Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:1580 Jefferson Parish Consolidated Drainage Districts
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§1580. Jefferson Parish Consolidated Drainage Districts A. The governing authority of the parish of Jefferson, on its own initiative, may create by ordinance one or more consolidated drainage districts within the territorial boundaries of the parish of Jefferson, which consolidat…
La. Rev. Stat. § 38:1580.1 Subdrainage districts
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§1580.1. Subdrainage districts A. The governing authority of Jefferson Parish may form one or more subdrainage districts out of the territory comprising a consolidated drainage district, by ordinance to that effect, defining the limits of the subdrainage district. The subdrainage…
La. Rev. Stat. § 38:1580.2 Powers of districts
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§1580.2. Powers of districts A. Consolidated drainage districts and any subdrainage districts created under the provisions of this Part shall have and are hereby vested with full power and authority, acting through their governing authority, to: (1) Drain and reclaim lands by the…
La. Rev. Stat. § 38:1581 Establishment of system
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§1581. Establishment of system A. The Jefferson Parish Council, governing authority of all Jefferson Parish drainage districts pursuant to its home rule charter, either within or without the corporate limits of a municipal corporation, may establish, acquire, construct, improve, …
La. Rev. Stat. § 38:1582 Notice of intention to establish system; objections
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§1582. Notice of intention to establish system; objections A. Any drainage district taking advantage of this Part shall, through its governing authority, be required to adopt a resolution giving notice of its intention to establish, acquire, construct, improve, extend, and mainta…
La. Rev. Stat. § 38:1583 Specifications; advertising for bids
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§1583. Specifications; advertising for bids A. The governing authority of such district, after having given notice of its intention as above set forth and after disposing of all objections and having decided to order the construction of such improvements, may, without further del…
La. Rev. Stat. § 38:1584 Awarding contract; resolution authorizing execution of contract
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§1584. Awarding contract; resolution authorizing execution of contract A. Except in the case of joint projects undertaken as provided and authorized by R.S. 38:1583(B), the governing authority of the district or its authorized officer or agent shall receive bids on the date and a…
La. Rev. Stat. § 38:1585 Statement of cost of improvement; definitions
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§1585. Statement of cost of improvement; definitions A. Upon the award of any contract under the provisions of this Part, the drainage district shall forthwith require of the engineer of the district a duly certified statement or report showing in detail the total cost of the imp…
La. Rev. Stat. § 38:1586 Special assessments; installment notes; effect of default; assessment lien
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§1586. Special assessments; installment notes; effect of default; assessment lien A. Upon receipt of the certified statement or report of the engineer of the drainage district as provided in R.S. 38:1585, the governing authority shall review the certified statement or report, inc…
La. Rev. Stat. § 38:1587 Certificates of indebtedness
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§1587. Certificates of indebtedness A. The governing authority of any such drainage district complying with the provisions of this Part may issue, execute, negotiate, sell, and deliver negotiable interest-bearing coupon certificates of the district in an amount up to the total am…
La. Rev. Stat. § 38:1588 Additional assessments
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§1588. Additional assessments A. If the local and special assessments originally levied are insufficient, for any cause whatsoever, to pay the principal and interest, or the principal or interest, in any one year of the said drainage certificates outstanding at their respective m…
La. Rev. Stat. § 38:1589 Form and registration of certificates
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§1589. Form and registration of certificates The said drainage certificates shall be signed by the chairman of the Jefferson Parish Council and by its clerk or secretary for, on behalf of, and in the name of the district and under the seal thereof. The interest coupons, if any, s…
La. Rev. Stat. § 38:1590 Sale and delivery of certificates; use of proceeds
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§1590. Sale and delivery of certificates; use of proceeds A. The certificates may be advertised for sale on sealed bids as provided by law. The governing authority may reject any and all bids received as a result of the advertisement. If no bids are received or if all bids are re…
La. Rev. Stat. § 38:1591 Certificates as negotiable paper
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§1591. Certificates as negotiable paper Drainage certificates issued hereunder shall be deemed to possess all the legal requisites of negotiable paper, shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale, or delivery, and shall be incon…
La. Rev. Stat. § 38:1592 Inspection and acceptance of work
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§1592. Inspection and acceptance of work The governing authority of any drainage district taking advantage of the provisions of this Part shall, upon the completion of any contract awarded as provided for herein, provide for the final inspection of the work performed thereunder a…
La. Rev. Stat. § 38:1593 Employment and duties of engineer and attorney
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§1593. Employment and duties of engineer and attorney A. Drainage districts taking advantage of the provisions of this Part are hereby authorized through their respective governing authorities to engage the services of an engineer and provide for his payment. The engineer shall p…
La. Rev. Stat. § 38:1594 Prescriptive period to question validity of proceedings
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§1594. Prescriptive period to question validity of proceedings No contest or proceedings to question the validity or legality of any resolutions or ordinances adopted or proceedings undertaken under the provisions of this Part shall be initiated in any court by any person for any…
La. Rev. Stat. § 38:1595 Participation in payment of costs
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§1595. Participation in payment of costs Any drainage district proceeding under the authority of this Part may participate in the payment of the total cost of any project authorized hereunder in such a manner and to such extent that the governing authority of the district may det…
