Title 33, Municipalities and Parishes
0 chapters · 4,113 sections in this title.
La. Rev. Stat. § 33:4258 Election to authorize issuance of bonds
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§4258. Election to authorize issuance of bonds Before the resolution authorizing the issuance of bonds under this Subpart is adopted by the governing body, the question of the issuance of the bonds shall be submitted and approved at either a special or general election which shal…
La. Rev. Stat. § 33:4259 Refunding bonds
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§4259. Refunding bonds The governing body of any municipality which has heretofore issued or hereafter issues bonds payable from utility revenues under the provisions of this Sub-part or any other law may authorize the issuance of bonds for the purpose of refunding, extending and…
La. Rev. Stat. § 33:426 Street commissioner; duties
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§426. Street commissioner; duties The mayor may appoint a street commissioner subject to confirmation by the board of aldermen. The street commissioner shall, under the direction of the mayor and board of aldermen, have general control of the streets, alleys, avenues, and sidewal…
La. Rev. Stat. § 33:4260 Contesting election and bonds; prescription
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§4260. Contesting election and bonds; prescription For a period of sixty days from the date of the promulgation of the result of any election held hereunder, any person in interest may contest the legality of the election, after which time no one shall have any cause of action to…
La. Rev. Stat. § 33:4261 Service charge for sewerage and garbage facilities
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§4261. Service charge for sewerage and garbage facilities Where the revenues pledged to the payment of bonds under this Subpart are revenues of a utility comprised of sewerage facilities, or garbage facilities, the governing authority of the municipality may each year impose agai…
La. Rev. Stat. § 33:4262 No restriction of acts authorized
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§4262. No restriction of acts authorized This Sub-part shall constitute full authority for the accomplishment of all acts herein authorized to be done. No other law restricting the carrying out of the acts authorized to be done shall be construed as applying to any proceedings ha…
La. Rev. Stat. § 33:4263 Municipal hydroelectric facilities
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§4263. Municipal hydroelectric facilities A.(1) Any municipality owning and operating a revenue producing electric utility as defined in or covered by R.S. 33:4161, or any public power authority created by any such municipality under the provisions of R.S. 33:4172, acting through…
La. Rev. Stat. § 33:4281 Extension or improvement of municipally owned utility by city of 25,000 to 250,000
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§4281. Extension or improvement of municipally owned utility by city of 25,000 to 250,000 Any municipality having a population in excess of twenty-five thousand and less than two hundred fifty thousand owning and operating its electric power plant, waterworks, motor coach transpo…
La. Rev. Stat. § 33:4282 Issuance of certificates of indebtedness
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§4282. Issuance of certificates of indebtedness In order to obtain funds to construct, maintain, rehabilitate, extend, enlarge, or improve the municipally owned public utility the governing authority of the municipality may issue negotiable certificates of indebtedness and secure…
La. Rev. Stat. § 33:4283 Certificates of indebtedness payable from revenues of utility; form and requisites; redemption; sale
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§4283. Certificates of indebtedness payable from revenues of utility; form and requisites; redemption; sale Upon obtaining the authority from a majority of the qualified electors of the municipality voting in the election, the governing body of the municipality may issue negotiab…
La. Rev. Stat. § 33:4284 Pledge of revenues of utility; lien of certificate holders; enforcement of obligations of municipality; receivership
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§4284. Pledge of revenues of utility; lien of certificate holders; enforcement of obligations of municipality; receivership Any certificates of indebtedness issued hereunder shall be negotiable and shall be secured by a pledge of the revenues of all or a portion of the incoming r…
La. Rev. Stat. § 33:4285 Priority of lien as between different series of certificates
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§4285. Priority of lien as between different series of certificates If more than one series of negotiable certificates of indebtedness is issued hereunder, priority of lien and privileges on the revenues of the utility shall depend upon the time of delivery of the certificates, e…
La. Rev. Stat. § 33:4286 Sinking fund
