Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:1666 Powers and duties of boards of commissioners of reorganized districts
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§1666. Powers and duties of boards of commissioners of reorganized districts The reorganized drainage district shall then be subject in all respects to the provisions of this Part, and a plan for reclamation may be prepared as is herein provided, except that the board of commissi…
La. Rev. Stat. § 38:1667 Obligations of former district assumed by reorganized districts
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§1667. Obligations of former district assumed by reorganized districts All debts owing to and all property or contract rights, privileges, and immunities held or enjoyed by the old district or districts, or any sub-district thereof under former organization, shall be held and enj…
La. Rev. Stat. § 38:1668 Chief engineer of reorganized district
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§1668. Chief engineer of reorganized district When any existing drainage district or districts have been reorganized, and a board of commissioners has been appointed and qualified, the board shall employ a chief engineer, and thereafter all proceedings relative to the reclamation…
La. Rev. Stat. § 38:1669 Property of pre-existing district transferred; funding and refunding of pre-existing indebtedness
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§1669. Property of pre-existing district transferred; funding and refunding of pre-existing indebtedness The board of commissioners of any reorganized drainage district or on behalf of any sub-district thereof may adopt and put into effect the plan of reclamation and assess benef…
La. Rev. Stat. § 38:1670 Issuance of funding or refunding bonds
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§1670. Issuance of funding or refunding bonds Any drainage district or any sub-district, may for the purpose of readjusting, funding, refunding, extending or unifying any or all of its authorized indebtedness, bonded or otherwise, or both, may issue and sell funding or refunding …
La. Rev. Stat. § 38:1671 Form and terms of bonds; denominations
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§1671. Form and terms of bonds; denominations The board of commissioners of any drainage district mentioned in R.S. 38:1670, when petitioned to that effect by the owners of a majority of the acreage of the lands in the district or sub-district thereof, as the case may be, after a…
La. Rev. Stat. § 38:1672 Sale or exchange of bonds; use of proceeds
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§1672. Sale or exchange of bonds; use of proceeds The bonds may be sold, or exchanged at not less than par and accrued interest with the holders of the outstanding indebtedness in payment thereof. If sold, the funding or refunding bonds shall be sold in the same manner and under …
La. Rev. Stat. § 38:1673 Payment and retirement of bonds
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§1673. Payment and retirement of bonds The funding or refunding bonds shall be payable out of any funds of the district or sub-district, as the case may be, not otherwise dedicated. The board of commissioners may levy, in the manner provided in R.S. 38:1631, taxes up to the full …
La. Rev. Stat. § 38:1674 Waiver of procedural rights; recordation of consent
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§1674. Waiver of procedural rights; recordation of consent Any notice, publication, or delay, provided to be given by this Part, or the right to contest any proceeding taken under the provisions of this Part, may be waived by the written consent of any land owner or other persons…
La. Rev. Stat. § 38:1674.1 Construction of drainage projects; financing
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§1674.1. Construction of drainage projects; financing The board of commissioners is authorized to construct projects for the drainage of lands in the district by the construction, improvement, extension, renewal and/or replacement of drainage facilities, including canals, ditches…
La. Rev. Stat. § 38:1674.10 Contesting validity
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§1674.10. 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 R.S. 38:1674.1 through R.S. 38:1674.10 shall be begun in any court by any person for any cause whatsoeve…
La. Rev. Stat. § 38:1674.11 Arrangements under Local Services Law
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§1674.11. Arrangements under Local Services Law The district, through its board of commissioners, may engage jointly in the exercise of any power, the making of any improvement, or the promotion and maintenance of any undertaking authorized under this Part, with any one or more s…
La. Rev. Stat. § 38:1674.12 Parishes adjoining Lake Maurepas or Lake Pontchartrain; notice of intention; hearing; ordering improvements
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§1674.12. Parishes adjoining Lake Maurepas or Lake Pontchartrain; notice of intention; hearing; ordering improvements A. In any parish adjoining Lake Maurepas or Lake Pontchartrain, in order to construct and finance the projects provided for in R.S. 38:1674.1, the board of commis…
La. Rev. Stat. § 38:1674.13 Parishes adjoining Lake Maurepas or Lake Pontchartrain; report of costs; assessments
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§1674.13. Parishes adjoining Lake Maurepas or Lake Pontchartrain; report of costs; assessments A. In any parish adjoining Lake Maurepas or Lake Pontchartrain, upon the award of the contract as provided in R.S. 38:1674.12 the treasurer of the board of commissioners shall prepare a…
La. Rev. Stat. § 38:1674.14 Sunset Drainage District of St
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§1674.14. Sunset Drainage District of St. Charles Parish; acreage tax The governing authority of the Sunset Drainage District of St. Charles Parish may annually levy an acreage tax in an amount not to exceed twenty dollars per acre on each acre of land in the district for the pur…
La. Rev. Stat. § 38:1674.15 St
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§1674.15. St. Tammany Parish Drainage District No. 2; creation of assessment areas; maintenance tax assessment A. St. Tammany Parish Drainage District No. 2 heretofore created under the provisions of this Part shall have and is hereby vested with full power and authority, acting …
La. Rev. Stat. § 38:1674.16 St