La. Rev. Stat. § 38:1595.1 Jefferson Parish; drainage service fees; bonds
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§1595.1. Jefferson Parish; drainage service fees; bonds A. The governing authority of the parish of Jefferson and of any drainage district, subdrainage district, and municipality located in the parish of Jefferson, each hereinafter referred to as an "entity", may determine, estab…
La. Rev. Stat. § 38:1596.1 Creation of district; governing authority
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§1596.1. Creation of district; governing authority A. There is hereby created a drainage district in Ouachita Parish to be known as the River Oaks Drainage District No. 1. The boundaries of the district are as follows: "A certain tract of land containing 450 acres, more or less, …
La. Rev. Stat. § 38:1596.10 Sale and delivery of certificates; use of proceeds
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§1596.10. Sale and delivery of certificates; use of proceeds A. The certificates may be advertised for sale on sealed bids as provided by law. The governing authority may reject any and all bids received as a result of the advertisement. If no bids are received or if all bids are…
La. Rev. Stat. § 38:1596.11 Certificates as negotiable paper
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§1596.11. Certificates as negotiable paper Drainage certificates issued hereunder shall be deemed to possess all the legal requisites of negotiable paper, shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale, or delivery, and shall be in…
La. Rev. Stat. § 38:1596.12 Inspection and acceptance of work
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§1596.12. Inspection and acceptance of work The governing authority shall provide for the final inspection of the work performed and the improvements made and, if the work is found to have been completed satisfactorily in accordance with the contract, as evidenced by a certificat…
La. Rev. Stat. § 38:1596.13 Employment and duties of engineer and attorney
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§1596.13. Employment and duties of engineer and attorney A. The district may engage the services of an engineer and provide for his payment. The engineer shall prepare all plans and specification for the work and improvements herein authorized and the governing authority shall ap…
La. Rev. Stat. § 38:1596.14 Prescriptive period to question validity of proceedings
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§1596.14. Prescriptive period to question validity of proceedings No contest or proceedings to question the validity or legality of any resolutions or ordinances adopted or proceedings undertaken under the provisions of this Part shall be initiated in any court by any person for …
La. Rev. Stat. § 38:1596.2 Powers and duties
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§1596.2. Powers and duties A. The governing authority of the drainage district may establish, acquire, construct, improve, extend, and maintain a drainage system or systems, including such drainage facilities as may be required, with all necessary equipment and installations in c…
La. Rev. Stat. § 38:1596.3 Notice of intention to establish system; objections
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§1596.3. Notice of intention to establish system; objections A. Prior to taking action, the governing authority shall adopt a resolution giving notice of its intention to establish, acquire, construct, improve, extend, and maintain such drainage system or systems and other improv…
La. Rev. Stat. § 38:1596.4 Specifications; advertising for bids
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§1596.4. Specifications; advertising for bids A. The governing authority of the district, after having given notice of its intention as above set forth and after disposing of all objections and having decided to order the construction of such improvements, may have the necessary …
La. Rev. Stat. § 38:1596.5 Statement of cost of improvement; definitions
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§1596.5. Statement of cost of improvement; definitions A. Upon the award of any contract under the provisions of this Part, the engineer of the district shall prepare a certified statement or report showing in detail the total cost of the improvements, including the cost of stree…
La. Rev. Stat. § 38:1596.6 Special assessments; installment notes; effect of default; assessment lien
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§1596.6. Special assessments; installment notes; effect of default; assessment lien A. Upon receipt of the certified statement or report of the engineer as provided in R.S. 38:1596.5, the governing authority shall review the statement or report, including the proposed local or sp…
La. Rev. Stat. § 38:1596.7 Certificates of indebtedness
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§1596.7. Certificates of indebtedness A. The governing authority of the district may issue, execute, negotiate, sell, and deliver negotiable interest-bearing coupon certificates of the district in an amount up to the total amount of the installments or deferred payments as provid…
La. Rev. Stat. § 38:1596.8 Additional assessments
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§1596.8. Additional assessments A. If the local and special assessments originally levied are insufficient in any one year to pay the principal and/or interest of the drainage certificates outstanding at their respective maturity dates, the governing authority may levy and collec…
La. Rev. Stat. § 38:1596.9 Form and registration of certificates
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§1596.9. Form and registration of certificates The drainage certificates shall be signed by the president of the governing authority and by its clerk or secretary for, on behalf of, and in the name of the district and under the seal thereof. The interest coupons, if any, shall be…
La. Rev. Stat. § 38:16 Board of Public Works; abolition
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§16. Board of Public Works; abolition A. The Board of Public Works is hereby abolished. B. The secretary of the Department of Transportation and Development shall be responsible for performing or exercising or delegating to an office within his department any powers or functions …
La. Rev. Stat. § 38:1601 Definitions; representation
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§1601. Definitions; representation A. As used in this Chapter, unless the context clearly indicates otherwise, the term "police jury" means the governing authority of the various parishes. B. As used in this Part, the following words have the meaning ascribed to them in this Sect…
La. Rev. Stat. § 38:1601.1 Applicability of Chapter
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§1601.1. Applicability of Chapter The provisions of this Chapter shall not apply to any undrained lands, including marsh, swamp, and overflow lands, located in the parish of Orleans or owned by the city of New Orleans. Added by Acts 1975, No. 520, §1.