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§4286. Sinking fund Whenever any certificates of indebtedness are issued in accordance with this Sub-part, the municipal authority shall provide for the creation of a sinking fund into which shall be paid from the revenues of the utility, subject only to prior payment of reasonab…
La. Rev. Stat. § 33:4287 Charges for commodities or services provided by utility
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§4287. Charges for commodities or services provided by utility When any municipal corporation has issued certificates of indebtedness hereunder and has pledged the revenues of any utility for the payment thereof, the municipality shall impose and collect fees and charges for the …
La. Rev. Stat. § 33:4288 Refunding certificates
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§4288. Refunding certificates The governing authority of a municipality which issues certificates of indebtedness under this Sub-part, may authorize the issuance of certificates of indebtedness for the purpose of refunding outstanding certificates. Refunding certificates may eith…
La. Rev. Stat. § 33:4289 Election to authorize issuance of certificates of indebtedness; resolution; notice of election; ballots; election contests
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§4289. Election to authorize issuance of certificates of indebtedness; resolution; notice of election; ballots; election contests Whenever the governing authority of a municipal corporation desires to issue certificates of indebtedness as provided herein, it may, by resolution ad…
La. Rev. Stat. § 33:4290 Procedure provided not exclusive; other laws inapplicable
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§4290. Procedure provided not exclusive; other laws inapplicable The procedure provided for in this Sub-part shall not be exclusive. But no other provisions of law pertinent to the construction, acquisition, extension, or improvement of public utilities, or to the issuance of cer…
La. Rev. Stat. § 33:4301 Creation of districts
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§4301. Creation of districts The governing authorities of the several parishes are authorized and empowered upon their own initiative to divide their respective parishes into one or more gas utility districts with such names or numbers as the governing authorities may designate. …
La. Rev. Stat. § 33:4302 Notice of intention to create district; hearing of objections; resolution fixing boundaries
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§4302. Notice of intention to create district; hearing of objections; resolution fixing boundaries No gas utility district shall be created hereunder until notice of the intention to create such district shall have been ordered by resolution or resolutions which shall define the …
La. Rev. Stat. § 33:4303 Board of commissioners
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§4303. Board of commissioners A. Each gas utility district created pursuant to this Subpart shall be governed by a board of five commissioners, except that where the district includes one or more municipalities as hereafter provided, the board shall consist of nine members. Each …
La. Rev. Stat. § 33:4304 District to possess all powers of a corporation; expropriation
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§4304. District to possess all powers of a corporation; expropriation Any district created hereunder shall have all the powers of a corporation, including perpetual existence, the power to incur debt and contract obligations, to sue and be sued, to have a corporate seal, to enter…
La. Rev. Stat. § 33:4305 Domicile; meetings; officers; bonds; depositories; compensation; rate fixing
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§4305. Domicile; meetings; officers; bonds; depositories; compensation; rate fixing A. The governing authority having jurisdiction to name the members of the board of commissioners of the gas utility district shall designate the domicile of the district, at which domicile it may …
La. Rev. Stat. § 33:4306 District as a political subdivision
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§4306. District as a political subdivision Any gas utility district created pursuant to this Subpart shall be a political subdivision within the meaning of the general laws authorizing the issuance of bonds. Nothing in this Subpart shall be construed as authorizing the issuance a…
La. Rev. Stat. § 33:4307 Authorization to construct, acquire, sell, etc., revenue producing gas public utilities
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§4307. Authorization to construct, acquire, sell, etc., revenue producing gas public utilities Any gas utility district created hereunder is authorized to construct, acquire, sell, lease, mortgage, extend, improve, maintain and operate any revenue producing gas public utility wit…
La. Rev. Stat. § 33:4307.1 Winn Parish; authorization to sell certain gas and utility lines
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§4307.1. Winn Parish; authorization to sell certain gas and utility lines The governing authority of Winn Parish is authorized to sell or lease, without voter approval, a gas utility system owned by a gas utility district created pursuant to this Subpart. Acts 1991, No. 440, §1.
