Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:475 Taxes and local contributions for payment of interest; setting apart amount necessary
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§475. Taxes and local contributions for payment of interest; setting apart amount necessary For the purpose of paying the interest on the bonds, the board of commissioners of the levee district or levee and drainage district shall annually levy, in an amount sufficient for that p…
La. Rev. Stat. § 38:476 Taxes and local contributions for payment of principal; setting apart sufficient amount
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§476. Taxes and local contributions for payment of principal; setting apart sufficient amount For the purpose of providing for the payment of the principal of the bonds issued under this Subpart as they mature, the levee board or levee and drainage board shall levy in an amount s…
La. Rev. Stat. § 38:477 Extension and collection of taxes when board fails to levy
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§477. Extension and collection of taxes when board fails to levy In case of failure of the board of commissioners of the district to levy the taxes and local contributions as provided for in R.S. 38:475 and 38:476 or in case for any other cause the taxes and local contributions a…
La. Rev. Stat. § 38:478 Provisions for issuance; purposes; security; form of bonds
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§478. Provisions for issuance; purposes; security; form of bonds A. The board of commissioners of the levee district or levee and drainage district shall have power and authority to issue bonds under the provisions of this Subpart for the purpose of constructing levees, drainage,…
La. Rev. Stat. § 38:479 Bondholder's right to enforce levy and collection of tax
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§479. Bondholder's right to enforce levy and collection of tax In case for any cause it becomes necessary to enforce payment of the principal and interest of the improvement bonds, any court of competent jurisdiction, at the joint or separate suit of any holder of bonds of the bo…
La. Rev. Stat. § 38:480 Binding obligation of state
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§480. Binding obligation of state This Subpart and all other statutes authorizing any levee district or levee and drainage district in the state to levy and collect taxes and local contributions or to issue bonds shall not be repealed or modified to the detriment of the bonds aut…
La. Rev. Stat. § 38:481 Enforcement of performance of duties by mandamus
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§481. Enforcement of performance of duties by mandamus The performance of the duties imposed by this Subpart upon the board of commissioners of the levee districts and levee and drainage districts of the state and other officers of this state may be enforced by mandamus at the se…
La. Rev. Stat. § 38:482 §§482 to 490 Repealed by Acts 1985, No
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§482. §§482 to 490 Repealed by Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:491 Authority to borrow money and issue bonds
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§491. Authority to borrow money and issue bonds The levee districts and levee and drainage districts of Louisiana under the terms of any law which may be enacted by the Congress of the United States may borrow money from the United States government to be used for the purpose of …
La. Rev. Stat. § 38:492 Form of bonds
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§492. Form of bonds The form of the bonds and interest coupons attached shall be as prescribed by the attorney general of the state, and each bond shall expressly show that the form thereof has been so prescribed and prepared by the officer whose official signature together with …
La. Rev. Stat. § 38:493 Payment of interest
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§493. Payment of interest For the purpose of paying the interest of the bonds, the levee board or levee and drainage board shall levy annually to an amount sufficient for that purpose the taxes and local contributions which levee boards and levee and drainage boards are authorize…
La. Rev. Stat. § 38:494 Failure to levy taxes and local contributions; extension and collection
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§494. Failure to levy taxes and local contributions; extension and collection In case of the failure of the levee board or levee and drainage board to levy the taxes and local contributions as provided for in R.S. 38:493 or in case from any other cause the taxes and local contrib…
La. Rev. Stat. § 38:495 Mandamus to enforce discharge of duties; injunction prohibited
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§495. Mandamus to enforce discharge of duties; injunction prohibited Should any officer charged with the duty of collecting or disbursing the revenues under the provisions of this Subpart fail, neglect, or refuse to perform the duties devolving on him, the board or any holder of …
La. Rev. Stat. § 38:496 Deposit of bonds with state treasurer; withdrawal
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§496. Deposit of bonds with state treasurer; withdrawal The bonds authorized by R.S. 38:491 shall be deposited with the state treasurer as soon as they have been printed; and before the bonds have been signed by the president of the board and attested by the signature of the secr…
La. Rev. Stat. § 38:497 Binding obligation of state
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§497. Binding obligation of state This Subpart and the laws providing for the creation and government of the levee districts and levee and drainage districts and their authority or power to levy and collect taxes and local contributions and to issue bonds shall not be repealed or…
La. Rev. Stat. § 38:5 Cooperation with federal government in drainage and reclamation projects
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§5. Cooperation with federal government in drainage and reclamation projects The Department of Public Works may also cooperate with the federal government or any federal agency, and may receive and expend grants of money by the federal government or any federal agency for the pur…
La. Rev. Stat. § 38:5.1 Planning assistance to municipal and other planning agencies; federal grants
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§5.1. Planning assistance to municipal and other planning agencies; federal grants A. For the purpose of providing planning assistance to municipal, parish, regional and other planning agencies of the state of Louisiana in the solution of their planning problems, the Department o…