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§1674.16. St. Tammany Parish Drainage District No. 4 A.(1) The governing authority of Drainage District No. 4 of St. Tammany Parish is authorized to call a special election on or before December 31, 1996, for approval, by a majority of the electors residing within Drainage Distri…
La. Rev. Stat. § 38:1674.16.1 Certain drainage districts
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§1674.16.1. Certain drainage districts A.(1) Notwithstanding any provision of law to the contrary, the governing authority of Drainage District No. 4 in a parish with a population between two hundred forty-five thousand and two hundred sixty-five thousand based on the latest fede…
La. Rev. Stat. § 38:1674.2 Notice of intention; hearing; ordering improvements
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§1674.2. Notice of intention; hearing; ordering improvements In order to construct and finance the projects referred to in R.S. 38:1674.1, the board of commissioners of any drainage district created under the provisions of this Chapter shall employ a competent engineer or firm of…
La. Rev. Stat. § 38:1674.3 Plans and specifications; advertisement for bids
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§1674.3. Plans and specifications; advertisement for bids The board of commissioners, after having given notice of its intention as above set forth, and after hearing and disposing of all objections and having decided to order the construction of such improvements, may without fu…
La. Rev. Stat. § 38:1674.4 Opening of bids; award of contract
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§1674.4. Opening of bids; award of contract The board of commissioners shall meet in open session on the date and at the place and hour named in the notice calling for bids, and shall proceed to open the bids and award the contract to the lowest responsible bidder who can furnish…
La. Rev. Stat. § 38:1674.5 Report of costs; assessments
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§1674.5. Report of costs; assessments Upon the award of the contract as hereinabove provided, the treasurer of the board of commissioners shall prepare a report showing the total cost of the said improvements, including a reasonable amount for engineering fees, legal fees, contin…
La. Rev. Stat. § 38:1674.6 Issuance of Certificates
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§1674.6. Issuance of Certificates The board of commissioners of any drainage district complying with the provisions of R.S. 38:1674.1 through R.S. 38:1674.10 shall be and is hereby authorized to issue, execute, negotiate, sell and deliver negotiable interest bearing drainage cert…
La. Rev. Stat. § 38:1674.7 Signature on certificates and coupons; form of endorsement
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§1674.7. Signature on certificates and coupons; form of endorsement The said drainage certificates shall be signed by the president and secretary of the board of commissioners for, on behalf of, and in the name of the district and under the seal thereof. Any interest coupons shal…
La. Rev. Stat. § 38:1674.8 Sale of certificates; disposition of funds
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§1674.8. Sale of certificates; disposition of funds The board of commissioners issuing such drainage certificates may by resolution empower and authorize its president and its secretary to negotiate and deliver such drainage certificates and collect the purchase price thereof and…
La. Rev. Stat. § 38:1674.9 Nature of certificates
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§1674.9. Nature of certificates Drainage certificates issued hereunder shall have all the requisites of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale or delivery, and shall be incontest…
La. Rev. Stat. § 38:1675 Application of Part
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§1675. Application of Part The provisions of this Part shall apply only to drainage districts organized under Article XV of the Constitution of Louisiana of 1921, or reorganized under the provisions of this Part, for the purpose of draining and reclaiming the undrained marsh, swa…
La. Rev. Stat. § 38:1676 Tax sale properties; confirmation of title
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§1676. Tax sale properties; confirmation of title A. Where drainage districts organized under Article 15 of the constitution of 1921, and R.S. 38:1601 through 38:1675, have acquired property located in said districts at tax sales made by the sheriffs and ex-officio tax collectors…
La. Rev. Stat. § 38:1677 Police juries as governing authority
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§1677. Police juries as governing authority A. Where the police jury creating a drainage district determines that the board of commissioners of any such district has failed to hold meetings during a period of five years, the said police jury may adopt an ordinance in which it sha…
La. Rev. Stat. § 38:1678 Authorization to incur debt; issue bonds and levy taxes
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§1678. Authorization to incur debt; issue bonds and levy taxes A.(1) After having been authorized to do so at an election held in accordance with the provisions of law, drainage districts created under the provisions of R.S. 38:1601 through R.S. 38:1675 may incur debt and issue b…
La. Rev. Stat. § 38:1679 Dividing districts lying in two or more parishes
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§1679. Dividing districts lying in two or more parishes Drainage districts, the territorial limits of which lie within the boundaries of two or more parishes, may be divided into separate districts in each parish by ordinances adopted by the governing authorities of the parishes …
La. Rev. Stat. § 38:1680 St
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§1680. St. Mary Parish; powers of districts; bonds; taxes A. All drainage districts within the parish of St. Mary heretofore or hereafter created under the provisions of this Part shall have and are hereby vested with full power and authority, acting through their governing autho…
La. Rev. Stat. § 38:1680.1 St
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§1680.1. St. Mary Parish; powers of parish, drainage districts, and any incorporated municipality in the parish to levy taxes and charges for drainage facilities A. The parish of St. Mary, any drainage district in the parish, and any incorporated municipality in the parish are au…
La. Rev. Stat. § 38:1680.2 Town of Berwick; authority to levy taxes, fees, and charges for drainage facilities, systems, and networks