La. Rev. Stat. § 33:4308 Revenue bonds
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§4308. Revenue bonds Revenue bonds of a gas utility district may be issued hereunder by resolution of the board of commissioners under the following provisions and restrictions: A. Such bonds shall be payable solely from the income and revenues to be derived from the operation of…
La. Rev. Stat. § 33:4311 Creation of commission; membership
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§4311. Creation of commission; membership The governing authorities of the municipalities of Carencro, Denham Springs, Lake Providence, Oakdale, Port Allen, Springhill, and Winnfield are hereby authorized to create utilities commissions, by ordinance adopted following the effecti…
La. Rev. Stat. § 33:4312 Qualification of members; appointment; oath; tenure
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§4312. Qualification of members; appointment; oath; tenure A. The members composing the commission shall be qualified electors of the parish, of whom at least three must live within the limits of the municipality by whose authority the commission is created, and all of whom must …
La. Rev. Stat. § 33:4313 Removal from commission; reasons; procedures; hearing; appeal
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§4313. Removal from commission; reasons; procedures; hearing; appeal A. Any member of the commission may be removed by the respective mayor and board of aldermen for inefficiency, incompetency, dishonesty, fraud, political activities, or for any other reasonable or just cause, or…
La. Rev. Stat. § 33:4314 Public utilities defined
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§4314. Public utilities defined Public utilities within the meaning of this Sub-part are hereby defined as follows: the municipally owned electric light and power and water system and other such utilities which are now owned, or which may hereafter be owned, by the municipality c…
La. Rev. Stat. § 33:4315 Organizations; authority; by-laws; regulations
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§4315. Organizations; authority; by-laws; regulations The commission shall meet within twenty days after the effective date of the ordinance creating the utility commission, for the purpose of organization or for any other legal purpose. It shall elect a chairman, vice-chairman, …
La. Rev. Stat. § 33:4316 Powers and duties of commission; rates; reports; employees
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§4316. Powers and duties of commission; rates; reports; employees The commission shall exercise the following powers and shall perform the following duties: (1) to manage and operate the electric light and power and water plant systems owned by the municipality; provided, however…
La. Rev. Stat. § 33:4317 Billing procedure; separate accounts; fidelity bonds
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§4317. Billing procedure; separate accounts; fidelity bonds All bills for water, power, and lights, and other charges, shall be prepared and sent out monthly and payments thereof shall continue to be paid to and received by the clerk of the municipality. Separate bank accounts fo…
La. Rev. Stat. § 33:4318 Disbursement of funds; operating funds established
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§4318. Disbursement of funds; operating funds established The funds derived from the operation and management of said systems shall be disbursed as follows: (1) Between February 1st and January 31st of the following calendar year, there shall be set aside from time to time and as…
La. Rev. Stat. § 33:4319 Bond issue; election
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§4319. Bond issue; election A. Solely upon the recommendation of this commission, and in accordance with existing laws, and subject to the terms and conditions set forth in the ordinances and resolutions of the municipality, providing for the issuance and sale of revenue bonds an…
La. Rev. Stat. § 33:4320 Abolition of commission; election
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§4320. Abolition of commission; election A utilities commission, once created under authority of this Sub-part, shall remain in existence until abolished by a majority vote of the qualified electors in the municipality at an election called by the municipal governing authority up…
La. Rev. Stat. § 33:4321 Refunding or refinancing of bonds secured by income and revenues of public utility
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§4321. Refunding or refinancing of bonds secured by income and revenues of public utility Any municipal corporation (the city of New Orleans excepted), or other political subdivisions which have issued, or may issue bonds for the purpose of constructing, acquiring, extending or i…
La. Rev. Stat. § 33:4322 Restrictions on bonds issued
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§4322. Restrictions on bonds issued Any bonds issued under the provisions of this Sub-part shall not exceed in principal the amount of the original issue, shall not run for a period longer than the number of years of the original issue, and shall bear a maximum rate of interest n…
