annually, and shall mature serially over a period not exceeding fifteen years, but 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.
C. The certificates shall be of such form, date, and denomination and payable in principal and interest at such time and place as the governing authority may determine, and they shall be secured by and payable in principal and interest from the irrevocable pledge and dedication of the funds to be derived from the special assessments hereinabove provided which are payable in annual installments or deferred payments as provided for by this Part, which funds shall be set aside in a separate trust fund and shall not be drawn upon for any purpose other than to pay the principal and interest of the certificates.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.8. Additional assessments

RS 38:1596.8 - Additional assessments
A. If the local and special assessments originally levied are insufficient in any one year to pay the principal and/or interest of the drainage certificates outstanding at their respective maturity dates, the governing authority may levy and collect, at such time or times as may be necessary, an additional local or special assessment on each lot or parcel of real estate in the district or area involved sufficient in amount to pay in full the principal and/or interest of such drainage certificates at their respective maturity dates.
B. The amounts assessed in such ordinance shall be due and collectible immediately on its passage and if not paid within thirty days from the date of its adoption the governing authority 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 attorney's fees.
C. A certified copy of each ordinance providing for the levy and collection of such additional local or special assessment shall be filed with the clerk of court of Ouachita Parish promptly upon its adoption, who shall record the same in 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 and shall prime all other liens and privileges except taxes and prior recorded local or special assessments levied for streets, sewerage, or water.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.9. Form and registration of certificates

RS 38:1596.9 - Form and registration of certificates
The drainage certificates shall be signed by the president of the governing authority and by its clerk or secretary for, on behalf of, and in the name of the district and under the seal thereof. The interest coupons, if any, shall be signed with the facsimile signature of the officers. Before delivery of the certificates, they shall be registered in the mortgage records of Ouachita Parish as to the serial number or numbers, amount, rate of interest, and the dates due. Each of the certificates shall bear the following endorsement, viz:
"This certificate registered in the Mortgage Records of the Parish of Ouachita on this the _______ day of _________________, 19__.
____________________________
Clerk of Court and Ex-Officio
Recorder of Mortgages, Parish
of Ouachita"
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.10. Sale and delivery of certificates; use of proceeds

RS 38:1596.10 - Sale and delivery of certificates; use of proceeds
A. The certificates may be advertised for sale on sealed bids as provided by law. The governing authority may reject any and all bids received as a result of the advertisement. If no bids are received or if all bids are rejected, the certificates may be sold by private sale within sixty days after the date advertised for the reception of sealed bids at a price not less than the best bid which shall have been received, or the drainage district may contract to deliver the certificates to the contractor as hereinafter provided at a price not less than the best bid received at the advertised sale.
B. The funds derived from the sale of the certificates shall be expended solely in payment of the costs of improvements and shall not be drawn upon for any other purpose.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.11. Certificates as negotiable paper

RS 38:1596.11 - Certificates as negotiable paper
Drainage certificates issued hereunder shall be deemed to possess all the legal requisites of negotiable paper, shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale, or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value thereof.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.12. Inspection and acceptance of work

RS 38:1596.12 - Inspection and acceptance of work
The governing authority shall 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 project engineer, the governing authority shall by ordinance approve and accept the work and fulfill its obligations under the contract after compliance with laws relative to the completion of contracts involving public works by full payment therefor of any and all amounts and balances due the contractor, including all retained percentages of payments previously made thereon on engineer's estimates and which percentages were retained pending completion of the work.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.13. Employment and duties of engineer and attorney

RS 38:1596.13 - Employment and duties of engineer and attorney
A. The district may engage the services of an engineer and provide for his payment. The engineer shall prepare all plans and specification for the work and improvements herein authorized and the governing authority shall approve such plans and specifications by resolution. The engineer so employed 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 drainage district either in full or by the retention of ten percent thereof as retained percentage. The engineer 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 completion of the work, the engineer shall submit a certified report to the governing authority of the drainage district as to the satisfactory completion of the work. In addition, the engineer shall perform any and all engineering duties required of him in this Part.
B. The district may employ an attorney to handle all legal work in connection with such improvements herein authorized and provide for the payment of his fee. In addition to his other duties, the attorney shall prepare a complete transcript of the record of the proceedings for each project completed hereunder and shall file the same with the clerk or secretary of the drainage district. This filed transcript shall constitute a permanent record thereof.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1596.14. Prescriptive period to question validity of proceedings

