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Chapter 24 Special Districts

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Chapter 24 Special Districts § 24:2 CHAPTER 24 SPECIAL DISTRICTS Sub-Chapter A -- In General Sub-Chapter B -- Drainage Districts Sub-Chapter C -- Gravity Drainage Districts Sub-Chapter D -- Fire Protection Districts Sub-Chapter E -- Garbage Districts Sub-Chapter F -- Hospital Service Districts Sub-Chapter G -- Industrial Districts Sub-Chapter H -- Irrigation Districts Sub-Chapter I -- Prison Districts Sub-Chapter J -- Recreation Districts Sub-Chapter K -- Road Districts Sub-Chapter L -- Road Lighting Districts Sub-Chapter M -- Sales Tax Districts Sub-Chapter N -- Sewerage Districts Sub-Chapter O -- Waterworks Districts Sub-Chapter P -- Fresh Water Districts Sub-Chapter Q -- Lighting Districts Sub-Chapter A In General SECTION 24:1. SPECIAL DISTRICT BOARDS AND COMMISSIONS; POWER OF POLICE JURY TO ABOLISH AND EXERCISE CONTROLS The governing authority of local governmental subdivision shall have general power over any agency heretofore or hereafter created by it, including, without limitation, the power to abolish the agency and require prior approval of any charge or tax levied or bond issued by the agency. (Section 15, Article VI, Louisiana Constitution, 1974) ____________________ Comment -- As indicated by the source note, the provisions of the above Section and the Section that follows were derived from the new Louisiana Constitution and not from any local ordinance. Because the provisions are self operative and add to the matters of law herein contained, they were included in this Code for the convenience of the user. SECTION 24:2. POWER OF POLICE JURY TO CONSOLIDATE AND MERGE ITSELF INTO ANY SPECIAL DISTRICT; LIMITATIONS AND CONDITIONS; ASSUMPTION OF DEBT A. A local governmental subdivision may consolidate and merge into itself any special district or local public agency, except a school district, situated and having jurisdiction entirely within the boundaries of the local governmental subdivision. Upon the consolidation and merger, the local governmental subdivision shall succeed to and be vested with all of the rights, revenues, resources, jurisdiction, authority, and powers of the special district or local public agency. A consolidation and merger shall become effective only if approved by a majority of the electors Supplement 4 24-1 § 24:2 voting thereon in the local governmental subdivision as a whole and by a majority of the electors voting thereon in the affected special district. A local public agency shall be consolidated and merged only if approved by a majority of the electors voting thereon in an election held for that purpose in the local governmental subdivision in which the agency is located. B. If the special district or local public agency which is consolidated and merged has outstanding indebtedness, the authority provided by this Section shall not be exercised unless provision is made for the assumption of the indebtedness by the governing authority of the local governmental subdivision involved. (Section 16, Article VI, Louisiana Constitution, 1974) ____________________ Comment -- See note following Section 24:1. SECTIONS 24:3 - 24:49. RESERVED [The next page is Sub-Chapter B, “Drainage Districts”, page 24-3.] 24-2 Supplement 4 § 24:50 Sub-Chapter B Drainage Districts* SECTION 24:50. DRAINAGE DISTRICT NO. 5 CREATED; BOUNDARIES; DOMICILE; BOARD OF COMMISSIONERS; POWERS AND DUTIES A. Whereas in the opinion of the Police Jury of the Parish of Assumption it is necessary and conducive to the general welfare of certain property owners of the Parish of Assumption that a drainage district be organized and created comprising certain lands situated in the Parish of Assumption on the right descending bank of Bayou Lafourche, for the purpose of more readily draining the described lands in the Parish. It is, therefore, hereby ordained by the Police Jury that, by virtue of and in pursuant to the power vested in this body by Act No. 12 of 1900 and Act No. 159 of 1902, amending the Act of 1900, all that part of the Parish of Assumption lying on the west bank of Bayou Lafourche, between the lower line of the Enola Plantation of Henry A. Munson and the lower line of the Town of Paincourtville, and the canal dug by the Westfield Planting Company in the rear, shall be embraced in the limits of a drainage district to be known and styled "Drainage District No. 5". B. The Drainage District is hereby constituted a body corporate with all the powers of a corporation; it shall have the power and the right to incur debts and contract obligations, to sue and be sued, to have and to use a corporate seal, and to do and to perform any and all acts in its corporate capacity and in its corporate name necessary and proper for the carrying out the objects and purposes of this section. The domicile of the Drainage District shall be, and the same is hereby fixed, at the Parish of Assumption, at which domicile it shall be sued and