La. Rev. Stat. § 33:4323 Procedure for issuing bonds
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§4323. Procedure for issuing bonds A. Any bonds issued under the provisions of this Sub-part shall be authorized by ordinance or resolution of the governing authorities of such municipality or other political subdivisions and shall be signed by the chief executive officer thereof…
La. Rev. Stat. § 33:4324 Contesting legality of bond issue
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§4324. Contesting legality of bond issue For a period of thirty days from the date of the publication of the ordinance or resolution of the municipality or other political subdivisions authorizing the issuance of bonds under the provisions of this Sub-part, any person in interest…
La. Rev. Stat. § 33:4331 Refunding of bonds secured by equipment or revenue of public utility
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§4331. Refunding of bonds secured by equipment or revenue of public utility Any municipal corporation having a population of not more than two hundred thousand or less than seventy-five thousand and which has issued or which may issue bonds secured by a mortgage on the lands, bui…
La. Rev. Stat. § 33:4332 Amount, maturity and interest rate of bonds; use of proceeds
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§4332. Amount, maturity and interest rate of bonds; use of proceeds Any bonds issued under the provisions of this Sub-part shall not exceed in principal the amount then outstanding and unpaid of the original bond issue sought to be refunded, shall become due and payable in annual…
La. Rev. Stat. § 33:4333 Ordinance authorizing bonds
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§4333. Ordinance authorizing bonds Any bonds issued under the provisions of this Sub-part shall be authorized by ordinance or resolution of the governing authority of the municipality, which ordinance or resolution shall authorize the issuance of the bonds at such rate of interes…
La. Rev. Stat. § 33:4334 Mortgage or pledge of revenues to secure bonds
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§4334. Mortgage or pledge of revenues to secure bonds When the bonds are secured by a mortgage, the act shall be executed by the mayor or acting mayor of the municipality in the name and under the seal of the municipality. When the act has been executed and recorded the property …
La. Rev. Stat. § 33:4335 Enforcing pledge and foreclosing mortgage in case of default
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§4335. Enforcing pledge and foreclosing mortgage in case of default In case default occurs in the payment of such bonds or any of them, in whole or in part, or of any installment of interest thereon, when the same shall become due, the holder of such bond or bonds, or any of them…
La. Rev. Stat. § 33:4336 Advertising for sealed bids for bonds
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§4336. Advertising for sealed bids for bonds The governing authority of the municipality shall cause an advertisement to be published three times in ten days in a newspaper published in the municipality and in a newspaper published in the City of New Orleans, asking for sealed bi…
La. Rev. Stat. § 33:4337 Fixing utility rates sufficient to meet obligation
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§4337. Fixing utility rates sufficient to meet obligation Any municipality issuing bonds under the provisions of this Sub-part shall, during the time when any of such bonds remain outstanding and unpaid, impose rates for the service rendered by the public utility fully sufficient…
La. Rev. Stat. § 33:4338 Purchaser of utility at foreclosure sale entitled to franchise
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§4338. Purchaser of utility at foreclosure sale entitled to franchise In event foreclosure proceedings are instituted by virtue of any bonds issued under the provisions of this Sub-part, and in the event any person becomes the owner of such utility at the foreclosure sale, the pu…
La. Rev. Stat. § 33:4339 Contesting legality of bond issue
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§4339. Contesting legality of bond issue For a period of thirty days from the date of the final publication of the ordinance or resolution of the municipality authorizing the issuance of bonds under the provisions of this Part, any taxpayer paying ad valorem taxes to the municipa…
La. Rev. Stat. § 33:4341 Sale or lease of revenue-producing utility property; election required; exception
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§4341. Sale or lease of revenue-producing utility property; election required; exception A. Any municipality, the city of New Orleans excepted, or any parish or any other political subdivision or taxing district authorized to issue bonds under Article VI, Section 37 of the Consti…