Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:1758 Board of commissioners; eligibility
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§1758. Board of commissioners; eligibility All gravity drainage districts formed or created under the provisions of this Part shall be governed and controlled by five commissioners, who shall be the governing authority of the district or sub-district. These commissioners or their…
La. Rev. Stat. § 38:1759 Appointment and terms of commissioners
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§1759. Appointment and terms of commissioners A. The police jury organizing the drainage district shall appoint five commissioners in each district, two of the commissioners for the term of two years and three for the term of four years, and all selections or appointments thereaf…
La. Rev. Stat. § 38:1760 Creation of districts in adjoining parishes
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§1760. Creation of districts in adjoining parishes When the drainage by gravity of any locality is such that in the opinion of the police juries of the respective parishes, it becomes necessary to organize or create gravity drainage districts composed partly of land situated in t…
La. Rev. Stat. § 38:1761 Selection of commissioners
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§1761. Selection of commissioners In the event of the creation of a gravity drainage district within two or more parishes, the drainage commissioners shall be appointed or selected as aforesaid, three by the police jury of the parish which has the greatest area in the district an…
La. Rev. Stat. § 38:1762 Creation of districts upon petition of property owners
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§1762. Creation of districts upon petition of property owners Upon the failure or refusal of the police juries to organize a gravity drainage district when needed of territory composed partly of the parishes of each, they are hereby required to form the gravity drainage district …
La. Rev. Stat. § 38:1763 Gravity sub-drainage districts
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§1763. Gravity sub-drainage districts Gravity sub-drainage districts shall be composed of territory which is wholly within the limits and is less than the entire territory of a gravity drainage district. The sub-drainage district may be created from the land of one land owner. Th…
La. Rev. Stat. § 38:1764 Corporate status and powers of districts
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§1764. Corporate status and powers of districts A. Any gravity drainage district or gravity sub-drainage district thus created and numbered by the police jury of any parish of the state, or by the joint action of the police juries of any two or more adjoining parishes shall const…
La. Rev. Stat. § 38:1765 Domicile; organization meeting
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§1765. Domicile; organization meeting The police juries creating gravity drainage districts as aforesaid, with corporate powers, shall designate the domicile of the corporation, at which domicile it shall be sued and service of citation made on its president, either in person or …
La. Rev. Stat. § 38:1766 Officers of the board; fiscal agent
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§1766. Officers of the board; fiscal agent A.(1) Immediately upon meeting, the board of commissioners shall proceed to organize by electing from among their number a president and a vice president. The president shall preside over all meetings of the board and perform all duties …
La. Rev. Stat. § 38:1767 Powers and duties of board of commissioners
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§1767. Powers and duties of board of commissioners The board of drainage commissioners may open all natural drains which they deem necessary in their respective districts and perform all work connected therewith, which they may deem necessary to make the opening of the natural dr…
La. Rev. Stat. § 38:1768 Levy of tax or forced contribution
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§1768. Levy of tax or forced contribution The commissioners may provide the funds necessary for conducting drainage work by levying any tax or forced contribution which is authorized by the constitution and laws of this state. If the tax to be levied is an acreage tax levied by t…
La. Rev. Stat. § 38:1769 Issuance of bonds
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§1769. Issuance of bonds Gravity drainage districts and gravity subdrainage districts created under this Part may as political subdivisions incur debt and issue negotiable bonds payable from an ad valorem tax on the property within the district under the constitution and laws of …
La. Rev. Stat. § 38:1770 Acreage tax
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§1770. Acreage tax A.(1) Gravity drainage districts and gravity subdrainage districts through their governing authority may impose and collect annually, in addition to the tax authorized by R.S. 39:551, an acreage tax or forced contribution not exceeding fifty cents per acre per …
La. Rev. Stat. § 38:1771 Submission to taxpaying voters of question of levying forced contribution or acreage tax
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§1771. Submission to taxpaying voters of question of levying forced contribution or acreage tax The governing authority of any gravity drainage district or gravity sub-drainage district may call a special election and submit to the qualified taxpaying voters, or submit at any spe…
La. Rev. Stat. § 38:1772 Notice of elections
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§1772. Notice of elections Notice of the election shall be given embracing substantially all matters required to be set forth in the resolution ordering the election, and shall set forth further that the authority ordering the election will, in open session, at an hour and place …
La. Rev. Stat. § 38:1773 Use of funds collected from taxes
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§1773. Use of funds collected from taxes Taxes, whether ad valorem or forced contributions or acreage taxes, shall only be levied and debt shall only be incurred and negotiable bonds issued to construct gravity drainage works for the district or subdistrict or to readjust, refund…
La. Rev. Stat. § 38:1774 Polling places; ballot boxes; election officers; right to vote
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§1774. Polling places; ballot boxes; election officers; right to vote The governing authority ordering the election shall designate the polling places, provide the ballot boxes, ballots, valuations of property, and statement of the voters in number and amount, and fix the compens…