RS 38:1596.14 - Prescriptive period to question validity of proceedings
No contest or proceedings to question the validity or legality of any resolutions or ordinances adopted or proceedings undertaken under the provisions of this Part shall be initiated 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 Part is not raised within thirty days from date of publication of the resolution or ordinance issuing the certificates and fixing their terms, the authority to issue the certificates, the legality thereof, and the legality 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.
Acts 1985, No. 979, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1601. Definitions; representation

RS 38:1601 - Definitions; representation
A. As used in this Chapter, unless the context clearly indicates otherwise, the term "police jury" means the governing authority of the various parishes.
B. As used in this Part, the following words have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) "Assessed benefits" means the increased value accruing to lands and other property by reason of the improvements set out in the plan for reclamation.
(2) "Owner" means the owner of record, and it shall not include usufructuaries, lessees, mortgagees, or trustees, who shall be considered as represented by the record owner for all purposes.
C. In all proceedings and matters had under the provisions of this Part, natural persons may be represented by their agents duly appointed, corporations by their officers or agents duly authorized by their board of directors, estates of deceased and interdicted persons by their legal representatives duly authorized by the court having jurisdiction over the estate, minors by their tutors duly authorized by the court.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1601.1. Applicability of Chapter

RS 38:1601.1 - Applicability of Chapter
The provisions of this Chapter shall not apply to any undrained lands, including marsh, swamp, and overflow lands, located in the parish of Orleans or owned by the city of New Orleans.
Added by Acts 1975, No. 520, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1602. Parishes authorized to create drainage districts

RS 38:1602 - Parishes authorized to create drainage districts
For the purpose of draining and reclaiming the undrained or partially drained marsh, swamp, and overflowed lands in Louisiana that must be leveed and pumped in order to be drained and reclaimed, the various parishes on their own initiative, may create drainage districts embracing all or part of the land in their parishes. All of the land in any drainage district shall be contiguous. No drainage district created under this Part shall contain within its limits less than five landowners, resident or non-resident, and no land shall be included within more than one drainage district.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1603. Creation of districts embracing lands in more than one parish

RS 38:1603 - Creation of districts embracing lands in more than one parish
When it seems desirable in the opinion of the parish governing authorities acting on their own initiative, to create drainage districts composed of contiguous lands situated partly in one parish and partly in one or more adjoining parishes, the drainage district may be created either by joint resolution of the respective governing authorities of the parishes or by an ordinance of the governing authority of one of the parishes approved by the governing authority of the other parish or parishes.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1604. Creation of district on petition of property owners; procedure to be followed

RS 38:1604 - Creation of district on petition of property owners; procedure to be followed
Upon the failure or refusal of any parish to create drainage districts when needed, or on the failure or refusal of any one or more parishes to create drainage districts composed of lands situated partly in each parish, then the parishes shall create a drainage district when petitioned to do so by the property owners owning a majority of the acres of land in the proposed drainage district. The petition shall describe the area to be included in the drainage district and shall designate the name of the district. It shall be signed by the owners of a majority of the acreage to be included in the district, and shall be accompanied by a certificate of the clerk of court and ex-officio recorder of the parish or parishes in which the land is situated certifying to the ownership of the land to be included in the drainage district together with the acreage of each owner, as appears from the records of his office, and if the ownership of any land is unknown, this fact shall also be made to appear by the certificate. The clerks of court and recorders of the parishes shall furnish the certificate.
In creating a drainage district composed of lands situate in more than one parish, upon the petition of landowners, it shall not be necessary to present a petition to the governing authority of each of the parishes, but it shall be sufficient to present the petition to the governing authority of the parish in which the majority of the acreage of the lands in the proposed drainage district is situated, and the drainage district shall then be created by ordinance of the governing authority.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1605. Approval of Department of Public Works; duties of department