La. Rev. Stat. § 38:501 Authority to fund into bonds or other evidences of indebtedness
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§501. Authority to fund into bonds or other evidences of indebtedness The boards of commissioners of the levee districts and levee and drainage districts of the state may fund into bonds or other evidences of indebtedness the proceeds of taxes in excess of five mills on the dolla…
La. Rev. Stat. § 38:502 Maturity of bonds; interest; certificate of district attorney
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§502. Maturity of bonds; interest; certificate of district attorney A. The bonds issued under the authority of this Subpart shall mature annually upon dates to be determined and fixed by the issuing body, and the total amount of debt incurred or bonds issued shall not exceed in p…
La. Rev. Stat. § 38:503 Ordinances and resolutions to be adopted; redemption prior to maturity
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§503. Ordinances and resolutions to be adopted; redemption prior to maturity A. The levee board or levee and drainage board shall, through their respective governing bodies before the issuance of bonds under this Subpart, and in contemplation of the issuance, in each case, pass a…
La. Rev. Stat. § 38:511 Anticipation of revenues for five years; authority to borrow money and issue certificates of indebtedness
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§511. Anticipation of revenues for five years; authority to borrow money and issue certificates of indebtedness The boards of commissioners of the duly organized levee districts and levee and drainage districts, in their discretion, may anticipate, for five years in advance of th…
La. Rev. Stat. § 38:512 Form of pledge; rights of pledgee
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§512. Form of pledge; rights of pledgee The pledge shall be either by notarial act or by an act under private signature, duly acknowledged. A copy of the act shall be filed with the state treasurer, another copy shall be filed with the state auditor, and a third copy shall be fil…
La. Rev. Stat. § 38:513 Levee districts reorganized, merged into, and consolidated with a parish
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§513. Levee districts reorganized, merged into, and consolidated with a parish A. In addition to any rights, revenues, resources, jurisdiction, powers, authority, and functions granted by applicable provisions of this Chapter, any levee district reorganized, merged, and consolida…
La. Rev. Stat. § 38:514 §§514 to 1480.9 Repealed by Acts 1985, No
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§514. §§514 to 1480.9 Repealed by Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:551 Bunches Bend Protection District
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§551. Bunches Bend Protection District A. Creation. Pursuant to Article VI, Sections 19, 30, and 36 of the Constitution of Louisiana, the Bunches Bend Protection District is hereby created, effective July 15, 2012, as a special district and political subdivision of the state of L…
La. Rev. Stat. § 38:6 Cooperation with drainage districts, levee boards, and political subdivisions
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§6. Cooperation with drainage districts, levee boards, and political subdivisions The Department of Transportation and Development may also cooperate with any drainage or subdrainage district, any gravity drainage or gravity subdrainage district, any levee board, or any political…
La. Rev. Stat. § 38:7 Organization of department
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§7. Organization of department The Department of Public Works shall consist of the position of Director of Public Works and the Board of Public Works, and all divisions which may be established in accordance with this Chapter.
La. Rev. Stat. § 38:8 Head of department
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§8. Head of department The Director of Public Works shall be the head of the department.
La. Rev. Stat. § 38:81 Governor authorized to enter into contracts with federal authorities
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§81. Governor authorized to enter into contracts with federal authorities A. The governor on behalf of the state or any state board, commission, agency, body politic or political subdivision or any section of the state may make and execute with any person, including the secretary…
La. Rev. Stat. § 38:82 Governor authorized to accept lands under federal flood control act
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§82. Governor authorized to accept lands under federal flood control act The governor may accept, for and in behalf of Louisiana, lands from the United States Government, as provided by Sections 3 and 4 of the Flood Control Act passed by the Seventieth Congress and approved on Ma…
La. Rev. Stat. § 38:83 Governor authorized to enter contracts
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§83. Governor authorized to enter contracts The governor may enter into any other contract with the authorized officials and representatives of the United States Government, which may become necessary to make effective in Louisiana the provisions of the Flood Control Act and to s…
La. Rev. Stat. § 38:84 Parishes and municipalities authorized to comply with federal flood insurance act
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§84. Parishes and municipalities authorized to comply with federal flood insurance act A. In order to secure for the citizens of the state of Louisiana the flood insurance coverage provided for by the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., all of the parish…
La. Rev. Stat. § 38:84.1 Required compliance with certain local ordinances relative to flood control
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§84.1. Required compliance with certain local ordinances relative to flood control Each state agency, and each public and quasi-public agency of the state, shall, except with respect to the construction and maintenance of bridges and highways, comply with all ordinances, rules, a…
La. Rev. Stat. § 38:85 Hurricane protection and flood control in Jefferson Parish; design-build
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§85. Hurricane protection and flood control in Jefferson Parish; design-build A.(1) Subject to the provisions of this Section, the governing authority of Jefferson Parish may let contracts for hurricane protection and flood control projects in which the design and construction ph…