La. Rev. Stat. § 38:1775 List of voters
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§1775. List of voters The registrar of voters shall furnish the election commissioners appointed to hold the elections with a list of the land owners entitled to vote, together with the number of acres of each land owner entitled to vote as shown by the assessment roll made and f…
La. Rev. Stat. § 38:1776 Form of ballot
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§1776. Form of ballot The question submitted to the voters at special elections held under the provisions of this Part and the ballot to be used at the elections, when refunding bonds are not to be issued, or acreage taxes or forced contributions are not to be levied for the paym…
La. Rev. Stat. § 38:1777 Absence of commissioner or clerk of election; oaths
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§1777. Absence of commissioner or clerk of election; oaths If any commissioner or clerk of election shall be unable, fail, or neglect to attend or serve at the polling place designated, and at the hour fixed for opening the polls or within one hour thereafter, the commissioners p…
La. Rev. Stat. § 38:1778 Manner of voting
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§1778. Manner of voting Each voter's name shall be written on his ballot. The commissioners of election shall receive the ballot of each voter, check his name on the list of voters furnished by the registrar as having voted, enter and number his name on the list of taxpayers voti…
La. Rev. Stat. § 38:1779 Voting hours
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§1779. Voting hours The polls shall be open on the date appointed at 7 o'clock A.M., and remain open until and not later than 6 o'clock P.M. No election shall be vitiated by the failure to open the polls at the time prescribed or by closing them before the time prescribed, unless…
La. Rev. Stat. § 38:1780 Compilation of votes
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§1780. Compilation of votes Immediately after the closing of the polls, the commissioners shall, in the presence of the bystanders, open the ballot boxes, count the ballots found therein, check the ballots with the list of voters kept, proceed to count the votes in number and amo…
La. Rev. Stat. § 38:1781 Canvass of returns; promulgation of result
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§1781. Canvass of returns; promulgation of result On the day and at the hour and place named in the notice of election, the authorities ordering the election shall, in public session, open the ballot boxes, examine and count the ballots in number and amount, examine and canvass t…
La. Rev. Stat. § 38:1782 Proces verbal; preservation of ballots and returns
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§1782. Proces verbal; preservation of ballots and returns The authority ordering the election shall keep a proces verbal of the amounts and shall forward a copy thereof to the secretary of state, who shall record the copy, and another copy to the clerk of the district court who s…
La. Rev. Stat. § 38:1783 Levy of forced contribution or acreage tax
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§1783. Levy of forced contribution or acreage tax If a majority in number of the qualified taxpayers and a majority in number of acres voting at the election shall vote in favor of the proposition to levy a forced contribution or acreage tax, the governing authority may by resolu…
La. Rev. Stat. § 38:1784 Issuance of bonds
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§1784. Issuance of bonds If a majority in number of the qualified taxpayers and a majority in number of acres voting at the election shall vote in favor of the proposition to incur debt and issue negotiable bonds secured by and payable from the proceeds of an acreage tax, the gov…
La. Rev. Stat. § 38:1785 Form and terms of bonds; payment
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§1785. Form and terms of bonds; payment No bonds issued by any district hereunder shall run for a longer period than forty years from the date thereof or bear a greater rate of interest than six per centum per annum, payable annually or semi-annually, or be sold for less than par…
La. Rev. Stat. § 38:1786 Registered bonds
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§1786. Registered bonds Bonds issued hereunder may be registered or coupon bonds. Coupon bonds may be registered as to principal in the holder's name on the books of the treasurer, of the district, the registration being noted on the bond by the treasurer, after which no transfer…
La. Rev. Stat. § 38:1787 Resolution authorizing issuance of bonds
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§1787. Resolution authorizing issuance of bonds Before bonds of any district are issued hereunder, the governing authority shall investigate and determine the regularity of the proceedings. The resolution authorizing the bonds may direct that they shall contain the following reci…
La. Rev. Stat. § 38:1788 Indorsement on bonds
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§1788. Indorsement on bonds If the time within which the validity of the bonds may be contested has elapsed, to-wit: Sixty days from the date of promulgation of the result of the election, bonds issued by any district shall be registered by the Secretary of State without charge, …
La. Rev. Stat. § 38:1789 Assessment of property and extension of taxes
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§1789. Assessment of property and extension of taxes The assessors of the parishes in which gravity drainage districts or gravity subdrainage districts in whole or in part are located, shall assess all property in the districts for the taxes levied against the property by the dra…
La. Rev. Stat. § 38:1789.1 Tax levies; assessments and collections; time and manner
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§1789.1. Tax levies; assessments and collections; time and manner All taxes certified on behalf of any gravity drainage district or gravity subdrainage district by the governing authority or governing authorities of the parish or parishes in which such drainage or subdrainage dis…
La. Rev. Stat. § 38:1790 Collection of taxes; accounting and settlement
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§1790. Collection of taxes; accounting and settlement All articles and provisions of the constitution regulating and relating to the collection of taxes and the creation of tax liens and mortgages, tax penalties and of sales, shall also apply to and regulate the collection of the…