service of citation made on the President either in person or at his domicile, whatever it may be as in the case of ordinary suit. C. The Drainage District shall meet as often as it may be necessary, provided at least two (2) meetings shall be had each year. A majority of the commissioners shall constitute a quorum for the transaction of business. D. The Drainage Board of Commissioners shall have the power and it shall be their duty to open all natural drains which they may deem necessary in their district and to perform all work therewith connected which they may deem necessary to make the opening of the natural drains effective. They shall have full power to make contracts for that purpose. E. The Drainage District and commissioners thereof shall have full power to secure rights of way necessary for the cutting of canals or other work for the drainage of their district and to do this, they shall have the power to bring expropriations suits, and expropriate all lands that may be necessary for the purpose of securing such rights of way. F. The incurring of debts, the issuance of bonds and the levying of taxes for the purpose of carrying out the drainage system herein provided for shall be in accordance with Article 281 of the Constitution of 1898 and the Acts of the General Assembly of the State of Louisiana carrying into effect said Article of the Constitution. ____________________ *Comment -- For authority and procedure whereby police juries may create drainage districts, see LRS 38:1601 et seq. For provisions on gravity drainage districts, see Sections 24:100 et seq. of this Code. Supplement 4 24-3 § 24:99 G. The Drainage District hereby created shall be governed and controlled by five (5) commissioners to be known as the Board of Commissioners. These commissioners, or their respective spouses must each be the record owner of real estate in the district of an assessed value of five hundred dollars ($500.00) or they must be the representative of some corporation owning lands in the district of an assessed value of five hundred dollars ($500.00). The representative of a corporation who may be an officer thereof may be designated to represent the corporation by resolution of the board of directors to that effect. Persons possessing the qualifications may be drainage commissioners, whether they be residents or non-residents. A drainage commissioner may hold the position of drainage commissioner in one or more drainage districts and may hold the position in addition to any other office that may be held by him. The holding of the position of drainage commissioner, shall not be considered in contemplation of law as dual office holding. No commissioner, unless he be the secretary-treasurer shall receive compensation for his services in excess of fifteen dollars ($15.00) per day including all actual expenses, while attending to the business of the district. H. At the time and place designated by the Police Jury in the ordinance creating the drainage district, or as soon thereafter as possible, the commissioners appointed in the ordinance shall meet and immediately organize by electing officers. They shall elect from among their number a president and vice-president. The president shall preside over the meetings of the commissioners and perform the duties usually required of presidents of corporate bodies. The vice-president shall perform the duties of the president in case of his absence or disability. 1. The commissioners shall also elect a secretary-treasurer, who need not be a commissioner, who shall perform all duties required of him by the commissioners. 2. The secretary-treasurer shall furnish bond in a sum fixed by the Board of Commissioners, which bond shall not be for less than one-fourth over and above any amount that may come into the possession of the secretary-treasurer, and which shall be increased or diminished accordingly. The premium on the bond shall be paid by the District. The secretary-treasurer shall receive compensation not in excess of two hundred fifty dollars ($250.00), per month, which the board of commissioners may determine. 3. The Board of Commissioners shall adopt a suitable seal, and shall select without the necessity of advertising or receiving bids therefor one or more solvent chartered banks of the state, and other things being equal, a bank or banks situated within the drainage district, in which all funds of the drainage district derived from taxation shall be deposited. The depository shall pay not less than three per centum interest on daily balances. a. Funds for the district shall be withdrawn or paid out only on warrants or checks of the Board of Commissioners signed in the manner provided by the Board of Commissioners. (Ordinance of May 8, 1906, Sections 1, 2, 3, 4, 5, 6, 7, and 8, and; LRS 38:1607 and 36:1611) ____________________ Comment -- The Ordinance of May 8, 1906 was revised to include portions of LRS 38:1607 (Paragraph G) and LRS 38:1611 (Paragraph H).
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