La. Rev. Stat. § 38:9 Appointment and qualifications of department head
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§9. Appointment and qualifications of department head The head of the department shall be appointed by the governor with the advice and consent of the senate for a term of four years and until his successor has qualified. The compensation of the director shall be fixed by the gov…
La. Rev. Stat. § 38:90.1 Definitions
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§90.1. Definitions As used in this Chapter, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them as follows: (1) "Authority" means a parish or municipality, or both, authorized by law to perform governmental functions and an…
La. Rev. Stat. § 38:90.10 Preparation of plans and specifications; letting of bids for construction; supervision of construction
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§90.10. Preparation of plans and specifications; letting of bids for construction; supervision of construction A. Sponsoring authorities with a population of fifty thousand persons or more shall be responsible for the preparation of plans and specifications for their respective p…
La. Rev. Stat. § 38:90.11 Inspections; operation and maintenance; file of project plans
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§90.11. Inspections; operation and maintenance; file of project plans A. The office shall approve the engineering and construction plans for the proposed projects that are prepared by consultant engineers for project sponsors. The office may inspect the construction of a project …
La. Rev. Stat. § 38:90.12 Certification of recipient authority; federal matching projects; exceptions; reimbursement for project construction
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§90.12. Certification of recipient authority; federal matching projects; exceptions; reimbursement for project construction A. To receive and distribute any amounts appropriated to implement the provisions of this Chapter, the recipient authority shall certify to the state, with …
La. Rev. Stat. § 38:90.13 System of administration
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§90.13. System of administration Each recipient authority shall adopt a system of administration which shall require approval of the governing authority for any expenditures made out of state and local matching funds and no member of the recipient authority shall expend any funds…
La. Rev. Stat. § 38:90.14 Audit of distribution to recipient authorities
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§90.14. Audit of distribution to recipient authorities The state monies distributed to the recipient authorities and the local matching funds shall be audited by the legislative auditor at least biennially. To the extent that funds available to the legislative auditor permit, the…
La. Rev. Stat. § 38:90.15 Report of any misuse of funds
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§90.15. Report of any misuse of funds Upon audit of the monies expended by any recipient authority for projects in the Statewide Flood Control Program, if the legislative auditor determines that all expenditures have not been made in accordance with this Chapter, he shall promptl…
La. Rev. Stat. § 38:90.16 Misuse of funds; withholding of distribution; notification of district attorney
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§90.16. Misuse of funds; withholding of distribution; notification of district attorney A. If, on the basis of the report of the legislative auditor, or from its own investigation, the Legislative Audit Advisory Council determines that there has been a misuse by a recipient or go…
La. Rev. Stat. § 38:90.17 Municipal drainage authority; rates and service charges; users of drainage system; revenue bonds
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§90.17. Municipal drainage authority; rates and service charges; users of drainage system; revenue bonds A.(1)(a) Any municipal drainage authority may fix the rates and/or service charges to be charged users of the drainage system and collect the same from all persons who use the…
La. Rev. Stat. § 38:90.2 Revision of flood information database by the Floodplain Evaluation and
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§90.2. Revision of flood information database by the Floodplain Evaluation and Management Commission A. Provided that sufficient funds are specifically appropriated to the office, no later than March 1, 2022, and at least once every five years thereafter, the Floodplain Evaluatio…
La. Rev. Stat. § 38:90.3 Limits of projects
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§90.3. Limits of projects The minimum amount the state shall set aside for a single project under the provisions of this Chapter shall be seventy thousand dollars. Added by Acts 1982, No. 351, §1. Acts 1984, No. 519, §1.
La. Rev. Stat. § 38:90.4 Methodology for flood-control project evaluation
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§90.4. Methodology for flood-control project evaluation A.(1) Applications for funding of any flood-control projects under the Statewide Flood Control Program may be submitted by any duly authorized municipal, parish, or other governing authority. Applications shall be made to th…
La. Rev. Stat. § 38:90.4.1 Rural Grant Opportunity Program
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§90.4.1. Rural Grant Opportunity Program A. Applications for funds in the Rural Grant Opportunity Program may be submitted by a rural grant opportunity authority. Applications shall be reviewed in accordance with R.S. 38:90.4(B). B. Funds for the program shall not exceed twenty-f…
La. Rev. Stat. § 38:90.5 Report to Joint Legislative Committee on Transportation, Highways and Public
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§90.5. Report to Joint Legislative Committee on Transportation, Highways and Public Works; recommendation of the Flood Control Project Evaluation Committee; flood protection needs study; incremental funding of rural and urban projects A. The final revision provided for in R.S. 38…
La. Rev. Stat. § 38:90.6 Public hearings; reports; review by legislature
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§90.6. Public hearings; reports; review by legislature Prior to the convening of each regular session of the legislature, beginning with the 1984 regular session, the committee shall hold public hearings in locations convenient to each designated drainage basin for the purpose of…