La. Rev. Stat. § 38:1602 Parishes authorized to create drainage districts
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§1602. Parishes authorized to create drainage districts 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 various parishes on their…
La. Rev. Stat. § 38:1603 Creation of districts embracing lands in more than one parish
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§1603. Creation of districts embracing lands in more than one parish When it seems desirable in the opinion of the parish governing authorities acting on their own initiative, to create drainage districts composed of contiguous lands situated partly in one parish and partly in on…
La. Rev. Stat. § 38:1604 Creation of district on petition of property owners; procedure to be followed
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§1604. Creation of district on petition of property owners; procedure to be followed Upon the failure or refusal of any parish to create drainage districts when needed, or on the failure or refusal of any one or more parishes to create drainage districts composed of lands situate…
La. Rev. Stat. § 38:1605 Approval of Department of Public Works; duties of department
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§1605. Approval of Department of Public Works; duties of department No drainage district shall be created until the Department of Public Works shall have first approved the formation of the district with respect to the body of land to be included therein, and shall have furnished…
La. Rev. Stat. § 38:1606 Name of district
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§1606. Name of district Drainage districts created under this Part shall be known as drainage districts with any other name or number which the parish may designate. When created upon petition, the name suggested in the petition shall be designated by the parish governing authori…
La. Rev. Stat. § 38:1607 Board of commissioners; qualifications; compensation and expenses
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§1607. Board of commissioners; qualifications; compensation and expenses A.(1) All drainage districts shall be governed and controlled by five commissioners to be known as a board of commissioners. However, the Lafourche Parish Drainage District No. 1 and the Wax Lake East Draina…
La. Rev. Stat. § 38:1608 Appointment and terms of commissioners
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§1608. Appointment and terms of commissioners A.(1) In the ordinance creating a drainage district, the police juries creating the district shall appoint the five commissioners, except in Lafourche Parish where the police jury shall appoint seven commissioners for Lafourche Parish…
La. Rev. Stat. § 38:1609 Removal of commissioners; appointment of successors
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§1609. Removal of commissioners; appointment of successors Any commissioner of a drainage district may be removed for cause by the police jury appointing the commissioner, upon petition of landowners owning a majority of the acreage in the district. The police jury shall without …
La. Rev. Stat. § 38:1610 Oath of commissioners
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§1610. Oath of commissioners Before entering upon his official duties, each commissioner of a drainage district created under this Part shall take and subscribe to an oath before an officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially …
La. Rev. Stat. § 38:1611 Officers of board; seal; depository; payment of funds
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§1611. Officers of board; seal; depository; payment of funds 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…
La. Rev. Stat. § 38:1612 Record of proceedings of board
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§1612. Record of proceedings of board The board of commissioners of drainage districts shall cause to be kept a well bound book, entitled "Record of Board of Commissioners of (Here insert name of drainage district)" in which shall be recorded the minutes of all meetings, all proc…
La. Rev. Stat. § 38:1613 Domicile of district; place of suit; place of meetings
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§1613. Domicile of district; place of suit; place of meetings The domicile of the drainage district shall be designated in the ordinance creating the district. The commissioners of a drainage district may at any time, by resolution, establish a different domicile, but the domicil…
La. Rev. Stat. § 38:1614 Corporate status and powers of district
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§1614. Corporate status and powers of district Any drainage district shall constitute a body corporate in law, with all the powers of a corporation. It shall have perpetual existence, incur debts and contract obligations in accordance with law, sue and be sued, have a corporate s…
La. Rev. Stat. § 38:1615 Record of proceedings of board
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§1615. Record of proceedings of board The clerk of the district court and ex-officio recorder of every parish of this state shall keep among the records of his office a well-bound book, which shall be known as the "Drainage District Record Book," in which shall be recorded, with …