La. Rev. Stat. § 38:1791 Compensation of tax collector; proceedings on bond
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§1791. Compensation of tax collector; proceedings on bond The tax collector or ex-officio tax collector shall receive for all services rendered in collecting and paying over the taxes herein provided including an acreage tax or forced contribution, for the account of the sheriff'…
La. Rev. Stat. § 38:1792 Contest of validity of proceedings
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§1792. Contest of validity of proceedings Whenever debt has been incurred and bonds voted to be issued and a forced contribution or acreage tax levied as herein provided, any land owner having property situated within the limits of the district, during sixty days next following t…
La. Rev. Stat. § 38:1793 Adjudication of property to state for non-payment of taxes; resale and conveyance
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§1793. Adjudication of property to state for non-payment of taxes; resale and conveyance If in the enforcement of the collection of the acreage tax or forced contribution assessed against the lands within a gravity drainage district or gravity sub-drainage district, it becomes ne…
La. Rev. Stat. § 38:1794 Meetings of commissioners; powers; salaries and expenses
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§1794. Meetings of commissioners; powers; salaries and expenses A. The provisions of this Subsection pertain to commissioners of gravity drainage districts in Calcasieu Parish, Louisiana, notwithstanding any provisions of other Subsections in this Section to the contrary. The wor…
La. Rev. Stat. § 38:1795 Expenses of surveys; change in acreage tax; joint enterprise
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§1795. Expenses of surveys; change in acreage tax; joint enterprise All expenses for preliminary surveys to determine the cost of draining, shall be advanced by the land owners petitioning the drainage commissioners for drainage, and shall be reimbursed to the owners by the drain…
La. Rev. Stat. § 38:1796 Contract for use of drainage or other works; purchase or expropriation
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§1796. Contract for use of drainage or other works; purchase or expropriation The governing authority of any gravity drainage district, or gravity sub-drainage district, may contract with the owner of any drainage or other works for the privilege of using the works in connection …
La. Rev. Stat. § 38:1797 Duties of Department of Public Works
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§1797. Duties of Department of Public Works The Department of Public Works shall upon request advise, without cost, the governing authority of any gravity drainage district or gravity sub-drainage district, as to the desirability, sufficiency, and practicability of any contemplat…
La. Rev. Stat. § 38:1798 Dissolution of district before issuance of bonds
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§1798. Dissolution of district before issuance of bonds Any time before any bonds are issued, the governing authority may submit to the property taxpayers therein the question whether any forced contribution or acreage tax previously voted therein shall be repealed and terminated…
La. Rev. Stat. § 38:1798.1 Districts lying within boundaries of any parish, or of two or more parishes
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§1798.1. Districts lying within boundaries of any parish, or of two or more parishes Gravity drainage and subdrainage districts or consolidated gravity drainage or subdrainage districts organized under the laws of this state, the territorial limits of which lie either wholly with…
La. Rev. Stat. § 38:1799 Inclusion of contiguous or adjacent lands in district
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§1799. Inclusion of contiguous or adjacent lands in district The police juries of the various parishes, the parish of Orleans excepted, shall with the approval of the board of drainage commissioners, include any contiguous or adjacent lands in any gravity drainage district or gra…
La. Rev. Stat. § 38:18 Conference with wildlife and fisheries commission
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§18. Conference with wildlife and fisheries commission The Louisiana Department of Public Works shall without fail confer with the Louisiana Wildlife and Fisheries Commission in the earliest possible planning stage on every project affecting wetlands and other wildlife habitat, w…
La. Rev. Stat. § 38:1800 Reorganization of gravity drainage districts
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§1800. Reorganization of gravity drainage districts Any drainage district, or sub-drainage district organized under existing laws, which are composed wholly of land which drain naturally, or by gravity, may avail itself, of the provisions of this Part and reorganize under the pro…
La. Rev. Stat. § 38:1801 Reorganization of districts draining by gravity in part
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§1801. Reorganization of districts draining by gravity in part Any drainage or sub-drainage district organized under existing laws, composed of both lands which drain naturally or by gravity, and marsh, swamp and overflowed lands, which did not drain by gravity, may not be reorga…
La. Rev. Stat. § 38:1802 Application of provisions; effect on existing laws
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§1802. Application of provisions; effect on existing laws The provisions of this Part shall apply to gravity drainage or sub-drainage districts authorized to be created under Article XIV of the Constitution of 1921, and created or reorganized under its provisions; and shall not a…
La. Rev. Stat. § 38:1803 St
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§1803. St. Mary Parish; powers of districts; bonds; taxes A. Notwithstanding the provisions of R.S. 38:1751 or any other law to the contrary, all gravity drainage districts and subdrainage districts heretofore or hereafter created or the boundaries thereof enlarged within the par…
La. Rev. Stat. § 38:1804 Existing gravity drainage districts; powers; bonds; taxes
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§1804. Existing gravity drainage districts; powers; bonds; taxes A. In addition to the powers and authority heretofore provided by law and notwithstanding provisions of any other law to the contrary, any gravity drainage district existing on the effective date of this Section and…