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§1680.2. Town of Berwick; authority to levy taxes, fees, and charges for drainage facilities, systems, and networks A. The town of Berwick is authorized to levy special taxes, fees, or charges on all immovable property within its boundaries for the purpose of constructing, acquir…
La. Rev. Stat. § 38:1681 Assumption Parish; powers of districts; bonds; taxes
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§1681. Assumption Parish; powers of districts; bonds; taxes A. All drainage districts within the parish of Assumption heretofore or hereafter created under the provisions of this Part shall have and are hereby vested with full power and authority, acting through their governing a…
La. Rev. Stat. § 38:17 Divisions to exercise functions of department; contracts; grants of money; reports
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§17. Divisions to exercise functions of department; contracts; grants of money; reports A. The assistant secretary shall exercise the functions of the office of engineering, subject to the direction and control of the secretary. B. The assistant secretary may enter into written c…
La. Rev. Stat. § 38:1701 Creation of districts authorized
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§1701. Creation of districts authorized 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 police juries of the several parishes of …
La. Rev. Stat. § 38:1702 Creation upon petition of landowners
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§1702. Creation upon petition of landowners Whenever the owners of a majority of contiguous undrained or partially drained lands in any drainage district heretofore organized or in process of organization under any previous or existing law of the state, or the owners of a majorit…
La. Rev. Stat. § 38:1703 Approval of formation by Department of Public Works
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§1703. Approval of formation by Department of Public Works No drainage district shall be created under this Part until the Department of Public Works has approved the formation of the district with respect to the body of land to be included therein, and has furnished the police j…
La. Rev. Stat. § 38:1704 Organization of districts
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§1704. Organization of districts The same forms and procedure, except as herein otherwise provided, shall be observed as to the creation and organization of drainage districts under this Part as are provided under R.S. 38:1601 through 38:1675. The drainage districts, created unde…
La. Rev. Stat. § 38:1705 Rights of district in which land formerly included
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§1705. Rights of district in which land formerly included Where any lands included in a drainage district created under the provisions of this Part were liable together with other lands under prior organization for any indebtedness or contract, bonded or otherwise, and for the li…
La. Rev. Stat. § 38:1706 Interference with natural drainage
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§1706. Interference with natural drainage No drainage district created under this Part shall in its levee construction interfere with the natural drainage of any contiguous territory without making provisions at its expense to furnish equivalent drainage to the contiguous territo…
La. Rev. Stat. § 38:1707 Exemption from laws forbidding inclusion in more than one district
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§1707. Exemption from laws forbidding inclusion in more than one district No drainage district created or organized under the provisions of this Part shall be subject to the provisions of any law of this state forbidding land to be included within more than one drainage district …
La. Rev. Stat. § 38:1751 Creation of district by parish; designation
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§1751. Creation of district by parish; designation A. The various parishes of the state, the parish of Orleans excepted, may create on their own initiative, from lands which drain by gravity, gravity drainage districts. These districts shall be known as "Gravity Drainage District…
La. Rev. Stat. § 38:1752 Territory included; change of boundaries
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§1752. Territory included; change of boundaries No gravity drainage district shall be created comprising the whole territory of a parish, nor shall it contain, within its limits, less than five landowners. The police jury, with the concurrence of the drainage commission may at an…
La. Rev. Stat. § 38:1753 Authority to create sub-districts
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§1753. Authority to create sub-districts In all cases where gravity drainage districts have been, or will be, organized by the action of a police jury, or the joint action of two or more police juries, the police jury may create gravity sub-drainage districts therein in the manne…
La. Rev. Stat. § 38:1754 Creation of district upon petition of land owners; resolution
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§1754. Creation of district upon petition of land owners; resolution The police jury shall create a gravity drainage district when petitioned by a majority in number of acres or a majority of the resident land owners in the area thus to be formed into a gravity drainage district …
La. Rev. Stat. § 38:1755 Districts subdivisions of state
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§1755. Districts subdivisions of state Gravity drainage districts and gravity sub-drainage districts so created shall be sub-divisions of the state within the meaning of the Constitution and statutes of Louisiana relating to incurring debt and issuing bonds therefor.
La. Rev. Stat. § 38:1756 Publication of ordinance
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§1756. Publication of ordinance Whenever gravity drainage districts or gravity sub-drainage districts are created or reorganized under the provisions of this Part, or lands have been added to a gravity drainage district or gravity sub-drainage district, as provided in R.S. 38:179…
La. Rev. Stat. § 38:1757 Contests and objections
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§1757. Contests and objections Within thirty days from the date of the first publication any owner of property within the limits of the gravity drainage district or sub-drainage district may appeal to the courts for the purpose of contesting the action of the police jury or polic…