RS 38:1605 - Approval of Department of Public Works; duties of department
No drainage district shall be created until the Department of Public Works shall have first approved the formation of the district with respect to the body of land to be included therein, and shall have furnished the police jury a map approved by the Department of Public Works showing the lands which in the opinion of the department should be included in the drainage district. If in the opinion of the Department of Public Works it is necessary to include in the district any high lands for the purpose of reclaiming the body of unreclaimed lands, the inclusion shall not invalidate the creation of the district or any proceeding taken in connection therewith, but the high lands shall be taxed only in the proportion, if any, as they shall be benefited by the reclamation and drainage works constructed in the district. The department of public works shall examine into and report its opinion or findings, and furnish all maps required to be given, made or furnished by it under the provisions of this Part.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1606. Name of district

RS 38:1606 - Name of district
Drainage districts created under this Part shall be known as drainage districts with any other name or number which the parish may designate. When created upon petition, the name suggested in the petition shall be designated by the parish governing authority unless the name conflicts with the name of an existing drainage district. The parish shall then exercise its discretion in designating the name of the drainage district.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1608. Appointment and terms of commissioners

RS 38:1608 - Appointment and terms of commissioners
A.(1) In the ordinance creating a drainage district, the police juries creating the district shall appoint the five commissioners, except in Lafourche Parish where the police jury shall appoint seven commissioners for Lafourche Parish Drainage District No. 1 and in St. Mary Parish where the police jury shall appoint seven commissioners for Wax Lake East Drainage District, who shall constitute the governing authority of the drainage district, and who shall possess the qualifications, as provided in R.S. 38:1607.
(2) The appointments of commissioners by the police jury shall be made upon the recommendations of a majority in number of acres of the landowners of the proposed drainage district, or a majority in numbers of the landowners of the districts. Where the proposed district has more than forty landowners embraced therein, then the appointments shall be made upon the recommendation of twenty-five of the landowners of the district. When there is a contest over the appointment of commissioners, the police jury must and shall give the appointment to those commissioners who are recommended by a majority in number of the landowners in the district.
B. The commissioners shall at their first meeting immediately determine by lot their terms of office, which shall be respectively, one, two, three, four and five years. They shall serve until their successors shall have been appointed and qualified.
C. The police jury or juries creating the drainage district shall thereafter annually at their regular meeting in the month nearest the date of the creation of the drainage district appoint one commissioner for the drainage district in the same manner as the original commissioners were appointed, and the commissioner shall hold office for a term of five years, or until his successor is appointed and qualified. The secretary of the board of commissioners of any drainage district created under this Part shall call to the attention of the police jury or juries the expiration of the term of office of any commissioner of the drainage district.
D. Recommendations of landowners for appointments of commissioners shall be in writing and signed by the landowners making the recommendation.
Amended by Acts 1950, No. 532, §1; Acts 1988, 2nd Ex. Sess., No. 20, §1, eff. Oct. 27, 1988; Acts 1992, No. 714, §1.
{{NOTE: SEE ACTS 1988, 2ND EX. SESS., NO. 20, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:1609. Removal of commissioners; appointment of successors

RS 38:1609 - Removal of commissioners; appointment of successors
Any commissioner of a drainage district may be removed for cause by the police jury appointing the commissioner, upon petition of landowners owning a majority of the acreage in the district. The police jury shall without delay appoint a commissioner to fill the unexpired term of the one so removed, and the appointment shall be made in the manner provided in R.S. 38:1608. Failure or refusal of a commissioner to perform any or all of the duties prescribed by this Part, or his ceasing to possess the qualifications prescribed in R.S. 38:1607, or incompetency, dishonesty, or favoritism on the part of a commissioner, shall be good cause for removal. A commissioner shall always have the right to have the court pass upon the legality of his removal.